The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis
Humanities and Social Sciences
Volume 5, Issue 5, September 2017, Pages: 176-183
Received: Aug. 26, 2017; Accepted: Sep. 18, 2017; Published: Sep. 28, 2017
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Authors
Md. Abdul Kader Miah, Department of Criminology and Police Science, Mawlana Bhashani Science and Technology University, Tangail, Bangladesh
Mahmuda Akter, Department of Criminology and Police Science, Mawlana Bhashani Science and Technology University, Tangail, Bangladesh
Md. Kamruzzaman, Department of Victimology and Restorative Justice, Institute of Social Welfare and Research, University of Dhaka, Dhaka, Bangladesh
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Abstract
Restorative justice is an innovative movement in the field of victimology and criminology. The formal judicial system of Bangladesh is very expensive and follows a lengthy procedure for the lack of financial resources and outdated legislation pose. Majority of middle class people therefore prefer or rather have no choice but to use the traditional justice mechanisms like restorative justice. This study was an effort to find out how restorative justice could be an effective method for dispute resolution to reduce the backlog and future case loads in Bangladesh. Besides, the core challenges of successful Restorative Justice and some prevention policies to recover drawbacks of the restorative justice in Bangladesh were also studied. As the nature of the research is qualitative in nature, data and information had collected from secondary sources. This study found that, the most important challenge of restorative justice in Bangladesh is the huge backlog of cases, relative ignorance and lack of confidence and legal awareness of the service seekers and providers, lack of monitoring and supervision of the court activities, negative attitudes and perceptions towards legal institutes and absence of legal aid and support. Though the Village Courts have limitations and drawbacks but still it is playing an important role in the settlements disputes and maintaining social peace and tranquility in the rural area. This study argues for the necessary amendments of the village court act, proper monitoring and supervision of the government, resources and preparedness as well as the responsiveness of all stakeholders that can ensure effective restorative justice in Bangladesh.
Keywords
Restorative Justice, Backlog Cases, Limited Jurisdiction, Village Court
To cite this article
Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman, The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis, Humanities and Social Sciences. Vol. 5, No. 5, 2017, pp. 176-183. doi: 10.11648/j.hss.20170505.13
Copyright
Copyright © 2017 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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