Functions of Nyaya Panchayats

Nyaya Panchayats function as judicial components of the Panchayat system, which ensures
proper administration of justice at the local or village level. It is a judicial function in both civil
and criminal fields.Nyaya Panchayats have minor civil and criminal jurisdiction, which extends
to offenses such as simple injury, wrongful possession, theft, and punishing the accused to pay a
fine.

In civil matters, Nyaya Panchayats have jurisdiction in cases such as suits for money and
goods.The Nyaya Panchayats call the witness and the parties to record their evidence or produce
any relevant documents or facts.Nyaya panchayats investigate the facts to find out the truth and
at the same time they have the power to punish for contempt, on the other hand, courts don’t
have the authority to investigate.

The main function of Nyaya Panchayats is to resolve cases as quickly as possible.Nyaya

Panchayats conduct legal inquiries within its jurisdiction and report as per the order of the
Magistrate.Nyaya Panchayats deal with local cases of robbers, Trespassing, and personal
disputes and can impose a maximum penalty of Rs. 100 may be fined.Nyaya Panchayats provide
justice at doorsteps and save money and time.

Comparative Analysis

The choice between Nyaya Panchayats and other dispute resolution mechanisms depends on
factors like the nature of the dispute, the preferences of the parties, and the accessibility of
resources. Here is comparative analysis contrasting Nyaya Panchayats with other dispute
resolution mechanisms:

Formal Legal System

Nyaya Panchayats are community-based and informal system. The formal legal system is highly
structured and is governed by statutory laws.Nyaya Panchayat members may lack formal legal
expertise. Formal courts have trained judges and lawyers.Nyaya Panchayats are generally
quicker and more cost-effective, while formal legal procedures can be time-consuming and
expensive.
Nyaya Panchayat decisions may lack legal enforcement. Formal court judgments are legally
binding and enforceable.Nyaya Panchayats decisions are based upon local customs and
traditions. Formal courts uses statutory laws and precedents.Nyaya Panchayats look after minor
civil and family disputes within the community, while formal courts handle a wider range of
cases, including criminal matters and complex civil disputes.

Arbitration and Mediation

Arbitration and mediation are often voluntary, whereas Nyaya Panchayat decisions can be
mandatory for the parties involved.Nyaya Panchayats are typically community-driven, while
arbitration and mediation may involve professional neutrals.

Challenges Faced by Nyaya Panchayat

The various challenges faced by Nyaya Panchayat are as follows:

Panchas and Nyaya Adhikaris may lack formal legal training, that can affect the decision-making
processLack of Resources like Insufficient infrastructure, funding, and support staff can hinder
their efficiency.Enforcement of decisions can be challenging, as they lack legal enforcement
authority.Gender bias may affect the treatment of women and decision in dispute resolution.

Interference from local authorities affects the functioning of Nyaya Panchayats.Many people in
rural areas may find them geographically inaccessible or may not be aware of Nyaya
Panchayats.Influence of powerful individuals or groups can compromise the fairness of
proceedings.Legal Compatibility like coordinating with the formal legal system and adhering to
legal procedures can be complex.

Future Prospect

The future prospects of Nyaya Panchayats in India hold significant potential and opportunities,
as well as some challenges to address. Some main points regarding the future prospects are as
follows:They can explore innovative methods of dispute resolution, to enhance efficiency and
accessibility, including online platforms.

Greater community participation and awareness can strengthen the effectiveness and legitimacy
of Nyaya Panchayats.Fostering gender sensitivity by addressing biases in dispute resolution can
promote gender equality and women’s rights.Improved coordination and integration with the
formal legal system can streamline the resolution of complex cases.Ensuring adequate resources,
both financial and human, will be important for their sustainability.

Ongoing legal education and training programs for Nyaya Panchayat members can improve their
legal knowledge and decision-making.Nyaya Panchayats can continue to expand their reach to
cover more rural areas, thereby increasing access to justice for marginalized communities.

Salient features of nyaya panchayats

1. Establishment

Section 3 of the Gram Nyayalayas Act, 2008 provides for the establishment of Gram Nyayalayas
and Section 4 of the Act provides for the establishment of the village Grama Nyayalaya
headquarters in the concerned panchayat or intermediate panchayat notified by the State
Government. The establishment of Gram Nyayalayas is at an intermediate level i.e. a Gram
Nyayalayam for a group of contiguous Panchayats. The level of Gram Nyayalayas is equivalent
to the Court of First Class Judicial Magistrate.

3. Appointment

Section 5 of the Gram Nyayalayas act, 2008 lay down the appointment of the presiding officer.
The Nyayadhikari is appointed by the state government after the consultation with the high court,
and Section 6 of the Act mandates the fulfillment of the requirements and qualifications of a
First-Class Judicial Magistrate for appointing as a Nyayadhikari. Section 7 of the concerned act
states that the salary of the Nyayadhikari shall be equivalent to that of the judicial magistrate of
the first class, While appointing the Grama Nyayadhikari, the State Government shall issue
notification from time to time including Scheduled Castes, Scheduled Tribes, and Women.

