Golam Mostafa Badsha

In Bangladesh, bolstering village courts may have a big impact on local communities' access to justice, ability to resolve conflicts, and grassroots rule of law advocacy. The village court is the lowest tier of the legal system in Bangladesh. The Bangladesh Bureau of Statistics (BBS) estimates that 68.34% of the country's people reside in villages.

The Village Courts Ordinance of 1976 established the Salish Courts to handle and resolve issues in rural regions. The 2006 Village Courts Act was approved. Section 5(1) of the Village Court 2006 states that the village court is composed of five members, including the chairman and two members chosen by each of the parties. The main functions of the village court are filing of cases, summons, examination of witnesses, and giving written judgments.

In Bangladesh, there are 4578 Union Parishads. Every Union Parishad has authority for the village's general state of affairs. Nearly every community has a variety of issues. For instance, disputes over property and family issues are more frequent. Furthermore, since of 2006, certain civil and criminal cases are being tried in village courts. which are primarily resolved in arbitration and village courts. Section 7 of the Village Court 2006 states that the maximum fine the court may impose for an offense is Tk 75,000. But in these, the complainant does not receive fair justice for a variety of reasons, including family. losing the right to justice.

The majority of Bangladesh's courts are located in metropolitan areas, making it challenging for marginalized people to access the legal system. The Bangladeshi constitution's article 16 states that there should be no longer be a difference in the standard of living between urban and rural communities. The state will implement strong policies to revitalize rural communities.

If we see that while the residents of the hamlet are denied justice and triumph, the people in his region are receiving it. They believe that the executive department is still in charge of the decision. The right to a fair trial is being denied to people living in rural regions, delaying their chances of receiving justice. Many individuals believe that appearing in court will be a bother, thus they choose not to do so.

Article 35 of the Bangladeshi Constitution guarantees the right to a prompt public trial by a court that is unbiased and independent. However, as stated in Bangladesh's Article 22 Constitution, the executive branch and the judiciary must remain distinct in order to guarantee this. And if this isn't guaranteed, the complainant will be denied their right to a trial and will never receive one. To enhance the village court, the entire framework must be implemented.

According to the recently passed Domestic Violence and Prevention Protection Act of 2010, sexual abuse, financial loss, and physical or mental abuse of women or children by any family member constitutes domestic violence and is illegal. The Metropolitan Court or the Magistrate are following these cases. Family cases may be tried by village courts. On the other hand, the Village Courts Act 2006 and the Domestic Violence and Prevention Protection Act 2010 ought to be modified if such laws are to be implemented. The goal of justice would be defeated if convoluted statutes were applied in village courts.

According to the Local Government Union Parishad Act of 2009, in order to run for the position of Chairman of a Union Parishad, an individual must be nominated by a political party or by an independent candidate, according to the rules of Section 26 of Section 19. We can see from this instance that a politician is never a fair judge. When will an executive body behave like a court body? Because of this, the general public is denied their right to a fair trial, and village courts are becoming less and less popular. Thus, shouldn't the legislation be changed? Thus, it's time to reflect and make changes. Make little adjustments to ensure that everyone has a fair trial.

The modification states that other members of the village court will preside over its sessions in the event that the chairman or a member is not present. in order to hasten the resolution of cases and lessen harassment experienced by residents in rural regions. The cases will be postponed if we discover that the chairman of the village court or other court members are not present. Bangladeshi village courts might be reinforced in the manner listed below:

1. Increased Accessibility: Ensure that village courts are accessible to all members of the community, particularly marginalized groups who may face barriers to accessing formal legal institutions. This could involve establishing more village courts in remote areas and providing transportation assistance for those who need it.
2. Capacity Building: Provide training and resources to village court officials, including judges, mediators, and support staff, to enhance their skills in dispute resolution, legal procedures, and conflict management. Continuous professional development programs can help ensure that village court personnel are equipped to handle a wide range of cases effectively.
3. Legal Empowerment: Empower communities with legal knowledge and awareness of their rights and responsibilities. This could involve conducting legal literacy campaigns, workshops, and outreach programs to educate community members about the legal system, available remedies, and mechanisms for resolving disputes.
4. Integration with Formal Legal System: Strengthen the linkages between village courts and the formal legal system to ensure that decisions made by village courts are recognized and enforced. This may require legislative reforms, administrative support, and coordination between village courts, higher courts, and other legal institutions.
5. Resource Allocation: Allocate adequate resources, including funding, infrastructure, and personnel, to village courts to enable them to function effectively. This could involve increasing budgetary allocations for village court operations, providing facilities for hearings, and improving administrative support systems.
6. Monitoring and Evaluation: Establish mechanisms for monitoring and evaluating the performance of village courts to ensure accountability, transparency, and quality of service delivery. Regular assessments can help identify areas for improvement and guide policy interventions to strengthen village courts further.
Bangladesh may improve community-based conflict resolution, increase access to justice, and advance the advancement of the legal system overall by fortifying its village courts. It is important to adopt a comprehensive approach to this process, including the requirements and preferences of nearby populations and tackling fundamental issues like resource restrictions, capacity limitations, and cultural aspects. To fully realize Bangladesh's village courts' potential, cooperation between government institutions, civil society groups, and other stakeholders is essential. Ending nepotism helps ensure the rule of law and a fair trial system. structural adjustments as well as the division of the Judiciary from the Executive. to safeguard rural residents' legal rights, lessen the volume of claims the lower courts must handle, and resolve matters, now is the time to highlight justice.

The writer is a, Law Student University of Asia Pacific