Victim's Access to Justice System in Bangladesh: a comprehensive

study.

Author(s):

Author 1:
Mr. MD.OMAR FARUK
Associate Professor
Department of Criminology and Police Science
Mawlana Bhashani Science and Technology University
Santosh, Tangail, Bangladesh-1902
Cell Phone No: +8801712955690

Author 2:
Mr. MOHAMMAD ASHRAFUL ALAM
Associate Professor and Chairman
Department of Criminology and Police Science
Mawlana Bhashani Science and Technology University
Santosh, Tangail, Bangladesh-1902
Cell Phone No: +8801733173548

Author 3:
SYED MUSA KAJIM NURI
M.Phil Researcher, Department of Sociology, Dhaka University, Dhaka, Bangladesh
MS and BSc (Honours) in Criminology and Police Science,
Mawlana Bhashani Science and Technology University,
Santosh, Tangail, Bangladesh-1902
Cell Phone No: +8801557020587

Duration: February 01, 2013 to June 30, 2014

Budget: 1, 50, 000 BDT (Approximately 1923 US Dollar)

Funding Agencies: Department of Criminology and Police Science,
Mawlana Bhashani Science and Technology University,
Bangladesh.

1

 Victim's Access to Justice System in Bangladesh: a comprehensive
study.

Abstract
Ensuring equality of access to legal redress is an important state obligation under the Human
Rights Act of Bangladesh .Knowledge of law is most valuable when it is converted into concrete
action. Therefore this study aims to assess knowledge and perceptions of law and rights and
remedies within particular communities, to identify capacity gaps within existing justice system
to meet public needs and to describe the scope and extent of legal support services available to
marginalized and disadvantaged populations, in particular women. Informal system like
community mediation cannot always deliver restorative justice to the rural poor and
marginalized women. They are subjected to the same reality as the village court’s pecuniary
jurisdiction is inadequate. Outcome of this study suggests that people’s perception about
‘human rights’ is traditional. The village people are more likely to take resort to community
mediation to resolve their disputes or when they become victim of any violence or crime.
Respondent’s views are more likely to support the proposition that women generally enjoy more
freedom and they are more empowered than before. But majority number of women who
became victim of violence can neither get desired justice from community mediation nor get
good treatment from doctors, police officers and lawyers. Last but not least, value of this study
lie in the fact that it has underlined the possible areas of interventions. Respondents of this
study were 60 local government representatives, 120 community leaders, 280 rural women and
men, 80 marginalized women and 80 women who became victim of any violence or crime.
Twenty Unions were randomly selected from 5 Upazilas Mymensingh District of Bangladesh.
Both the qualitative and quantitative techniques were applied in this paper. The research tools
helped in evaluating the perception level of the village people about ‘human rights’, ‘justice’ and
‘access to justice’. This comprehensive study counted on information and views collected by
questionnaires and ‘Focus Group’ discussions and based its findings on firsthand-data.

Key Word: Victim, Violence, Justice, Access to Justice, Marginalized Women

2

1.1 Introduction
This study was intended to assess the level of perception of the rural poor, community
leaders and local government representatives about some basic concepts related to
rights, justice and related issues. Particularly, they were asked about what they
understood by human rights, what was the meaning of justice, did they have easy
access to justice, what did they consider merits and demerits of the formal/informal
justice and did marginalized women get justice?

Rural people’s perception about ‘human rights’ and ‘justice’ is indigenous and can be
categorized as ‘lay people’s perception’, because they do not have any learning or
training or education on ‘human rights’, ‘justice’ and other related issues. It is interesting
to note that many of them have some understanding about ‘human rights’ and they
named a number of rights, but they do not have basic knowledge about ‘human rights’
and ‘justice’. They, except very few, have no understanding about ‘access to justice’.
But their understanding about community mediation1 and village court 2 appeared to be
satisfactory.

This study has been conducted to know the perception level of the local government
representatives, community leaders and rural poor about formal and informal justice
system, their worth and drawbacks, poor people’s level of opportunity to get justice from
state-run-judiciary, village court and community mediation and the possibility of
promoting gender-sensitive mediation.

This study has put special emphasis on human rights of the rural poor, particularly it
wanted to know whether the marginalized women got justice when they became victim
of rape, acid-throwing or any other violence or harassment. This study has underlined
that training, ‘Focus Group’ discussions and different types of awareness programmes
will make the rural people conscious about ‘human rights’, ‘justice’ and ‘access to
justice’ and related issues.

1.2 Objectives of the Study

The concepts of justice, both legal and social, have been strongly embedded into our
constitutional dispensation. Equality, justice, human rights are some high ideals for
which Bangladesh has been established. In this context, the research has been

1
Community mediation or ‘grameen salish’ is a traditional method to resolve village disputes with the help of community leaders or
elderly people by discussing with the adversaries.
2
Village Court or ‘Gram Adalat’ was established by the Village Court Ordinance 1976 of Bangladesh and replaced by the Gram
Adalat Ain 2006 of Bangladesh and village court has been given jurisdiction to adjudicate minor civil and criminal cases in village
areas.

3

conducted to make a preliminary assessment as to what the people think about ‘human
rights’ and ‘justice’, whether the poor people have access to justice and how to ensure
easy access of them to justice through community legal services.

This preliminary assessment by study will be conducive in understanding the real

picture of the grass root. The people, namely, local government representatives,
community-leaders and women and men, have their own traditional understanding
about human rights condition and justice delivery system. This cannot be understood in
isolation of their existing socio-economic reality. Particularly, their perception, initiative
and endeavor to reach justice to the poor people through traditional mechanism and
how to make it more effective are important. In addition to the main objectives, this
study has some specific objectives which are as follows:
• To observe and evaluate rural people’s perception about ‘human rights’, ‘justice’
and ‘access to justice’.
• To determine the value of the existing systems of dispute resolution, both formal
and informal, in ensuring justice for the people, including impoverished and
marginalized women.
• To know the views of the people about the merits and demerits of the formal and
informal justice system and to identify the factors for which the poor people have
limited or no access to formal justice.
• To identify the condition of rural women within and outside family in terms of their
socio-economic condition, their subordination to males, and finally their
helplessness to the patriarchy.
• To reveal the real life situation of the villages whether it can ensure security of
the women within and outside home and whether a woman is properly heard and
her cause has been sufficiently addressed if she becomes victim of violence and
submits to community mediation.
• To uncover experiences of the victims about their encounter with formal system
when they have approached the government doctors, gone to police stations and
courts to get justice.

1.3 Literature Review

Ahmed (2012) conducted a study on Legal Aid and Women’s Access to Justice in
Bangladesh, where ‘Justice’ is defined as the state of affairs when a ‘person has been
given what he is due or owed, and therefore has been given what he deserves or can
legitimately claim’. Scholars, however, have identified various factors which present as
‘barriers’ to access to justice and restrain people to attain their legitimate claim.

4

Hutchinson argues that barriers cause a difference between availability and access to
justice. When discussing barriers to access to justice, Scholars have identified broadly
two different types of barriers: ‘subjective barriers’ and ‘objective barriers’. Subjective
barriers relate to intellectual and physiological barriers including ‘age, physical or
intellectual deficiency the attitude of state functionaries such as the police, lawyer and
judges’. The ‘objective barrier’ relates to ‘purely physical barriers’ including geographic
dispersion of courts, availability of claims officers and lawyers, ‘cost of obtaining legal
redress’, ‘delay in legal proceedings’ and ‘structural complexity of the legal system’. As
observed in literature, due to their more vulnerable condition in the society compared to
men, the high-cost and long disposal time of litigation compound to make it harder for
women to access the formal justice system. Therefore, due to delays in courts and high
costs of litigation women have difficulty accessing the benefits of many protective laws
guided by the personal laws or other secular laws to enhance women rights in the
society. In fact, mere presence of legal rights will not ensure justice to women if there is
not an effective mechanism to make those legal rights accessible to them.3

Doza (2013) stated in his article that, 60% of violence suffered by women occurs within
their home, and 53% of women experienced sexual or physical violence from husbands.
Being vulnerable in a patriarchal society, women face various types of domestic
violence in Bangladesh. In a recent study (Centre for Policy Dialogue, 2009) it has been
observed that mainly four types of domestic violence occur, i.e. physical, psychological,
economic and sexual abuse and violence; all are prevalent throughout Bangladesh.
Most of the victims (93%) reported in the study that they had experienced physical
violence; only 13 per cent reported of having experience of sexual violence, 91 per cent
of victims reported economic violence and 84 per cent reported psychological violence
committed by their husbands. Occurrence of domestic violence varies little in terms of
urban-rural divide. A ICDDR,B study shows that among ever-married women, 40% of
those in the urban area and 42% in the rural area reported physical violence by their
husband (ICDDR,B,2006). However, sexual violence by husband is more prevalent in

3
Ahmed, C.J. (2012). Legal Aid and Women’s Access to Justice in Bangladesh: A Drizzling in the Desert. International Research Journal of Social
Sciences, 1(3), 8-14, ISSN 2319–3565.

