cub-village court study

MMS

VILLAGE COURT ANDRESOLUTION OF LOCAL DISPUTES

An Analytical Study on 30 Char-based Unions of Sirajganj District

Design & PrintA Plus Communication

Village Court and Resolution of Local Disputes:An Analytical Study on 30 Char-based Unions of Sirajganj District

Study Published in:April 2015

Research Team:1. Shankor Paul, Lead Researcher2. Muzammel Haque, Research Associate3. Abu Sharif Md. Mahbub-E-Kibria, Research Associate

Funded by:EIDHR Programme of the European Union

Produced by:Concern Universal, Bangladesh (CUB)Manab Mukti Sangstha (MMS)

ISBN: 978-984-33-9508-5

The study was undertaken by Concern Universal-Bangladesh in collaboration with Manab Mukti Sangstha (MMS) as integral component of the “Promoting Rights and Accessibility of the ultra-poor in char-land areas through Democratic Local Governance (PRADG)” project, in an attempt to understand the community perception and participation in the local development planning and budgetary process of Union Parishads.

The research team is grateful to all local stakeholders of the PRADG project who provided their time and valuable information for successful completion of this study.

For Further information, please contact:Shankor Paul

Head, Human Rights UnitConcern Universal, Bangladesh

House-8 (4-5th floor), Road-28, Block-K, BananiDhaka-1213, Bangladesh, Tel: +880-2-9855296 (108)

E-mail: [email protected]: www.concern-universal.org

Table of Contents

Chapter 1. Introduction 4 1.1 Background of the study 5 1.2 Objectives 5 1.3 Scope of the study 5 1.4 Methods 6 1.5 The Study area 6

Chapter 2. The Village Court 7 2.1 Structure of the Village Court 9 2.2 Powers and legal jurisdiction of the Village Court 9 2.3 The Proceedings of Application to Village Court 11 2.4 Decision of the Court and its Review 13 2.5 Ground Observation and Practices 13

Chapter 3. Complaints Recording And Resolution Mechanisms In The Village Courts 16 3.1 Existing status of reported complaints 16 3.2 The status of resolution of people’s complaints 18

Chapter 4. Roles Of The Village Courts To Satisfy The People With Decision 20 4.1 Peoples’ Satisfaction on Decisions of the Village Court 20 4.2 Activating the Village Court as a System of Rural Justice 21 4.3 Lessons in operation of the Village Courts 23 4.4 Recommends for reinforcing the Village Courts 28 4.5 Conclusion 29

References 32

SL Title Page No.

List of Tables & Figures

Table-1: Comparative Status of people's complaints to the UP led Village Court 18Table-2: Status on resolution of people's complaints by the UP led Village Courts 19Table-3: Village Court Infrastructure in 30 Unions of Sirajgonj (Up to February 2015) 27

Figure-1: Design of the study 6Figure-2: Structural links of village courts 7Figure-3a: A structure and set of the village 8Figure-3b: Structure of the Village Court 9Figure 4: The procedures of a Village Court 12Figure-5: Mrs. Bedana Khatun submitting her application 13Figure-6: UP Secretary is verifying the application 14Figure-7: A sample summons of the UPs 14Figure-8: A feature of on-going hearing in the VC 15Figure-9: Consultation of VC representatives for making decision 15Figure-10: Status of reported complains to the UPs during first 8 months (May to Dec. 2013) 16Figure-11: Status of reported people’s complains in the 21 UPs (period: Jan. to June2014) 17Figure-12: Status of people’s reported complains in the 29 UPs (period: July’14 to Feb. 2015) 18Figure-13: Levels of people’s satisfaction on decisions of the Village Courts 20

BDT Bangladesh TakaCUB Concern Universal BangladeshEC European CommissionFGD Focus Group DiscussionKII Key Informants InterviewMMS Manab Mukti SangsthaNGO Non-Governmental OrganizationOC Office in ChargeUNO Upazila Nirbari Officer UNDP United Nations Development ProgrammeUP Union ParishadVC Village CourtSC Supreme Court

List of Tables Page No.

List of Figures

Abbreviations

Village Court and Resolution of Local Disputes 03

Abstract

The Village Court is a form of Alternative Dispute Resolution (ADR) that constituted under the legal provisions of Village Court Act, 2006 (amendment 2013). The court is administered by the Union Parishad and selective local leaders as response of the reported complaints of the people. The study was done to understand people’s access to village courts to resolve their disputes. This was an analytical study that conducted in 30 Char-based Unions of Sirajganj district. The information related to reported people’s complaints was collected through a template and the information of people’s satisfaction and opinions was collected through application of qualitative methods. The findings revealed that Char people are mostly depended on dispute resolution of the Village Court because it is only accessible and easy communicable rural justice mechanism in selected Char-land area. Though a section of UPs doesn’t have any formal structure (Eslash) of the Village Court, they took continued the proceedings in an informal ways in line with provisions of the Village Court Act, 2006 (amendment, 213) and Rules, 1976. With the analysis of 487 complaints, it is defined that UPs were successful in resolution of 312 complaints while 70% complainers shown their satisfaction on the decisions of the Village Courts. In spite of diverse limitations, people believe that the UP led Village Court can play an effective role in resolution of local disputes with just proceedings and explore a window for the Char-people to gain access to justice.

04 Village Court and Resolution of Local Disputes

1. Introduction Access to justice is the key to ensure human rights and good governance. But the formal justice system is under serious pressure with huge caseload to dispose of the pending cases. Around 2.3 million cases are pending with the courts across the country including the Appellate Division and High Court Division of the Supreme Court (SC), causing immeasurable suffering to the litigants1. Although the number of judges and the rate of disposal of cases are increasing, the backlog is growing higher, since the number of filing of cases is increasing day by day due to growth of population. It has a negative impact on the lives of people, who live in remote Char-land areas, cannot afford the expenses of cases and lacks clear understanding of how to obtain justice in the formal courts, while a significant parts of those case backlogs could easily be resolved through the local justice system (Siddiqi 2004). It is a fact that a large section of rural people in Bangladesh live below poverty lines who are struggling to get access to formal justice system. Accessing formal justice is not only expensive for rural poor but also too procedural difficulties. This section of people doesn’t have sufficient capacity to provide required costs of court cases. The costs are related to:

• Expenses of frequent travelling to court.• Expenses for conducting case (including lawyer fees)

The fees for lawyer are so high that sometimes it is more than the value of the disputed matter. Legal aid is very rarely available to the rural people although some NGOs and government provide some legal aid which is not sufficient comparing to the need. Therefore, considering the increasing load of pending cases in formal judicial system of Bangladesh, “Village Court” is the best alternative where rural people would get justice in a very nominal expense and in a cordial and informal environment (Quader, 1995).

Apart from that the long standing vengeances are also mitigated whilst the dispute is resolved in their presence without too much legal jargons to play part during the process. Many grievances which are never accessed to formal justice system due to its formalities and for the cause of expense can be resolved through Village Courts and that would contribute substantially in establishing rule of law. The people of char land areas of Bangladesh are basically deprived of mainstream development process. About 30% people of Char-lands are ultra-poor, divested of human rights and legal justice. Many grievances which are never accessed to formal justice system due to its formalities lengthen proceedings, more expenses and dependency on lawyers supports. Regarding this, the Village Courts would be potential alternative that guided with the proceedings of the VCA, 2006 to contribute for establishing the rule of law in rural areas.

