News By/Courtesy: Ojaswi Gupta | 03 Sep 2019 20:01pm IST

HIGHLIGHTS

  • PIL seeking proper implementation of the Gram Nyayalayas Act, 2008.
  • The 114th Report of Law Commission of India in 1989 express the need of this legislation in order to ensure access of justice
  • The Non-execution of the Act is declining the object of securing justice for all, irrespective of their social, economic or other disabilities.

A division bench of Justice Ramana and Ajay Rastogi admitted public interest litigation submitted by Advocate Prashant Bhushan on behalf of National Federation of Societies for Fast Justice. The Advocate in this PIL seeks proper implementation of the Gram Nyayalayas Act, 2008.

The plea is based on the following grounds:

  1. That according to the study conducted by the National Productivity Council, only 11 states had taken steps to notify Gram Nyayalayas.
  2. That Merely 320 Gram Nyayalayas has been notified by these 11 states between 2009 and 2018 in which only 204 are operational.
  3. That the Non-execution of the Act is declining the object of securing justice for all, irrespective of their social, economic or other disabilities.
  4. That The Fundamental Rights of rural Citizen under Article 14 and Article 21 of the Constitution of India, “Access to Justice” and as recognized by Supreme Court in Anita Kushwaha v. Pushap Sadan, (2016) 8 SCC 509, was in violation.
  5. That the Gram Nyayalaya Act imposes a statutory duty on the State to provide 'access to justice' while Apex Court in Mansukhlal Vithaldas Chauhan v. the State of Gujarat, (1997) 7 SCC 622 observed that the mandamus can be issued "compel performance of public duties which may be administrative, ministerial or statutory in nature".

The petitioner has also sought directions to the Central government to provide adequate financial support for these establishments.

The Hon’ble Supreme Court on 02.09.19 issued a notice to the Centre and States in public interest litigation seeking proper implementation of Gram Nyayalayas Act,2008.

Section Editor: Prithvjjit Mukherjee | 12 Sep 2019 11:30am IST


Tags : #SC #HIGHCOURTS #voilationofconstitution #constitutionofindia #righttoequalapportunity #GRAMNYAYYALAYA

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