The high court is called the High Court and consists of the Appellate Section and the High Court Section. Because of the way they have been socialized, many women do not perceive themselves as having any rights.
Traditional Systems
Šalish is also susceptible to manipulation by corrupt henchmen and local musclemen who can be hired to dictate the pace and direction of the process through intimidation. In addition, women are particularly vulnerable to extreme convictions and harsh punishments because the traditional shalish consists exclusively of male members.
Union Parishad
Common Legal Problems
Three Approaches
Legal awareness
Media
This message is important as few people are aware of the government sanctions against the establishment of brickyards. The TV spot helped mobilize citizens for community advocacy against plans for brickyards in certain areas, and it informed people of their legal options if a brickyard were constructed near their homes.
Training
The messages are especially important because through the situations of the characters in the dramas, people can see how the laws fit into their daily routines. Media campaigns are usually accompanied by lobbying and sponsoring public dialogues with government officials, community leaders and other civil society personnel. For example, a TV spot informed the general public that the construction of masonry buildings on agricultural land causes soil loss. fertility and reduces the amount of land available for farming.
Workshops, Seminars, and Meetings
Group Formation
Mediation or Alternative Dispute Resolution (ADR)
The notes include personal information about both parties and details about the complaint and the nature (family, property, violence) of the trouble. It is important that neither party feels threatened and that both trust that the mediator is their friend and not the judge. The mediator - who is charged with the difficult task of maintaining order without offending either party - must ensure that neither party is interrupted.
At present, the mediator's main responsibility is to ensure that both parties have a fair chance to present their case fully. If the parties are unable to comply with the agreement, the mediator may choose to reopen the case at a later date.
Historical Background
Legal aid is an essential complement to legal awareness initiatives and ADR as it provides opportunities for disadvantaged citizens to overcome some of the obstacles that stand in the way of the formal justice system to claim their rights. But sometimes even the decisions supported by NGOs come to decisions that turn out to be unenforceable, and the NGO, in support of their client, has to take the case to court for redress. In the process, CLS integrated its own methodologies, such as the formation of small groups, the appropriation and transformation of local dispute resolution systems, and the training and monitoring of key people involved in traditional arbitration.
Building on the successes and lessons of previous efforts in legal awareness, ADR and legal aid, and recognizing the value of these activities and the overwhelming need to expand the provision of these services across the country, TAF decided to encourage the expansion of legal awareness . interventions, replication and expansion of ADR models and increased availability of legal aid. Kabi Sukanta Seba Sangha (KSSS), based in Gopalganj, and Bangladesh Legal Aid and Services Trust (BLAST), based in Dhaka, have programs with legal awareness, ADR and legal aid components.
Profiles of NGO Partners
Legal Awareness, ADR, and Legal Aid
Madaripur Legal Aid Association (MLAA)
MLAA provided paralegal training and technical assistance to its own partners as well as to other TAF-supported implementing NGOs under the DP. The MLAA also established direct mediation committees at both the village and union levels, expanding the scope of its earlier activities. The MLAA's ADR committee includes the chairman and members of the UP in the disputed area, imams (Muslim clerics) and madrassah (Muslim religious school) teachers, public and NGO school teachers, landowners and other local elites, as well as MLAA affiliates who are responsible for monitoring and reporting mediation cases.
MLAA also conducts mediator training on social issues such as land disputes, violence against women, marriage, polygamy and divorce. He also works hard to create and maintain goodwill among influential people in the.
Banchte Shekha
This NGO, more than others, has a tendency to hold participants in the conciliation committees to the letter of the law regarding women's rights, resulting in fewer compromises for the sake of peaceful relations and stricter adherence to justice for women. Banchte Shekha's emphasis on women representing women also helps to ensure that women's unique perspective is heard unimpeded. This approach, along with other program efforts to mobilize broader advocacy for women's issues in general, tends to increase adherence to mediation results and deter others from committing similar violations in intervention communities.
Dispute Resolution Committee
Palli Shishu Foundation (PSF)
Palashipara Samaj Kallayan Samity (PSKS)
Kabi Sukanta Seba Sangha (KSSS)
Bangladesh Legal Aid and Services Trust (BLAST)
With TAF support under the DP, BLAST has conducted training and workshops on ADR techniques and worked closely with UP members encouraging abused women to submit complaints for mediation. Most of the cases involved family disputes, including divorce, second marriage and land disputes. BLAST uses a people-centered mediation model that also complies with the country's jurisprudence principles.