1 The Daily Star, 18 March 2013

Introduction1Chapter


1.1 Background of the studyThe action learning of PRADG (Promoting Rights and Accessibility of the Ultra-poor in Char-land areas through Democratic Local Governance) project reveals that a very limited section of ultra-poor people (6.7%)2 have access to rural justice system. Through the Union Parishad is entitled to operate the “Village Court” under the legal provisions and jurisdiction of the Village Court Act, 2006, it is rarely in practiced in 30 char-based Unions of Sirajganj district (i.e. PRADG project areas). The problem is extended with the ground situation in char-land areas of Sirajganj district where most of the Unions have no specific space and structural set up of the “Village Court”. In such a situation, the Union Parishads carried out the justice delivery system by their own ways to resolve the people’s complaints/cases.

Considering the ground reality, the PRADG project took initiatives to sensitize the Union Parishads representatives (including UP Secretary), civil society groups and local ultra-poor leaders to activate the proceedings of the village court in the char-based Unions. As response, it has been observed that 5 UPs out of 30 UPs started to maintain records of the people’s complaints and tried to follow the legal provisions of the Village Court Act, 2006 (amendment, 2013). Within the period of 2 years, it has been observed that 29 UPs out of 30 maintaining records of the peoples complaints. Though they have no structural set up of the Ezlash for operation of village court, most of the UPs are now consciously practicing the legal proceedings of the Village Court Act, 2006. As part of this success, Concern Universal and Manab Mukti Sangstha has taken joint initiatives to conduct an analytical study on “Village Court and its role in Resolution of Human Rights Violations in Char-land areas of Sirajganj district”

1.2 ObjectivesThe analytical study aimed to understand people’s access to village courts to resolve their disputes in selected char-land areas of Sirajganj district by:

• Analyzing the structures, functions, power and legal jurisdictions of the village court (in line with the VCA, 2006);

• Analyzing the complaints recording and resolution mechanisms of the village courts;

• Analyzing the roles of the village courts to satisfy the local people for establishing rule of law and people’s access to justice in char-land areas.

1.3 Scope of the studyThe main focus of this study is to analyze the roles of village courts in resolution of human rights violations problems/issues in 30 char-based Unions of Sirajganj district. Regarding this, the study focused on the information related to structures, functions, power and legal jurisdictions of the village court that inserted in the VCA, 2006. This also focuses on recorded complaints of char-land people and its resolution mechanisms in the UPs.

2 Baseline survey report of the PRADG project, Sept. 2013


And, finally the study strategically searches people’s opinions and perception to understand their satisfaction on the complaints resolution by the UPs. The process explores information on the extent of ultra-poor people’s access to justice. 1.4 MethodsThe study is carried out with a qualitative nature of information. The required data/information was collected from both primary and secondary sources to analyze the roles of village courts in resolution of Human Rights Violations in Char-land areas of Sirajganj district. Diverse qualitative methods were applied to gather primary information in order to define the existing processes and practices in the UP led village courts. The relevant documents, particularly the Village Court Act, 2006 (along with amendment 2013) were reviewed to collect necessary information on structures, functions, power and legal jurisdictions of the village court. The overall methodological design of this study is as follows:

Figure-1: Design of the study

1.5 The Study areaThe study covers areas of all 30 char-based UPs of the PRADG project, which are as follows:

Roles of the Village Court inresolution of human

rights violation

Primary information

Individualinterview FGD

CaseStudy

Review ofdocuments

Review of theVCA, 2006

Secondary information

District Upazila No. of Union Parishads

Sirajganj S. Sadar Mesra, Kawakhola and Ratankandi

Chauhali Ghorjan, Sthal, Omarpur, Sadia-Chandpur, Bagutia, Khaskawlia and Khaspukuria

Shahjadpur Khukni, Jalalpur, Potajia, Gala, Habibullahnagar, Sonatoni, Beltoil and Porzona

Belkuchi Belkuchi, Baradhul and Rajapur

Kazipur Natoarpara, Chargirish, Khasrajbari, Tekani, Nischintapur, Maizbari, Sovogacha and Kazipur

Figure-2: Structural links of Village Courts


2. The “Village Court”The Village Court is an integral part of state-led rural justice system like a semi-formal court that constitutes under the Section-5 of the Village Courts Act, 2006 and administered by the Union Parishads (UP). The Court proceedings follow the provisions of Act, 2006 (amendment 2013).

The provision of village court has been inserted in the state-led rural justice system of Bangladesh with a view to:

The “Village Court” is structurally links with the formal court of Asst. Judge (for civil matters) and the court of senior judicial magistrate for criminal matters (figure-2). And for updating the status of the village court, as authorized institution “Union Parishad” is responsible to Upazila Nirbahi Officer.

VILLAGE COURT2Chapter

• Resolve the minor conflicts/complaints locally within very limited time;• Create and ensure social protection and greater access to justice for the poor,

disadvantaged, women and vulnerable groups;• Create peaceful consensus between two groups in resolving the complaints/cases;• Create friendly and peaceful environment in the UP constituencies;• Reduce case load in the higher courts;• Promote governance and social justice at local level.

District Judge

AdditionalDistrict Judge

Metro. jointSession Judge

Session Judge

An Asst Judge

Metro. AdditionalSession Judge

AdditionalSession Judge

Supreme court of Bangladesh Appellate Division

High court Division

Joint DistrictJudge

Joint SessionJudge

District Magistrate Judge

Mobile Court(Executive Magistrate)

Asst. Judge

Chief JudicialMagistrate

Chief Metro.Magistrate

Sen. JudicialMagistrate

JudicialMagistrate

MetropolitanMagistrate

Ad. Chlef MetroMagistrate

VillageCourt

For civil maters For criminal maters

Metropolitan Session JudgeSpeclal Courts Tribunals


• Enables to reintegrate both the conflicting parties• Facilitates hearing in presence of witness• Maintains impartial judgment (for impartial judgment, there is a provision to

change the Chairman of the village court) • A platform where the judges and complaining parties are well known to

each-other. • Locally accepted judgment process• Requires minimal cost for resolution of complaints/cases• Denies to recruits lawyers • Resolve the complaints/cases within shortest time• Eliminate opportunity to transform one conflict into creating another• Considers the welfare and social recognition of both parties • Reduce unnecessary cost for resolution of cases/complaints of the people• Entitled to resolve both civil and criminal cases/complaints• Facilitates a transparent process in making judgment• A democratic justice system• Makes the decision by majority members (i.e. 4:1, 4:0, 3:1)• Discourages the appeal, if the decision made by majority member (i.e. 4:1, 4:0, 3:1)• May collect compensation or fine as per decisions or regarding this may take the

help from the lower judicial courts• Contributes to reduce the trend of social violence and crimes• Contributes to establish social justice in rural Bangladesh

The “Village Court” aims to take a decision in a way so that it ensures coexistence and mutual understanding between the protestant and the complainant to avoid further clash or dispute. The “village court” is very important and powerful local force of justice, because it:

The underlying argument lies in the village court that the disputant parties are able to discuss their problems without any hesitation and can reach to a harmonious and sustainable decision and restore the broken relationships. The final decision3 is made unanimous or consensus of majority members of the court (with ratio of 4:1 or 3:1). Village courts decisions are equally valued to those of any other formal higher courts of the country. The decision shall be binding on the parties and shall be enforceable in accordance with the provisions of the Village Court Act. The village courts can only award compensation up to 75000 BDT or pronounce order to return the property to the real owner or restore the

Figure-3a: A structure and set ofthe Village Court

3 Section-8 of the Village Court Act, 2006


possession in an appropriate case. The decision of the Court is declared in open court and recorded in the case register where the ratio of the majority of the Vote or if the decision is unanimous should be mentioned. The appeal lies only in case of a decision taken in 3:2 majority of vote and for criminal matters appeal lies to the Judicial Magistrate having jurisdiction and for civil matters the appeal lies to the Court of Assistant Judge having jurisdiction.

