INSTITUTE OF LAW NIRMA UNIVERSITY

Gram Nyayalayas

ARTICLE WRITING For the su !e"t o# Alter$at%&e '%s(ute Resolut%o$

Su m%tte) to*+ Mr, Roh%t Moo$-a Asst, .ro#,/ ILNU

Su m%tte) y*+ Shra))ha 0a$ara 123AL245 6'%&, '7

INTRO'UCTION
The Gram Nyaylaya is the latest in the reforms of the Indian Judiciary. Fast Track Courts and Lok Adalats have been introduced to address the monumental backlog of cases in the Judiciary. Family Courts were introduced in 1 !" also es#ouses s#eedy dis#osal$ sensitive a##roach and rela%ation of strict rules of evidence and #rocedure. The Gram Nyaylaya seems to be combination of the ob&ectives of several s#ecial courts in contrast to the regular em#hasis on the adversarial trial. The Gram Nyayalaya may ins#ire confidence in the village community$ it is im#erative that a legally trained mind #reside over the body. And to avoid a #urely technical legalistic a##roach$ two other #ersons who are village level workers and who are educated and socially oriented should be inducted. '(uality and &ustice are indis#utably two key facets of the idea of a modern$ democratic and constitution)adhering India. The #rinci#les of e(uality and &ustice are realised by the *tate a##aratus through the business of administration of &ustice. India+s &ustice system is characterised by systemic #roblems$ including corru#tion$ delays$ #endency$ increasing costs$ limited legal aid$ and a lack of a##ro#riately trained lawyers and &udges. ,hen confronted with the many #roblems of the legal system$ the government+s res#onse has been not to invest in and fi% a broken system$ instead it has res#onded by moving out of the adversarial system with its #rocedural guarantees$ those who have the least voice and use it minimally - Indian citi.ens$ who live in rural areas$ with small claims$ both civil and criminal in nature. The government does this with the #assage of the Gram Nyayalayas Act$ /00!. This Act #er#etuates the #henomenon of two Indias - that of the better resourced urban citi.en who can afford and has access to the courts. And$ the other India of the im#overished - the more disconnected rural citi.en$ who gets #rimary access to forums that focus #rimarily on dis#osing of their claims$ minus the a##lication of essential safeguards of the legal #rocess - lawyers$ a##eals$ #rocedural #rotections and evidentiary re(uirements. The Act #rovides for the establishment of nearly 1$023 Gram Nyayalayas or village courts across the country. The avowed 4b&ective is to #rovide access to &ustice to the citi.ens and to ensure that o##ortunities for securiing &ustice are not denied to any citi.en by reason of social$ economic or other disabilities. In his address on the eve of the 5ational Law 6ay$ the Chief Justice of India underscored the im#ortance of this initiative as he asserted that his would bring the &ustice delivery system closer to rural citi.ens.

*ince a small number of Gram Nyayalayas have become o#erational from / 4ctober /00 $ information on the im#lementation of these 7village courts8 is not available
.

The Gram Nyayalaya is the latest in the reforms in the structure of the Indian &udiciary. The state introduced Fast track Courts and Lok Adalats to address the monumental backlog of cases in the &udiciary. Family Courts instituted since 1 !" also es#ouses s#eedy dis#osal$ sensitive a##roach and rela%ation of strict rules of evidence and #rocedure. The Gram Nyayalaya seems to be a combination of the ob&ectives of several s#ecial courts in contrast to the regular em#hasis on the adversarial trial.1

