Future Prospect

What is Nyaya Panchayat?

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Functions of Nyaya Panchayats

A Nyaya Panchayat is a dispute resolution system at the grassroots level in India. The word “Panchayat” means a group of people in a village who enjoy respect from their community and have the authority to issue orders to the community. And the word “Nyaya” means justice. Even in the earlier period of Indian culture, village communities created their panchayats. Nyaya Panchayats have jurisdiction over a range of civil disputes, including property disputes, family matters, land-related issues, and minor criminal offenses. They can only fine up to ₹100 and cannot send anyone to jail. The decisions are often influenced by cultural norms and community consensus. Participation in Nyaya Panchayat proceedings is generally voluntary, and both parties in a dispute must agree to bring their case before the Panchayat....

Composition of Nyaya Panchayat

Its functions of are as follows:...

Evolution of Nyaya Panchayats

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:...

Salient Features of the Gram Nyayalayas Act

The Nyaya panchayats evolve with multiple transitions:...

Present Status of Nyaya Panchayats

The sailent Features of the Gram Nyayalayas Act are as follows:...

Need for Grama Nyayalayas

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....

Functions of Nyaya Panchayats

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....

Comparative Analysis

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....

Challenges Faced by Nyaya Panchayat

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:...

Future Prospect

The various challenges faced by Nyaya Panchayat are as follows:...

FAQs on Nyaya Panchayat

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:...