Law Analysis
The Draft Village Court (Amendment) Act 2012
Commitment for informal justice: Practicable or impossible?
Mohammad Golam Sarwar
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Photo: article.wn.com |
Access to justice is an important element of rule of law which is instrumental to safeguard the rights of individuals by ensuring “access” to justice system when rights of individuals are under threat of violation and insecurity. To ensure “access” to justice for the large amount of population in the rural area Village Court Act 2006 are functioning which reduces burden on the formal justice system to a large extent as petty disputes are being settled by this aforesaid court without requiring the sufferings of prevailing justice system. In line with this, recently the Cabinet approved the Draft Village Court (Amendment) Act 2012 containing few changes upon which this write up will focus.
The Proposed Act made changes in the provision of formation of Village Court increasing the number of members of a village court to five which is three under existing framework. As per the draft law, one of the members of the village court must be the member of a Union Parishad including UP chairman who will chair the court and there must be a woman representative if the court wants to settle any women or children affairs related disputes. This particular provision deserves attention from two aspects. The first one is the mandatory requirement of inclusion of UP chairman and member as well. The underlying objects here for quick disposal of minor cases at the lowest tire of local government system. This provision reflects an urge to strengthen the local government system which is a preferred framework to ensure good governance over local arena. But the regretful point is that the local government bodies particularly the Union Parishad are fighting to deliver service due to lack of institutional capacity along with financial constrains.
Another noting point is the election process of local government which is found in reality questionable, and the exercise of voting suffers from lack of transparency, and incredibility. By this process the opinion of local people to select their representative at local level often remains unheard vitiating the true essence of right to vote. Accordingly, the voices of local people are neglected and local representatives are elected through the facilitation of political influence which does not correspond with the norms of free, fair and incredible election.
Now the practical question comes into operation that to what extent the UP chairman or other local representatives elected through political influence will be competent and reliable to settle local disputes? This question poses an uncooperative implication over the justice delivery process at local level through this proposed draft Act. Unless the election processes are made free, fair and participatory where the representation of common people are ensured, the extended formation of village court may not get its true functionality and the ultimate purpose of reducing burden of case backlog by the informal justice system may be frustrated.
However, the second aspect of this provision reflects the utmost commitment of state to empower the voices of women by their participation in the formation of village court. Their meaningful participation will takes into consideration the interests and perspectives of women in terms of decision making at grass-root level which will facilitate to attain the goals of equality and formulate the village court going beyond the exclusive domain of male in exercising power.
But mere incorporation of a provision for women participation would be in futile in the context of Bangladesh particularly in the local level unless their capability approach are made strong to raise their voice against injustice and oppression and make them able to come out from the scenario of subordination and vulnerability.
For the attainment of capability approach and advancement of women the constitutional pledges inserted in Article 28(4) should be implemented with due consideration to make them capable for their assertions and entitlements. Only then the Village courts can be a platform to ensure the effective participation of women and accelerates their empowerment process.
Other notable change in the proposed Act is the increasing of fine to deal with complaints involving a maximum amount of Tk 75,000 which is now Tk 25000. This insertion widens the jurisdiction of the court and creates a sense of assurance for awarding remedy to the aggrieved party with adequate amount of fine.
From the above analysis conclusion can be drawn that the underlying commitments to deliver justice for the rural people under this proposed Act will make some impression to ensure “access” to justice of the common people and at the same time contribute to the informal justice system of this country. For this, the commitments must be accompanied with necessary measures and obligations for the effective implementation of this proposed Act.
The writer works with Law Desk, The Daily Star.