5

rural areas (50%) than urban areas (37%), according to the study. We often focus on
grave social and health impact of domestic violence as it creates social instability,
insecurity and gender disparity. But the economic impact is also immense, which
remains unseen most of the time. A CARE study shows that domestic violence costs
2.05 percent loss of Bangladesh’s Gross Domestic Product (GDP) worth around Tk 15
crore (US dollar 1,92,308) annually. Most domestic violence involves male anger
directed against their women partners. Cross-cultural studies of wife abuse have found
that nearly a fifth of peasant and small-scale societies are essentially free of family
violence. The existence of such cultures proves that male violence against women is
not the inevitable result of male biology or sexuality, but more a matter of how society
views masculinity. The causes of domestic violence identified range from sexual
inequality within a patriarchal system, poverty and a lack of understanding of women’s
rights to, alarmingly, corruption within the justice system. Many cases of domestic
violence go unreported; the majority of them are not brought to court; few are awarded
convictions. The WHO (World Health Organization) Multi-country Study on Women’s
Health and Domestic Violence against Women (2005) showed that less than 1% of
physically abused women reported the matter. It is a matter of concern that a culture of
acceptance, even, has grown and is being transmitted from generation to generation to
the point of being institutionalized. A study of BNWLA (Bangladesh National Women’s
Lawyer Association) shows that 30 percent of women think that husbands have the
“right” to inflict physical violence upon their wives.4

Bhuiya, Sharmin, and Hanifi (2003) conducted a research on Nature of Domestic

Violence against Women in a Rural Area of Bangladesh and in their study they shows
that, Domestic violence against women (DVAW), especially beating wives by husbands,
has been common in all culture perhaps in all times. Bangladesh seems to be no
exception. Newspaper reports in the country clearly indicate that the prevalence of
violence against women is very high. National data on the general population do not
exist. However, small-scale studies support the above conviction. As of now, the
estimate of the prevalence of physical violence against women by husbands in

4
http://archive.thedailystar.net/beta2/news/domestic-violence-still-pervasive/

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Bangladesh varies between 30% and 50%. Despite the seriousness of the problem in
terms of violation of human rights and public health consequences, there is a dearth of
knowledge on the extent, nature, and the context of DVAW in Bangladesh and other
developing countries for various reasons. Of them, methodological difficulties in
studying the topic are the important ones. Interventions to alleviate the problem have
mostly been driven towards reducing the harm after the incidence through medical
treatment and counseling. Preventive efforts, on the other hand, have been limited to
enactment of punitive legislative measures against the aggressor for abusing women.
Although the incidence of domestic violence against women directly involves husband,
wife, and other family members, and is possibly perpetuated by the societal context, a
family and/or community-centered approach to alleviate the problem has largely been
absent so far.5

Hossain (2012) examined in his research that, the formal judicial system of Bangladesh
is very expensive and follows a lengthy procedure. Poor people living in rural area are
rarely able to use this formal legal system to get justice remedies. The costs of
engaging a lawyer, the time and the related cost spent in court, the level of skill,
education and expertise required to litigate serves as barriers in access to justice. Poor
people therefore prefer or rather have no choice but to use the traditional justice
mechanisms like Shalish (Mediation). But it is evident that Shalish is a very informal
form of local judicial practice which is very much influenced by the people who belong to
the power structure in rural society. With the passage of time people with vested
interest, even in some cases musclemen dominate in the village level informal justice
system. Village courts had emerged in mid-seventies with a view to improving the
situation of “Village Shalish”. Village Court works under the aegis of a Union Parishad,
the lowest level of elected administrative body for rural administrative unit called Union.
This state-led rural justice system like village court is playing an important role in
resolving rural litigation of petty nature for the last thirty-five years but in a slow pace

5
Bhuiya, A., Sharmin, T., & Hanifi, S.M.A.. (2003). Nature of Domestic Violence against Women in a Rural Area of Bangladesh: Implication for
Preventive Interventions, 21(1):48-54, ISSN 1606-0997.

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and informal manner. In the changing scenario of rural political power structure this age
old court is facing challenges in dispensing justice to the rural people.6
Jahid (2014) examined in his research article ‘Shalish’-Mediation in Rural Bangladesh’
that, in order to resolve disputes between the contending parties, an impartial third party
mediates shalish. The concept has significant civil and legal importance as it helps to
restore community harmony formally and informally. shalish is a traditional democratic
mode of conflict resolution. The ‘Banglapedia’ defines shalish as a social system for
informal adjudication of petty disputes both civil and criminal, by local notables, such as
matbars (leaders) or shalishkars (adjudicators). Two types of adjudication have been in
place in rural Bangladesh from days of antiquity, these were shalish and extension of
the state’s judicial arm into the rural areas through specific legislation. As in many
countries in the world, legal procedure in Bangladesh is slow and expensive. For most
people, the legal system is out of their reach. To avoid costly and lengthy court, people
seek local remedies such as the traditional alternative dispute resolution mechanism,
popularly known as shalish. Issues such as marital dispute, desertion, oral divorce,
maintenance, land and criminal offenses such as rape, adultery, dowry related violence,
are commonly dealt with in shalish sessions in Bangladesh. These sessions tend to be
conducted by local government representatives, particularly the Union Chairperson and
social leaders such as religious leaders and teachers. For judgment, many of these
sessions rely on customary practices and Islamic Shariah laws, often issuing verdicts
that not only discriminate against women but also contradict existing legal rights.
Presently, shalish in Bangladesh is entangled in a vicious circle of complications. There
is a tendency to deny or to pay improper attention to the institutional laws, and approved
justice principles in informal shalish incidences. Orthodox religious views, money,
nepotism, political domination and social status of upper-class people often influence
the verdict of most shalish operations. There are evidences that some of the shalishes
were appropriated as instruments for implementing perverse ‘fatwas’ (religious verdict)
against women in some parts of the country.7

6
http://mppg-nsu.org/attachments/396_14.%20Belayet.pdf

http://www.samajkantha.com/index.php/en/en-open-discussion-news/59-shalish-mediation-in-rural-bangladesh
7

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Saadi, Aziz, Shahriar and Rashid (2014) conducted a research on ‘Effectiveness of
Village Court in Bangladesh: A Study in Tangail District’ and in their research they
shows that, The Village Court is a form of Alternative Dispute Resolution (ADR)
administered by the Union Parishads and local leaders which is constituted under the
legal framework named The Village Courts Act of 2006. Generally, people go to village
court for various reasons; lower distance, easy to access to the justice, village court
members are known and for speedy disposal. But about half of the respondents in their
study (43.33%) go to the village court for its easiness to access to the local justice. It is
found that 62% of cases are civil and 38% are criminals are appearing at village court.
Where civil offences like; family matter (27%), land dispute (21.6%), Property crime
(13.5%), Extra marital relation (8.1%), Divorce related (18.9%). On the other hand
criminal offences like; theft (30.4%), eve teasing (21.7%), rape (8.7%), cheating (4.3%),
coalition (4.3%), mischief (4.3%). It divulges that mainly Village Court deals with civil
cases where family matter, land dispute, extra marital relationship and divorce related
cases are prominent. Besides this, Village Court also deals some criminal cases where
theft, eve teasing, rape are prominent. In their studies they found that, at village court
positive reinforcement is occurred more than reinforce an offender negatively. Study
shows that 57% offenders are not getting punishment and rest 43% punished at the
village court. It is clear violation of section 6 of “The Village Court Act 2006”. This would
be a vital cause to increase crime and disorder in rural area of Bangladesh. It is also
found some nature of wrong punishment provided by Village Court as like; Physical
Punishment, Mental Harassment, Financial and Socially separation, where law gives
them to punish only financial compensation not exceeding 75000tk. They are no able to
practice any other form of punishment. It is found that only 7.14% respondent’s
satisfaction level about court is excellent, then best (17.85%), better (28.57%) and good
(46.42%). Negative satisfaction level means bad satisfaction is not found in the study.8