2.1 Structure of the Village CourtThe “Village Court” is composed with five juries headed by the UP Chairman4. Apart from the Chairman, other four members are nominated by the two parties- one from the local community and the other must be a local elected UP member (figure-3a and 3b.). If there is a reason where the involvement of Chairman is challenged by any party to the dispute, any reliable member of the Union Parishad other than those mentioned under Section-5(1) can be appointed (by UNO) in the prescribed manner, shall be the Chairman of the Village Court. It is noted here that if the cases/complaints (for criminal matters) are relevant to child and, or women, the relevant party should appoint a woman5 as representative of the Village Court.

2.2 Powers and legal jurisdiction of the Village CourtI. Powers of the Village CourtAccording to the “Village Court Act, 2006 and its amendment, 2013”, the “Village Court” has some specific power as per “which are as follows:

4 Section-5 of the Village Court Act, 20065 The amended section-5 (1) of the VCA, 2006

For Accused: 2 person

(1 UP member and1 nominated

respectable person)

For petessioner: 2 person

(1 UP member and1 nominated

respectableperson)

UP Charman

Figure-3b: Structure of the Village Court


• Can award compensation in respect of an offence specified in part I and II of the schedule and may order the accused to pay compensation of an amount not exceeding Tk. 75,000.006 [Section-7 (1)].

• May penalize up to Tk. 1000 for contempt of the court [Section-11 (1)]. • Permit the party to be represented through duly authorized person (Section-15).• Can refer the matters related to public interest and justice to the Judicial

Magistrate Courts without adjudicating by itself (Section-16).• Can recover the compensation by applying the Public Demands Recovery Act, 1913

[Section-9 (3)].• Can reject complaints or application on reasonable ground (Section-4). • Can recover fine and deposit in the account of the Union Parishad (Section-12).

II. Jurisdictions of the Village CourtThe main provision of constitutional base of village court is Article-9 of the Constitution of Bangladesh. The basic legal jurisdictions of the village court basic refer to the Village Courts Act, 2006 (Act No. XIX of 2006) and its amendment in 2013. In addition, the village court may follow the provisions of the Village Courts Rules, 1976.

The village courts have authority to deal with both civil and criminal matters. The Village Courts Act, 2006 contains a Schedule with two parts, which specifies the nature of cases and disputes a Village Court can deal with. Part one of the Schedule of the Village Courts Act, 2006 refers that the following criminal cases can be tried by the Village Courts. 1. Sections 143 and 147 of the Penal Code read with the Third or the Fourth clause

of section 141 of the Code, when the common object of the unlawful assembly is to commit an offence under sec. 323 or 426 or 447 of that Code, and when not more than ten persons are involved in the unlawful assembly.

2. Sections 160, 334, 341, 342, 352, 358, 504, 506 (first part), 508,509 and 510 of the Penal Code

3. Sections 379, 380 and 381 of the Penal Code when the crime against the cattle and the value involves does not exceed seventy five thousand taka7.

4. Sections 379, 380 and 381 of the Penal Code when the crime against any other property other than the cattle and the value of property involved does not exceed fifty thousand taka.

5. Sections 403, 406, 417 and 420 of the penal Code when the amount in respect of which the offence is committed does not exceed seventy five thousand taka.

6. Section 427 of the Penal Code when the value of the property involved does not exceed seventy five thousand taka.

7. Sections 428 and 429 of the Penal Code when the value of the animal does not exceed seventy five thousand taka.

8. Attempts to commit or the abetment of the commission of any of the above offences.

6 Amended section 7 (1) of the Village Court Act. 7 The village court Act (amendment), 2013


The second part of the schedule of the village court Act refers a set of civil matters that can be tried by the Village Courts: 1. Suit for the recovery of money on due contracts, receipts or other documents. 2. Suit for the recovery of movable property, or for the value thereof. 3. Suit for the recovery of possession of immovable property within one year of

dispossession. 4. Suit for compensation for wrongfully taking or damaging movable property. 5. Suit for damages by cattle trespass. 6. Suit for payable wages of the farmer and recovery of compensation.

When the amount claimed or the price of movable property or the value of immovable property involved does not exceed seventy five thousand taka.

It is noted here that the Village Courts: 1. Shall not try a case relating to an offence specified in Part l of the Schedule if the

accused had previously been convicted of a cognizable offence or a case relating to any matter specified in Part II of the Schedule if–

- The interest of a minor is involved in the case; - Provision for arbitration has been made in a contract between the parties to

the dispute; - The Government or a local authority or a public servant acting in the discharge of his - duty is a party to the dispute 2. Shall not apply the provisions of sub-section (1) of section 3 of the Village Courts

Act, 2006 to a suit or proceeding to establish a title to any immovable property in respect of which an order for delivery of possession has been made by a Village Court or to recover possession thereof;

3. Cannot inflict any sentence of imprisonment or impose any fine as provided in the sections of the Penal Code, 1860 or the Cattle Trespass Act, 1871 except imposing fine for defiance of summons and contempt of VC.

4. Can only award compensation up to 75,000/BDT in a criminal case and either award compensation up to 75000/BDT or pass a decree to restore possession or return the property to a real owner in a civil case.

2.3 The Proceedings of Application to Village CourtA party to the dispute can apply to the UP Chairman Concerned for the Constitution of a VC (Section 4 of the VC Act). Regarding this the application under subsection (1) of section 4 will be written in form and properly signed by the petitioner in accordance with the Rule 3 of the VC Rules, 1976. To submit the application, the petitioner has to pay only a Tk. 2 court fee for criminal cases and Tk. 4 for civil cases8. There is a provision of formal application to UP Chairman, describing the offence/conflicts issues. The application should be submitted within 30 days of the date of incidence (if it relates with criminal

8 Rule-3 of the VC Rules, 1976.


matters) and 60 days for civil matters (section-6a of the VCA, 2006). If the application has a reasonable ground, UP Chairman usually takes necessary initiatives to form the “village court” comprising of two members from each party. If the application is not accepted by the Chairman, he may return the application stating in writing the causes of refusal [Section 4(1)] in such case the aggrieved party may apply to the Court of Assistant Judge (for civil matters) or to the Court of the senior Judicial Magistrate (for criminal matters) to review the case within 30 days of refusal [Rule 5(1)]. If the Court is satisfied with the points in application he may return the application to the Union Parishad Chairman for consideration. Based on application, the “Village Court” is constituted when the parties to the dispute reside in that UPs, and the offence has been committed in the same UPs. If the disputants are residing in two different Unions, the village court is constituted in the Union where the offence has been committed or the causes of action have been arisen. In this case, each party sent their nominated representative to the respective village court in line with Section-6 (2).

On registration of the application, UP chairman has been issuing summons (under the Rule-8) to the respondent stating the date and time of his appearance before the Chairman. There is a provision that the issuance of summons has to be recorded in Form 2 for respondent and in Form-3 for witness under the [Rule-9 (1) (2)]. At this stage, the UP Chairman shall ask the both parties to nominate their members within seven days and then the Chairman shall constitute the village courts for resolution of the case/complaints.

According to section-6b (1) of the Village Court Act, 2006, the first session of the Village Court should be held within 15 days of the date of constituting the Village Court. This session will hear the both parties for defining the issues of judgement, and will take

Village Court Procedure: Flow ChartApplication for Revision to the Assistant Judge in Case of Rejection

Rejection by the assistant Judge

People cometo UP

Rejection of the application by showing causes in writing

Filing petiton to UP Chairman for constitution of VC (Union where the o�ence constituted or the cause of action arose)

Acceptance by the Chairman and issuance of notices to the parties

Mediation under rule 33 on admission. If failed

Constitution of Village CourtChairman + 2 MembersNominated by the Petitioner and 2 Members Nominated by the Respondent

Verdict3:2

VerdictFinality of decetion Unanimous/ 4:1/ 3:1 (in case of 4 Members)

Power of VC - awarding compensation/ decree/ property worth of BDT 25,000/

1. Writing application in prescribed form.2. Fair Justuce.3 Quick Disposal.4. Speedy implementation of decision.5. Awareness.

