Previous Year Question
With reference to the Gram Nyayalayas Act, which of the following statements is/are correct?
As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
The Act allows local social activists as mediators/reconciliators.
Select the correct answer using the code given below:
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. Under the Gram Nyayalayas Act, 2008, Gram Nyayalayas possess jurisdiction over both civil and criminal matters.
The First Schedule to the Act specifies criminal offences, while the Second Schedule contains other offences that may be tried by Gram Nyayalayas. The Second Schedule also specifies the nature of disputes falling within their civil jurisdiction. The Union and State Governments may modify the Schedules by notification within the limits prescribed by the Act.
A Gram Nyayalaya may follow summary-trial procedure in criminal cases. An appeal against its criminal judgment lies before the Court of Session, whereas an appeal against its civil judgment lies before the District Court. An appeal is ordinarily required to be filed within 30 days.
Statement 2 is correct. The Act emphasises the settlement of civil disputes through conciliation wherever possible. In every civil dispute, the Gram Nyayalaya should first attempt to assist the parties in reaching a settlement where the nature of the case permits it.
The District Court, in consultation with the District Magistrate, prepares a panel of social workers at the village level who possess integrity. Persons possessing the qualifications and experience prescribed by the High Court may be appointed as conciliators. Local social workers may therefore participate in the conciliation process.
A Gram Nyayalaya is presided over by a Nyayadhikari. The State Government appoints the Nyayadhikari in consultation with the High Court. The appointee must possess the qualifications required for appointment as a Judicial Magistrate of the First Class.
Gram Nyayalayas seek to provide inexpensive and accessible justice to rural citizens near their place of residence. The Nyayadhikari may also conduct mobile courts in villages.