8
Saadi. M. A., Aziz. M.B., Shahriar. M.A., & Rashid. M.,(2014). Effectiveness of Village Court in Bangladesh: A Study in Tangail District, 13(1), ISSN:
2079-567X

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 1.4 Conceptual Framework

1. Universal and inalienable Violation of Human

2. Interdependent and indivisible Rights
Human Rights 3. Equal and non-discriminatory
4. Both Rights and Obligations

Violence Victim Seeking Justice


Marginalized
Physical Psychological
Women

Access to Justice Justice System
1. Physical and
Mental Torture
by Husband and
members of in- Socio-
laws house Economical 1. Equal Access
2. Sexual Condition of 2. Remedies for Grievances
Harassment Victim 3. Fairness

Factors affecting Justice

System

1. Strong Patriarchy
2. Investigation and Formal Informal
Judicial process is biased
3. Political Influence
4. Delayed of Due
Process 1. Police
5. Corruption 2. Doctor
3. Lawyer
4. Village Court
1. Entry into the System
2. Prosecution and
Pretrial Services
3. Adjudication
4. Sentencing and
Sanctions
5. Corrections

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1.5 Data and Methods
This study respondents of a sample from Bangladesh rural society to explore three
specific assumed the perception level of the people about ‘human rights’, ‘justice’ and
‘access to justice’. Basically nature of this study is exploratory research. Given the
above mentioned objectives, it is clear that collection of quantitative data is not sufficient
to achieve the goals of the study. So, both the qualitative and quantitative techniques
were applied when the study was conducted. The research tools and techniques thus
helped in evaluating the perception level of the village people and in having an in-depth
understanding of the social institutions, local government bodies, cultural milieu and
political reality that are responsible for continued marginality of the impoverished and
their inaccessibility to formal justice. The poor people were observed to have access to
informal justice though its adequacy and propriety could be questioned. They were seen
to have limited or no access to formal justice. The causes are -- socio-cultural reality
and mindset, remedial inadequacy9 of village court and community mediation and
penetration of political elements10 into age-old mediation.

1.5.1 Sampling Design

Respondents of this survey were—local government representatives, community
leaders, rural women and men, marginalized women and the women who became
victim of any violence/crime. Twenty Unions were randomly selected from 50 Unions of
5 Upazilas of Mymensingh District of Bangladesh. Views of the members of 20 Union
Parishads were collected through questionnaires. In every Union 3 local government
representatives answered the questions and gave their views about the issues posed
before them. In the same areas 120(In all 20 Unions, 6 from each Union) community
leaders, 280(In all 20 Unions, 14 from each Union) people and 80 (In all 20 Unions, 4
from each Union) women who became victim of violence answered the questions and
expressed their view. In addition to the above mentioned 4 set of questionnaires, a
separate questionnaire was prepared to identify the consciousness-level of the 80 (In all
20 Unions, 4 from each Union women about women’s rights, women empowerment and
violence against women.

3
‘Remedial Inadequacy’ means that the remedies provided by the grameen salish or gram adalat are inadequate to compensate the
loss of the victim.
10
There is huge political interference into the grameen salish (Community Mediation) which is harming its credibility and reliability.

11

1.5.2 Data
This study counted on information and views collected by questionnaires11 and ‘Focus
Group’ discussions and based its findings on firsthand-data. Review of existing
secondary sources (like reports of previous baseline survey, relevant articles and
materials collected from internet sources) also helped in building theoretical construct.
The objectivity and impartiality of secondary sources are typically susceptible to lack in
clarity and accuracy due to inherent methodological limitations. On the contrary, this
study has put more importance on primary information/data collections that have been
extracted through ‘Focus Group’ discussions including compilation of
views/experiences/recommendations from survey respondents during the discussion
process. The interviews collected the data from respondents during the period of
March 2013 to June 2013 using a standardized closed - ended questionnaires and
Focus Group Discussion (FGDs) instrument.

11
Five questionnaires were prepared to know the perception and views of the target groups. One questionnaire was prepared for
local government representatives, one for community leaders, one for rural people, one for rural women and one for the women who
became victim of any violence or crime.

12

2. Results and Discussions

2.1.1 People’s Perception about ‘Human Rights’

People of the village areas have their indigenous concepts about ‘human rights’ as they
do not have any learning or training or education on the subject. They have named
some fundamental rights and basic necessities which are necessary for human
existence. For example, 36 percent people answered that human rights meant those
rights which were necessary for human survival. Only 4 percent put emphasis on basic
necessities as they thought that human rights meant the rights to get education, abode,
medical treatment and clothing. To 10 percent people human rights meant freedom of
movement, to 12 percent freedom of expression and right to individual freedom and 27
percent assumed that people’s social, political and mental rights were human rights.

In the focus group discussions when asked about what they meant about human rights,
the rural people came up with abstract answers.
It is interesting to note that some respondents answered in abstract terms as 1 percent
said that human rights meant poor people’s right, 5 percent said that citizen’s right, 9
percent said that fundamental rights and 1 percent said that human rights meant an
individual’s own right. This type of answer without any example of human rights does
not indicate sufficient conceptual clarity of the people about ‘human rights’. Moreover,
10 percent respondents expressed their complete ignorance about ‘human rights’.

Table 1: Perception-Statistics of People (Women and Men= 280) about ‘Human

Rights’
Human Rights/Fundamental Rights/ Percentage
(%)
Human rights mean those rights which are necessary for 35.7
human existence/survival
Human rights mean to get shelter/medical 3.8
treatment/education/clothing
Freedom of movement 10.0
Freedom of speech and individual freedom 11.9
Right of the poor people 1.4
People’s proper rights/social, political and mental rights 27.1

Rights which people usually get 4.8

Equal rights of all 6.7
Citizen’s rights 5.2

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 Fundamental rights 8.6
Human rights mean not to interfere with the rights of others 1.9

No answer/Does not know 9.5

Any individual’s own right 1.4
Right to vote .5
Freedom of religion .5
[Multiple responses recorded]

The people— men and women, community leaders and local government
representatives—seemed to be not sufficiently confident what they really understood
about ‘human rights’. During the ‘Focus Group’ discussions when any one had given
any example of human rights, others supported it by nodding their heads or when some
human rights were named by researcher, some of them discussed about the rights.
‘Focus Group’ discussions and perception study by questionnaires indicate that
people’s perception about ‘human rights’ is barely rudimentary. To them right to basic
necessities are more important than civil and political rights12 and their perception about
the civil and political rights are not clear.
They do not know that:
(I) ‘Human rights’ are ‘inherent and inalienable’ rights of all people, whether they
are poor or rich, or they reside in urban areas or villages, or they are
influential or peripheral;
(II) Human rights are those rights which are recognized by international human
rights instruments (like Universal Declaration of Human Rights (UDHR) and
guaranteed by the Bangladesh Constitution;
(III) People can claim these rights because they are human being;
(IV) Government has the primary responsibility to ensure all the human rights
guaranteed by the Constitution of Bangladesh;
(V) In some cases government agencies should be proactive to ensure human
rights, for example, where any poor/marginalized woman become victim of
violence. In some cases government agencies like Police, RAB (Rapid Action
Battalion) etc. should refrain from interfering with the enjoyment of people’s
rights. For example, they should refrain from arbitrary arrest and detention
and torture or sexual harassment of any woman under custody.