People’s expectations

Order for trial by VC

Appeal to the Magistrate of 1st Class against the dicision on criminal matters and to the Assist. Judge against the decision on civil matters. 1. Manpower/Logistics

2. Motivation/Budge3. Capacity building/Legal Awareness4. Monitoring & supervision

UP’sconcern

Figure 4: The procedures of a Village Court


necessary initiatives for mutual resolution of the cases/complaints. Regarding this, the Village Court will get 30 days for mutual resolution of the cases/complaints from the date of defining the issues for judgement in the first session in line with section-6b (2) of the VCA, 2006. There is also a provision that the Village Court can dismiss the application in case of non-appearance of the applicant due to his negligence (Rule 15), and the Village Court can hear the reported case/complaints to make the decision whenever the respondent fails to appear due to his negligence (Rule 16). After the completion of hearing, the Village Court will make a decision that will be recorded by the Chairman of the Village Court in the register and every such decision shall indicate whether the decision is unanimous, and if not , the ratio of the majority (Rule 17).

2.4 Decision of the Court and its ReviewAccording to section-8 (1) of the Village Court Act, 2006 the decision should be made with the consensus of majority members of the Village Court. The decision, which is made unanimously or (4:1) majority or out of four members appeared 3:1 majority then the decision of the Court, is binding upon the parties. The decision must be signed by the Chairman of the Village Court and be recorded in Form 4 of the Rules (Rule 20).

If the decision is made by simple majority with 3:2 ratio then the aggrieved party may appeal to the Court of First Class Magistrate having such jurisdiction in case of criminal matter or to the Court of Assistant Judge having such jurisdiction in case of civil matter within 30 days from the date of decision (section-8(2)). If the Court of Magistrate or Assistant Judge convinced that justice has not been done, he can set aside or modify the decision or can send back the dispute to the Village court for review in line with section-8(3) of the Village Court Act, 2006. If the Village Court awards any decree it must be recorded in the specific registers, and when the decision imposes any compensation or fine to any party it also has to be registered. For recovery of the pending imposed compensation or fine, the Chairman of the Village Court as Chairman of the UPs will use the provisions of the Local Government (UP) Act, 2009 in line with section-9 (3) of the Village Court Act. Then, the Chairman of the UPs will provide the recovered compensation or fine to the affected party.

2.5 Ground Observation and PracticesThe study team functionally observed the proceedings of Village Courts in the selected UPs, the findings refers seven steps, which is presented below:

Step 1: Application: Initially, the affected party submits their application, describing the offence/conflicts issues in written form to the UP Chairman. The application is duly signed by the petitioner and primarily received by the

Figure-5: Mrs Bedana Khatun submittingher application


Secretary of the Union Parishad. The applicant is obliged to provide TK 2 as fee if the case/complaints relate to criminal matters and TK 4 if it relates to civil matters (as per Rule-3 of The VC Rules, 1976). As reference, it is observed that a petitioner named Mrs. Bedana Khatun submits her application with a complaint of a family dispute with her husband in Bagutia Union Parishad of Chauhali Upazila of Sirajgonj district.

Step 2: Chairman's Scrutiny of the Jurisdiction:After receiving the application, the Chairman of the UP scrutinizes the application to see whether the cases/complaint is to be dealt with under the jurisdiction of the Village Court. If it relates with the jurisdiction of the Village Court, the chairman accepts the application and orders the UP secretary to register the case/complaint. As reference, with the consent of the Chairman, the Secretary of the Sthal Union Parishad is scrutinizing the application in accordance with the Village Court Act and Rules. After scrutiny, the UP Secretary registered the application.

Step 3: Issue of Summons:On registration of the application, the UP Chairman issues a summons for the attendance of the respondent before the UP Chairman on the fixed date and time. The issuance of summons is found recorded in Form 2 for respondent and in Form 3 for witness. It is noted here that the summons is issued for both the petitioner and respondent make sure their attendance in the fixed date and time for initial hearing. Regarding this the Chairman assigned a village police to carry the notice to both parties for assuring presence as stated date and time in the notice. The assigned village policeman also take signatures of both parties’ as a proof of acceptance of summon. As reference, a sample of issued summons of case/complaints on land matter by the Chairman of the Habibullah Nagar Union Parishad.

Step 4: Formation of the Village Court:As part of formation of Village Court, the UP Chairman asks the parties to nominate their representatives. After receiving the name of two nominated persons from two parties, the Chairman takes initiative to constitute a Village Court with five members in line with the provision of the section-5 of the Village Court Act, 2006). This includes a Chairman, two elected representative of the UPs, and two nominated persons of both parties. It is also

Figure-7: A sample summonsof the UPs

Figure-6: UP Secretary is verifyingthe application


observed that if the reported case/complaints (for criminal matters) are relates with the child and, or women, the relevant party appoint a woman9 as representative to the Village Court.

Step 5: Hearing of the Case/complaints:A Village Court may issue summons to the concerned persons to appear and give evidence, or to produce or cause the production of necessary documents if any. The procedures of hearing are largely informal. Initially, the parties and witnesses have to take oath to be part of informal hearing. The process of hearing aims to define the conflicting issues of judgement. In this case, the village court can fix up a date for a local inquiry, if needed to make a just decision on the case.

Step 6: Decision Making:The chairman pronounces the decision in "open court", and the decision of the Village Court is recorded in the register by the Chairman of the Court. This record indicates whether such decision is unanimous, and if not, the ratio of the majority by which the decision is made. The decisions, which are taken by majority members of the Village Court (i.e. 4:1 or 3:1 ratio) has taken into consideration as binding decision for both parties.

Step 7: Appeal against the Decision:The aggrieved party can appeal against the decision of the Village Court, which is made by a majority of three to two (3:2) because it is legally not binding on parties. Any party who is not satisfied with the decision may prefer to appeal. For civil matters, the appeal goes to the Court of Assistant Judges, and for criminal matters, the appeal goes to the Court of the Sen. Judicial Magistrates having jurisdiction. If the Court of Judicial Magistrate or Assistant Judge convinced that justice has not been done, he can modify the decisions or can send back the disputes to the Village Courts for review in line with section-8(3) of the Village Court Act, 2006.

Therefore, it has been observed that a numbers of stages followed in making decisions by the Village Court that includes: filing of case (application), registering of cases, issuing notice to the parties, nomination of the representatives of the parties to constitute a village court, hearing of the parties, investigating the case (if necessary), making a decision, appeal against the decision (if appealable), and enforcing the decision if binding meaning not appealable. There are no fixed rules as to how many stages there will be in the process decision making and its enforcement.

Figure-8: A feature of on-going hearing in the VC

Figure-9: Consultation of VCrepresentatives for making decision

9 The amended section-5 (1) of the VCA, 2006


3Chapter

3. IntroductionThis chapter is analyzed the reported complaints of the people to the selected Union Parishads of Sirajganj district. The information of reported complaints and its resolution status is systematically presented to explore the changes in people’s response, levels of satisfaction and actions.

3.1 Existing status of reported complaintsThe initial status on reported complaints of the Char people to UP led Village Courts reveals that only 5 UPs10 maintained official records on the reported complains out of 30 Unions in Char land areas of Sirajganj district. It means that 16.67% Unions recorded the complaints of the local people. Total 47 cases/complaints were recorded by five UPs during the period of May to December, 2013 (first 8 months). Off the reported total complaints, 21 complaints were related to land conflict matters, 10 complaints related to dower and maintenance, 6 complaints related to monetary matter (i.e. breach of verbal contract), 6 complaints related to pressure for dowry, 2 complaints related to restitution of conjugal rights, 1 related to divorce and 1 complaints related to forcible marriage (figure-10). The status of reported complains noticed that land matters & conflicts is highly prevalent in char-land areas because of people’s displacement (due to river erosion, and frequent flooding), land grabbing and verbal contract in land selling and buying proceedings and controlling of land allocations in newly settled char-land. The monetary matters are mostly linked with negligence in repaying loans (from land owners) and breach of contract. And, the dowry is linked with marriage and while the groom family failed to provide demanded dowry of the bride family, it often transformed into a complaints.

