Shalish and village courts are traditional, informal justice systems used in rural Bangladesh to resolve disputes. Shalish involves mediation and counseling to address misconduct and resolve objections, while respecting the parties involved. Village courts were established to help reduce the backlog of cases in the formal justice system. They allow rural people to resolve disputes inexpensively and informally. However, shalish and fatwa rulings sometimes favor influential people and can violate human rights. Formalizing village courts could help address challenges like lack of training for juries and enforcing decisions. Overall, these traditional systems aim to provide affordable access to justice for rural communities, but reforms are still needed to ensure fairness.

1. Shalish and village court including Fatwa
1 Preparedby_Jhuma_Halder,
Introduction:
Shalish is the traditional system to mitigate dispute at local area. It is a capacity of contract. It
has legal value. The disputant parties can get award having jurisdiction to decide the questions
forming the subject matter with reference provided
by the terms and conditions between parties. The
process of agreement of the subject matter to
contract such dispute parties claimed submitting
notice and continuous hearing from the both
parties. The statement of claim before juries is the
damage of parties and claim specific allowance
and award through Shalish. Shalish includes
mediation and counseling addressing the
misconduct and objection of liabilities.
Limitation of Shalish preconditions the parties
applying for particular matter/s to respect accurate
terms and conditions. It affects the legal
proceedings upon the whole subject matters.
Mediation mean flexible, informal, non-binding,
confidential, non-adversarial and consensual
dispute resolution process in which the mediator shall facilitate compromise of disputes in the
suit between the parties without directing or dictating the terms of such compromise.
Activating village court as a system of rural justice:
Considering the increasing load of pending cases village court is the best alternative where rural
people would get justice in very nominal
grievances expenses and in a cordial and informal
environment. Apart from that the long standing
vengeances are also mitigated whilst the dispute
is resolved in their presence without too much
legal jargons to play part of during the process.
Many grievances which are never accessed to
formal justice system due to its formalities and for
the cause of expense can be resolved through
village courts and that would contribute
substantially in establishing rule of law.
Shalish
 Shalish conducted by the nominated or
designated person
 It is a process of changing the attitudes
of both party and claims mutual
benefits
 Shalish respect parties
 Shalishinfluencesthe partiesenhancing
the speedy trial of disputes
 Shalish can proceed for documentation
 Shalishinvolvesbenefitsof both parties
 Shalish does not require religious
statement
Private Shalish:
 It is a part of mediation
 It makes mutual agreement
 It follows win-win process
 It dealsthe persontopay compensation
to affected person
 In this process both parties satisfy
 It respects both party
 It contains the physical and mental
condition and circumstances
 It includespreferable decision made by
both party
 It permits the opportunity to next

2. Shalish and village court including Fatwa
2 Preparedby_Jhuma_Halder,
Fatwa
 Fatwa made bythe religiousleaders/
 Fatwa favorsinfluential people
 Fatwa believestraditional religious
rigidity
 Fatwa distributesseparate procedure of
religiouscorruption
 Fatwa dependsonverbal recognized
formof customin religion
 Fatwa misusesthe powerandilliteracy
 Fatwa requiresreligiousstatement/s
made by the local leaders
Historical aspect in judiciary/ trait of rural justice system (in Bangladesh):
The village court has been established under the village court ordinance 1976 with a view to
adjudicating petty civil and criminal matters in the rural areas. The village court cannot pass an
imprisonment order or impose fine. No one party can appoint a lawyer to plead their case before
the village court.
The village court may refuge to summon a witness or to enforce a summons already issued
against a witness when in the opinion of the court the attendance of the witness cannot be
produced without such delay, expense or inconvenience as in the circumstances would be
unreasonable.
Historical backgrounds on general requirements of justice system:
- Religious interpretation used in the traditional informal justices
- Community involvement
- Rural arbitration process
- Various nomenclatures: shalish, samaj, panchayet, religious barrier, etc.
- Rigorous tradition
The village court shall not require any person living beyond its jurisdiction to give evidence or to
produce or cause the production of a document unless such sum of money is deposited for
payment to him as the court would think sufficient for meeting his travelling and other expense.
The village court shall not require any person to produce any secret document or unpublished
official record relating to any affairs of the State, or permit any person to give any evidence
derived from such secret document or unpublished official record except with the permission of
the officer at the head of the department concerned.
If any person to whom a village court has issued summons to appear and give evidence or to
production of any document before it willfully
disobeys such summons, the court may take
cognizance of such disobedience, and after
giving such person as opportunity to explain,
sentence him to a fine not exceeding taka
one thousand (BDT -1000/-)
The representatives of the parties follow the
role of Union Parishad to functionalize the
village court to satisfy the parties. It requires
gaining sufficient knowledge and information
on rural justice system and village court and
understands the role of laws, judicial norms,
values, reporting system which includes the
law and order of standing committee of the

