Critical analysis on Nyaya Panchayats in India

 What is Nyaya Panchayat?

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.

Functions of Nyaya Panchayats

Its functions of are as follows:

• 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.  Courts don’t have the authority to investigate.
• The main function of Nyaya Panchayats is to resolve cases as quickly as possible.
• Nyaya Panchayats provide justice at doorsteps and save money and time.
• 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.

Evolution of Nyaya Panchayats

The Nyaya panchayats evolve with multiple transitions:

• Since independence, almost all the states have created Village Panchayats under the guidelines of Directive Principles of State Policy and as a result, some states have created statutory Nyaya Panchayats. 

Salient Features of the Gram Nyayalayas Act

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

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. 

2. Composition

Nyaya Panchayat also called Panchayati Adalat is set up for every three or four Gram Panchayats. The jurisdiction of nyaya panchyat is determined by Collector, who is assisted by Tehsildars, Naib Tehsildars, and Vikas Adhikari in carrying out this responsibility. Members of each Nyaya Panchayat are selected through both nomination and election processes. Eligibility criteria for membership include, should be a registered voter within that Panchayat, able to read and write, should be under 30 years of age and not being disqualified by law, and does not hold any office like Sarpanch, Parishad, Samiti, State Legislature, or Parliament.

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.

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 trials 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

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  may lack formal legal training, that can affect the decision-making process
• Lack 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.
• 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.

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