COMPLAINTS RECORDING ANDRESOLUTION MECHANISMS INTHE VILLAGE COURTS

Figure-10: Status of reported complains to the UPs during first 8 months (May to Dec. 2013)

10 5 UPs are as follows: Belkuchi, Porjana, Khaskawlia, Khashpukhuria and Maijbari.


The information of on reported complaints in the next 6 months (January to June, 2014) clearly revealed that 21 Unions11 are maintained official records out of 30 Unions in Char-land areas of Sirajganj district. It means that the practices of recording people’s complaints are improved from 5 UPs to 21 UPs. The total numbers of recorded complaints also changed from 47 to 93 complaints, which is approximately two times higher than the period of May to December, 2013. The changes in status people’s complaints clearly reveal the advancement of people’s awareness and responses in seeking justice.

The trend of people’s complaints to UPs also refers that out of total 93 complaints, 33 complaints were filed for dower & maintenance, 15 complaints for second marriage, followed by 15 complaints for land gabbing matters (Figure-11). The status denoted that dower and maintenance is as highly prevalent incidences in char-land areas because of family conflicts and second marriage of husband. Land grabbing is also prevalent due to river erosion and regular flooding. The monetary matters are mostly linked with negligence in repaying loans (from land owners) and breach of contract. And, the family matter is linked with marriage, dowry, physical assault, domestic violence.

However, the information of last 8 months on people’s complaints to UPs denoted that 29 Unions out of 30 Unions are maintained official records. It means that 97% Union Parishads recorded the complaints of the local people, which was 16.67% in first 8 months (May to Dec. 2013), 70% in the middle 6 m onths (January to June 2014). According to UP records of last 8 months, total 347 complaints were reported and it was 93 in the period of January to June 2014. Off the total 347 reported complaints, 132 complaints were related to land conflict matters, 67 complaints related to women torturing, 62 complaints related to family conflict and 42 related to financial transaction (Figure-12).

11 21 UPs are as follows: Mesra, Kawakola, Ratankandi, Ghorjan, Khashpukuria, Kashkawlia, Bagutia, Omarpur, Chargirish, SadiaChandpur, Gandhail, Potajia, Porjona, Habibullanagar, Gala, Jalalpur, Maijbari, Khukni, Beltoil, Shuvagacha, Monsurnagar

Figure-11: Status of reported people’s complaints in the 21 UPs (period: Jan. to June 2014)


The remaining 43 complaints were related to social conflict, dowry, stealing divorce and eve teasing issues. The status reveals a clear change in practices of reporting of incidences to respective local authority

If we compare the changes in three different period of time, we may define a clear advancement in recording of people’s complaints by the UPs and its status.

Table-1: Comparative Status of people's complaints to the UP led Village Courts

3.2 The status of resolution of people’s complaintsThe information on the resolution of people’s complaints by the UP led Village Courts is satisfactory. The status reveals that during first 8 months (May to Dec. 2013), out of total 47 complaints, the Village Courts mutually resolved total 45 complaints and only 2 complaints were found pending. But during next 6 months (Jan. to June 2014), out of 93 reported complaints, only 16 complaints were resolved but the remaining 77 complaints were found pending for investigation.

The resolution of people’s complaints by the UP led Village Court was reinforced during the period of July 2014 to Feb. 2015 with the additional efforts of the civil society action groups in respective UP constituencies. The status of last 8 months (July 2014 to Feb. 2015) reveals that out of 347 complaints, 270 complaints were successfully resolved and the remaining 77 complaints were in progress of resolution.

May to December '2013 47

January to June 2014 93

July 2014 to February 2015 347

Period of time Recorded people’s complaints to the UPs

Figure-12: Status of people’s reported complaints in the 29 UPs (period: July’14 to Feb. 2015)


Table-2: Status on resolution of people's complaints by the UP led Village Courts

The status on resolution of people’s complaints by the UP led Village Courts denoted that the people in char-land areas are mostly depend on this resolution mechanism to resolve their complaints/issues. Because, local people feel that:

- It requires no money; - It doesn’t bear any hassle in the resolution process; - It explores a scope for investigating the complaints; - It promotes win-win situation and assures similar number of representatives

from both parties; - It saves the time to find solution/result;- It facilitates mutual agreements and trust.

During discussion with ultra-poor groups and civil society action groups, they noticed that the UPs didn’t maintain register in recording of their complaints due to absence of their permanent office set up in Char-land areas. About 15 UPs have no own office building but they have to operate informal village court proceedings in hired/suitable places or Chairman’s houses to resolve the people’s complaints. It is very difficult for them to maintain peaceful environment in operation of informal village court. As the char-land people have very limited scope and access to formal justice system, they are mostly relying on the decision of the formal/informal UP-led village courts to resolve their complaints and issues. The satisfaction of the justice receiver found at the time of handing over the recovered money, reconciliation and societal benefits to the local community.

21 UPs are as follows: Mesra, Kawakola, Ratankandi, Ghorjan, Khashpukuria, Kashkawlia, Bagutia, Omarpur, Chargirish, SadiaChandpur, Gandhail, Potajia, Porjona, Habibullanagar, Gala, Jalalpur, Maijbari, Khukni, Beltoil, Shuvagacha, Monsurnagar

May to December '2013 47 45 2

January to June '2014 93 16 77

July 2014 to February 2015 347 270 77

Time period Totalcomplaints

people'scomplaints

Pendingcomplaints

4Chapter

4. IntroductionThis chapter is analyzed people’s perception and satisfaction on the decisions delivered by the UP led Village Courts for establishing rule of law and securing justice in char-land areas. This will also demonstrates a set of successful cases that highlighted the people’s opinions and satisfactions on the Village Courts.

4.1 Peoples’ Satisfaction on Decisions of the Village CourtThe Village Court is defined as only accessible and easy communicable rural justice delivery mechanism in selected Char-land areas of Sirajganj district. Though a section of UPs doesn’t have any formal structure (Eslash) of the Village Court, they took initiatives to continue the proceedings in an informal ways in line with the provisions of the Village Court Act, 2006 (amendment, 213) and Rules, 1976. The application of informal proceedings and domination of a section of powerful group in resolution of people’s complaints to some extent fails to satisfy the people in Char-land areas. It is fact that a more powerful or wealthy party may pressurize the weaker party to accept the unfair decision, so that the settlement may appear consensual, but in fact result from coercion. The Village Court is sometimes a tool of equity rather than tool of law. The Village Courts seek to resolve individual disputes on a case-by-case basis, and may resolve similar cases in different ways if the surrounding conditions suggest that different results are fair or reasonable according to local norms.

In spite of difficulties in operation of Village Courts in Char-land-based UPs, the opinion of almost 320 people (from 30 Unions of five Upzilas) reveals a clear satisfaction on their decisions in resolution of people’s complaints. The response clearly shows that 70% people are satisfied on the decisions delivered by the UP led Village Courts for resolution of people’s complaints (Figure-13).