3. Shalish and village court including Fatwa
3 Preparedby_Jhuma_Halder,
Union Parishad.
Process of Village court:
The village court is consisted of one chairman along with two UP members and two other
members nominated by the each party to the dispute totaling five members of the local union
parishad.
The village court is a semi-formal court that constitute under section – 5 of the village court act –
2006 that administered by the union parishad (UP).
The village court authority submits their status information to UpazilaNirbari (Executive) Officer
(UNO).
The rural justice system is divided in to two major dimensions. Such as: state-led rural justice
system and non-state-led justice system. State-led justice system operates village court and
non-state-led justice system is operated by shalish system, alternative dispute resolution, etc.
Both are informal justice
system follows the law. The
non-state-led rural justice
system called as informal justice
system. It follows local
customs, traditions or
religious statements or
any decision make based on
the circumstances
at the end of the meeting or
sitting in mediation.
Provisions of village court on
the parties:
The decision shall be binding on the parties and shall be enforceable in accordance with the
provisions of the village court. Final decision of the village court should be made with consensus
of major members of the court. Regarding this, section – 8 refers that –
- If the decision of the village court is unanimous or made by a majority of four to one
(4.1) or
- If the decision made by a majority of three to one (3.1) in presence of four members.
There are common practices about local shalish for specific incidents for resolving the problem.
Since the village court does not sentence to fine not exceeding 75000/- taka that result cause of
corruption and undelivered process of fair justice. At first the village court tries to satisfy the poor
people settling the dispute in the aforesaid register. Both party informed about the date of
sessions for discussion the disputed matter and signed the statement they made in the session.
Then the prescribe form or written documents present before the jury if the session continue or
the parties may require time for taking decisions.
People’s opinion:
 Village court does not certify award
 It is not binding/ restricted
 It doesnotstop religioustraditionalcustomwhichmake
obstacle to empowerment
 It doesnotjustifyperformance andefficiencyof the jury
 It does not evaluate the inclusion of vulnerable
community
 It does not make allegation upon the formal service
providers and Governmental officials
 Interestedpartydisobeysthe village courtprocess

4. Shalish and village court including Fatwa
4 Preparedby_Jhuma_Halder,
Shalish is an informal and unofficial justice
which constituted by the rural powerful
community leaders. Shalish recognized the
tendency of religious edicts as a part of justice
and it made the forcible bindings for the
aggrieve parties. The accused does not appear
the time of vindication of the religious people
who fever the accused. Fawta is a term of
religious edicts which involve the
aggressiveness, corruption, interference of the
influence people who made wrong judgment.
Shalishas informal justice sometimes leads the
false unprofessional wrong judgment favoring
negative influential people. The whole process
of shalish is systematic process of alternative dispute resolution.
A large section of rural people in Bangladesh live below poverty lines who are struggling to get
access to formal justice system. Accessing formal justice is not only expensive for the indigent
people but also make procedural difficult. It requires cost related to expenses of frequent
travelling to court and expenses for conducting cases including lawyer fees. The fees of lawyer
are so high that sometimes it is more than the value of the disputed matter. Legal aid is very
rarely available to the rural people although some NGOs and government provide some legal
aid which is not sufficient comparing to the need.
The Union Parishad chairman and members do not properly follow the village court act
procedure. Fair judgments need formal issues which consider the way of dispute resolution in
possible way as practice. The UP need to make moot court in the union parishad and adjective
body which regularly follow up the cases filed in to register or functional body for activating
village court.
The village court cannot pass the imprisonment order or impose fine. The law has made
provision and empowered the Union Parishad to act as a court at the lowest level for the
resolution of family dispute which is civil nature and some provision of petty criminal matter like
unlawful assembly and rioting, criminal intimidation, affray, voluntarily casusing hurt to any
person which may be on provocation, etc..Shalish does not do anything as an administrative
contact. Formal shalish under village court made advance the rural people.
When the illegal practice, human rights violation, familial problem or divert expression on the
vulnerable community affects much on the community people, the formal justice can improve
the condition and manage grievances.
As a formal court village court can challenge the party to mitigate the dispute as documented in
the Union Parishad register. It notices to the opposite party to appear before jury board
comprised by the 5 members and give evidence or to produce or cause the production of any
Benefitsofvillage court:
 Village courtisa legal framework
 It made unique provisions
 It benefitscommunitypeople
 It evaluate the circumstances
 It resolve the social problem considering
transparency, fairness and quick decision
 It integrates the UP representatives,
officials and community members
resolving the dispute
 The decisionof village courtconvince the
bothparty

5. Shalish and village court including Fatwa
5 Preparedby_Jhuma_Halder,
document as require. It adds the provisions of Code of Civil Procedure, who is exempted from
personal appearance according to section 10 of the village court act.
Case study based lesson:
1. It is a short process of resolution of the problem issues
2. We can avoid politics of the parties and avoid harassment though mutual process of
shalish
3. We can identify the types of crime and dispute generally occur in rural areas
4. Persecution of women form mainstreaming can be stopped
5. Petty litigation/ common litigation can be resolved at community level.
Challenges for activating village court as formal justice at local level:
There are many challenges before the village court as an active formal justice at rural level. The
key challenges are as follows:
1. There is free legal aid services in every district which has scheme to provide services for
the indigent litigants which influence the litigant receiving better service
2. When the indigent litigants failed to meet funds as need for the legal aid scheme, village
courts take it as complicated matter and then village courts do not allow the mater as
machinery enforcement of the impartial judiciary
3. Low education and lack of knowledge of consisted committee/ juri board about
activating procedure of village courts is a hindrance of easy access in to judicial system
4. If accused or opposite party absent in hearing of the session the appellant gets delay
5. There is no functional monitoring of the village court activity
6. Misuse of political power of Union Parishad members deprive the indigent litigant
7. Justice deny at the time of inactivating village court process for the indigent litigant
8. At the time of counseling session the respondent / accused does not accept the
complaints which remains the impossible circumstances for the decisions favoring the
aggrieved party
9. Lack of logistic support and consciousness of the disputed party the decision cannot
execute made in judgment
10. The jury board in village court does not have formal or informal training resolving the
dispute.