ACCESS TO JUSTICE THROUGH VILLAGE COURT FOR RURAL POOR: THE CASE OF BANGLADESH (original) (raw)
Related papers
Strengthening State-led Rural Justice in Bangladesh: Views from the Bottom
CCB Foundation Dhaka, 2009
Economically poor and marginalised rural people of Bangladesh do need a justice system which is easily accessible, less expensive, efficient, fair, impartial, unbiased, capable to provide remedies timely, and consistent with their values. The objectives of introducing State-led Rural Justice Systems, namely the Village Court System and the Arbitration Council System, were to fulfil this need of the rural people. In other words, the objectives were to provide them with better alternatives to the village shalish system that often becomes a space for the powerful village elite to exercise their various types of power. Previous studies show that the state-led justice systems have failed to achieve the objectives miserably. The reasons why the state-led rural justice systems have failed to provide access to justice to the rural justice seekers or why these justice systems are yet to become better alternatives to the shalish, have become obvious in this book. This book suggests an immediate state intervention in the field of rural justice. Despite some plaguing incapacities, the state-led rural justice systems have adequate strengths. A thoughtful and careful intervention to fight the weaknesses and challenges exposed in this book can strengthen the state-led rural justice systems to a greater extent.
International Journal of Legal Information, 2016
Access to justice is one of the significant prerequisites for sustainable human development and it has been made available in the form of both the formal and informal systems stretching from the very top of the judiciary to the local justice system in Bangladesh. The formal justice system, even though it plays the most pivotal role, has been facing huge pressure from case backlogs, which ultimately hampers the true spirit of justice. On the other hand, most people's perception towards informal justice system is also fairly poor with lack of trust due to partisan political interference, corruption, religious dogmas, and social elitism, which have made this system almost ineffective. Consequently, state-sponsored local justice system has come forward with a view to combining the both streams in a single channel in the form of restorative justice and a quorum of quasi-formal justice system aimed at ensuring and dispensing justice to the people in rural areas in an affordable and convenient manner. In line with this view, village courts have been established to redress petty civil and criminal issues. This article attempts to examine the feasibility of the present legal framework of village courts to deliver justice efficiently at the grassroots level.
IJEFAL, 2021
This exploratory study has been conducted on the "Gobindapur" and "Maria" Village courts in Kishoreganj District. The Village Court is run by the Village Court Act, 2006.The main objective of this study is to find out the major defects and weaknesses of the existing Village Court System in the selected area which are the barriers for more effective Village Court. This study focuses on some recommendations for more effective Village Court. The present study has found that though Village Court has some major weaknesses, it is playing an important role to reduce the backlogs of cases in both civil and criminal justice system. The information and data for this study are collected from both primary and secondary sources.
Access to Justice for the Mass People: A Case Study of Sylhet (Bangladesh)
2008
Funded by the Sylhet Foundation and facilitated by the Department of Law and Justice, Metropolitan University, Sylhet (Bangladesh), the research was conducted during January 2008-May 2008. With active participation of all faculties in conducting the field works, I was given the responsibility to write the final project report, present and analyse the research findings. The project involved a rigorous study into the problems facing the justice seeking people in Bangladesh with particular reference to Sylhet District Judiciary.
Legal AID and Access to Justice for Needy : Bangladesh Perspective
The constitution of Bangladesh has not inserted directly the term of ‘free legal aid’ but through the plain interpretation of ‘equality before law’ and ‘equal protection of law’ we find free legal aid is also a constitutional right. All over the world legal aid has been identified as an efficient instrument for erasing the socio-economic disparities from the society. Bangladesh is the place where poor people are critically disadvantage people from every sort of rights. In the total territory of 56 thousand square miles, the High Court division of Apex Court, situated in the capital city Dhaka, is the only place where people can seek remedy when their fundamental right is violated. Poor people lives in a far away distance from the Apex Court. The noise of cry and long breath of poor people unable to knock the door of Judicial temple. Key-Words : Law, Democratic Society, Fundamental Rights, Freedom Fighter, Justice for Poor.
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(
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.
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.
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.
The Role of Village Court for Local Dispute Resolution: A Study on Mullapur and Tukerbazar Union
International Journal of Scientific & Engineering Research, 2019
Village Court is a statutory formal court under the provision of Village Court Act 2006. It is quasi-formal justice system and constituted for the easy and speedy trial of certain cases and disputes, under each union of the country. Village Courts has emerged in mid-seventies with a view to dispensing the justice in the rural area and improving the situation of Salish. To strengthen the village court, the Government of Bangladesh with the help of UNDP and EU has taken 'Activating Village Courts Project'. This study examines the role of Village Court for local dispute resolution and reveals that the activities of the existing village court has a variety of challenges such as the lack of fund allocation for village court, the shortage of personnel. It was an explorative research and conducted in two unions of Sylhet district. The sample was selected purposively and collected information with a semistructured questionnaire. The study concludes with some recommendations and initiatives that are effective to build the village court as the best local dispute resolution mechanism and village court can play a vital role to ensure justice service in the rural Bangladesh.