4. Jurisdiction

The Gram Nyayalaya has jurisdiction over the area declared by the State Government in
consultation with the High Court by notification. Nyayadhikari can organize mobile courts and
conduct hearings in villages. They have jurisdiction to try criminal cases specified in the First
Schedule and civil suits specified in the Second Schedule of the Gram Nyayalayas act, 2008. The
provisions in section 30 of the act, allow any statement, report, document, or information to be
accepted as evidence by the Gram Nyayalayas. The financial jurisdiction of Gram Nyayalayas is
determined by the respective high courts. Section 24 (6) of the act provides for the adoption of
such discretionary powers to the Nyayalaya as it thinks fit and reasonable for the conduct of civil
cases. and also concerning the transfer of cases High Courts have the power to transfer eligible
cases from District Court to Gram Nyayalayas.

5. Conciliation

It is suggested that the disputes should be resolved as far as possible by reaching a conciliation
between the parties, and the Grama Nyayalayas should appoint conciliators for this purpose.
Section 26 of the act mandates solving the dispute through the method of conciliation, which is
approved by the concerned high court.

6. Summary Procedure

The Grama Nyayalayas follow the summary procedure in criminal proceedings and this
procedure helps faster and simpler than the ordinary stages in suits. Grama Nyayalayas are not
bound by the rules of evidence provided in the Indian Evidence Act, 1872 but are guided by
principles of law and subject to any rule made by the High Court. Every Gram Nyayalayas shall
use a seal of the court. A copy of the Judgment shall be delivered free of cost to both parties
within three days from the date of pronouncement of judgment.

7. Appeal

An appeal in criminal cases lies to the Court of Sessions, which shall be heard and disposed of
within six months from the date of filing of such appeal. An appeal in civil cases lies to the
District Court, which shall be heard and disposed of within six months from the date of filing of
such appeal.

Composition of Nyaya Panchayat

The composition of Nyaya Panchayats can vary depending on the specific state or region in
India, as they are primarily a feature of rural local governance in India. The general overview of
the composition is as follows:

Nyaya Adhikari (Judicial Officer): Leads and presides over the proceedings.
Panches (Members): Local community members, usually three to five in number, who assist in
decision-making.
Local Representatives: Sometimes includes local elected officials for connection to the broader
local governance.
Legal Advisors: May have legal experts for guidance on legal matters.
Support Staff: Administrative personnel for record-keeping.
Parties and Witnesses: Involved parties and their witnesses participate in the proceedings.

PRESENT STATUS OF NYAYA PANCHAYATS

Present Status: As per information available in February 2022, a total of 476 Grama Nyayalayas
have been notified so far by 15 states, and out of these 258 are operational in 10 states at present.
These 10 states have been notified and functioning the Grama Nyayalayas in their states, which
are Madhya Pradesh, Rajasthan, Kerala, Maharashtra, Haryana, Punjab, and Jharkhand. Out of
these 5 states Goa, Andhra Pradesh, Telangana, Ladakh, and Jammu & Kashmir are notified but
not implemented. Law Minister Kiren Rijiju said in Lok Sabha, that a total of 258 Grama
Nyayalayas disposed of 43,914 cases in the last 15 months from December 2020 to February
2022.

The Grama Nyayalayas scheme has been regularly evaluated and monitored by the State High
Courts and a third-party evaluation of the scheme was done by NITI Aayog and which also
recommended the continuation of the scheme. The government of India has expanded the
scheme for 5 years up to 31/03/2026 with a budgetary of Rs 50 crores. The Union government
provides on-time assistance of Rs 18 lakhs to states towards expenses for setting up one Gram
Nyayalaya. The central government also assists 3.20 lakhs per One Gram Nyayalayas towards
expenses for operating these Grama Nyayalayas for the first 3 years.
Need for Grama Nyayalayas

The Law Commission of India in its 14th report recommended the establishment of Grama
Nyayalayas for providing speedy and inexpensive justice to the public. It stated that the
composition of the democratic Nyaya Panchayats should be established through elections. It also
suggested that the establishment of a three-member panel with presiding officers be selected
from amongst the cadre of judges of that state, and two lay judges to be selected on the
recommendations of the panel comprising of the district magistrate and district sessions court.

The 42 Constitutional amendment act inserted Article 39A into the Constitution of India, which
provides that the State shall create a judicial system that promotes justice based on equal
opportunities for the poor and weaker sections of society. Appropriate training should be
provided to Nyayadhikari about legal procedures, the local language, legal skills, and customary
and traditional knowledge. Despite these measures, access to justice and quick and inexpensive
dispute resolution at the grassroots level need to be materialized. Infrastructural facilities for a
dedicated building and its staff should be provided and appropriate budgetary measures should
be taken.

The state government should provide all facilities to the Grama Nyayalayas including the
provision of vehicles for holding mobile courts by the Nyayadhikari while conducting trails
outside its headquarters. The state government should provide a police officer who functions
within the limits of the jurisdiction of grama nyayalayas and shall be bound to assist the Grama
Nyayalayas in the exercise of its lawful authority.

The government should consider several measures such as simplification of procedural law and
establishment of scientific dispute redressal mechanisms in Grama Nyayalayas. Scientific
monitoring of the performance of Grama Nyayalayas must be done periodically by respective
high courts and other institutions like NITI Aayog. Awareness campaign to sensitize people
about the importance and easy access to the Gram Nyayalaya process through digital and print
media. The state should carry forward the ideals of Mahatma Gandhi and his support for the
“swadeshi” system of dispute settlement.