12
The civil and political rights—the so-called ‘blue’ rights—have emerged out of the French Revolution, American struggle for
independence and democratic movement of Britain. These rights have been placed in part III (Fundamental Rights) of the
Bangladesh Constitution and are enforceable by a court of law. Economic, social and cultural rights—the so-called ‘red’ rights—
have emerged out of the Russian socialist revolution in 1917. These rights are concerned with the basic necessities and
development of a society. These rights are placed in part II (Fundamental Principles of State Policy) and these rights are not
enforceable by a court.

14

2.1.2 People’s Perception about ‘Justice’
People’s perception about ‘justice’ is also traditional, but it appears to be better than the
understanding of ‘human rights’ in the sense that some answers are partially correct.
Ten percent respondents said that ‘justice’ meant any (formal or informal) adjudication
which was done by considering the deliberation of both the parties. To 21 percent
respondents ‘justice’ meant neutral adjudication and to 7 percent it meant adjudication
according to law. More than half of the respondents (52 percent) said that ‘justice’
meant accurate judgment. Sixteen percent answered that ‘justice’ could be done by
awarding punishment to a criminal for his/her offence.

Table 2: Perception-Statistics of People (Women and Men= 280) about ‘Justice’

People’s Perception about ‘Justice’ Percentage (%)

‘Justice’ means any adjudication which is done by taking into 10.0

account the deliberations of both the parties.

Neutral adjudication 20.5

Adjudication according to law 6.7
Accurate adjudication 52.4
Awarding punishment to a criminal of his/her offence 15.7

Enjoying just rights of people .5

Standing against injustice .5
No answer 1.4
[Multiple responses recorded]

In the ‘Focus Group’ discussions, people expressed their perception about ‘justice’
which was appeared to be got by them from their socio-cultural milieu. Their
understanding about ‘informal justice’, namely, community mediation and village court’s
adjudication was observed to be clear as both the institutions tried to resolve disputes
amicably in a friendly environment. But they do not understand ‘formal justice’ which is
ensured by the state-judicial officers within an orchestrated court structure. The ‘formal
justice’ was seen to be alien to the people due to its complex and technical character.

Standard definition of ‘justice’ reads as follows: “A moral ideal that the law seeks to
uphold in the protection of rights and punishment of wrongs.”13 ‘Justice’ can also be

13
Elizabeth A. Martin & Jonathan Law (Eds.), A Dictionary of Law, Oxford University Press, Sixteenth Edition, 2006, p. 275

15

defined as “Upholding of rights, and the punishment of wrongs, by the law”.14 Simply,
‘justice’ means maintenance of rights, suppression of wrongs and in this way upholding
justice with the help of the state-run-agencies (like police, RAB etc.) and state-directed-
mechanisms and institutions (like courts, public prosecutor’s office, prison and other
government offices).

People were observed to have insufficient ideas about how rights were maintained,
what procedure was followed to punish the criminals and what state-
mechanisms/institutions were utilized to ensure justice. Moreover, people remain
disinterested about formal justice due to the absence of any awareness
programme/training, elementary legal education, and technical procedure of courts. For
the same reasons they cannot understand what formal justice is and how it can ensure
justice for the poor people? But they were seen to understand community mediation and
village court in their fullest essence and procedure. In spite of their disappointments
about community mediation and its inadequate remedial measures, approximately 90
percent or more people have expressed their preference for community mediation. They
were observed to be comfortable with village court if they did not get justice from
community mediation. The simple reasons of preferring community mediation and
village court are:
(I) Both the community mediation and village court are within their reach;
(II) Procedure of these two dispute-resolution-institutions is simple; and
(III) Community mediation and village court’s adjudication are conducted by the
village people (local government representatives or elderly people or
community leaders) who are known to the disputing parties.

2.1.3 People’s Perception about ‘Access to Justice’

When the people were asked that what they understood about ‘human rights’ and
‘justice’, their answers were indigenous and remote to exact definitions and legal
connotations. Nevertheless, their traditional perception seemed to have positive
implications as it could contribute to their conceptual clarity which would further create
the possibility of ensuring their human rights and justice in the future. But ‘access to
justice’ is a concept which appears to be alien to them. When asked about this, the
people either did not answer or said that they did not understand the term properly.
In a day-long workshop and ‘Focus Group’ discussions, it was observed that majority of
them had almost no understanding about ‘access to justice’. Some of them expressed
their understanding about the term, but it was far from the real meaning. It was
explained that ‘access to justice’ meant ‘to enter into justice’. Simply, the term signifies

14
Roger Bird, Osborn’s Concise Law Dictionary, Sixth Indian Reprint, Universal Law Publishing Co. Pvt. Ltd., 1998, p. 193

16

that whether people can take resort to community mediation and go to village court and
court for getting justice. If it is said that “all citizens are equal before law and are entitled
to equal protection of law”15, and the aggrieved/victim people do not have financial
ability to file and continue a suit in a court or they cannot go to village court for remedy
or they cannot even take resort to community mediation for dispute resolution, it cannot
be said that people have access to justice.

It was further explained that ‘access to justice’ meant people’s ability and opportunity to
take help of mediation and courts to resolve their disputes. Responses of survey
respondents fairly suggest that people have almost no idea about ‘access to justice’.

2.2.1 Community Mediation, Its Merits & Utility

For hundreds of years villages of Bangladesh have their own traditional mechanisms to
resolve disputes between people. Importance of community mediation should be put on
a high pedestal as it is an institution which enables people, particularly poor and
marginalized women, to have access to justice at their doorstep with low cost or without
cost within very short time. Whether the victims get adequate remedy or community
mediation can resolve disputes at the full satisfaction of the poor that is another
question. The utility of community mediation lies in the fact that it is a local forum where
people can go easily and try to settle their disputes.

In the ‘Focus Group’ discussions all segments of people—community leaders, local

government representatives, village people--said that approximately 90 percent or more
people took resort to community mediation when any dispute arose or any
violence/crime took place. Only around 10 percent people opt for village court for
settling their disputes among whom a few go to courts if they do not get desired remedy
from the former. In a ‘Focus Group’ discussion, the village women from one union said
that community mediation had utility for the marginalized people of the village.
According to them, poor people do not have financial ability to go to court for justice. It is
community mediation which provides a forum for them to settle their disputes amicably.

15
See Article 27 of the Constitution of the People’s Republic of Bangladesh

17

 Table 3: Comparison of Perception Statistics of People’s Taking Resort to
Mediation, Village Court & Court
Dispute Resolution People Local Government Community
Institutions (Women & Representatives(N=60) Leaders
Men=280) % % (N=120) %
Community 99 90 94
Mediation
Village Court - 10 29
Court 58 2 17
[Multiple responses recorded]

120 community leaders of the survey area were asked about what type of disputes
arose between village people, how they resolved their disputes, whether poor people’s
right to get justice was ensured. When answering the first question—93 percent
respondents said that it was the land which gave rise to rural disputes, 80 percent said
that people involved in disputes regarding the share of property and 47 percent said that
divorce became one of the main causes of conflict. Thirty four percent respondents
considered that realization of dower was the source of contentions, 61 percent said that
conflicts started when husband or his family members pressurized wife or her family for
dowry, 47 percent thought that disputes arose when violence against women or like
incidents took place.

When asked about how the people resolved their disputes—overwhelming majority of
the respondents (94 percent) said that they settled their disputes by community
mediation. Twenty nine percent respondents viewed that people took resort to village
court and only 17 percent thought that people went to court for dispute-resolution. It is to
be noted that majority number of the community leaders are satisfied with community
mediation. Among the respondents 62 percent expressed considerable satisfaction and
36 percent full satisfaction. Like community leaders, village people also expressed their
satisfaction and considered community mediation more convenient than court.

