Very recently, there was a State-level seminar on the working of Gram Nyayalaya Act-2008 held under the auspices of two established voluntary organisations.
Opinions have been expressed that the Government should take active steps to establish 16 other Gram Nyayalayas in different panchayats of the State so as to popularize the concept of justice at the doorstep of the poor, needy and downtrodden at the grass root level.
As a matter of fact there was constitutional amendment and Article-39(A) was added to the chapter of Directive Principles of State Policy which mandates the provisions of free legal aid for providing access to justice to the citizens at their door steps.
It also emphasizes that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities.
As a matter of fact, the constitution in Article-14 assures every citizen of equality before law and equal protection to the laws.
Therefore, in this backdrop of constitutional prescriptions, it is duty of the State to provide free legal services to the members of SC/ST, OBC, the physically-challenged, women, children and persons affected by flood, famine and earthquake who are deprived of approaching the corridors of justice due to their indigence or otherwise.
Therefore, in this context, the establishment of Gram Nyayalaya is a necessity of the time. Article 40 of the Constitution speaks of organising gram panchayats and to introduce Panchayati Raj system for people’s participation in the governance at the grassroots level which otherwise is called self-rule.
Panchayati Raj was introduced by to 73rd amendment of the constitution and Article – 243 has conferred powers to gram panchayats to govern themselves.
The Central Government has also issued directives to the States to introduce Panchayati Raj system.
Therefore, in view of the Constitutional mandate for free legal services and inexpensive justice at the doorsteps, the Gram Nyayalaya Act-2008 was passed and became operational in the country.
Odisha has also framed the Gram Nyayalaya rules and staffing pattern rules-2010. In Odisha so far, 15 such Gram Nyayalayas are working in different panchayats.
The main objective of the Gram Nyayalaya is to decide petty civil and criminal cases of the villagers. The practice and experience shows that the Gram Nyayalayas adopt the same customary practices of lengthy trial procedure and procedural wrangling.
The objective of such Nyayalaya is to settle the dispute of the villagers more by way of conciliation, third party arbitration, mediation and through lok Adalat without always and adhering to conventional method of trial procedure.
By this method of alternative dispute resolution mechanism, the villagers at the grassroots level could secure inexpensive justice without wastage of time and energy by running to the court. As a matter of fact, very simple nature civil and criminal cases are solved by the Gram Nyayalaya.
It is felt that the ‘Nyayadhikari’ of such courts should be invested with more powers to decide different nature of cases under the special laws as they have the powers of Magistrate First Class and Civil Judge.
The Gram Nyayalaya Nyayadhikari is vested with the power to dispose of petty criminal cases summarily under Section – 260 of the code of criminal procedure. They are also authorized under the law to make a memorandum of the substance of the evidence of the witnesses.
This procedure would facilitate the Nyayadhikari to settle the case quickly which is a very good approach to provide inexpensive justice to the rural population at their doorstep.
This would inspire confidence in the mind of the villagers about the efficacy of the justice delivery system through Gram Nyayalayas at the panchayat level.
In the ultimate analysis, the functioning of 15 Gram Nyayalayas in different panchayats by and large is encouraging.
However, to popularize this method of justice delivery system at the grassroots level, the State Government should take prompt steps to establish another 16 such Gram Nyayalayas under different panchayats.
Reportedly, a policy decision has already been taken in this regard and sufficient funds have been provided by the Central Government. Hence, the ball is in the State Government’s court.
(The writer is a former Judge, CBI Special Court, Mob: 9437022723)