Judicial capacity building
Saturday, 7 June 2008
A litany of ills has made the country's judicial system one of the slowest in the world. Bangladesh has a judicial system derived mainly from an elaborate system of laws and procedures that are largely a legacy of the colonial British empire. The system has undergone many changes in today's Great Britain in order to help expedite the judicial proceedings and ensure proper disposal of cases in time. But the judicial system in Bangladesh has witnessed no substantive change in nature until now, leading to a huge backlog of cases. Short of adequate and competent judicial officers to deal with cases promptly, efficiently and properly with utmost integrity, the judiciary, though separated, of late, from the executive, is faceed with multi-pronged problems.
In this context, what the former Chief Justice of the country observed recently in his last address to the members of judicial community should engage the attention of the policy planners. The country's judicial system had proved itself to be effective under different eras. But it is now deficient in many areas. Its problems that are now being faced with, are largely in the areas of capacities. The number of litigations have soared over the years. But the capacities have not increased proportionately to deal promptly with them. Furthermore, the system has not been updated from time to time-where necessary-to be of use in response to new requirements arising in the legal spheres.
Thus, the judicial system in the country is not in a position to function properly in order to provide effective redress to people's sufferings for reasons of insufficient number of well-competent judges and inadequate number of court rooms, outdated record keeping system, manual operations when much of the rest of the world deals with computers, etc. In each of these areas, the dire need is capacity building. Physical expansion of capacities will likely lead to faster or a desirable speed in adjudication and disposal of cases in contrast to the tortoise-like movements of cases at present.
The central feature of a judicial system that works is the acceptable speed of adjudication. A litigant on starting a case should expect to get a decision within a reasonable period of time to, at least, compensate for the costs of legal services if not a decision in his or her favour as redress from a situation or personal harm. But cases can drag on for years under the prevailing court systems in Bangladesh and even the litigants may not live to see a verdict in their life-time in a good number of cases. The sheer costs of bearing with such a long litigation process is also a serious matter in most cases for the plaintiffs and the defendants. Necessary legislation for strengthening properly and substantially the judiciary has not been enacted yet. That has been impairing its functioning.
Speeding up the adjudication processes at all levels is a fundamental requirement towards the establishment of rule of law. Certainly, this speeding-up process is vitally linked to attaining more physical capacities to conclude hearings and related procedures and deliver verdicts within a reasonable time-frame. Furthermore, there are many laws in existence in Bangladesh which seem to be suitable for a different time. The upgradation of these laws have been felt for a long time. This is particularly the need in the realm of modern-day business and finance-related operations. Laws pertaining to investment, trade and commerce, property rights, titles to land, tax matters, business deals, contracts and financial litigations etc., are considered outdated in Bangladesh by most parties involved in related cases. The inability to get these laws updated is seen as constraints to having a more conducive and, thus, more attractive business environment.
In this backdrop, the restructuring of the judicial system is seen as imperative in the context of Bangladesh. The restructuring should lead to expansion of capacities, where these are not adequate, or to building up of new capacities to cope with present demands, upgradation and changes in operational procedures and related matters. It needs realisation that a sound judicial system not only dispenses justice but also contributes, in a myriad of ways, to the economy's overall development.
In this context, what the former Chief Justice of the country observed recently in his last address to the members of judicial community should engage the attention of the policy planners. The country's judicial system had proved itself to be effective under different eras. But it is now deficient in many areas. Its problems that are now being faced with, are largely in the areas of capacities. The number of litigations have soared over the years. But the capacities have not increased proportionately to deal promptly with them. Furthermore, the system has not been updated from time to time-where necessary-to be of use in response to new requirements arising in the legal spheres.
Thus, the judicial system in the country is not in a position to function properly in order to provide effective redress to people's sufferings for reasons of insufficient number of well-competent judges and inadequate number of court rooms, outdated record keeping system, manual operations when much of the rest of the world deals with computers, etc. In each of these areas, the dire need is capacity building. Physical expansion of capacities will likely lead to faster or a desirable speed in adjudication and disposal of cases in contrast to the tortoise-like movements of cases at present.
The central feature of a judicial system that works is the acceptable speed of adjudication. A litigant on starting a case should expect to get a decision within a reasonable period of time to, at least, compensate for the costs of legal services if not a decision in his or her favour as redress from a situation or personal harm. But cases can drag on for years under the prevailing court systems in Bangladesh and even the litigants may not live to see a verdict in their life-time in a good number of cases. The sheer costs of bearing with such a long litigation process is also a serious matter in most cases for the plaintiffs and the defendants. Necessary legislation for strengthening properly and substantially the judiciary has not been enacted yet. That has been impairing its functioning.
Speeding up the adjudication processes at all levels is a fundamental requirement towards the establishment of rule of law. Certainly, this speeding-up process is vitally linked to attaining more physical capacities to conclude hearings and related procedures and deliver verdicts within a reasonable time-frame. Furthermore, there are many laws in existence in Bangladesh which seem to be suitable for a different time. The upgradation of these laws have been felt for a long time. This is particularly the need in the realm of modern-day business and finance-related operations. Laws pertaining to investment, trade and commerce, property rights, titles to land, tax matters, business deals, contracts and financial litigations etc., are considered outdated in Bangladesh by most parties involved in related cases. The inability to get these laws updated is seen as constraints to having a more conducive and, thus, more attractive business environment.
In this backdrop, the restructuring of the judicial system is seen as imperative in the context of Bangladesh. The restructuring should lead to expansion of capacities, where these are not adequate, or to building up of new capacities to cope with present demands, upgradation and changes in operational procedures and related matters. It needs realisation that a sound judicial system not only dispenses justice but also contributes, in a myriad of ways, to the economy's overall development.