SC seeks status report on 'Gram Nyayalayas'

The Supreme Court on Thursday directed all state governments and the High Courts to file a status report with regard to setting up 'Gram Nyayalayas' across the country.

A bench of Justices S Abdul Nazeer and Hima Kohli gave the States and High Courts eight weeks time to give information on setting up such village courts as per provisions of the Gram Nyayalayas Act, 2008.

Advocate Prashant Bhushan, appearing for the National Federation of Societies for Fast Justice, said some of the states stated that they have an alternative system but the law takes care of this point because it uses the term 'notwithstanding, any other system in place'.

The law, Gram Nyayalayas Act 2008, only excluded a few areas such as the North-East and the tribal areas, he said.

He also said many States have not even established even a single Gram Nyayalayas, while the Centre had also taken a position it was not mandatory if some similar arrangements were in place, as the law uses 'may' instead of 'shall'.

On September 2, 2019, the top court issued a notice to the Centre and others in the matter.

The petitioner contended that the object of the 2008 Act was to provide ‘access to justice’ to all. However, the state governments concerned have been defeating the object of the Act, as Section 3 of the Act provides that state governments “may” constitute Gram Nyayalayas.