118T9 LAW COMMISSION ON GRAM NYAYALAYAS

In distinction to the Nyaya Panchayats since it is dissimilar in more ways than one$ and a cou#le of ste#s ahead of it$ the a##ellation 9Gram Panchayat9 is suggested for the new model of &ustice dis#ensing forum. The Gram Panchayat is to be a statutory village level court and its &urisdiction is not o#tional. In order that the Gram Nyayalaya may ins#ire confidence in the village community$ it is im#erative that a legally trained mind #reside over the body. And to avoid a #urely technical legalistic a##roach$ two other #ersons who are village level workers and who are educated and socially oriented should be inducted. The three should constitute the Gram Nyayalaya. It would not be too unwieldy and it would have all the advantages both of *tate courts: a##roach and #artici#ation of lay #ublic in the administration of &ustice. The Gram Nyayalaya should consist of a legally trained Judge belonging to the cadre of Judges to be s#ecifically set u# for this #ur#ose. In order to select legally trained Judges for Gram Nyayalaya$ the *tate shall form a ;anchayati <a& cadre of Judges. They would ordinarily form #art of the *ubordinate Judiciary of the *tate. The Judge must have all those (ualifications which he should have for being recruited as =unsif =agistrate or Civil Judge >Junior 6ivision? and Judicial =agistrate$ First Class.

Available at http://lawandotherthings.blogspot.com/2010/11/gram-nyayalaya-new-face-of-judiciary.html

As the ;anchayati <a& Judge is to be drawn from the cadre of =unsif =agistrate@Civil Judge >Jr. 6ivision?$ Judicial =agistrate First Class$ for the time being the same method of selection will a##ly which$ the Commission is informed$ is that the selection is done by the *tate ;ublic *ervice Commission in which a Judge nominated by the Chief Justice of the concerned Aigh Court #artici#ated for the time being B the same method may be ado#ted. It is desirable that a =ember of the *tate Judicial *ervice at the lowest level with three years e%#erience should be selected for this cadre. The selection must be made by the Aigh Court. In the selection of the lay Judges$ a *election Committee of 6istrict =agistrate and 6istrict Judge of the concerned district should be constituted in each district for this #ur#ose. To begin with$ the 6istrict =agistrate and 6istrict Judge should se#arately draw u# a #anel u# to a number far e%ceeding the minimum re(uired. Thereafter$ they must e%change their #anels. A few days later$ they must assemble$ interact and finalise the #anel. The #anel of laymen should$ as far as #ossible$ be an agreed one$ failing which the 6istrict =agistrate and the 6istrict and *essions Judge may recommend their se#arate lists and also record their ob&ections to the names suggested by the other members of the selection committee. The entire #anel whether it is drawn u# on consensus$ or #artly agreed or wholly se#arate$ should be submitted to the Chief Justice of the Aigh Court having &urisdiction. The Chief Justice$ in consultation with two of his colleagues$ shall finalise the #anel. It would be o#en to him to call for additional information about the #ersons figuring in the #anel on se#arate lists submitted by the members of the selection committee. The selection must be confined to the residents of the district. ,hile #re#aring a #anel a member of the selection body may have recourse to his subordinates to collect the antecedents of the #ro#osed #ersons. The members of the selection body should have first)hand information as far as #ossible$ through authentic sources enabling checking of the antecedents of the #ersons #ro#osed by one member or by the other of the selection committee. Ade(uate re#resentation should be ensured to members of the weaker sections of the society$ *cheduled Castes$ *cheduled Tribes$ women and backward classes. ;anel members must re#resent the cross)section of the village community. It is desirable that the lay Judges #ossess some educational (ualifications. The safe middle course is to #rescribe a graduate degree as a (ualification failing which those who have obtained

