Promoting access to justice in Bangladesh: Towards a hybrid justice model

Abstract

This study delves into the critical issue of access to justice in Bangladesh, particularly focusing on the challenges individuals face within the formal criminal justice system. Significant barriers to achieving equal access to justice in the country include socio-economic disparities, corruption, discrimination, and judicial backlogs. The study argues for a nuanced understanding of justice dynamics, emphasizing the conflicts and synergies between formal and informal justice systems. Through an in-depth analysis of secondary data, public perceptions, and qualitative inputs, this research aims to demonstrate the feasibility and potential benefits of incorporating informal justice approaches, such as shalish and village courts, to tackle the identified challenges. The results indicate a substantial preference for local community-based conflict resolution approaches, especially for less serious offenses. To address a wide range of crimes and disputes, this study suggests a hybrid justice model that combines formal and informal mechanisms, promoting a context-specific and community-centered alternative. By engaging communities, offering flexibility, and implementing localized solutions, informal justice could effectively reduce case backlogs, ensure timely resolutions, and enhance social cohesion. This study offers valuable insights into the discourse on criminal justice reform, emphasizing the importance of inclusivity, efficiency, and fairness in transforming the landscape of justice delivery in Bangladesh.