Access to Justice for the Mass People: A Case Study of Sylhet (Bangladesh) (original) (raw)

Access to justice: assumptions and reality checks in Bangladesh

International Journal of Public Law and Policy, 2014

Access to justice is the keystone of good governance. This article examines the current political environment of the important so-called democracy in South Asia: Bangladesh. There were the hopes of the people in Bangladesh that new democracy in 1991 would bring significant changes in access to justice in the country, but the new democracy has not brought any changes to the lives of the people. In the findings, in general, the research found that access to justice in Bangladesh; it is the controversial political environment which is challenging for promoting access to justice.

Three Waves of Access to Justice in Bangladesh: A Call for A System Approach to Success

2015

181. 3 See Deborah, above note 1. 4 As prudently observed by Rhode above note 1, p. 1787, '[p]rocedural hurdles and burden of proof may prevent the have-nots from translating formal rights into legal judgment'. 5 Richard A. Macdonald, 'Access to Justice and Law Reform' (1990)10 Windsor Year book of Access to Justice, 298-300. 6 Ibid. 300. 7 AshutoahSarkar, 'Case backlog piling up', The Daily Star (Online), 28 March 2015 http://www.thedailystar.net/frontpage/case-backlog-spirals-73002 accessed 15 June 2016; see also, NusratAmeen, 'Dispensing justice to the poor: The village court, arbitration council visa -vis NGO'(2005) 16(2) The Dhaka University Studies Part F103; Begum A Siddiqua,The family courts of Bangladesh: An appraisal of RajshahiSadar family court and the gender issues(

Promoting Access to Justice in Bangladesh: Towards a Hybrid Justice Model

International Journal of Law, Crime and Justice, 2024

This study explores the pressing issue of access to justice in Bangladesh, focusing on the challenges individuals encounter within the formal criminal justice system. Factors such as socioeconomic disparities, corruption, discrimination, and judicial backlogs are identified as major barriers to ensuring equal access to justice in the country. The study advocates for a nuanced understanding of justice dynamics, emphasizing the tensions and complementarities between formal and informal justice systems. This research employs a comprehensive analysis of secondary data, public perceptions, and qualitative insights to shed light on the feasibility and potential benefits of integrating informal justice approaches, such as shalish and village courts, to address the identified barriers. The findings reveal a substantial preference for local community-based conflict resolution methods, particularly for less severe offenses. To address a diverse range of crimes and disputes, the study proposes a hybrid justice model that integrates both formal and informal mechanisms, highlighting a context-specific and community-centric alternative. By involving communities, offering flexibility, and implementing localized solutions, informal justice could effectively alleviate case backlogs, ensure timely resolutions, and foster social cohesion. The study contributes valuable insights to the discourse on criminal justice reform, emphasizing inclusivity, efficiency, and fairness in reshaping the future of justice delivery in Bangladesh.

Union Parishad in Bangladesh- A One Stop for Access to Local Justice Services

Local Government Quarterly: Jan - Mar 2019, 2019

Abstract Strengthening access to local justice for the citizens is critically important in establishing good governance. Local government institution may play an undeniable role in establishing good governance and facilitating local justice services. Union Parishad (UP) is the lowest tier of local government institutions in Bangladesh that is entrusted to run Village Courts, Arbitration Council, forming and running Union Legal Aid Committee etc. locally for its constituency. Traditional shalish run by the elderly or NGOs within the same geographical areas also plays a pivotal role in rural citizen’s life in obtaining legal remedies. Given these circumstances, the objective of this paper is to explore the local justice delivery frameworks currently existing in Bangladesh at the UP level – be it actively functional or inactively lying in paper, analyze the strengths and weaknesses of these systems and explore potentials of making the inactive mechanisms active.

Legal Aid and Access to Justice in Bangladesh: A Study with Special Reference to Rajshahi

This study examines the legal aid system of Bangladesh. It indicates that the Bangladeshi legal aid system is lacking in terms of both legal provisions and the actual performance of the Legal Aid Services Act. Nowadays, a legal aid can be justifiably said as a crying need to ensure social and legal justice in Bangladesh because most of the citizens are illiterate and they live below the poverty line which incidentally makes matters worse. With special reference to Rajshahi, the study evaluates the present conditions of the legal aid system, identifies the inadequacies in the implementation of the system and thus makes recommendations to ensure effective access to justice for those who are in need of the service.

Access to Justice for Indigenous People: a case study of Bangladesh

The overall justice system in Bangladesh has long been seen to provide a deteriorating service to the population, in particular to indigenous peoples. Most approaches adopted to date to enhance access to justice have been inadequate in their outreach and largely insensitive to cultural distinctiveness of indigenous peoples and their situation of social disadvantage. This case study aims to identify the main problems regarding access to the formal and traditional justice systems for indigenous peoples as a particular disadvantaged group. An emphasis is on the rights and access to land and forests; life, liberty and personal security; gender justice; and to participation and representation