2.2.2 Shortcomings of Community Mediation

When asked about what did they consider shortcomings of the community mediation—
community leaders identified a number of drawbacks which, inter alia, included elitist
character of community mediation, corruption of mediators (salishkars), infiltration of
politics and negligent attitude of community mediation to marginalized women. Their
views are shown in the following table:

18

 Table 4: Shortcomings of Community Mediation
Shortcomings of the Present-day Community Percentage (%)
Mediation
Community mediation is biased 72.2
Mediation preserves interests of the powerful classes 55.6

Mediators or Salishkars (people conducting mediation) 42.2

are corrupt
Present-day mediation is influenced by narrow politics 61.1

Mediators do not have sufficient knowledge to conduct 48.9

mediation successfully
Women are neglected in the mediation. 52.2
[Multiple responses recorded]

2.2.3 Efficacy of Community Mediation to Ensure Justice for the Poor People
Among the community leaders, 62 percent considered that the right to get justice by the
poor people and marginalized women were considerably ensured, 29 percent thought
that it was fully ensured and only 9 percent said that rural poor’s right to get justice was
not ensured at all. When survey respondents were asked about the causes of not
ensuring the right to get justice for the poor people and marginalized women, financial
incapacity of the poor was identified as a major cause. Eighty percent identified inability
of the poor people to continue a suit in the court, 84 percent mentioned the insufficiency
of the government and non-government initiatives to provide legal aid to the poor, 63
percent identified the preservation of elite’s interests in the mediation, 64 percent
identified non-hearing of the voice of poor people and marginalized women or imposing
unjust decisions as causes for which rural poor’s right to get justice was not ensured.

People’s satisfaction about the effectiveness of community mediation is considerable.

When asked about the degree of effectiveness by the mediation to ensure justice for the
poor people and marginalized women?—50 percent said that it was considerably
effective, 35 percent said that it was fully effective and 32 percent said that it was not
effective. The causes for which community mediation cannot ensure justice for
peripheral mass have been identified by the people which are shown in the following
chart:

19

2.2.4 Efficacy of Community Mediation to Ensure Justice for Women & Violence-
Victims

Figure 1: Efficacy of Community Mediation to Ensure Justice for Women & Violence-Victims

In response to the question that whether they took resort to community mediation if they
became victim of any torture or violence—92 percent women said ‘yes’, and only 8
percent said ‘no’. When asked--‘whether the violence-victims went to village court if they
did not get justice from mediation?’—80 percent respondents confirmed the information
that they went and only 20 percent said that they did not go. The women were asked
whether they went to police station and court if they did not get justice from village
court? Thirty five percent respondents said that women did not want to go to police
station and court due to adverse environment of the police stations and technical
difficulties of courts. Sixty seven percent respondents said that women’s frequency of
going to police station and court was low.

Women identified a number of causes responsible for the violence against women when
answering the question that—“What are the obstacles those are encountered by the
justice-seeker violence-victims?” They have singled out patriarchy, women-unfriendly
environment of the rural society, indulgence of responsible persons by the influential
people etc.

20



Figure 2 Obstacles those are encountered by Justice Seekers (Violence-Victims)

74 percent women who did not get justice due to strong patriarchy, 57 percent said that
investigation and judicial process was influenced by powerful people, 37 percent said
that accused was indulged by influential people. Twenty seven percent said that society
was not sympathetic to the violence-victims.

The women who became victim of any violence were asked whether they tried to get
justice through community mediation instead of going to police and court? In response
to this question 78 percent respondents said ‘yes’, and 28 percent said ‘no’. But majority
number of women said that they did not get justice from community mediation. When
answering the question that—“Have you got justice from community mediation if you
tried to get remedy of the violence committed to you?”—62 percent said ‘no’, 38 percent
said ‘yes’.

It is of worth noting that some violence-victims got remedies which were

characteristically rural and traditional. Among the violence-victims 18 out of 60
mentioned that they got different types of remedies from community mediation. Thirty
nine percent respondents said that the problem was solved at the satisfaction of both
the parties. According to 17 percent respondents the mediators (salishkars) resolved
that divorce would be executed and asked the husband to pay mohorana (dower). One
respondent who was threatened to subject to violence said that mediators stroke the
responsible person with a broom; one said that the mediators assimilated her hands
with those of her in-laws family members and warned them that she would go to court if
same event would take place again; one said that mediators sent her to her father’s

21

home; one said that the mediators tried to send her to her husband’s home unjustly; one
said that the mediators could not provide any solution; one said that she got justice from
community mediation, but it was not implemented; one said that the mediators asked
her husband to provide maintenance properly and also ordered him to pay the dower;
one said that the mediators instructed her to follow the norms strictly applicable to a
rural woman and also advised her to work together with her husband.

2.3.1 Village Court and Its Utility

There have been some institutions to deal with daily affairs of the villagers for centuries.
For example, Gram Panchayat (village government) is considered as a unique
institution of this sub-continent which is responsible for ensuring some basic facilities
and amenities like pure drinking water, sanitation, cleanliness for the villages. One of
the major functions of the Gram Panchayat is to maintain law and order in the villages
and resolution of disputes of the villagers. Though there is no institution like Gram
Panchayat in Bangladesh, but village court was established by the Village Court
Ordinance, 1976 which was later replaced by the Gram Adalat Ain (Law of Village
Court), 2006. Village court is an institution available at the disposal of the villagers at
their doorsteps to resolve disputes. In the ‘Focus Group’ discussions and questionnaires
the respondents were asked of their perception about village court and what utility it
had.

Local government representatives were supposed to know village court properly, but
their answers revealed that they did not have clear ideas about its composition and
functions. When asked about village court, they came up with varied answers. Seventy
one percent respondents said that disputes were settled amicably, 11 percent said that
family disputes were settled and 13 percent said that domestic-violence related disputes
were settled in a village court. One respondent said that decision was taken about
divorce and polygamy and another one said that function of village court was to
maintain law and order.

The local government representatives were asked that what types of disputes were
resolved in a village court? Fifty three percent respondents answered that land-related
disputes; 22 percent said that divorce related disputes; 4 percent said that polygamy
related disputes; 20 percent said that maintenance related disputes; 24 percent said
that child marriage related disputes; 24 percent said that disputes relating to violence
against women; 27 percent said that disputes arising out of quarreling; 49 percent said
that family disputes and 18 percent said that dowry related disputes were settled in a
village court.

22

How to make village court and Arbitration Council more effective? In response to this
question 38 percent respondents said that these two institutions could be made more
effective by providing legal training to the persons associated with village court and
Arbitration Council. Another 33 percent respondents expressed almost the same view
as they said that legal assistance, legal training and clear knowledge about mediation
and village court procedure were the correct ways to make these two village-based
dispute-resolution-mechanisms more functional. The rest of the respondents expressed
different views on the same issue, these were as follows: (a) perpetrators should be
given appropriate punishment; (b) there should be sufficient arrangement to ensure
justice; (c) Union Parishads should be given power to execute the decisions; (d)
disputes should be settled within shortest possible time; (e) more powers should be
given to village court and Arbitration Council; (f) both the disputing parties must have
signed a stamped document so that they will be obliged to obey the decisions of village
court and Arbitration Council.

2.3.2 Demerits of Village Court

Village court is an institution to ensure justice for the rural people speedily, without
procedural technicality and with minimum cost, nevertheless it has some inherent
weaknesses. Moreover, it is encountering new problems. In the ‘Focus Group’
discussions and answers to the questionnaires people identified insufficient pecuniary
jurisdiction of the village court as it can impose only a fine of 25 thousand taka. This is
considered inadequate to remedy any dispute, whether it is civil or criminal in nature.
They, therefore, recommended enhancing the pecuniary jurisdiction of a village court
from 25 to 75 thousand taka. In addition to this, village courts are surrounded by other
problems like influence of rural elites, infiltration of parochial politics, suppression of
women’s voice etc.