Only 10% respondents show their non-satisfaction and another 5% refers that they don’t know about the village courts. The non-satisfaction is mostly recognized by the women

ROLES OF THE VILLAGECOURTS TO SATISFYPEOPLE WITH DECISIONS

Figure-13: Levels of people’s satisfaction ondecisions of the Village Courts



where they noted that in most cases, the Court proceedings guided by the men members while women have very limited space to raise their concerns in presence of men. Regarding this, Bely Akter from Natoarpara Union of Kazipur Upazila, Sirajganj strongly noticed that:

“Bichar amago moto goriber jonno noi, bichar jader taka poisa ache tader janno”

The voice of Bely noticed that the decisions of the Court are not for the extreme poor, it always favors the people who have money and power. It means that there is still non-satisfaction of a section of ultra-poor people in Char-land areas in relation to the decisions of the UP led Village Courts.

4.2 Activating the Village Court as a System of Rural JusticeConsidering the increasing load of pending cases, the Village Court is the best alternative where rural people would get justice in very nominal grievances expenses and in a cordial and informal environment. Apart from that the long standing vengeances are also mitigated whilst the dispute is resolved in their presence without too much legal jargons to play part of during the process (Biswas. Z. I. 2009). Many grievances which are never accessed to formal justice system due to its formalities and for the cause of expense can be resolved through village courts and that would contribute substantially in establishing rule of law.

During field study several FGDs and KIIs were conducted with local UP representatives, village elites and root-level people. Most of them are satisfied with the activities of village court; their gratified is expressed as follows-

“We always try to judge the complaint very deeply before decision making as the people are poor, they have no other way except depending on us and they are happy”- Mizanur Rahman, Chairman of Khashpukuria Union Parishad said about village court.

“I got my land back so I am happy; I am grateful to the village court for its justification. This land is very important to our family”- Abdul Barek, villager of Char-Kodalia in Chauhali Union Parishad, expressing his satisfaction for the decision of village court.

Historical backgrounds on general requirements of justice system: - Religious interpretation used in the traditional informal justices - Community involvement - Rural arbitration process - Various nomenclatures: shalish, samaj, panchayet, religious barrier, etc. - Rigorous tradition


Despite a numbers of local barriers, the Village Court is the only hope for the Char-land people of Bangladesh. It requires very negligible amount of money for legal proceedings of the Village Court and it bears no hassles for assigning lawyers and no difficulties in understanding the Court proceedings. It is a speedy process to deliver the decision. In average, it takes one month for resolution of a single complaint. Char-land people prefer it because it shapes to rebuild friendly relations even after the judgement and its enforcement. Parvin Akter of Bagutia union in Chauhali upazila, Sirajgonj, got justice by village court and she is very much grateful to the local judgment system.

Case on Monetary MatterPetitioner Respondent WitnessesMrs. Farida BegumVillage: PanggaciUnion: Habibullah NagarUpzilla: ShahjadpurDistrict: Sirajganj

Mrs. Hasina AkterVillage: PanggaciUnion: Habibullah NagarUpzilla: ShahjadpurDistrict: Sirajganj

1. Rahim Ali2. Fatema Begum3. Akter Hosen4. Bilkis BegumHabibullah Nagar, Sirajganj.

Case no: 17/2014Starting Date: 25/03/2014

Verdict on: 27/04/2014My name is Farida Begum, 52 years old. I have two children, one boy and one girl. My husband died 6 years ago. I have a small land where I built my house to live. I have one goat, five chickens and two ducks. I am a day laborer to live my life. From my each day work payment, I used to save some money for my future development and decided to buy one cow this summer. Suddenly my neighbor Hasina Akter came to me to lend her some money as she was in a great trouble. She requested me to lend her 5000 tk for two weeks. She promised me to give back my money after two weeks, so that I decided to buy my cow after that time. After that time I went to her for my money but she refused to give money and urged more time from me. Then I gave her one week more but she did not give my money in that day also. Days past by but she did not listen to me; unfortunately it seems she did not take any money from me! Two months went away, I got tensed; do not know what to do. In this situation, I came to know about Village Court through PRADG Project implemented in this Union jointly by MMS and CUB; following their guidelines I appealed to village court for justice. Honorable Chairman along with other member of village court set the first date of hearing. Hasina Akter was present on that day and demanded more time from the court to pay me back. Honorable village court set the second date to resolve the case and ordered Hasina to bring back all the money she took from me to the court. At last I got my money back through the fair justice of Village Court; I am very happy and very grateful to village court for its judgment. And I also would like thank Concern Universal and MMS for their guidelines.

Comments: The recorded complaint was the part of Scadule-1 (criminal case) that followed the legal jurisdiction of Village Court Act 2006 under section 6 A (1).


4.3 Lessons in operation of the Village CourtsThe UP led Village Courts in selected Char-land areas of Sirajganj district is only hope for the ultra-poor people to seek seeking justice. Though out of 30 UPs, 15 UPs have no own building to operate formal Village Court, they are trying to initiate informal proceedings of the Village Court in making decisions line with the provisions of the VCA, 2006 and Rules, 1976. With the initiatives of civil society action groups and ultra-poor groups, most of the

Case on Land Matter

Petitioner Respondent WitnessesMrs. Sabana BegumVillage: TekaniUnion: TekaniUpzilla: KazipurDistrict: Sirajganj

Md. NajrulVillage: TekaniUnion: TekaniUpzilla: KazipurDistrict: Sirajganj

1. Srruj Mia2. Abdul Hai3. Md. Karim4. Kalim AliNatoarpara, Sirajganj

Case no: 11/2014Starting Date: 21/07/2014

Verdict on: 25/09/2014My name is Sabana Khatun, 55 years old. I have six children, Two boys and four girls. My husband had died 12 years ago. My husband has two brothers and two sisters. Before my father in law’s death, he allocated and distributed his land with home among his children equally. Everything was going well and I am nurturing my children. When my husband died it seemed I fell into the ocean then two years later my husband’s bother exploited us by grabbing our land. One of my husband’s brothers grabbed my 4 decimal lands and he told me my husband had sold the land to him. Their economic condition is better than us and he sometimes influences the political leader. I always discuss the matter with chairman and local political leader. One day my younger brother told me about the village court. My younger brother came to know the PRADG project and village court. I came to know about Village Court through PRADG Project implemented in this Union jointly by MMS and CUB; following their guidelines I appealed to village court for justice, at least to get rid of exploitation. The court kept the record carefully and set the date of hearing. At the first date our opposition snubbed me and my family on the village court but he could not prove that my husband sold the land to him and disaccord the court. After one month honorable village court set the second date for hearing; though I and my witnesses were present but opposition did not come to the court. To resolve the case the court sent the third notice to the opposition setting another date of hearing. Second time my opposition abstain from the court. Third time by suppression of village court he had attended the court. The honorable court and jury board verdict the case which was in favor of me and I got back my husband’s land.

Comments: The recorded complaint was the part of Scadule-1 (criminal case) that followed the legal jurisdiction of Village Court Act 2006 under section 6 A (1).


UPs started to register people’s complaints, which is missing initially in Char-land areas. The lessons learnt from the analysis of people’s cases/complaints are as follows:I. It is a short process of resolution of the problem issues: According to village court act 2006, Criminal cases are to be filed within 30 days after

the incident had happened (Section-6A, Village Court Act 2006) and for civil cases it would be within 60 days (Section-6B, Village Court Act 2006). After application of the petitioner the court will set a hearing date within 15 days according to the Village Court Act-2006. It should take 30 days for verdict otherwise 60 days and lastly 30 days more for final verdict.

II. We can avoid politics and harassment through mutual process of Shalish: Village Court is defined as the people centered state-led rural justice system in

Bangladesh that aims to resolve minor cases/complaints of the people in rural areas. Considering the 30 UP-led Village Courts, 10 UPs are performing their active roles to activate the Village Court system for resolution of people’s cases/complaints. The remaining UPs also functional in recording of people’s complaints and operation of informal Village Courts in line with the proceedings of the Village Court Act and Rules. It is fact that formal Shalish system is often driving with political biasness and practice of hidden bribe where the poor people face harassments and unfair justice. Regarding this, a section of ultra-poor people noticed that:

“Shalish is not good because of bribing. People who have money bribe the local elites. I do not like Shalish. I got my money back through village court within very short time. I am pleased to village court”- Sahera Khatun, villager of Porjana Union Parishad, said to compare shalish and village court.

