Revolutionizing Rural Justice: Bangladesh’s Village Courts See Fourfold Penalty Power Increase

Md. Shawkat Alam Faisal: The village court plays a vital role as the lowest tier of the judicial system in Bangladesh, operating as a local arbitral tribunal established under the Village Court Ordinance, 1976. This institutional framework aims to expedite the resolution of certain cases and related matters in rural areas, emphasizing accessibility and fairness in the justice system.

The penalty authority within village courts is set to undergo a substantial increase, with fines quadrupling in magnitude. Currently, the village court’s fine limit stands at a modest 75,000 taka. However, the government has endorsed a significant adjustment, raising this cap to a more substantial sum of three lakh taka. This development stems from the official approval of the ‘Village Courts (Amendment) Act, 2023’ during a recent cabinet meeting held under the leadership of the Prime Minister. Certainly, let’s delve further into the significant changes brought about by the ‘Village Courts (Amendment) Act, 2023’ and the broader context of the village court system in Bangladesh.

The decision to increase the penalty power in village courts, as stipulated in the Amendment Act, marks a pivotal moment in the evolution of Bangladesh’s legal landscape. The village court, often referred to as the Gram Adalat, serves as the bedrock of the country’s judicial system, providing essential legal services to rural communities. By enhancing the court’s financial authority, the government aims to address the changing needs and demands of these communities and ensure that justice is accessible and effective at the grassroots level.

The move to increase the maximum fine from 75,000 taka to three lakh taka is a clear indicator of the government’s commitment to strengthening the village court system. This change provides the village courts with more substantial financial leverage to address a wider range of cases, fostering a more equitable and responsive legal environment in rural areas.

Cabinet Secretary Md. Mahbub Hossain’s announcement of the cabinet’s approval of this amendment underscores the extensive deliberation and consideration that went into this decision. This change is not only about financial adjustments but also about enhancing the decision-making process within village courts. The requirement for an odd number of court members, including the chairman of the union council, ensures balanced and representative decision-making. In cases where a member is absent, the chairman’s decision assumes precedence, maintaining the efficiency and functionality of the village court system.

Moreover, the shift from using the term ‘minor’ to ‘child’ in certain sections of the law reflects the evolving legal and societal perspectives on juvenile justice. This legislative change reflects the government’s responsiveness to the demands of village court chairmen and the evolving legal landscape. The change aligns with international standards and demonstrates the government’s commitment to upholding the rights and welfare of children in legal proceedings as well.

In sum, the ‘Village Courts (Amendment) Act, 2023’ signifies a progressive step in the ongoing efforts to refine and modernize the village court system in Bangladesh. It exemplifies the government’s commitment to providing accessible, fair, and effective justice to rural communities while acknowledging the evolving needs and demands of these areas. As the lowest tier of the country’s judicial system, village courts continue to play a crucial role in ensuring justice and dispute resolution in Bangladesh’s rural areas.

Md. Shawkat Alam Faisal is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.