Objective of Act of 2008 yet to be achieved in both UTs
Inordinate delay despite availability of Central funding
Mohinder Verma
JAMMU, Apr 2: Stating that objective of Act of 2008 has yet not been achieved in both the Union Territories, the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has stressed operationalization of Gram Nyayalayas in Jammu & Kashmir and Ladakh on priority.
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The Gram Nyayalayas Act, 2008 was enacted to facilitate access to justice at the grassroots level. Under this Act, State/UT Governments, in consultation with their respective High Courts, establish one or more Gram Nyayalayas for each Panchayat at the intermediate level.
As far as Jammu & Kashmir Union Territory is concerned, 20 Gram Nyayalayas (one for each district) were notified in 2021-22 while as in Union Territory of Ladakh two Gram Nyayalayas were notified in the same year. However, till date none of them has become operational, the Parliamentary Panel has mentioned in the report submitted to the Parliament.
The inordinate delay is notwithstanding the fact that Central Government funding is available for such Nyayalayas. The funding includes one-time (non-recurring) assistance of Rs 18 lakh per Gram Nyayalaya. Additionally, recurring assistance covers 50% of the expenditure, subject to a ceiling of Rs 3.20 lakh per annum per Gram Nyayalaya for the first three years.
“The Government has extended the Gram Nyayalaya Scheme from 2021-22 to 2025-26 with a financial outlay of Rs 50 crore for operationalizing Gram Nyayalayas. However, the release of funds is subject to the conditions that Gram Nyayalayas must be notified and operational; Nyayadhikaris (Judicial Officers) must be appointed and details must be updated on the Gram Nyayalayas Portal of the Department of Justice of the Government of India”, the Parliamentary Panel said.
The Department-Related Standing Committee has stressed that both the Union Territories should prioritize operationalization of the notified entities through development of their infrastructural facilities and deployment of required workforce.
The Gram Nyayalayas Act was enacted for ensuring speedy and easy access to justice system in the rural areas. The Act came into force with effect from October 2, 2009 in whole of the country. However, it became applicable to Jammu and Kashmir and Ladakh following abrogation of Article 370 and as per the provisions of the Jammu and Kashmir Reorganization Act, 2019.
In the month of June 2020, the Department of Law, Justice and Parliamentary Affairs of J&K UT issued notification mentioning that the headquarters identified for the Dehi Adalats in the year 2013 shall be deemed to be the headquarters of the Gram Nyayalayas.
Thereafter, in the month of January 2021, the then Chief Justice of High Court of J&K and Ladakh constituted a high-level committee to look into the operationalization and functioning of the Gram Nyayalayas within the jurisdictional limit of the High Court with a view to make the institution a robust and credible pillar of justice delivery system.
However, these Gram Nyayalayas could not be made functional till date as no concrete decision has been taken by the administration about creation of infrastructure and manpower. Unless decision about manpower is taken these Gram Nyayalayas cannot be made functional as it is not possible for the judiciary to divert manpower for Gram Nyayalayas because the existing courts are already facing manpower crisis.
The Act is aimed at providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities.
Only a person who is eligible to be appointed as a Judicial Magistrate of First Class can be posted as Nyayadhikari and notwithstanding anything contained in the Code of Criminal Procedure or the Code of Civil Procedure, the Gram Nyayalaya can exercise both civil and criminal jurisdiction in the manner and to the extent provided under the Act.
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