Consumer Court

Special purpose court that deals with consumer disputes and grievances
These are quasi judicial bodies
Function

To maintain fair practice by sellers to consumers
to provide some extra privilege to the consumers and to maintain fair practice by the seller or the service provider towards the consumer

Features

Easy to register a complaint
Need not employ an advocate; self-defend
Required to pay nominal fee [Lok Adalats- no fee]
The court will only give a verdict in favour of the consumers/customers if they have proof of exploitation, i.e., bills or other documents. If no proof, difficult for consumer to win.

Consumer Courts (Consumer Dispute Redressal Commissions) at National, State and District level will be setup as per Consumer Protection Act 2019

Fast Track Courts FTC

11th Finance Commission recommended Fast Track Courts for disposal of long pending Sessions and other cases
FTCs were to be established by the state governments in consultation with the respective High Courts
The judges for these FTCs were appointed on an adhoc basis and are selected by High court judges
FTCs were initially established for a period of five years (2000-2005) and later extended until 2010-2011.
GOI stopped funding the states for continuation of FTCs.
As of now, it is up to the states to continue with FTCs while centre stopped the scheme

Special Courts

Setup/designated for quick and efficient disposal of cases relating to a specific field of legislation

Setup=> New infrastructure for setting up new court

Designated => Additional responsibilities to existing court

Ex: Special courts are established for adjudicating offences under Prevention of Corruption Act , Family Courts under Family Courts Act 1984,
Special courts take lesser time as they are involved with particular type of cases unlike normal courts who have to deal cases randomly of all types
They do not fall under Alternative Dispute Redressal mechanism like Quasi-Judicial bodies or Tribunals
Challenges

Bureaucratic bottleneck in constituting special courts
Lack of oversight and data
Inadequate personnel and facilities
Uneven distribution
no uniform law to authoritatively govern over the functioning of special court

Special courts are an innovative tool to increase Judicial reach across sectors and locations, but there is need of a defined mechanism to make them truly effective.

Human Rights Courts

Established under Protection of Human Rights Act 1993 in every district
Objective: Speedy trail of Human right violations
Setup by State Govt in consultation with Chief Justice of HC [Setup by State Govt and not central Govt)
For each Human right court, state govt appoints a public prosecutor, special public prosecutor

Family Courts

Family Courts are established under Family Courts Act 1984 with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs

Reasons

For resolving family disputes, emphasis on conciliation and achieving socially desirable results but not on adherence to rigid rules and procedure that regular procedure demands
Law commission recommended to adopt an approach different from that of ordinary civil proceedings in case of family disputes

Objectives

Expertise and Expedite

Family courts are specialized courts that exclusively deal with family matters and hence may have necessary expertise to deal them
To expedite

Mechanism of conciliation of family disputes
Inexpensive
Flexible and informal proceedings

Features

State Govts in consultation with HC provides for establishment of Family Courts [Setup by State Govt and not central Govt)
Act made it obligatory to constitute Family Courts in the city/town with a population exceeding10 lakhs
Also, the act enables State Govts to setup family courts in other areas
Proceedings

In the first instance, obligatory to provide for reconciliation/settlement. In this stage, proceedings are informal and flexible
Provides for association of social welfare agencies, counsellors etc in this stage. Services of medical and welfare experts may also be used
Parties are not entitled as a right to be represented by legal practitioner. However, if court may seek in interest of justice

Provides only one right of appeal which shall lie to High Court

Gram Nyayalayas

Under Gram Nyayalayas Act 2008, Gram Nyayalayas constituted at the grass roots level to provide access to justice to the citizens at their doorsteps and thereby ensuring justice is not denied to any citizen due to social, economic and other disabilities

Reasons

DPSP
Setting up of Gram Nyayalayas in rural areas would bring to the people the speedy, affordable, substantial justice
Law Commission recommended setting up of Gram Nyayalayas

Features

They are statutory
Gram Nyayalaya shall be court of Judicial Magistrate of first class

Presiding Officer - Nyayadhikari appointed by State Govt in consultation with HC
Nyayadhikaris are strictly judicial officers and have same powers as First Class Magistrates working under HC
Representation shall be given to the members of the SC, ST, women and others

Established for every panchayat at intermediate level or group of contiguous panchayat at intermediate level in a district
These are mobile courts and the seat is located at the headquarters of the intermediate panchayat. They will go to villages and work there and dispose the cases
Powers: Powers of both Criminal and Civil Courts

Gram Nyayalayas shall try criminal cases, civil suits, claims or disputes which are specified in the first schedule and second schedule of the Gram Nyayalaya Act
Civil: Exercise the powers of civil court with certain modifications and shall follow special procedure as provided in the act

Criminal: Shall follow summary procedure in criminal trail

Both Central Govt and State Govt empowered to amend first and second schedule of the act
It shall make use of conciliators to be appointed for trying to settle disputes as far as possible by conciliation
Award:

Order and Judgement shall be deemed to be a decree
To avoid delay in execution, they shall follow summary procedure

Appeal

Criminal cases: Appeal lie to Sessions court which shall be heard and disposed of within 6 months from appeal filing date
Civil cases: Appeal lie to District court which shall be heard and disposed of within period of 6 months from appeal filing date

Shall be guided by principles of natural justice and subject to any rule made by HC.
Gram Nyayalayas shall not be bounded by the rules of evidence provided in the Indian Evidence Act 1872

Nyaya Panchayats

Still a concept. It is proposed in Draft Nyaya Panchayat Bill, 2009
Objectives

Decentralized dispute resolution

Provisions

There shall be constituted a Nyaya Panchayat for every Village Panchayat area or a group of Village Panchayat areas
Every Nyaya Panchayat shall consist of five Panchas who shall be elected by the voters enrolled in the voter’s list of that Village Panchayat or group of Village Pancha ats, in the manner to be prescribed by the State Government:
Every Panch shall hold the office of Nyaya Panchayat Pramukh for a period of one year, by rotation, on the basis of seniority by age

There shall be a Nyaya Sahayak in every Nyaya Panchayat to assist the Nyaya Panchayat in discharge of its duties
There shall be a Chowkidar attached to every Nyaya Panchayat who reports to Pramukh for any offence committed, violation of peace and order
Both civil and criminal jurisdiction

It is recommended by LM Sanghvi Committee 1986

Others