During the DP, BLAST has held many meetings for UP members and chairmen and other community elites to share experiences of mediation to highlight its importance and improve community awareness.
Legal Awareness
Bangladesh Nari Progati Sangha (BNPS)
Bangladesh National Women Lawyers Association (BNWLA)
Centre for Development Services (CDS)
Shalish Kendra (ASK)
A leading women's rights organization, ASK implemented the Gender and Social Justice Project in the early stages of the DP. With six community-based partner organizations, ASK employed a variety of strategies to sensitize local government and law enforcement officials to the principles of gender justice and equality and to strengthen the capacity of local groups of women, journalists and social rights activists to monitor people. mechanisms for enforcing rights. To achieve these goals, ASK engaged in education and communication through hundreds of union-level workshops; monitoring shalish verdicts, law enforcement investigation processes and the incidence of successful prosecutions in cases of violence against women; and research into customary practices and existing laws.
Institute of Law and Development (lLD)/
Uannayan Sangastha (AOUS)
Other complementary programs
Legal Awareness Forum (LAF)
Bangladesh Centre for
Communication Programs (BCCP)
European Union Program
Lessons Learned
Increasing the legal knowledge and skills of the disadvantaged
Offering alternative methods of justice delivery
These activities have transformed the delivery of justice to the poor by providing more accessible and beneficial alternatives. The advantage of this process over the arbitration procedures of the traditional shalish is that everyone involved can speak freely and openly and participate in their own resolution, rather than withholding their views and then having the views of more powerful people forced upon them. . As a result, there are more decisions that are really in the interest of the injured party and they more often lead to satisfaction with the outcome.
While mediation cannot replace the formal legal system, as it depends on that system to determine the parameters and principles for resolving a dispute, mediation has nevertheless gained considerable credibility as a practical and inexpensive means of accessing the courts. In addition, local governments, law enforcement agencies, courts and other government officials, and members of civil society often refer cases to these programs for assistance.
Enhancing enforcement of shalish rulings
TAF partners under the DP addressed these shortcomings by working to change the traditional mediation system, ensuring that women and individuals other than the ruling elite participate in mediation committees, and initiating training to raise awareness among community leaders about gender equality and issues involving the disadvantaged. The NGO-led shalish is characterized by an emphasis on mediation over arbitration, a process that allows both parties to a dispute to voice their concerns and discuss the matter with the aim of reaching a mutually acceptable solution. The process of dispute resolution through mediation is so well received that even individuals from non-intervention areas are vying for this service.
Furthermore, since NGO workers can assist claimants through formal legal procedures, there is even greater pressure on parties to fully comply with decisions made through ADR. Sometimes the mere knowledge that a legal case is the next step is enough for parties to voluntarily comply with a demanding judgment.
Improving the efficiency and quality of the formal court system
Enhancing the rule of law
There is more harmony and less fear of oppression by the poor and women in entire communities now that they are informed of their rights and enabled to use mediation and the courts to resolve conflicts and reach equitable solutions. Likewise, more citizens began to demand that their rights regarding property, service delivery by their elected officials, and compliance of others with laws against theft, graft, and violence be upheld. Access to justice initiatives have helped create a greater willingness among individuals in many communities to assert their rights, which in turn has led to a pervasive attitude in society as a whole that the rule of law is no longer easily violated or can be ignored.
Empowering women
Mobilizing groups
Group mobilization is particularly beneficial for women or the marginalized poor who are otherwise reluctant to assert themselves. Socialized to keep their opinions quiet and endure hardship without protest, women who are grouped together in access to justice initiatives are much more likely to talk about their problems and seek practical solutions. The opportunity to share experiences often fosters a strong bond between women with similar domestic and legal problems and empowers them to better face the challenges of everyday life.
Through these groups, community-based advocacy initiatives also helped generate public outrage and additional community support for ARS and other NGO interventions.
Sensitizing government personnel
Improving material conditions
She is therefore better equipped to ensure her financial security if she is faced with divorce or the death of her father or husband.
Instituting predictable legal costs for the poor
Advocating for law and policy reform
Looking Towards the Future
Collaborate to develop potential trainers and resource persons
Emphasize monitoring impact and incorporate findings into project design
Emphasize tightening gap between formal courts and common citizens
Ensure credibility
Improve training methodology
Ensure sustainabiIity
