Need for reactivating village court underscored

16 May 2010, 18:00 PM

Staff Correspondent

Speakers at a national roundtable yesterday underscored the need for reactivating village court system that can help bring justice to the doorstep of the rural people. They were speaking at the dissemination of a baseline survey report on village courts under a project titled 'Activating Village Courts in Bangladesh' implemented by Local Government Division. They said the judicial system is currently over burdened with pending cases delaying justice. Village court can ease this burden; at the same time provide justice to the rural people free of cost. Speakers said to benefit from its services it is urgent to remove the shortcomings and at the same time it is necessary to promote a village court that will play a neutral role. Government's plan to reactivate village court in rural Bangladesh on large scale was however differed by local government expert Prof Tofail Ahmed. Speaking to The Daily Star after the roundtable, Prof Tofail said, "The structure and jurisdiction of village court under the current law is quite weak to provide judgment on many serious issues. Besides providing judicial power to the elected representatives of Union Parishad (UP) might create scopes to misuse of power" Instead, he suggests that the currently dormant village court can play an important role in arbitration among disputing parties outside formal court, however, not more than that with the current structure. Prof Tofail advocated expansion of lower court at upazila level. The village court system first established in 1976 in Bangladesh to provide justice at the grassroots level has failed to achieve the objectives. The village court is being revitalised in 500 union parishads in 17 districts with the assistance of UNDP under the project. Village court will be expanded in all 4598 union parishads across the country, State Minister for Local Government and Rural Development and Cooperatives Jahangir Kabir Nanak told the roundtable. "The government plans to ease the burden on judicial system to some extent by bringing the justice service at the grassroots level through village court, which will also be free of cost", he said. Chairmen of different union parishads said there are possibilities of politicisation of the village court system. Besides the UP chairman does not have any policing power to execute the judgment, which is a major shortcoming that needs attention, they said. Tofazzel Hossain Mallik, chairman of Shankorpahsa union parishad in Pirozpur said, "Considering the current political practice in Bangladesh there is a scope that the village court will be politicised. The members of the court can also be tempted to misuse the power bestowed upon them" Mallik, however, thinks strict monitoring can overcome this shortcoming. On the other hand he pointed out some other weaknesses of the current structure, one of which is the fund shortage or lacking of infrastructure. "Village court does not have a separate budget or designated office. UP runs its operation with money collected as holding tax. Village court pulls out its expenses from that fund meant for other development purposes" He also pointed out shortage of manpower to run such justice system.