Date:27/12/2006 URL: http://www.thehindu.com/2006/12/27/stories/2006122702031400.htm

National

Speedy justice at grass roots coming

Aarti Dhar

NEW DELHI: The Gram Nyayalayas and Nyaya Panchayat bills, under government consideration, seek to deliver expeditious and inexpensive justice at the grass roots.

The Gram Nyayalayas Bill, 2005 has been circulated to the stakeholders for their comments. The draft bill authorises the State Governments to facilitate greater access to justice, in both civil and criminal matters, and to establish a Gram Nyayalaya for every intermediate panchayat or panchayat samiti or block in a district.

It describes the Gram Nyayalaya as the lowest court of the subordinate judiciary in the State. It has two Schedules, the first enumerating the offences and the second providing details of civil suits which will be placed under the jurisdiction of the Gram Nyayalayas.

Participatory justice

To further decentralise the tiers of justice delivery for reducing the burden on the lower judiciary, the Government is setting up a system of participatory justice through Nyaya Panchayats. These panchayats, with well-defined jurisdiction and powers at a level below the Gram Nyayalayas, will function as an adjunct to the regular panchayats.

In particular, disputes over agricultural land, the rights to cultivation and grazing on common pastures, disputes over cultivation, the right to draw water from canals or tube wells or incidental questions arising in villages will be considered appropriate jurisdiction for the Nyaya Panchayats in civil matters. The jurisdiction can also cover denial of social justice and non-payment of minimum wages.

The Nyaya Panchayat will be a forum, with people's participation in the administration of justice as one of the goals mandated by Article 39A of the Constitution. It aims at establishing an alternative dispute redress system through mediation, conciliation and compromise at the grass-roots level that requires to be institutionalised with people's involvement.

Quota

The Nyaya Panchayat Bill, 2006 provides for composition of the Nyaya Panchayat by election, with reservation for women and the Scheduled Castes and the Scheduled Tribes.

A Nyaya Sahayak will provide legal information to the Nyaya Panchayat, which will report to the Zilla Panchayat, which in turn will submit a report to the State Government giving a full account of resolution of disputes.

This report will be laid before the Assembly.

The Union Panchayati Raj Ministry has sought an initial grant of Rs. 328.80 crore and an annual budgetary outlay of Rs. 684.45 crore for the functioning of 1.5 lakh Nyaya Panchayats in the country.