Centre moots village courts

By S A Ishaqui

Hyderabad, Jan. 5: The government of India proposes to establish grama nyayalayas (village courts) to bring justice to the doorstep of the common man. These courts will provide access to justice — in civil and criminal cases — to citizens at the grassroots level.

The Centre has prepared a draft bill for the establishment of the village courts across the country except in Jammu and Kashmir, Nagaland, Arunachal Pradesh and Sikkim. After the enactment of the bill, the state governments will constitute one or more grama nyayalayas for every panchayat or group of contiguous panchayats in a district.

The states may also establish additional grama nyayalayas for any panchayat in consultation with the state high court if it feels that there is a need for more courts in the panchayat limits.

Law department officials said that a grama nyayalaya will be the lowest court of the subordinate judiciary in the state. The village courts will be located at the headquarters of the panchayat and be presided over by a nyayadhikari (judicial officer).

The nyayadhikari, who should possess a degree in law and not be more than 45, will be appointed by the governor in consultation with the High Court. The state will have to extend all facilities to the grama nyayalaya including vehicles for holding mobile court and additional security for the judicial officer. It will also appoint one or more advocates for criminal cases in each village court.

The village courts will not take cognisance of any offence which is punishable by imprisonment of more than one year or if the accused has been previously convicted and sentenced to one year or more in jail.

But the village courts will deal with civil cases including property disputes, right to property purchase and use of common pasture and water from irrigation channels. They will also handle claims under the Minimum Wages Act, Payment of Wages Act, 1936 and money suits either arising from trade transaction or money lending.

These courts are to pronounce judgements within one week of the last date of hearing of a case and provide a copy of the judgement to both parties free of cost.