Aigher *econdary *chool '%amination Certificate would be eligible. 'ducational (ualifications may be #rescribed as a desirable$ and not as minimum$ (ualification. In the matter of selection of #ersons from *cheduled Castes$ *cheduled Tribes$ backward communities and women$ educational (ualifications may be dis#ensed with if ade(uate number of #ersons with educational (ualifications are not available. ;ersons to be selected should #referably be within the age grou# of C0)21. Active #olitical #arty workers$ elite wealthy #ersons$ rich and big farmers$ high #ay bracket service #ersonnel and moneylenders must be e%cluded from consideration. *o also #ersons convicted of an offence involving moral tur#itude$ economic offenders$ undischarged insolvents and the like. The lay Judges should be #ersons of character and integrity. It is im#erative that the ;anchayat <a& Judges as also the members of the #anel are im#arted basic training in creating a new atmos#here in the forum where all formal technical a##roach must be eschewed. The ;anchayati <a& Judges should assist in im#arting information about the relevant #oint of law$ social &ustice a##roach$ non)formal dis#osal of causes and de#rofessionalised atmos#here. =embers of the #anel should be im#arted training in decision) making #rocess free from #re&udices of caste$ community$ colour$ se% or religion. They must be ac(uainted with the fundamental a##roach to &ustice$ namely$ that the weak and less fortunate should not be the victims of class e%#loitation. The training may e%tend to a #eriod of three months. A re)orientation course about the change in #attern of law$ sociology of law$ ob&ect and #ur#ose behind &ustice system would be of immense assistance to the members of the #ro#osed forum. The training could com#rise sub&ects like method of hearing cases$ attem#ted conciliation and resolution of dis#utes by com#romise and training in the decision)making #rocess. The lay Judges in #articular should be taught that they should conform to the #rinci#les of natural &ustice.

;anchayati <a& training centres have been started and they are located in different #arts of the country. It is only necessary to e%#and these training centres and to #rovide ade(uate facility for training of the lay Judges. The a##roach of the Gram Nyayalaya should be mediatory at the initial stages e%ce#t in regular criminal #roceedings where$ save the com#oundable offences$ trial has to be held. 4ffence being an in&ury to society there is hardly any (uestion of conciliation. 5othing should be done to im#air the relative e(uality among the three Judges com#osing the court. Therefore$ while #roviding that it would be the #rimary duty of the ;anchayati <a& Judges$ who would be #residing over the Gram Nyayalaya to give effective guidance to the two lay Judges on (uestions of law$ in the matter of decision$ the ma&ority view in the absence of an unanimous decision will be the decision of the court.

:URIS'ICTIONAL AS.ECTS
The local geogra#hical &urisdiction of a Gram Nyayalaya should be confined to the villages in a Taluka@Tehsil for which it is set u#. If the number of dis#utes coming before the Gram Nyayalaya set u# for a Taluka@ Tehsil is not sufficient to kee# it engaged full)time$ the *tate Dovernment with the a##roval of the Aigh Court may enlarge the &urisdiction of a Gram Nyayalaya to e%tend over more than one Tehsil. A #recise definition will have to be devised of a 9village9. The briefest definition that is considered a##ro#riate is B 9Eillage is a unit of administration for which no munici#ality is set u#.9 That would accurately define the area to be brought with the territorial &urisdiction of the #ro#osed Gram Nyayalaya. The Commission is of the view that &urisdiction must be referable to the sub&ect)matter of the dis#ute and not to its #ecuniary value. Thus there shall be no ceiling in the matter of #ecuniary &urisdiction of the Gram Nyayalaya. The Commission would favour conferment of civil &urisdiction of Gram Nyayalaya in res#ect of dis#utes covered by the sub&ect)matter herein delineatedB

I. C%&%l '%s(utes B 6is#utes arising out of im#lementation of agrarian reform and allied statutes F 1. Tenancies F #rotected and concealed and contested. /. Goundary dis#utes and encroachment. C. <ight to #urchase. ". Hse of common #asture. 1. 'ntries in revenue records. 2. <egulation and timing of taking water from irrigation channel. 3. 6is#utes as to assessment. II, .ro(erty '%s(utes B 1. Eillage and farm houses >#ossession?. /. *obas. C. 'asements B <ight of way for man$ cart and cattle to fields and courtyards. ". ,ater channels. 1. <ight to draw water from a well or tubewell. III, Fam%ly '%s(utes B 1. =arriage. /. 6ivorce. C. Custody of children. ". Inheritance and succession F share in #ro#erty. 1. =aintenance. IV, Other '%s(utes B 1. 5on)#ayment of wages and violation of =inimum ,ages Act.

