Taimur Alam Khondaker :
The present system of Criminal Justice focuses mainly on punishment rather to make compensation on the damage caused by the offender against the victim, like injuring on physically, emotionally, financially, injury on good will and good reputation etc. In some cases the offender became victim if he had born the compensation more then the loss caused by the offender, the stakeholder of victim is he himself, his nearest family members and extended family member.
In our locality especially in the rural area there was a panchayat system which was formed by the conventional procedure of local people, especially by the senior citizen of respective tribe. The panchayat was formed under the sprit of local society who were not legally empowered by any legal authority, but they have/had an unwritten control over the society as a whole.
In the year 1961 the government enacted a law under the name and style ‘The Conciliation Court Ordinance’ 1961 which was formed under the control of Chairman of respective Union Parishad. This type of court was specially formed to solve the local and minor dispute by the representative of both disputed parties and Union Parishad representative. But this adalat had no authority award punishment, conviction or pass an order for confinement in custody.
Later on 3rd August 1976 the government passed an ordinance under the name and style “The Village Court Ordinance, 1976 to formulate the constitution of Village Court for trial of certain cases in rural areas. By notification dated 20/10/1976 in Bangladesh Gazette the government fixed the day of 1st November 1976 to come in to force of the ordinance though out the country in every Union Parishad only, but shall not apply to any areas which are not with in the Jurisdiction of a Union Parishad. At the strength of this ordinance the Village Court was authorized for trial off both civil and criminal offence as described in the schedule A (for criminal offence) and schedule B (for civil offence). The Magistrate and Assistant Judge of respective district area were given authority to hear the appeal against the Criminal Appeal and civil appeal respectively. But this court is not empowered to try in following situation which are as follows:
a) Where interest of the minor is involved in the suit.
b) Provision for Arbitration has been made in a contract between the parties to the dispute.
c) The Government or a local authority or a public Servant acting in the discharge of his duty is a party to the dispute.
The government also enacted “Village Court Rules-1976” for smooth running of the Village Court along with the Administrative procedure of the concurred Court. In sprite of Village Court ordinance 1976 and Rule 1976 for speedily and easy disposal of the local dispute the government had enacted the law under the name and style The Village Court Act’ 2006. As no specific date was fixed for enforcement of the said law, but under Section 5(1)(b) the Government on publication of this Act in official Gazette on 9th May, 2006 the Act was come in to force.
The government under S.R.O No. 29/Ain/2016, dated 10/02/2016 had declared the Village Court Rules’ 2016 at the strength of Section 19/20 of the Village Court Ordinance, 2006. On the other hand under the strength of Section 21 of Village Court Ordinance, 2006, the Village Court Ordinance 1976 was dissolved. By way of enacting the above laws and rules, the Village Court has got the strength to become a “Court of Law.” At present the Village Court has a power to implement its own verdict.
At present there is a dead lock of disposal of Criminal and Civil cases which are pending before the lower court to High Court, even in the Appellate Division of the Supreme Court of Bangladesh. Therefore, a slogan has raised for Restorative Justice as an alternative arrangement for settlement of Judicial dispute thought out the country.
Convenience and inconvenience of trial in village court:
Convenience
1. That it is not costly.
2. There is no provision for appointment of lawyer.
3. The Village Court is formulated with the representative of the litigant parties.
4. That as the Criminal and Civil Courts are situated in District Headquarter, that is why the litigant parties had to take no obligation for Expenditure against traveling and others cost.
5. That the trial is not time consuming.
6. That there is easy process for participationing in trial in Village Court.
7. That the Village Court can take the decision on spot verification.
Inconvenience
1. That court has not sufficient knowledge of law.
2. That as because there is no provision for represent by lawyer that is why scope for interpretation of law is limited.
3. That question of impartiality of the court as because the local chairman and member of the union parishad are involved with the active politics.
Recommendation
1. That it is necessary to give proper training to the chairman and member of the union parishad regarding trial of the civil and criminal matters.
2. That now the post of chairman used to elected under the nomination of political parties and as such the elected chairman from political party can not be impartial. So, as such it is necessary to stop the political nomination union parishad election by way of repeal the relevant law.
