Access to justice is not merely a constitutional promise; it is the bedrock on which democratic governance rests. The concept of Gram Nyayalayas was conceived precisely in this spirit—to take justice to the doorstep of the common citizen, especially the poor, the marginalised and those living in rural and remote areas. Yet, more than five years after their notification and nearly six years after the abrogation of Article 370, Gram Nyayalayas in Jammu and Kashmir remain confined to paper, revealing a troubling gap between intent and implementation.
India’s judicial system follows a multi-tier structure designed to make justice accessible at different levels. Gram Nyayalayas, introduced under the Gram Nyayalayas Act, 2008, were envisioned as the lowest rung—local courts to resolve minor civil and criminal disputes swiftly, inexpensively and within the community. Their purpose was unambiguous: to reduce the burden on higher courts, discourage unnecessary litigation, and ensure that justice is not denied due to distance, cost or procedural complexity.
For vast sections of rural society, approaching district courts is not just legally intimidating but economically devastating. Travel expenses, legal fees, loss of daily wages and prolonged litigation often force people to abandon legitimate grievances. Gram Nyayalayas were meant to correct this imbalance through simplified procedures, flexible sittings and community-based adjudication, thereby strengthening faith in the rule of law and fostering social harmony.
The delay in operationalising Gram Nyayalayas in J&K is particularly glaring given the region’s unique socio-economic realities. A largely rural population, difficult terrain, scattered habitations and limited financial capacity make access to conventional courts exceptionally challenging. Ironically, these very conditions make Gram Nyayalayas most relevant. Yet, despite repeated reminders from Parliament, strong observations by the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, and assurances from the Union Law Ministry, not a single Gram Nyayalaya has become functional in the Union Territory.
It is true that Jammu and Kashmir was outside the purview of the Act until 2019 due to Article 370. But that explanation has long lost relevance. A notification issued in June 2020 declared earlier-identified Dehi Adalat headquarters as Gram Nyayalaya headquarters. Beyond that, progress has stalled. Infrastructure remains undeveloped, manpower has not been sanctioned, and appointments of Nyayadhikaris, prosecutors and support staff are yet to be made. Administrative explanations citing staff shortages cannot justify perpetual inertia. If resources are constrained, a phased rollout—starting with select districts—was always an available option. What is conspicuously missing is administrative resolve.
The benefits of Gram Nyayalayas extend beyond speedy justice. Their establishment would generate employment for educated youth—as judicial officers, clerical staff, prosecutors and support personnel—at a time when unemployment remains a serious concern in J&K. Additionally, easing the burden on district courts would improve overall judicial efficiency.
The responsibility now lies squarely with the local administration. A clear policy decision, backed by budgetary allocation, is the essential first step. Infrastructure must be planned, recruitment initiated and timelines fixed. If the Union Territory faces genuine fiscal or administrative constraints, the Centre must provide financial and technical assistance. The Parliamentary Standing Committee has already clarified that funding is linked to operationalisation—the ball is firmly in the UT’s court.
Keeping Gram Nyayalayas in prolonged hibernation serves no one—not the aggrieved citizen, not the unemployed youth, not the judiciary burdened with pendency, and not the government itself. For rural communities, access to local justice is not a luxury but a necessity. Justice delayed at the grassroots ultimately weakens the entire justice delivery system.
