The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis

Md. Abdul Kader Miah; Mahmuda Akter; Md. Kamruzzaman

doi:doi:10.11648/j.hss.20170505.13

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The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis

Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman

Published in Humanities and Social Sciences (Volume 5, Issue 5)

Received: 26 August 2017 Accepted: 18 September 2017 Published: 28 September 2017

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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judicial system of Bangladesh is very expensive and follows a lengthy procedure for the lack of financial resources and outdated legislation pose.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.

Published in	Humanities and Social Sciences (Volume 5, Issue 5)
DOI	10.11648/j.hss.20170505.13
Page(s)	176-183
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2017. Published by Science Publishing Group

Keywords

Restorative Justice, Backlog Cases, Limited Jurisdiction, Village Court

References

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Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman. (2017). The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanities and Social Sciences, 5(5), 176-183. https://doi.org/10.11648/j.hss.20170505.13

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ACS Style

Md. Abdul Kader Miah; Mahmuda Akter; Md. Kamruzzaman. The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanit. Soc. Sci. 2017, 5(5), 176-183. doi: 10.11648/j.hss.20170505.13

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AMA Style

Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman. The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanit Soc Sci. 2017;5(5):176-183. doi: 10.11648/j.hss.20170505.13

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@article{10.11648/j.hss.20170505.13,
  author = {Md. Abdul Kader Miah and Mahmuda Akter and Md. Kamruzzaman},
  title = {The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis},
  journal = {Humanities and Social Sciences},
  volume = {5},
  number = {5},
  pages = {176-183},
  doi = {10.11648/j.hss.20170505.13},
  url = {https://doi.org/10.11648/j.hss.20170505.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20170505.13},
  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.},
 year = {2017}
}

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TY  - JOUR
T1  - The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis
AU  - Md. Abdul Kader Miah
AU  - Mahmuda Akter
AU  - Md. Kamruzzaman
Y1  - 2017/09/28
PY  - 2017
N1  - https://doi.org/10.11648/j.hss.20170505.13
DO  - 10.11648/j.hss.20170505.13
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 176
EP  - 183
PB  - Science Publishing Group
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UR  - https://doi.org/10.11648/j.hss.20170505.13
AB  - 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.
VL  - 5
IS  - 5
ER  -

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Author Information

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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APA Style

Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman. (2017). The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanities and Social Sciences, 5(5), 176-183. https://doi.org/10.11648/j.hss.20170505.13

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ACS Style

Md. Abdul Kader Miah; Mahmuda Akter; Md. Kamruzzaman. The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanit. Soc. Sci. 2017, 5(5), 176-183. doi: 10.11648/j.hss.20170505.13

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AMA Style

Md. Abdul Kader Miah, Mahmuda Akter, Md. Kamruzzaman. The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis. Humanit Soc Sci. 2017;5(5):176-183. doi: 10.11648/j.hss.20170505.13

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@article{10.11648/j.hss.20170505.13,
  author = {Md. Abdul Kader Miah and Mahmuda Akter and Md. Kamruzzaman},
  title = {The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis},
  journal = {Humanities and Social Sciences},
  volume = {5},
  number = {5},
  pages = {176-183},
  doi = {10.11648/j.hss.20170505.13},
  url = {https://doi.org/10.11648/j.hss.20170505.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20170505.13},
  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.},
 year = {2017}
}

Copy | Download

TY  - JOUR
T1  - The Effectiveness of Restorative Justice Practice in Bangladesh: An Analysis
AU  - Md. Abdul Kader Miah
AU  - Mahmuda Akter
AU  - Md. Kamruzzaman
Y1  - 2017/09/28
PY  - 2017
N1  - https://doi.org/10.11648/j.hss.20170505.13
DO  - 10.11648/j.hss.20170505.13
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 176
EP  - 183
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20170505.13
AB  - 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.
VL  - 5
IS  - 5
ER  -

Copy | Download