/. =oney suits either arising from trade transaction or money lending. C. 6is#utes arising out of #artnershi# in cultivation of land. ". 6is#utes as to use of forest #roduce by local inhabitants. 1. Com#laints of harassment against local officials belonging to #olice$ revenue$ forest$ medical and trans#ort de#artments. 2. 6is#utes arising under the Gonded Labour *ystem >Abolition? Act$ 1 32 and the ;rotection of Civil <ights Act$ 1 11. The Gram Nyayalaya must have &urisdiction to try all offences which can be tried under the Code of Criminal ;rocedure$ 1 3C$ by the Judicial =agistrate First Class. Though undoubtedly$ the Family Courts Act$ 1 !" has been enacted and brought into o#eration$ since custody of children has a distinct local flavour$ the Gram Nyayalaya must have &urisdiction to deal with matrimonial dis#utes arising in rural areas. The Gram Nyayalaya would be a body for administration of &ustice$ and a legislation for the same would s(uarely fall under 'ntry 11)A of the Concurrent List.

.ROCE'URE
An office called the 9Gram Nyayalaya Iaryalaya9 must be set u# at the head(uarters of the Taluka or Tehsil. 4rdinary re(uirements of staff$ office$ books$ stationery$ etc. must be #rovided at the office. The ;residing Judge must be available at this office. It must be a self)sustaining unit$ and ade(uate funds must be #rovided for its effective functioning. It is recommended that neither the Code of Civil ;rocedure nor the 'vidence Act should a##ly to the #roceedings of the Gram Nyayalaya. A sim#le #rocedure has been recommended. A com#laint$ u#on being filed$ should be #laced before the ;residing Judge within /" hours. Interim #rohibitory orders may be #assed if the

dis#ute brooks no delay$ to be enforced within one week$ within which the 5yayalaya must visit the site and$ in the #resence of both #arties$ determine whether the interim order should continue or not. For the final hearing$ the Gram Nyayalaya shall ordinarily meet at the situs of the dis#ute. The rules of natural &ustice shall inform the #roceedings. The #roceedings shall be briefJ all documents #roduced must be acce#ted and$ if lawyers so think$ they may make submissions for a #eriod not e%ceeding a few minutes. If #ossible$ the decision must be rendered there and then. The decision of the 5yayalaya will be governed by &ustice$ e(uity and good conscience. At the end of the trial$ if the decision is not by consensus between the #arties$ the ;residing Judge shall draw a brief statement of the dis#ute$ the evidence led$ the decision and the reasons in su##ort of the decision. It shall be signed by all the three Judges. In the event of a difference of o#inion$ the decision of the ma&ority will be binding. 4n a (uestion of law$ the view e%#ressed by the ;residing Judge shall be binding on the lay Judges. If the Gram Nyayalaya finds that it has no &urisdiction$ it may make over the case to the 6istrict Court having &urisdiction for transfer of the case to the Court having &urisdiction. ,hen the ;residing Judge has ac(uainted himself with the nature and the #lace of the dis#ute$ he shall select from the #anel already furnished to him two #ersons residing as far as #ossible from the situs of the dis#ute. As a first ste#$ it is advisable to retain the #rocedure #rescribed in the Code of Criminal ;rocedure$ 1 3C for trial of offences before the Gram Nyayalaya. An attem#t$ however$ should be made to devise a still sim#ler #rocedure which may stand the test of Article /1 of the Constitution. The 'vidence Act as such stricto sensu would not a##ly. The #arties a##earing before the Gram Nyayalaya will be entitled to a##ear through lawyers of their desire both in civil and criminal #roceedings. Gut the Gram Nyayalaya shall not ad&ourn the case$ or change the venue$ to accommodate the lawyer. The #ro#osed 5ational Legal *ervices Act should assign two lawyers to be attached to each Gram Nyayalaya who would be inde#endent of #arty influence and who would assist as court officers in dis#osal of the dis#utes$ and also would be readily available to the #arties if they so desire.