2.4 Judicial System and Rural Poor’s Alienation

Bangladesh has a well-structured judicial system regulated by substantive and
procedural laws, most of which were enacted by the British rulers. But in Bangladesh,
like many other countries in the world, the ever increasing cost of litigation, congested
court schedules and delayed disposal of the cases have battered the confidence of
people in the judiciary and have put question on the effectiveness of the judicial system.
“Over ten years can pass between bringing a court case and executing a judgment”16
and there is no penalty for delaying proceedings. Where it should take one to two years

16
Bangladesh 1996 Country Commercial Guide, US Department of State, Office of the Coordinator for Business Affairs,
http://dosfan.lib.uic.edu/ERC/economics/commercial_guides/Bangladesh.html

23

for the disposal of a civil suit, a case is dragged out for 10 to 15 years, or even more. By
the time judgment is pronounced the need for the judgment in most cases is no more
required. It is said that delay in disposal of cases in Bangladesh has reached a point
where it has become a part of injustice and violation of human rights. Empirical studies
suggest that people, particularly poor and marginalized women, have little or no access
to the structured judicial system in Bangladesh. They cannot afford to go to courts on
the one hand and the procedural technicality obstructs them to have access to formal
judicial system on the other. Virtually, rural people are almost alienated from the formal
judicial system. One can see the reflection of this alienation in the answers of the
questionnaires.

Figure 3 Duration of Running Case in Judicial System

Figure-3 shows that the Duration of case running. 48% cases are running 53 month - 62
month in the Court. It is costly for the victim. Because we found that after all trial
proceeding finished here in this study most of the defendant are release from the
charge made against defendant by complainant but during this time victim only the
person who is regularly harassed by criminal justice system. The figure shows that a
minimum of 3months -12 months (20%) take finishing a trial procedure in Bangladesh
which is one of the major problem of criminal justice system of Bangladesh.

In a ‘Focus Group’ discussion of one Union Parishad office, the local government
representatives informed that 90 percent of the village disputes were resolved through
community mediation. Only 8-10 percent disputants went to the village court. Of them
very few people took their cases to the court, if the conflict was not resolved
satisfactorily by the village court. This village reality has been fairly substantiated by the
people. When answering a question, 99 percent respondents said that they took resort

24

to community mediation to resolve their disputes. People identified the following causes
for which they refrained from going to courts:
• Financial inability to file and maintain a suit;
• Delayed disposal of suits;
• People are afraid of courts; and
• Distance of courts from local areas (villages.)

2.5 Comparative Analysis of Community Mediation, Village Court & Judicial

System

Community mediation and village court (or Gram Adalat17) are two traditional
mechanisms at the disposal of the people for hundreds of years. From ancient time
village people used to resolve their disputes amicably with the help of community
mediation. Purpose of village court, on the other hand, is to provide an institution to
resolve disputes of the villagers within shortest possible time without procedural
technicality and also without the assistance of lawyers. State-run judicial system in
Bangladesh is bound by technical rules of evidence and complicated procedure where
affordable justice-seekers hardly get justice, let alone justice of the rural people. A
comparative study of community mediation, village court and judicial system of
Bangladesh has been made below in the light of legal analysis, ‘Focus Group’
discussions and views of the survey respondents:

Table 5: Community Mediation, Village Court & Judicial System: A Comparative

Study
Community Mediation Village Court Judicial System (Courts)
Community mediation or Village court or Gram Courts are established by
grameen salish is a Adalat is an institution laws and conducted by
mechanism to resolve to ensure justice for trained judges to provide
disputes of villagers with rural people by remedy/compensation in
the help of community resolving their minor civil, commercial, labour and
leaders. civil & criminal disputes other disputes or award
with the help of the punishment in criminal
local government cases.
representatives &
community leaders.

17
Though Gram Panchayat and Gram Adalat are not synonymous, but Gram Panchayats have been functioning in this sub-
continent for hundreds of years. Gram Panchayat, comprising of community leaders and elderly people of the villages, is considered
as village government as it is responsible for sanitation, supply of pure drinking water, cleanliness, ensuring law and order etc. Gram
Panchayat is still functioning in many states of India. One of the main functions of Gram Panchayat is to resolve disputes of the
villagers, thus ensuring justice for the rural people at their doorsteps. In Bangladesh, there is no institution like Gram Panchayat to
deal with law and order, developmental and justice related issues of the villagers, but Gram Adalat has been given the jurisdiction to
resolve minor civil disputes and adjudicate petty criminal cases. In this sense Gram Adalat has taken up one of the main functions of
Gram Panchayat to resolve disputes of the villagers by discussing the issue with the disputing parties.

25

 Community Mediation Village Court Judicial System (Courts)
Community mediation is a Village court is a semi- Courts are full-fledged
traditional mechanism of judicial institution to judicial institutions
dispute resolution. resolve disputes of the established by the state to
villagers. provide justice to the people.

Community mediation has Decision of village court Judgments of the courts are
no binding effect, it has is binding. binding and there are state
only persuasive value. agencies to execute court-
judgments.
Overwhelming volume of Disputing parties People ranging from 2-56%
village disputes (around 8-10%) go to go to courts for dispute-
(approximately 90% or village court if their resolution if they do not get
more) are settled by disputes are not justice from community
community mediation. satisfactorily settled by mediation and village court.
mediation.
Though people prefer Decision of village court To file and maintain a suit in
community mediation but is subject to same a court is costly and the
it has limitations and limitations as its procedure is delayed.
inherent weaknesses like decisions are Moreover, procedural and
its decision is influenced influenced by influential evidentiary technicalities
by village elites. people. obstruct rural people from
going to courts.
Recently, corruption has Corruption has been a There are lot of allegations
been infiltrated into regular phenomenon of that in different stages of
community mediation. village court. suits the litigants have to
bribe not only to the lawyers,
but to Peshkars and others
staffs of courts.
Recently, decisions of Village court is always It is alleged that courts, both
community mediation are heard to have been lower and higher, may be
influenced by party influenced by parochial influenced if there is any
politicians. village politics. political element in a case.

Among the women who Eighty percent violence- Sixty seven percent
became victim of violence, victims who did not get respondents said that rural
62 percent said that they justice from mediation women’s frequency of going
did not get justice from went to village court. to police station and court
community mediation. was low.

26

2.6 Consciousness-Level of Women about Their Rights
Women were asked whether they knew their rights recognized by the Constitution and
other domestic laws. The questions were set to determine their consciousness. Their
answers can be summarized as follows:

Table 6: Women’s (80) Consciousness-Level about Their Rights

Question—Do you know the Yes No Have no idea
following rights recognized (Frequency & (Frequency (Frequency
by the Constitution/other Percentage) & &
laws? Percentage) Percentage)
Everywhere women have 49 (81.7%) 7 (11.7%) 4 (6.7%)
equal rights
Women have right to move 48 (80%) 8 (13.3%) 4 (6.7%)
freely
Child marriage is punishable 59 (98.3%) - 1 (1.7%)
offence
Domestic violence and mental 51 (85%) 3 (5%) 6 (10%)
torture on any women are
punishable offence
Women have right to divorce 46 (76.7%) 3 (5%) 11 (18.3%)
Marrying second time by 54 (90%) 2 (3.3%) 4 (6.7%)
husband without first wife’s
permission is punishable
offence
Husband has to pay dower 34 (56.7%) 11 (18.3%) 15 (25%)
though wife has divorced on
her own
Cases relating to rape and 39 (65%) 11 (18.3%) 10 (16.7%)
acid-throwing are not
negotiable
Both giving and receiving 57 (95%) 2 (3.3%) 1 (1.7%)
dowry are punishable offence
Insult or torture of any women 43 (71.7%) 4 (6.7%) 13 (21.7%)
in the name of FOTWA is
punishable offence
Registration of marriage and 48 (80%) 3 (5%) 9 (15%)
divorce are compulsory for
Muslims

27

2.7 Violence against Women and Its Causes

In the ‘Focus Group’ discussions with women, they said that incidents like eve-teasing
and violence against women like acid-throwing, rape etc. did not take place frequently in
villages. When these types of incidents took place they took resort to community
mediation.18 In a ‘Focus Group’ discussion with the local government representatives at
the office of one Union Parishad, they said that women were subjected to torture, both
physical and mental. It was observed that a typical patriarchal mindset had been
embedded into the village people as both men and women thought that husband had
the authority to control his wife. Husband could beat his wife if she made a silly mistake,
but wives were helpless if husband tortured her, married second time, did not give
maintenance or fled the village keeping behind his wife and children. Female member of
the Union Parishad informed that some courageous girls did not tolerate their husband’s
atrocities. They even divorced their husbands if the torture was unbearable or if the
husband did not provide maintenance or if he resided in a foreign country for long time.
The local government representatives mentioned that there were two main causes of
women becoming victim of different types of violence. The causes are:

• The patriarchal mind-set of the village people. They, both female and male,
thought that female were subservient to male, so they had authority to discipline
the women. The women tolerated minor physical assault or scolding or bullying
or admonishing by the husband if she made any mistake or it was necessary to
discipline her. Village people did not take it seriously if any husband slapped or
tore wife’s hair or kicked her for any minor mistake. But men enjoyed various
privileges and freedom due to this male-dominance.

