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Administration of State Sponsored Local Justice System: An Appraisal on the Legal Framework of Village Courts in Bangladesh

Published online by Cambridge University Press:  25 November 2016

Md. Al-Ifran Mollah
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Abstract

Access to justice is one of the significant pre-requisites 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.

Keywords

BangladeshLocal Justice SystemVillage CourtsLegal Framework
Type
Articles
Information
International Journal of Legal Information , Volume 44 , Issue 3 , November 2016 , pp. 235 - 240
Copyright
Copyright © The Author(s) 2016 

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References

1 S. Varadachariar, ‘The Hindu judicial system,’ Radha Kumud Mookerjee endowment lecture series, 1945, Lucknow University, 1946, p. 88.

2 In the Sultanate regime, each district was divided into several sub-districts or Parganah. A Parganah was usually divided into a group of villages. For each group of village, village assembly or Panchayat was established so as to dispense justice in a convenient manner. Etymologically it refers to a group of five influential older men acknowledged by the community as its governing body.

3 Kulshrestha, V.D., ‘Landmarks in Indian Legal and Constitutional History,’ Eastern Book Company, 7th edition, at p.20.

4 The term ‘access to justice’ has been defined by UNDP as the “Abilityof people from disadvantaged groups to prevent and overcome human poverty byseeking and obtaining a remedy, through the justice system, for grievances in accordancewith human rights principles and standards.” (Sudarshan, Ramaswamy, Rule of Lawand Access to Justice: Perspectives from UNDP Experience)

5 Parker, Christina (1999) Just Lawyers: Regulation and Access to Justice, Oxford University Press, p. 30 Google Scholar.

6 Article 11, Constitution of the Peoples Republic of Bangladesh.

7 Annual Results Reporting 2014, Judicial Strengthening Project (JUST), UNDP Bangladesh, Democratic Governance Cluster, at p.02 available online http://www.bd.undp.org/content/dam/bangladesh/docs/Projects/JUST/JUST%20RR%202014%20final.pdf, last accessed August 19, 2015.

8 Judicial Strengthening Project (JUST) Annual Report, 2013, at p. 5, available online http://www.undp.org/content/dam/undp/documents/projects/BGD/JUST_Annual_%20Report_2013.doc, last accessed August 20, 2015.

9 Under the Judicial Strengthening (JUST) project, the Supreme Court has formed seven Case Management Committees (CMCs) so as to reduce the backlog of cases both in higher and lower judiciary. (See, Tahura, Ummey Sharaban, ‘Case Management: A Magic Lamp in Reducing Case Backlogs,’ Bangladesh Journal of Law, Vol. 13 (1 & 2), 2013 Google Scholar).

10 Ahmed, Bashir and Islam, Mohammad Tarikul, ‘The Role of Union Parishad in Rural Dispute Resolution in Bangladesh: an Evaluation in the Light of People's Perception,’ Journal of Studies on Asia, Series IV, Volume 3, No. 1, March 2013, p. 192 Google Scholar.

11 Panchayat system was formally recognized under the Village Choukidari Act of 1870 under which District Magistrates were authorized to appoint the members of the Panchayat for a particular village.

12 Islam, S. Aminul, ‘The Informal Institutional Framework in Rural Bangladesh’ in Hands Not Land: How Livelihoods are Changing in Rural Bangladesh, edited by Toufique, Kazi Ali & Turton, Cate, DFID, 2002, p. 97 Google ScholarPubMed.

13 Review Report of Village Courts Legal Framework (2012), Activating Village Courts in Bangladesh (AVCB) Project, p. 13.

14 Ordinance No. LXI of 1976, subsequently modified through The Village Courts (Amendment) Ordinance of 1978

15 Islam, Zahidul (2015) Strengthening State-led Rural Justice in Bangladesh: Views From the Bottom, CCB Foundation, 2nd edition, p. 142.