“We have no village court in our union parishad. We have no other way to resolve our problems. Shalish is not always fair but we have nothing to do because we need to solve our problems”- Rahima Akter, villager of Gala Union Parishad, said in grief as there is lack of village court activities.

“To get fair justice I went to the shalish but I did not get. My appeal to Village Court and its fair judgment gave me my land back. Now I always go to village if I face any problem.”- Alam Mia, Villager of Habibullah Nagar UnionParishad, said about his case resolved by village court.

But a Shalish with good intention can successfully resolve deputes between parties which might be beneficial for both by simply following the provisions of the Village Court Act 2006 and Rules, 1976.

III. We can identify the types of incidences and disputes that usually occurs in Char areas: People in Char-land areas are mostly familiar to each other and therefore their

disputes are mostly occurs with the neighbors families, within own families and relatives that can be solved through the Village Court. The trend of incidences in


selected Char-land areas clearly reveals that land related conflicts, women torturing, family conflicts and monetary matters are the main types of incidences and disputes in Chart-land areas of Sirajganj district (see the fugure-12). So, mutual resolution of such incidences through the Village Courts can contributes to generate a peaceful environment in the Char-land areas.

IV. Persecution of women from mainstreaming can be stopped: In Chra-land areas, it has been observed that a

large section of women are facing difficulties of domestic violence. Due to male domination in all spheres of lives, women have limited voice and control over their lives where they face serious deprivation and injustice. Persecution of women is seen in Char-land areas of Sirajgonj that reflected in the reported complaints of women to the UP led Village Courts. With the integrated efforts of civil society groups and the UPs, women are now reporting to their incidences as complaints to the UP led Village Courts to seek justice. In addition, women are now being part of regular community based interactions that contributes to uphold their confidence to raise their issues. This has made a significant to change in the lives of women and girls in Char-land areas. As reference: Mrs. Amena Khatun of Paranpur village in Maizbari union of Kazipur upazila, Sirajgonj has a bright laugh for the solution of dispute with her neighbor through the Village Court.

V. Desires of people to resolve minor family problems in their own community: Many local disputes are being solved through the Village Courts. Earlier, there was a

common practice of Salish that widely done by the local UP members and social leaders. It is still observed in some areas where the local UP members and social leaders tried to resolve few minor issues in domestic spheres without reporting to the UP led Village Courts. A section of char-land people also rely on such resolution process. They feel that if they resole their minor family problems/issues in their own village, this will reduce the trend of some common family problems/issues in char villages.

VI. An ideal Union Parishad to carry on justice through Village Court: Off 30 Char-based Unions of Sirajgonj, only 3 Union Parishads are successfully running

with formal structure of Eslash and documentation procedures in line with the Village


Court Act, 2006 and Rules, 1976. Due to application of proper proceedings, people are mostly relying on their decisions. Beltoil UP is one them that conducting the Village Court successfully to resolve people’s reported cases/complaints.

VII. Challenges for activating Village Court as formal justice system in Char-land areas: The selected 30 Char-based Unions of Sirajganj district are still facing several

challenges to carry out the regular Village Courts. There is found knowledge gaps in understanding of the legal provisions and proceedings of the Village Courts in line with the Village Court Act, 2006 and the Rules, 1976. Out of 30 Unions, only 3 Unions (i.e. Beltoil, Rajapur and Tekani Unions) have formal structure of the Eslash of the Village Court. The remaining are struggling to manage the space, equipment’s and necessary funds to operate the Village Courts in a formal ways (table-3). It has been observed that the Unions who have formal structures and set up of the Eslash for operational of the Village Court, the UP Chairman, members and the Secretary are found more

A Successful Village Court

Beltoil, A union of Shahjadpur Upazila of Siralgonj district, located by the side of a scenic river always a busy hub for fulfilling peoples’ need. According to our field study this union is one of the 3 unions among 30 unions of Sirajgonj that has complete structure and exercise of ideal village court. Honorable Chairman of this union Mr. Rezaul Karim along with other respective union members duly forms village court to solve regular problems of the people. The union parishad secretary Mr. Azad Hossain is more careful in complaint management, registration and to set the hearing date of cases for

justice in village court. “I always careful about peoples’ ailment because they are poor and helpless; with less time and money they need dispute resolution”- said Mr. Azad. People of this union are quite happy for the performance of the village court. In required time period almost all cases were solved last year and this year rest of the cases are going to resolve in due time by Beltoil

union parishad village court. In this union parishad all the records like complaint registration, summon notice, hearing papers, witness record papers are maintained as of government approved format. According to the union chairman, he does not support shalish system and now as government has ordered to operate local justice through village court, he regularly sit to resolve the cases abide by low of Village Court Act-2006.

× √ × √ × × √ × √ × × √ × √ × × √ × √ × × √ × √ × × √ × √ × × √ × √ × √ √ √ × √ × × × √ ×

Shovogaca

MaizbariGandail

Char Girish

Nishchintipur

Natoarpara

Monsurnagar

Tekani

Khashrajbari

22

23

24

25

26

27

28

28

30

Kazipur


active, well aware about the legal proceedings and delivery of the just decisions through the Village Court. They are strongly practicing the registers for all evidential events as per VCA, 2006.

Table-3: Village Court Infrastructure in 30 Unions of Sirajgonj (Up to February 2015)

× √ × √ √ × √ × √ × × √ × × √ × √ × × √ × √ × × √ × √ × × × × × √ √ ×

√ √ √ × √ × √ × √ √

× √ × √ × × √ × √ √ × √ × √ × × √ × √ ×

× × × √ × × × × √ × × √ × × × × √ × × ×

√ √ √ × √

× √ × √ × × √ × √ × × √ × √ ×

SL Nameof

Upazila

Nameof

Unions

Ezlashfor

Judgment

MaintainCompliant

Record

Spacefor

Ezlash

Shalishstill in

Practice

VillageCourt

SystemGhorjan

Omarpur

Bagutia

Khashpukuria

Khashkaulia

Sthal

Sadia Chandpur

Beltail

Habullah Nagar

Potajia

Porjana

Khukni

Jalalpur

Sonatani

GalaBelkuchi

Baradhul

Rajapur

Kawakhola

Mesra

Ratankandi

1

2

3

4

5

6

7

8

9

10

11

1213

14

15

16

17

18

1920

21

Chauhali

Shahjadpur

Belkuchi

SirajgonjSadar


There are many challenges before the village court as an active formal justice system at rural level. The key challenges are as follows:

• Out of 30 UPs, 15 UPs have no own office building that running with the hired places or Chairman’s own houses/spaces. In such a situation, there is very limited scope to operate formal Village Court to deliver fair justice. The problems of office space also restricting the process of keeping reported cases/complaints of the people.

• It has been observed that more than 60% UP representatives and social leaders have no basic knowledge and understanding on the legal proceedings of the Village Courts. They are often operating Salish like informal Village Courts in Char-based UPs.

• Due to displacement of people through regular flood and river erosion, the accused or opposite party to some extent found absent in the hearing session that makes the decision delivery process delay.

• There is no functional monitoring system of the Village Court activities administered by the local administration.

• The application of informal system in operating the Village Courts extends the scope of misusing the political power of some UP members and social leaders that to some extent deprive the indigent litigants.

• At the time of counseling session, the respondent /accused do not accept the complaints which remain the impossible circumstances for the decisions favoring the aggrieved party.