• In many cases men were not responsible for the violence and torture on female.
It was the mother-in-law or sister-in-law or other female members of the in-laws
house who pressurized husband for dowry or earwig against the wife. The
husband was affectionate and caring to his wife, but due to the hostility or
antagonistic attitude of the female members of his family his wife became victim
of torture.

18
They do not go to Gram Adalat (Village Court) as it has no jurisdiction to try cases relating to acid-throwing, rape etc.

28

2.8 Determining Level of Women Empowerment & Their Social Condition

In ‘Focus Group’ discussions people viewed that women were more empowered in
village areas and their condition was better than previous time. In a ‘Focus Group’
discussion with village women and men, they said that condition of women was better
than previous time. According to them, village women could move freely, there was no
restriction on female-education and they could work outside of their home. If any woman
became victim of any violence, she or her family members could take resort to
community mediation. They are allowed in the mediation to talk about their cause in a
limited volume. Now the elected female members of the Union Parishads play active
role in ensuring the rights of women.19

In another ‘Focus Group’ discussion with the local government representatives, the
female member said that the women could move freely, there was no restriction on their
getting education or working outside. Incident of rape hardly takes place in their locality.
When any woman became victim of violence and she took it to the notice of elderly
people, they resolved the conflict through mediation where victim could narrate the
incident and sought her desired remedy. Female member of the Union Parishad took
active role in ensuring justice when any woman became victim.

‘Focus Group’ discussions and responses to the questionnaires suggest that people are
still overwhelmed by the socially-erected role of male and female. They think that male
should do outside works and female should be busy with household activities. Girls are
sent to school for primary or higher secondary education, but main concern of parents is
to get their daughter married with good bridegroom. Nevertheless, people, irrespective
of male and female, recognize that people are much more conscious about educating
their girls. Consciousness about female education and increasing rate of women’s
involving with outside service/business/work may be considered as good indicators of
women empowerment.

19
In a ‘Focus Group’ discussion at village of Nandail, people said that women were allowed and could talk in the community
mediation, though this proposition did not get strong support from women who became victim of violence as 48 percent of them said
that they did not get justice because women were not allowed to talk or there was no strong voice on their behalf. Nevertheless, it
was seen that role of woman representative of Union Parishads had positive impacts on establishing rights of and getting justice by
the women. In response to a question, 70 percent women respondents said that women representative of a Union Parishad could
play a considerably effective role to establish rights of women and ensure justice for them.

29

2.9 Nature of Violence against Women Victim:
The women were asked what of type of violence they were subjected to and they
answered that:

• Physical and mental torture by both husband and members of in-laws house
(51.7% respondents);
• Physical torture by husband (56.7%);
• Mental torture by husband (36.7%); and
• Sexual harassment in workplace or on the way (5%.)

Figure 4 Nature of Violence

Eighty women who became victim of violence belong to different ages. Four of them
have an age below 20 years. 21 respondent’s age ranges between 20-24 years, 15
between 25-29 years, 14 between 30-34 years, 14 between 35-39 years, 8 between 40-
44 years and 4 of them have an age over 45 years. Fifty eight percent respondents are
married, 5 percent are unmarried, 18 percent are divorced, 17 percent are abandoned
by husband and 2 percent are widow.

2.10 Experience of Women after Encountering Violence: Treatment by the

Doctors, Police, Lawyers etc.

Historically, the women have been suppressed, voiceless, and dependent on male due
to strong patriarchy, lack of education and financial inability. Fortunately, the situation is
changing and women are more empowered and educated than before and they are
taking part in policy decisions, both in home and outside. Nevertheless, women are still
vulnerable in terms of their security in their home, workplace and outside. Previous

30

studies and newspaper reports reveal that women are generally subjected to different
types of humiliation, degradation or violence. Among them the condition of poor women
of the villages are the worst. When they become victim of any violence or torture, they
have to go through unbearable sufferings and mental anguish and are also subjected to
social humiliation. The violence-victims have described their experiences what
treatment they got from doctors, police officers and lawyers. They also said that whether
the court environment was soothing to them. Their experience has been shown in the
following table:

Table 7: Violence-Victim’s Experience after Their Encounter with Doctors, Police

Officers, Lawyers & Court
Question Yes/Experience-1 No/Experience-2 Experience-3
(Frequency (Frequency & (Frequency &
&Percentage) Percentage) Percentage)
Did you go to Yes-25 (31.7%) No-55 (68.3%) -
government
doctor after the
incident of
violence?
How was the Treatment was Treatment was Treatment was
treatment of fully satisfactory-8 considerably not satisfactory-1
doctor if you went (31.6%) satisfactory-16 (5.3%)
to him/her? (63.2%)
Did you go to Yes-23 (28.3%) No- 57 (71.7%) -
police station to
file an FIR?
How were you Treatment was Police officers Police officers
treated by the satisfactory-7 discouraged to file harassed us-8
police officers if (29.4%) FIR-8 (35.3%) (35.3%)
you went to police
station?
What treatment Treatment was Lawyer demanded Not applicable-3
did you get from a helpful-9 (41.2%) much money and (11.8%)
lawyer if you went s/he was not
to him/her for sincere-11 (47.1%)
legal assistance?
What environment Court environment Court environment Not applicable-23
did you encounter was satisfactory-1 was embarrassing- (11.8%)
if you went to (5.9%) 15 (64.7%)
court for getting
justice?

31

2.11 Evaluating the Condition of Violence-Victims in Terms of Their Access to
Justice and Getting Justice

Figure 5 Victim’s Perception in Getting Justice

One can imagine the deplorable condition of violence-victims from the reality that 68
percent of them did not go to government doctors and 72 percent did not go to police
stations to file an FIR. Women who went to police stations said that either they (35.3%)
were discouraged by police officers to file an FIR or they (35.3%) were harassed by
police officers. Women who went to a lawyer said that they (47.1%) did not see any
sincerity of lawyer towards them, rather s/he claimed huge amount of money. Majority of
women (64.7%) who went to court said that the court environment was embarrassing for
them.

32

3. Summary and Conclusion

3.1 Summary

In the ‘Focus Group’ discussions, when asked about what they meant about human
rights, people said that human rights meant freedom of movement, right to property,
right to basic necessities, freedom of speech, freedom of religion etc. Their answers
indicate that their perception about human rights is ‘lay people’s perception’. After
evaluating their responses, we have made a decision that, people’s perception is either
‘common perception of human rights’ or they perceive human rights as something which
an individual cannot claim as a matter of right. They do not understand human rights as
‘inherent and inalienable’. In all the international and national human rights
instruments/documents ‘human rights’ have been defined as ‘inherent and inalienable’
rights of every human being, as people get these rights by birth and they are not
alienable. Most importantly, people do not know that government cannot bestow any
right to an individual and it is the government which has constitutional obligation and
statutory responsibility to ensure human rights of the people. If government cannot
ensure the constitutionally guaranteed human rights, people can claim enjoyment and
enforcement of those rights as a matter of their valid entitlements.

People understand ‘justice’ in their own way. Unique feature of their understanding is
naivety and simplicity, though it is far from standard definition of ‘justice’. Their
perception about ‘justice’ can be summarized as follows:

• ‘Justice’ means resolving disputes at the satisfaction of both the disputing

parties.
• ‘Justice’ means awarding punishment to a criminal for his/her offence.
• They have no ideas about the difference between formal and informal justice.
• They have good knowledge about community mediation) and village court though
they do not know that informal justice is ensured by this two
mechanisms/institutions.
• They do not have knowledge about formal justice and it remains alien to them for
hundreds of years due to its complexity, technicality and other deep-seated
causes.