The Gram Nyayalaya will have #ower to B >a? enforce the attendance of any #erson and e%amine him on oathJ >b? com#el the #roduction of documents and material ob&ectsJ >c? issue commissions for the e%amination of witnesses or if the witness is unable to a##ear before it on account of #hysical inca#acityJ and >d? do such other things as may be #rescribed. The #roceedings before the Gram Nyayalaya shall be conducted in the *tate language #ermitting the dialect of the locality to be used. <ecords shall be maintained in the *tate language and co#ies shall be furnished to those who desire the same. The decision shall be$ if not by consent of the #arties$ recorded in the language of the court. 5o court fee shall be levied in the #roceedings before the Gram Nyayalaya. 5o a##eal would lie against any decision of the Gram Nyayalaya e%ce#t the one in which at the end of a criminal trial a substantive sentence is im#osed. A revision #etition would lie to the 6istrict Court of the district in which the Gram Nyayalaya is functioning. 4nly errors of law can be corrected by this revisional forum. 'ven if it comes to the decision that another view is #ossible$ it would have no &urisdiction to interfere with the decision of the Gram Nyayalaya. A decision by #eers should not be interfered with by a court #resided over by a Judge considering the matter from a #urely technical legal a##roach. An a##eal would lie to the *essions Court against the decision by a Gram Nyayalaya in a criminal case in which a substantive sentence of im#risonment has been im#osed. The a##eal would be both on (uestions of fact and of law. The a##eal should be dealt with according to the #rovisions of the Code of Criminal ;rocedure a##licable to the a##eals entertained against the decision of a Judicial =agistrate$ First Class. Any other view is likely to infringe Article /1 of the Constitution.

The &urisdiction of the Gram Nyayalaya is e%clusive to the e%tent that in res#ect of matters covered by the &urisdiction conferred on the Gram Nyayalaya$ the &urisdiction of any other court is oustedJ such &urisdiction is not o#tional. A sim#le method for e%ecution of its orders must be #rovided for. The nature of the e%ecution would de#end u#on the relief granted by the decision of the Gram Nyayalaya. 6e#ending u#on the relief granted$ the fruits must be made available forthwith or soon thereafter. 5o #rayer for granting interim stay till the #arty aggrieved by the decision #refers a revision #etition should be entertained. All authorities F revenue$ #olice$ forest F o#erating at village and Tehsil level should be #ut under an obligation to assist the Gram Nyayalaya in discharging its functions and #erforming its duties. Failure on their #art shall be treated as misconduct$ and a Gram Nyayalaya should be em#owered to take effective action against such defaulting authority. For a uniform #attern of functioning of the Gram Nyayalayas$ a sim#le code may have to be drawn u# by the *tate Dovernment in consultation with the Aigh Court. A liaison officer with a legal background should be a##ointed and attached to each Gram Nyayalaya. It shall be his duty to move around the villages regularly and as soon as he comes across violation of individual or grou# rights$ on their behalf$ take recourse to the court. A statutory #rovision shall be made not #ermitting his locus standi to be (uestioned by the #arty against whom the action is commenced. 'very Gram Nyayalaya will be furnished with a co#y of a list drawn u# by the *tate Dovernment of non)governmental voluntary organisations o#erating in rural areas. The Gram Nyayalaya may enlist their hel# in reconciliation #roceedings before resorting to ad&udication. The list may also be useful in selecting the #anel of lay Judges. This will make the #artici#atory #rocess far more effective.

The treble ob&ects behind devising this new forum for resolution of dis#utes at grass)root level is to #rovide a #artici#atory system of &usticeJ e%#editious dis#osal of dis#utesJ and &ustice taken to the doorste# of the #eo#le./

SALIENT FEATURES

Gram Nyayalayas are aimed at #roviding ine%#ensive &ustice to #eo#le in rural areas at their doorste#sJ The Gram Nyayalayas shall be court of Judicial =agistrate of the first class and its #residing officer >5yayadhikari? shall be a##ointed by the *tate Dovernment in consultation with the Aigh CourtJ

The Gram Nyayalayas shall be established for every ;anchayat at intermediate level or a grou# of contiguous ;anchayats at intermediate level in a district or where there is no ;anchayat at intermediate level in any *tate$ for a grou# of contiguous ;anchayatsJ

