JUSTICE AT YOUR DOORSTEP

 

 

The union government has eventually agreed to set up Gram Nyayalays to ensure justice to the villagers at their doorsteps. The first Prime Minister, Jawaharlal Nehru, had desired that justice be dispensed to the last man in the last village. The matter was broached three times in the past, once in 1954, then in the 1970s, and then in 1986. Nehru’s vision saw light of the day, two years ago, when the Sonia Gandhi-led National Advisory Council forwarded a draft bill to the union cabinet. On 13 April, the union cabinet approved of the bill, which is likely to be introduced during the second leg of the Budget session later this month.



ROOTS OF JUSTICE

Fast track village courts to be set up soon

First class judge to head

But can these courts withstand pressure

How will it be implemented?



According to the bill, village courts will be established for a Panchayat or a group of Panchayats through the country. The proposed courts will be headed by a Nyayadhikari, who shall have the same qualifications as a first class judge. However, there are some questions that need to be addressed immediately. The erstwhile Chief Justice of India, Mr. Justice V.N. Khare, told TSI, “Though the provisions are not clear, yet at the village level, the problems are different. Rivalries are very common and will create problems for the local courts.”

Since the Nyayadhikari will be a nominated person, political intervention is feared. Avadhesh Kaushal, Chairman of the Rural Litigation and Entitlement Kendra, told TSI: “I have doubts that a formal system will be able to ensure local participation that is of essence for justice at the village level.”

Though this system will reduce the burden of the judiciary by 40%, it still raises doubts about the concept of “Justice at the doorstep”. In a nation where infrastructure has virtually collapsed, it shall be interesting to see the extent to which it is implemented.