If the village courts are active, the backlog of cases will be reduced at the upper level
Osman Gani
The backlog of cases in the judicial system of Bangladesh is now a terrible reality. Millions of cases remain unresolved for years. With the crowd of people waiting for justice from the district courts to the high courts, the door of justice has become rare for many. Sometimes more than a decade passes to get a verdict in a simple civil or criminal case. As the aggrieved citizens are being deprived of justice, the pressure on the judicial system is also increasing. However, there are many minor disputes and conflicts in rural areas, which if resolved at the initial stage, would have reduced the backlog of cases at the upper level of the court to a large extent. The "village court" can play the most effective role in this work.
In Bangladesh, there is a village court in every union under the local government structure. Its main goal is to resolve minor disputes of the general public at the local level. According to the law, the village court can resolve civil and criminal disputes of a value up to 75 thousand taka. For example, property disputes, family disputes, debts, fights, minor injuries, loss of livestock, etc. But unfortunately, these courts exist on paper in most unions, but are inactive in reality. As a result, even minor cases are being referred to the police station or district court, due to which the upper levels of the court are gradually becoming obsolete.
The basic idea of village courts comes from the ancient rural social system. Once upon a time, in rural society, elders, elders and local dignitaries used to resolve village disputes together. This system saved time, money and mental anguish. After independence, the government brought this traditional system into a legal framework and established it as village courts. The aim was to bring justice to the doorstep of the people. But due to administrative complexity, lack of awareness, lack of training and political influence, this institution could not function effectively.
To activate village courts, the first thing needed is the sincerity and training of the elected representatives of the local government. The chairman of the union council acts as the president of this court. Under his leadership, a five-member panel is formed with members appointed by both parties. But in many cases, the judicial process is hampered due to the chairmen's lack of legal knowledge or inability to maintain impartiality. Sometimes decisions are made based on political considerations, which is against justice. Again, many chairmen feel that the work of the court is an additional hassle for them, so they are not interested in starting village courts.
However, if they receive proper training, awareness and legal assistance, the village court can truly become a 'people's court'. This will not only reduce the backlog of cases, but will also strengthen social ties at the local level. For example, if the disputes that today go to court and hang for years are resolved at the union level, then the burden of the court will be much lighter. In addition, the common man will no longer have to travel to distant courts, spend money, or face pressure from influential circles.
If the village court is implemented, its benefits will be multi-layered. First, it will be possible to get speedy justice at the local level. Secondly, the backlog of cases at the higher levels of the courts will be reduced to a large extent. Thirdly, mutual cooperation and peace will be maintained in the society. Because in the village court, solutions are reached through discussion with the participation of both parties, which reduces hostility. And fourthly, the government saves money and time, because resolving disputes at the local level means preventing the cost and waste of time of the big courts.
A project to activate village courts was taken up in some districts of Bangladesh with the help of international organizations UNDP and the European Union. Under that project, training, awareness-raising, legal assistance and record-keeping arrangements were made. The results were promising, in the unions where the project was launched, the common people gained confidence in the village courts. Instead of going to the police station for minor disputes, they would come to the union parishad. This has maintained local peace and order and the participation of both men and women has also increased. It is clear from this experience that village courts can work effectively if they want, if there is political will and administrative support.
However, there are some challenges. In many places, there is no separate room for the village court, no file storage facility or manpower to keep records. Again, in some places, the general public does not know that there is a court in their union where disputes can be resolved free of cost. As a result, lack of awareness is a major obstacle. Women litigants or abused women face further problems, because their voices are often not given importance in the village court. Therefore, the participation of women members should be made mandatory, and gender sensitivity should be ensured in the judicial process.
Several steps are necessary to increase the capacity of the village court. First, campaigns should be conducted in the media, local meetings, and schools and colleges to raise awareness at the union level. Second, regular training should be provided to the members and chairmen of the union councils so that they know the law and the process well. Third, supervision by the upazila administration should be strengthened so that transparency in case settlement is maintained. Fourth, arrangements should be made to digitally store case information so that transparency and accountability are ensured.
At the same time, an effective policy needs to be formulated at the central level, where there will be a system for monitoring the activities of the village court and providing rewards. For example, the union that settles the maximum number of cases in a year can be rewarded. This will make the unions more competitive.
The village court only decides cases. It is not a means of settlement, it can be a strong foundation for social justice and unity. In addition to reducing legal entanglements, it also increases cooperation, forgiveness and mutual respect in society. Because in this court, trials are held with the participation of the villagers, in the local context. As a result, the verdict is not only legal, but also socially acceptable.
The constitutional right to justice will become a reality only when even the marginalized people of the society can solve their problems free of cost, in a short time and fairly. If about 4,500 union parishads in the country regularly start village courts, then several lakhs of small cases will be resolved at the local level every year. This can reduce the case load of the high court and district courts by at least 20-25 percent, which will be a epoch-making change for the country's judicial system.
Today, when people are frustrated in seeking justice, and many are dying while waiting for years for cases in the courts, the revival of village courts is an essential reality. This system can be revived only through the combined efforts of government policymakers, local administration and public representatives.
Above all, village courts should not be seen as just an administrative project, but as a means of establishing the people's right to justice. One of the ways to empower local governments and gain the trust of the people is to make these courts effective. When justice is established at the village level, the roots of the state will be strong, peace and equality will be established in society, and the backlog of cases at the higher levels will be greatly reduced.
If justice reaches the doorsteps of the people, then its value is the greatest. And only when that doorstep court, the village court, is activated, will "justice for all" truly become a reality in Bangladesh. Activating village courts means not only reducing the burden of cases in lower courts, but also bringing justice to the doorsteps of the people. In a rural country like Bangladesh, if every small dispute can be resolved at the local level, then a huge pressure on the courts will be reduced. At the same time, people will get the opportunity to get justice quickly, easily and free of cost. The effectiveness of the village court is not limited to the legal process, it strengthens the foundation of mutual harmony, cooperation and morality in the society. In this, the people of the village will come forward to solve their problems themselves without fear of the court, which will maintain social harmony.
However, to reach this goal, the political will of the government, administrative supervision and the active role of local public representatives are essential. In addition, awareness, training and transparency must be ensured. If the village court is run in a modern and digital manner, the public's trust will increase further.
The writer is a Journalist and Columnist .He can be reached at postnews25@gmail.com
