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

2016 ◽  
Vol 44 (3) ◽  
pp. 235-240
Author(s):  
Md. Al-Ifran Mollah
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
Single Channel ◽  
Legal Framework ◽  
Access To Justice ◽  
Informal Justice ◽  
Local Justice ◽  
The People ◽  
Political Interference ◽  
Formal Justice

AbstractAccess 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.

scholarly journals The problems of access to justice in rural areas (on the example of Ukraine)

2019 ◽  
Vol 68 ◽  
pp. 01018 ◽  
Author(s):  
Andrii Lapkin
Keyword(s):  
Rural Areas ◽  
Justice System ◽  
High Speed ◽  
Well Being ◽  
Transport Infrastructure ◽  
Scientific Article ◽  
Access To Justice ◽  
The People ◽  
High Level ◽  
Rural Dwellers

In this scientific article, problems of access to justice in rural areas in Ukraine are considered. It is proved that for the people living in rural areas it is necessary to consider access to justice as possibility of free application to justice system for protection of their rights that is without any obstacles or difficulties. However in need of application to a court the rural dwellers face a lot of problems, such as: territorial, economic and organizational. Territorial problems relate to territorial distance of judicial authorities from rural areas. Economic problems relate to high level of court expenses and low financial well-being of rural dwellers. Organizational problems relate to absence of the necessary infrastructure in rural areas facilitating access to court (lack of transport infrastructure, absence of high-speed Internet and possibility to use technologies of “electronic justice”). The conclusion is that for the solution of this problem it is possible to offer the following steps: general development of infrastructure in rural areas; formation of judicial system on the basis of uniform territorial distribution; reduction of court expenses for dwellers of rural areas proportionally to the level of their incomes; development of institution of lay justice operating in rural areas.

scholarly journals The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-21
Author(s):  
Madikgomo More
Keyword(s):  
Justice System ◽  
Qualitative Case Study ◽  
Customary Law ◽  
Access To Justice ◽  
Traditional Authority ◽  
Communal Identity ◽  
Informal Institution ◽  
Traditional Leaders ◽  
The People

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.

From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

2021 ◽  
pp. 1-30
Author(s):  
J. Christopher Upton
Keyword(s):  
Indigenous People ◽  
Justice System ◽  
Field Research ◽  
Legal Framework ◽  
The State ◽  
Access To Justice ◽  
Power Relationship ◽  
National Courts ◽  
Order Language

In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people’s access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people’s access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan’s Indigenous people.

scholarly journals Mediation

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 151-168
Author(s):  
Lesley A Allport
Keyword(s):  
Social Norms ◽  
Dispute Resolution ◽  
Justice System ◽  
Self Regulation ◽  
Community Setting ◽  
Informal Justice ◽  
Perceptions Of Fairness ◽  
First Choice ◽  
Educative Process ◽  
Formal Justice

This article examines the place of mediation both internally and externally to the civil justice system. The growth of alternative dispute resolution (ADR) and the culture of settlement within formal justice has somewhat absorbed mediation as a process by which to resolve disputes at the door of the court. Yet, it can be argued that its origins lie within the community setting where social norms have a distinct role to play and where collective as well as individual interests have a significant impact. This paper considers the application of mediation in a much wider sense than simply as a tool for settlement. It explores the concept of mediation as an educative process that supports the generation and advocation of social norms. Mediation can be understood as a form of self-regulation which relies on perceptions of fairness, justice and trust. In so doing, it can be argued that it provides a means of informal justice amounting to dispute prevention as far as its relationship to the justice system is concerned. Viewed in this way, mediation provides a genuine first choice as a means to address and resolve conflict rather than an alternative method by which to settle disputes. Keywords: mediation; dispute resolution; dispute prevention; community norms; formal justice; informal justice; process pluralism; alternative; first choice.

scholarly journals Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh

2021 ◽  
Vol 2 (1) ◽  
pp. 15-40
Author(s):  
Md. Nazmul Haq ◽  
Jannatul Ferdous ◽  
Rajib Chandra Das
Keyword(s):  
Dispute Resolution ◽  
Rural Areas ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Formal System ◽  
Political Influence ◽  
Poor People ◽  
Informal Justice ◽  
Justice Systems ◽  
The Village

The structured legal system of Bangladesh is costly and takes a long time to complete. As a result, poor citizens in rural areas can seldom seek justice through the formal judicial process. The costs of hiring a lawyer, the time and money expended in court, and the amount of talent, schooling, and experience needed to litigate all act as roadblocks to justice. As a result, poor people prefer or have no choice but to use conventional justice systems such as Shalish. However, Shalish is a very informal type of local judicial practice that heavily influences rural society’s power structure. With time, people with special interests and musclemen dominate the informal justice system at the village level. Alternative dispute resolution (ADR) had arisen in the Indian subcontinent to improve the village justice system's condition. For the past 35 years, the state-led rural justice system, such as Shalish and village court, has played an essential role in resolving petty rural litigation, but at a sluggish and informal pace. In the evolving landscape of rustic political influence, this age-old court is having difficulty dispensing justice to the countryside citizens. The study looked at the existing rural informal justice systems in Bangladesh, especially the Union Parishad-led ADR, and argued that, if adequately enabled and revamped, this justice system could be a desirable alternative to the formal system of justice for people living in rural areas. The study aimed to recognize the obstacles that the Union Parishad faces in dispensing justice, both directly and indirectly (UP).