The 5yayadhikaris who will #reside over these Gram Nyayalayas are strictly &udicial officers and will be drawing the same salary$ deriving the same #owers as First Class =agistrates working under Aigh CourtsJ

The Gram Nyayalaya shall be a 7=obile Court8 and shall e%ercise the #owers of both Criminal and Civil CourtsJ

The seat of the Gram Nyayalaya will be located at the head(uarters of the intermediate ;anchayat$ they will go to villages$ work there and dis#ose of the casesJ

The Gram Nyayalaya shall try criminal cases$ civil suits$ claims or dis#utes which are s#ecified in the First *chedule and the *econd *chedule to the ActJ

The Central Dovernment as well as the *tate Dovernments have been given #ower to amend the First *chedule and the *econd *chedule of the Act$ as #er their res#ective legislative com#etenceJ

The Gram Nyayalaya shall follow summary #rocedure in criminal trialJ

(1987) 2 SCC 25

The Gram Nyayalaya shall e%ercise the #owers of a Civil Court with certain modifications and shall follow the s#ecial #rocedure as #rovided in the ActJ

The Gram Nyayalaya shall try to settle the dis#utes as far as #ossible by bringing about conciliation between the #arties and for this #ur#ose$ it shall make use of the conciliators to be a##ointed for this #ur#oseJ

The &udgment and order #assed by the Gram Nyayalaya shall be deemed to be a decree and to avoid delay in its e%ecution$ the Gram Nyayalaya shall follow summary #rocedure for its e%ecutionJ

The Gram Nyayalaya shall not be bound by the rules of evidence #rovided in the Indian 'vidence Act$ 1!3/ but shall be guided by the #rinci#les of natural &ustice and sub&ect to any rule made by the Aigh CourtJ

A##eal in criminal cases shall lie to the Court of *ession$ which shall be heard and dis#osed of within a #eriod of si% months from the date of filing of such a##ealJ

A##eal in civil cases shall lie to the 6istrict Court$ which shall be heard and dis#osed of within a #eriod of si% months from the date of filing of the a##ealJ

A #erson accused of an offence may file an a##lication for #lea bargaining.

CURRENT SCENARIO
The Centre:s #lan to set u# 1000 :Gram Nyayalayas: across the country to bring &ustice delivery system to the common man:s doorste#s has not found favour with the state governments. =ore than a year after the Gram Nyayalaya Act was notified$ only four states have established such rural courts$ while five have re&ected the idea citing various reasons. According to figures com#iled by the Law =inistry$ since the Act was notified on 4ctober /$ /00 to coincide with Dandhi Jayanti$ four states together have established 2 rural courts while five others$ including 6elhi and Andhra ;radesh$ have informed the Centre about their unwillingness to set u# such courts.

96ue to urbanisation$ there is no need to set u# Gram Nyayalayas$9 6elhi government said in its res#onse to the Law =inistry. *imilarly$ the Andhra ;radesh government informed the =inistry that 9there is no need to set u# Gram Nyayalayas as the e%isting system is found very effective9. The other states which have refused to set u# rural courts are Tamil 5adu$ Httarakhand and Hnion Territory of Chandigarh. =adhya ;radesh has set u# "1 Gram Nyayalayas$ =aharashtra nine$ 4rissa one and <a&asthan "2. 4ut of the total 2 rural courts established by these states$ only "! are o#erational.

Law =inister = Eeera##a =oily had recently inaugurated <a&asthan:s first rural court in the subordinate court #remises in Gassi near ca#ital Jai#ur. A total of <s 1C."3 crore has been released to the four states so far. A few months ago$ ;rime =inister =anmohan *ingh and H;A chair#erson *onia Dandhi had strongly #itched for setting u# of these courts to #rovide affordable &ustice to the vast ma&ority living in villages. 4nly 11 of the /! states have so far res#onded to the letters sent by the Law =inistry$ seeking #ro#osals for setting u# the Gram Nyayalayas to bring down three crore #ending cases in lower courts. Jharkhand has formed a high)level committee headed by the chief secretary of the state 9to look into the matter.9 Httar ;radesh and ,est Gengal have agreed to set u# these courts sub&ect to cent #er cent financial assistance from the Centre. ;arliament had #assed the Gram Nyayalayas Act in 6ecember /00!. The law #rovides for setting u# of mobile courts at #anchayat level$ which would be #resided over by a &udicial magistrate >nyayadhikari?$ with #owers to decide criminal and civil matters within si% months.