• Lack of logistic support and misunderstanding of the disputed parties to some cases creates uncertainty to enforce the decision of the Village Courts.

• The members of the Village Courts do not have formal or informal training on the legal proceedings for resolution of the disputes.

4.4 Recommendations for reinforcing the Village Courts:The analysis of information and people’s perception that taken in 30 Char-based Unions of Sirajganj district led the research team to develop a numbers of recommended actions. This could potentially be undertaken to address some of the problems and challenges that exist in the Char-land areas in order to active the Village Court for better resolution of local disputes. Considering the ground information and opinions of diverse group of people (community people, UP officials, NGO activists, OCs of the police stations and UNOs), the study sets the following recommended actions to resolve local disputes through the Village Courts:

• Ensure that all UP led Village Courts in Char-land areas have logistics, resources and administrative support to operate formal proceedings as strong and powerful institution for resolution of local disputes.

• Ensure that all UP Chairman, Members (including women members) and potential civil society and social leaders have adequate knowledge and understanding on the legal proceedings of the Village Courts to deliver the fair decisions.


• Ensure that the rules for refusal elaborated when a chairperson of the village court has family or business relations with a party in the dispute.

• Ensure that the proper authority (i.e. UNO) regularly supervised and monitors the functions of the Village Courts.

• Ensure that the operational proceedings of the Village Courts functionally applies and maintains human rights principles and fundamental rights of all for greater reliance on the their decisions.

• Ensure that the poor petitioners have adequate opportunity and space to raise or represent their concerns to the authorities of the Courts for making fair justice.

• The rights-based and legal aid organizations should have to extend their cooperation and support to raise people’s awareness, to activate procedural functions of the Village Courts and to monitor the legal compliance as response to people’s complaints.

• Engage in more action research into the demand for justice and the impact of the various justice institutions on the lives of Bangladeshis, and make use of this information in the design of policy.

• Following standards are to be taken into account while examining the standards of proceedings: - Rules of "fair play" for issues of social justice- Social justice requires both that the rules be fair, and also that people play by

the rules.- Equity, Equality, Neutrality, Consistency, Fair Share, Fair Play and Trust. - Symbol of social harmony.- Spirit of social coherence. - Ahead of undue influence.- Presence of third party to monitor the functioning of the arbitration.- Standard procedures of judgment lead to reasonable verdict.- Presence of judgment capacity of the judges.

The analytical study aimed to understand the roles of village courts in resolution of human rights violations problems/issues in selected char-land areas of Sirajganj district by:

• Analyzing the structures, functions, power and legal jurisdictions of the village court (in line with the VCA, 2006);

• Analyzing the complaints recording and resolution mechanisms of the village courts; Analyzing the roles of the village courts to satisfy the local people for establishing rule of law and securing justice in char-land areas

4.5 ConclusionThe study was aimed to understand the roles of Village Courts in resolution of local disputes for advancing local justice in context of Char-land areas of Sirajganj district. Village Court is the defined as potential state-led institution that drives with the law and


rules and administered by the UPs to deliver justice at the Union level. It has got immense potentiality to render justice at the grass root level to the poor, women, children and disadvantaged people. As it is observed that the formal justice system in Bangladesh is overloaded and mostly inaccessible to poor and vulnerable groups, the Village Court can be an alternative to resolve minor cases/complaints of the local people to deliver justice in rural Bangladesh. It is fact that a section of people in Char-land areas are not well aware and non-familiarity about the legal proceedings of Courts, and even some UP Chairman, members and social leaders who regularly operates the proceedings of the village courts doesn’t have adequate knowledge of the legal proceedings of the Village Courts. Regarding this, the existing rights-based and legal organizations have a scope to extend their cooperation and support to make the people well aware on the proceedings of the village courts that may contribute to deliver justice in rural areas of Bangladesh. In addition, civil society groups can also play vital roles to initiative regular interactions among diverse group of people so that they can understand the proceedings and enable to raise their concerns in the hearing of the Courts for seeking of justice.

It has been observed that majority of the chairmen and members in Char-based UPs are fresh face and some of them first time elected as representatives of the UPs. They don’t have any basic training about the human rights standards and proceedings of the Village Court. A numbers of UPs doesn’t maintain any prescribed format and not keeping valid evidence of the reported complaints/cases to support for resolutions of disputes with justice. It is continuing because there are no supervisions and monitoring mechanisms of the higher authorities. The success of the Village Court depends on the leadership, competency, status and positions of the chairman and members of the village court. It was revealed that the party alliances of the chairmen and members sometimes acted against doing justice. The chairman and members sometimes hesitates to take appropriate and strong action against the influential persons for losing votes in the next election. If the accused belonged to the party of the chairman or members and if this relationship could not be detected before selecting the chairman and members, there is little chance of getting justice from the Village Court. Negative perceptions of both the service seekers and providers towards the legal institutes are also a great challenge is dispensing justice through village court. Local police is also skeptic about the performance and efficiency of this court. Limited jurisdiction of Village Court and complexity of the process is also a challenge in effective functioning of village court. In brief, rural justice systems sometimes do not work well in the context of extreme power imbalance between parties. A more powerful or wealthy party may press the weaker into accepting an unfair result, so that the settlement may appear consensual, but in fact result from coercion. Rural justice systems are sometimes tools of equity rather than tools of law. They seek to resolve individual disputes on a case-by-case basis, and may resolve similar cases in different ways if the surrounding conditions suggest that different results are fair or reasonable


according to local norms. Finally, in response to a question on how to make the Village Court more effective in dispensing justice, one respondent (Local elite, a retired Government Officer) stated that necessity of appointing knowledgeable persons.

He also suggested the separation of judicial matter of Village Court from the normal local government activities of the UPs. He noticed that the UP Chairmen and members are actively engaged in development activities and active member of political parties. If the government appoint a retired government officials (like retired police/army personnel) of the locality or a retired teachers as honorary magistrate in village court and nominate few other members for three to five years with a honorarium can make Village Court active and functional. UNO of Shahjadpur upazila stated that, for constituting the village court, certain formal procedure has to be followed. From filing complaint to the stage of decision- everything must be done in accordance with the law. On the other hand, Shalish has no formal procedure and no legal framework. So, in most cases chairman and members are not interested in Village Court. Rather they send the matter to Shalish or settle the matter out of the court to avoid the procedure. So, the village court act/rules should be amended in such a way that the court procedure should be simple and it can reflect the reality and needs of society today. Service seekers of both the union noted that though village court takes seat in the Union Parishad building, which is within easy reach of the villagers and geographically accessible but the major problem is to find out the UP chairman and member of the UP because there is no specific office hour for them. There should be specific time for the service seekers to resolve the local minor disputes.

“Nothing could improve the efficiency of village courts more than appointing knowledgeable and experienced persons who have demonstrated both courage and common sense in their past lives.”


REFERENCES

Biswas Z.I (2009), Access to justice through state-led rural justice system in Bangladesh: A study in Kansat Union Parishad, Research Initiatives Bangladesh.

Jahan, F (n.d ). From rule of law to legal empowerment of the poor in Bangladesh: Towards and agenda for change. [Online]. Available at: http://www.scribd.com/ doc/87143163/4-3-Access-toJustice [accessed February 2013]

Siddiqi, M Dina (2004). Shalish and the quest for gender justice: An assessment of strategic interventions in Bangladesh, Research Initiatives Bangladesh.

Quader, Abdul (1995). The Functioning of Village courts in Bangladesh, (Kotbari, Comilla, Bangladesh: Bangladesh Academy for Rural Development)

Village Court Act (Amendment), 2013.

Village Court Act, 2006.

Village Court Rules, 1976.

Village Courts in Bangladesh Baseline Survey, 2009.

cub-village court study

Documents