SC Raps States For Failure To Set Up Gram Nyayalayas
By Kriti Kalra
The Supreme Court of India’s recent stance on Gram Nyayalayas marks a crucial moment in the country’s effort to make justice more accessible. In a public interest litigation (PIL), the Court issued a strong warning to the states and Union Territories that have not complied with the requirement to set up these grassroots courts as mandated by the Gram Nyayalayas Act, 2008.
The Gram Nyayalayas Act was aimed at bringing justice closer to rural India, ensuring that socio-economic barriers do not prevent people from accessing legal help. However, the implementation has been poor, with only about five-six per cent of the required Gram Nyayalayas being functional. This disappointing situation led the Supreme Court to take a firm stance, instructing the states and High Courts to speed up the process of establishing these courts.
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| The Supreme Court’s proactive approach offers hope to rural litigants |
Justice B.R. Gavai, heading the bench, pointed out that the absence of functional Gram Nyayalayas severely limits access to justice for rural communities. The Court’s order to file compliance affidavits within three weeks indicates its frustration with the slow pace of implementation. Advocate Prashant Bhushan, representing the petitioners, noted that some states were hesitant to establish Gram Nyayalayas, using the existence of Nyaya Panchayats as an excuse. However, the Court clarified that the two are distinct, with Gram Nyayalayas holding proper judicial authority.
The Supreme Court’s proactive approach offers hope to rural litigants who have long been denied timely and affordable justice. Establishing Gram Nyayalayas is not just a legal obligation but also a moral duty to fulfil the constitutional promise of justice for all.
Several states have been reluctant to establish Gram Nyayalayas, despite the clear directive in the 2008 Act. This hesitation is due to a mix of financial, administrative, and political challenges. Many states face budget constraints and are unwilling to allocate the necessary funds for setting up and maintaining these local courts. The revenue generated by local bodies through taxes is often insufficient, making them dependent on state and central government grants, which adds to the delay in their establishment.
The administrative challenges of setting up Gram Nyayalayas, including defining their jurisdiction, conducting elections, and ensuring adequate staffing, are also considerable. For state governments that are already stretched thin, these tasks require significant planning and resources, further slowing down the process.
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| A file picture of a Gram Nyayalaya |
Political factors also play a major role. Some states are hesitant to decentralise power to local bodies, fearing a loss of administrative and financial control. Empowering Gram Nyayalayas would mean ceding some authority, which many state governments see as a potential weakening of their power. Additionally, the fear that local bodies could become centres of political influence themselves has led to resistance from state-level politicians.
Further complicating the issue is the existence of traditional local governance structures, like Nyaya Panchayats, in some regions. States often argue that these existing bodies are sufficient, although they lack the judicial authority that Gram Nyayalayas possess.
Another major challenge is the lack of trained personnel to effectively manage and operate Gram Nyayalayas. Without proper training in planning, budgeting, and financial management, these local bodies struggle to function as intended.
Public awareness about the role and benefits of Gram Nyayalayas is also limited, particularly in rural areas. This lack of awareness makes it difficult to garner community support and participation, which is crucial for the successful establishment and operation of these courts.
Addressing these challenges requires a collective effort from both state and central governments. Ensuring financial viability, improving administrative efficiency, and building political commitment are essential steps towards realising the vision of accessible justice as laid out in the Gram Nyayalayas Act. Additionally, raising public awareness and investing in capacity building for local governance structures can pave the way for more effective justice delivery in rural India.
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