Gy 6ecember a total of 12! Gram Nyayalayas have been have been notified by 3 states na$ely =.;.$ <a&asthan$ 4rissa$ =aharashtra$ Doa$ Iarnataka and Jharkhand of which 111 have become o#erational.

CONCLUSION
The government should a##reciate that the aim of ad&udication is not merely #eace$ or the ma%imisation of the ends of #rivate #arties. It is to give force to constitutional values and ensure that such values infuse the content of the true aim of ad&udication - &ustice. A statute that is created only for #eo#le residing in rural areas$ with limited #rocedural guarantees$ to ad&udicate allegedly small claims - including those that im#licate a litany of social welfare legislation concerning - =inimum ,ages$ Civil <ights$ Abolishing Gonded Labour$ '(ual ;ay and ;rotection from 6omestic Eiolence com#romises the #romises of our Constitution. It makes a mockery of that which is most sacred to all law - that #ower resources and the (uantum of #rivate gain will not determine the aims or means of the #rocess that is ad&udication. The Gram Nyayalayas Act violates this essential foundation of ad&udication. The Gram Nyayalaya is a su##lement to #resent &udiciary. As mentioned in the introduction of the #ro&ect it would hel# to reduce backlog of cases. =oreover it would not be interfering in the ;anchayat system.

There was sus#icion that these courts are being set)u# with ulterior motives of Kmanaging litigation+ and with the #ur#ose of reducing the #endency of cases. A recurring (uestion was whether s#eedy dis#osal meant s#eedy &ustice for the #oorer litigant. A court that is closer to the rural litigant and a s#eedy dis#osal are definitely laudable ob&ective of the legal system. Aowever$ an em#hasis on s#eedy dis#osal alone raises doubts if these are moves are being made to manage the arrears of the cases or to enable better access to the litigant)#eo#le. *urely long #endency is not the only issue which affects a litigant+s e%#ectations in the courts. 4ne was also unclear about what to draw from the e%#eriences of the other s#ecial courts such as Fast Track courts or the Lok Adalats. Clearly$ family courts$ des#ite its em#hasis on conciliation and

rela%ed #rocedures$ ended u# functioning like regular civil courts. Considering the disa##ointing #ractices of s#ecial courts and their functioning$ the (uestion remains$ whether the Dram 5yayalaya be able to establish a new forum for litigation.

3I3LIOGRA.9Y
3oo-s Re#erre)* 1. 5arayana ;.*.$ Law Relating to Gram Nyayalayas $ >AllahabadB Law ;ublishing Aouse? /00 . /. =allk Irishn#al 6r.$ Gram Nyayalaya Act, 2008$ Art%"les Re#erre)* 1. 75ational Consultation on Judicial Accountability and the Dram 5yayalayas Act$/00!8. /. Easudha 5agara&+s$ KThe Dram 5yayalayaJ The 5ew Face of The Judiciary+ C. A recent news#a#er article dated January "th /011$ 7Idea of Dram 5yayalaya not hit with the states8. ". A news#a#er article 7*tate to Constitute //1 Dram 5yayalayas8.

1. K+Dram 5yayalayas B a cause for o#timismL8. 2. An article by ;rof. Hsha Eaidyanathan$ 7*alient features of the 11" th Law Commission <e#ort on Gram Nyayalaya. We s%tes Re#erre)*
1. htt#B@@www.#rsindia.org@u#loads@media@11!0"1"010@bill113M/0030 02113MLegislativeM

GriefMMMMDramM5yayalayasM/003.#df
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asMGillMM/00!.#df Le;al 'ata ases Re#erre)* 1. The LawM*u# /. Lawsuit C. *u#reme Court Cases