scholarly journals Access to Justice through Legal Aid: A Study in Bangladesh

2017 ◽  
Vol 1 (1) ◽  
pp. 22-32
Author(s):  
Rabiul Islam
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Present Condition ◽  
Access To Justice ◽  
Legal Aid ◽  
The People ◽  
Judicial Administration ◽  
The Rich ◽  
Criminal Matters

Equal access to justice for the rich and poor alike is prerequisite to the maintenance of the rule of law. But the justice system through judicial administration is very costly in Bangladesh and that cost has been the most difficult factor for the poor and vulnerable sectors of people in case of getting justice. Thus an adequate legal aid system is one of the effective ways to ensure access to justice as well as to establish rule of law. In this paper attempts have been made to examine the present condition of the legal aid services in Bangladesh, the establishment and functions of the different legal aid committees but, importance is especially given to the local govt. level where legal aid services are provided by the District, Upazila and Union Legal Aid Committees. The study compares the role of the govt. and non- govt. organizations in dissemination of legal aid services among the people who do not manage themselves to get proper remedy due to various limitations and discriminations. After reviewing the collected data and analysis of these, it has observed that the cases to which legal aid services are provided include both the civil and criminal matters and the cases relating to family affairs. Finally conclusion is drawn after evaluating the activities of the aforesaid organizations and by making substantial recommendations to the concerned authority.

scholarly journals Dispute Resolution Practices in USA, Australia and UK/EU

2019 ◽  
Vol IV (I) ◽  
Author(s):  
Abida Hassan ◽  
Dil Muhammad Malik
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Informal Justice ◽  
Resolution System ◽  
European Union Countries ◽  
Settlement Of Disputes ◽  
Formal Justice ◽  
Dispute Resolution System

The research aims to highlight and discuss the different modes of settlement of disputes in today�s populated and overcrowded societies. The research has shown that due to expensive, time consuming and rigid process of formal justice system (court litigation) USA, Australia, UK and even European Union countries have preferred informal justice system (Alternative Dispute Resolution) for disputants to opt for their solutions. The informal dispute resolution system (Alternative Dispute Resolution) prevailing in modern countries like USA, Australia and UK is full of benefits and most probably the main reason for their progress and development also, and the study has shown that the system is working successfully in these countries, therefore, it can be applied anywhere even in the developing countries as well because this system is more sustainable in any form than the formal justice system (court litigation).

scholarly journals PROVIDING A SENSE OF JUSTICE: Informal mechanisms for dealing with domestic violence

2016 ◽  
Author(s):  
Kelley Moult
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Informal Justice ◽  
Justice Process ◽  
Sense Of Justice ◽  
Formal Justice

Informal justice structures are used by many women for dealing with domestic violence. Their services more closely meet the needs of women than the criminal justice system, in terms of the immediacy with which they resolve problems, their focus on mediation and resolution rather than arrest and punishment, and their affordability. For resolving domestic conflicts, alternative justice mechanisms seem to have much more legitimacy for those involved than the formal justice process.

scholarly journals The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

2013 ◽  
pp. 9-36 ◽  
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Criminal Justice ◽  
South Asia ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Criminal Cases ◽  
Community Mediation ◽  
Informal Justice ◽  
The Government ◽  
Formal Justice

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

scholarly journals Efficient Management and Security of Data by Data Base Management System (DBMS)

2017 ◽  
Vol 5 (01) ◽  
Author(s):  
Rakesh Kumar Singh ◽  
Ranjan Singh
Keyword(s):  
Rural Areas ◽  
High Speed ◽  
Central Government ◽  
Service Providers ◽  
Legal Framework ◽  
The Public ◽  
Efficient Management ◽  
The People ◽  
Data Base Management System ◽  
The Government

Digital India is an initiative of the Government of India, under which government departments have to connect with the people of the country. The purpose of this scheme is to ensure that the government services can be accessible electronically to the public without use of paper. The purpose of this scheme is to connect the rural areas through High Speed Internet. A two-way platform will be built in this scheme where both (service providers and consumers) will be benefited. This will be an inter-ministerial initiative where all the ministries and departments will bring their services to the public such as health, education and judicial service, etc. The Public Private Partnership (PPP) model will be adopted as a choice. This scheme is one of the top priority projects of the Central Government. While there are many significant drawbacks like legal framework, lack of privacy, lack of data security rules, civilian autonomy abuses, and lack of parliamentary surveillance for Indian e-surveillance and Indian cyber insecurity. All these shortcomings will be removed before implementing Digital India.

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