16 Rahman, Md. Bazlur, ‘Justice for poor through village courts,’ at p. 3.

17 BLAST V. Bangladesh and Others, Writ Petition No. 4502 of 2003, 60 DLR (2008) 234.

18 The Village Government Act of 2003 was finally scrapped in 2007 by the then Non-Party Interim Government as per the order given by the High Court Division.

19 See, Hossain, Sheikh Mohammad Belayet, ‘Dispensing Justice Locally: A Study of Two Village Courts in Bangladesh,’ North South University, 2012.

20 Penn, William (1905) ‘Some Fruits of Solitude’, Headley Brothers, at p. 86, available online https://archive.org/stream/somefruitssolit00penngoog#page/n91/mode/1up, last accessed August 21, 2015.

21 Biswas, Zahidul Islam, ‘The Village Court: A neglected but potential justice forum,’ in Law and Our Rights Section, The Daily Star, Bangladesh, Issue No. 79, August 1, 2008.

22 The amended Act of 2013 is the outcome of the project titled ‘Activating Village Courts in Bangladesh’ (AVCB), which is jointly conducted by The Ministry of Local Government, Bangladesh, European Union (EU) and UNDP, Bangladesh.

23 Hossain, Muhammad Sazzad and Hossain, Mohammad Hossain, ‘Causes of Delay in the Administration of Civil Justice: A Look for Way Out in Bangladesh Perspective’, ASA University Review, Vol. 6 No. 2, July–December, 2012, p.104 Google Scholar.

24 Section 7, The Village Courts (Amendment) Act, 2013 (Act no. 36 of 2013).

25 Section 5, ibid.

26 Lewis, David and Hossain, Abul, ‘Understanding the Local Power Structure in Rural Bangladesh’, Sida (Swedish International Development Cooperation Agency) Studies No. 22, p. 54.

27 Section 5(5), ibid.

28 UN Secretary General Report on Legal empowerment of the poor and eradication of poverty, UNGA (A/64/133), 13 July 2009, p. 3, available online http://www.unrol.org/files/N0940207.pdf, last accessed September 3, 2015.

29 Section 6A, The Village Courts (Amendment) Act, 2013.

30 Dr.Faruque, Abdullah Al and Khaled, Md. Mohiuddin, ‘Local Level Justice System in Bangladesh: Success, Challenges and Best Practices,’ The Chittagong University Journal of Law, Vol. XV, 2010, p. 6 Google Scholar.

31 Section 6B, The Village Courts (Amendment) Act, 2013.

32 Section 6B(2) & 6C(1), ibid.

33 Das, Maitreyi Bordia and Maru, Vivek, ‘Framing Local Conflict and Justice in Bangladesh’, Policy Research Working Paper 5781, The World Bank, Social Development Department, August 2011, p. 16, available online http://elibrary.worldbank.org/doi/pdf/10.1596/1813-9450-5781, last accessed September 10, 2015.

34 Section 6C, The Village Courts (Amendment) Act, 2013.

35 Supra note 15, p. 194.

36 Section 7, The Village Courts (Amendment) Act, 2013.

37 Section 9(3) and 12(1), ibid.

38 Section 68, Local Government (Union Council) Act, 2009 (Act No. 61 of 2009).

39 Section 9A, The Village Courts (Amendment) Act, 2013.

40 Section 250, The Code of Criminal Procedure, 1898 (Act No. V of 1898).

41 Section 11(2), The Village Courts (Amendment) Act, 2013.

42 Mahbub, Saqeb, “Village Courts: An Assessment of the Loopholes,” available online http://www.thefinancialexpress-bd.com/old/more.php?news_id=110766&date=2010-09-01, last accessed September 20, 2015.

43 ‘Informal Systems and Village Courts: Poor people's preference,’ Chapter 6, “Human Security in Bangladesh: In Search of Justice and Dignity” (2002) UNDP, Bangladesh, p. 98, available online http://www.un-bd.org/Docs/Publication/UNDP/hsr/index.htm, last accessed September 15, 2015.