When asked about whether they took resort to community mediation to resolve their
disputes, 99 percent respondents said ‘yes’. People were also asked --“What are the
causes for which they consider community mediation more convenient than court?” In
response to this question they identified the following factors:

• Approximately 99 percent respondents said that any dispute could be resolved

within short time without any cost through community mediation.

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 • According to 69 percent respondents, the mediation-environment was free and
frank as it was held in the presence of known people of the village.
• 70% respondents said that the procedure of community mediation was simple
and there people had opportunity to speak in their own way.

Some of the women who became victim of violence did not get justice from community
mediation and they identified the following causes responsible for not getting justice:

• Fifty five percent respondents said that the mediators (salishkars) considered
that women were responsible for all problems, so, the women were guilty.
• Fifty nine percent said that the mediators sided with the accused.
• Forty nine percent respondents identified corruption of the mediators and taking
advantage by the mediators from the accused.
• Forty eight percent viewed that either women were not allowed to talk in the
community mediation or there was no strong voice on their behalf.

The women were asked what of type of violence they were subjected to and they
answered that; Physical and mental torture by both husband and members of in-laws
house (51.7% respondents), Physical torture by husband (56.7%), Mental torture by
husband (36.7%); and Sexual harassment in workplace or on the way (5%.)

3.2 Conclusion

Outcome of this study suggests that people’s perception about ‘human rights’ is
traditional. ‘Focus Group’ discussions and answers to the questionnaires apparently
give an impression that their concepts are extremely rudimentary. Perception of survey
respondents about ‘justice’ is partially correct as they have good understanding about
community mediation and village court, though they do not know that these are two
traditional mechanisms to ensure informal justice. It is to be noted that people’s
perception about ‘human rights’ and ‘justice’ has substance, though they are remote to
accurate definitions and legal connotations. But ‘access to justice’ is a concept which is
almost alien to them. Overwhelming number of respondents has expressed their
complete ignorance about this term. It is, therefore, suggested that, needs to organize
awareness programmes, to make the people conscious about the above mentioned
concepts.

The village people are more likely to take resort to community mediation to resolve their
disputes or when they become victim of any violence/crime. They are even comfortable
with village court. It will be fairly conducive for the people if these two dispute-resolution
institutions will be made more effective. The community mediation can be made more
forceful for the rural mass, including poor and peripheral women, by removing its bias to

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elites, corruption of mediators (salishkars) and influence of powerful local politicians. To
achieve the objectives community leader’s role will be important. Developing and
strengthening community forums, paralegals and leadership to promote gender-
sensitive mediation and to provide legal aid to the poor and women are assumed to be
more useful to the marginalized people. The village court can also be made efficacious
by enhancing its pecuniary jurisdiction.

This study has put much importance in assessing the condition of rural women in terms
of women’s rights and women empowerment. It also tried to determine whether women
who became victim of any violence had access to justice and got justice from formal
and informal systems. Respondent’s views are more likely to support the proposition
that women generally enjoy more freedom and they are more empowered than before.
But majority number of women who became victim of violence can neither get desired
justice from existing judicial system or not from community mediation nor get good
treatment from doctors, police officers and lawyers. Last but not least, value of this
study lie in the fact that it has underlined the possible areas of interventions.

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4. Recommendations

The survey respondents have given many recommendations as to what measures

should be taken to ensure enjoyment of human rights, to stop violation of women’s
rights, to make community mediation and village court more effective, to provide legal
aid to the poor. Here some important recommendations are elaborated which are
concerned with ensuring justice for poor people, guarantying rights of and justice for
women generally and women who became victim of any violence particularly. When the
poor were asked that what could be done to ensure the right of the impoverished and
marginalized women to get justice?—they made the following recommendations:

In response to a question, village women put forward varied suggestions which would
help ensure their rights and get justice. Thirty percent respondents said that it could be
done by making the village women conscious about their rights. Others expressed
different views. Some said that women’s rights and their right to get justice could be
ensured by educating them. According to others the same purpose could be achieved
by increasing the number of female representatives of Union Parishads or by evaluating
women or by making them self-sufficient or by enacting laws or by allowing women to
talk in the village court or by increasing participation of women in the community
mediation or by making the men conscious about women’s rights.

One of the main objectives of this baseline survey is to identify the causes for which the
women who became victim of any violence cannot get justice. Eighty victims of 20
Unions have identified the causes, thus helped in underlining the areas of interventions.
The following measures should be taken to ensure justice for women who became
victim of any violence:

1. Take measures to institutionalize collaboration and information’s haring among the

authorities in charge of investigating acts of violence and discrimination, particularly
between the public prosecutor’s office and the police.

2. States must place more emphasis on restorative justice than retributive justice; the
former recognizes the harm done to the victim and what she requires in the way of
reparation and compensation. Thus, the reparations measures must be geared to
restoring the victim’s rights and better enabling her to face the consequences of the
harm done and thus regain her trust in society and in State institutions.

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3. Victims should be treated with compassion and respect for their dignity. They are
entitle to access to the mechanisms of justice and to prompt redress, as provided for by
national legislation, for the harm that they have suffered.

4. Providing proper assistance to victim throughout the legal process.

5. Informal mechanisms for the resolution of disputes, including mediation, arbitration

and customary justice or indigenous practices, should be utilized where appropriate to
facilitate conciliation and redress for victim.

6. Taking the measures to minimize inconvenience to victims, protect their privacy

,when necessary ,and ensure their safety, as well as that of their families and witnesses
on their behalf, from intimidation and retaliation.

7. Governments should review their practices, regulation and laws to consider restitution
as an available sentencing option in criminal cases, in addition to other criminal
sanctions.

8. Victim should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous means.

9. Police, justice, health of social service and other personnel concerned should receive
training to sensitize them to the need of victims and guidelines to ensure proper and
prompt aid.

10. Provide proper assistance to victims seeking access to justice and to ensure the
justice system should be value free of patriarchal attitude and political interference.

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5. Bibliography

1. Ahmed, C.J. (2012). Legal Aid and Women’s Access to Justice in Bangladesh: A
Drizzling in the Desert. International Research Journal of Social Sciences, 1(3), 8-14,
ISSN 2319–3565.
2. Adler, F.,Mueller,G.O.W.,& Laufer W.S. (1991).Criminology. USA: McGraw-Hill
Higher Education Group, Inc.
3. Bhuiya, A., Sharmin, T., & Hanifi, S.M.A.. (2003). Nature of Domestic Violence
against Women in a Rural Area of Bangladesh: Implication for Preventive Interventions,
21(1):48-54, ISSN 1606-0997.
4. Enamul, M.(2002) Human Security in Bangladesh In Search of Justice and Dignity.
59-65. Retrieved from www.undp.org.bd/info/hsr/Chapter%203.pdf
5. Jeffrey.M., Sampson.R., & Raudenbush.S., (2001). "Neighborhood Inequality,
Collective Efficacy and the Spatial Dynamics of Urban Violence". Criminology 39 (3): p.
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www.humanrights.asia/resources/.../2011/AHRC-SPR-003-2011
10. Ullah, S.( 2006). Protection of Victims of Crime and Victims of Abuse of Power: The
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11. http://www.samajkantha.com/index.php/en/en-open-discussion-news/59-shalish-
mediation-in-rural-bangladesh
12. http://www.thedailystar.net/the-star/dealing-justly-18404
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 Acknowledgement

This research could not have been undertaken without the generous cooperation of
many people in various settings, the variety of examples and particularly illustrations
presented in this guide would not have been possible. Some individuals who should
have been acknowledged below may have been inadvertently omitted, and I apologize if
that is the case.

Particular thanks go to our team member Mr Mohammad Ashraful Alam, Associate

Professor and Chairman of the Dept. of Criminology and Police Science by giving his
valuable direction, facilitations and suggestions from the right way.

We would like to thanks to other faculties of Criminology and Police Science

Department, by giving their valuable suggestion on this research.

Ultimately, all these efforts to spread the blame are in vain, and the author accepts full
responsibility for errors, omissions, and misinterpretations.

Mohammad Omar Faruk

&
Syed Musa Kajim Nuri
29 July, 2014

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