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village court

village court

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What is village court?


 


Gram Adalat is a court formed under the Union Parishad to settle small civil and criminal cases in rural areas. In simple words, according to the Gram Adalat Act 2006, the court that sits in the Union Parishad to settle civil and criminal cases worth 25,000 rupees in the Union Parishad is the Gram Adalat. Gram Adalats provide access to justice for disadvantaged backward communities in rural areas. The people of the entire jurisdiction can file this case in the village court of the Union Parishad by paying 2 rupees in criminal case and 4 rupees in civil case. No other court can accept the full jurisdiction of the village court. There is no need for a lawyer to file a case in the village court. Due to which there is no chance for the case to be prolonged. This court sits in the presence of local UP members and honorable judges. The number of judges in the court is 05. Two nominated members shall be for the petitioner and 02 members shall be for the respondent. One of whom must be a respective UP member. As the trial is held in the presence of local UP members and dignitaries, there is no scope for false witness.


 


 


What information should be given in the application form in the village court case?

 


1. The application must be submitted in writing.

2. The name and address of the Union Parishad to which the application will be made must be present.

3. The name, address and identity of the applicant and the respondent should be there.

4. If there is a witness, the name, address and identity of the witness should be there.

5. The incident, cause of incident, place of incident and union name, time, date should be there.

6. The nature of the complaint or claim, should have value.

7. The amount of damages, the relief sought must be there.

8. The relationship of the parties must be mentioned.

9. Witnesses must have a role.

10. If the case is filed late, the reason should be mentioned.

11. Applicant must have signature.

12. There must be a date of filing of the case. (Section 3)


 


Appeals of Gram Adalat:


 


Gram Adalat has been established to ensure and facilitate the access of the poor people in the judicial system. Gram Adalats have been established so that the poor people of the villages can protect or establish their rights easily and at nominal cost. Small village disputes can be settled easily before they become big in this court. In 2006, the Government of Bangladesh established Gram Adalat through an ordinance to strengthen the foundation of justice in rural townships. This union level court has reduced the pressure of cases in the judge court and has brought dynamism to the entire judicial system. However, because the village court is run by the common people and their elected representatives or due to the behavioral defects of the people's representatives, this court often fails to protect its image. But legally Gram Adalat is a full court.


Penalty of village court:

According to the Gram Adalat Act, 1976, it has the jurisdiction to try both criminal and civil cases in specific cases. In this case, the value of fine or compensation was limited to 5 thousand rupees. The law enacted in May 2006 under Act No. 19 amending the Gram Adalat Ordinance of 1976 is more or less the same as the earlier law. However, the main change here is in the monetary limit of compensation in cases, which has been raised from Tk 5,000 to Tk 25,000. In both the 1976 and 2006 Acts, its formation, management, scrutiny of cases, issuance of decrees and preservation of records of proceedings have been identified as activities of the Union Parishad.


Grievances which are not tried in Village Courts:

a) In case of criminal case

If the accused person has previously been convicted by any other court of any cognizable offence.


b) In case of civil suit

• When the interests of a minor are involved;

• if any arbitration arrangement (arbitration agreement) has been entered into between the parties to the dispute;

• If the case involves a government or local authority or any public servant acting;

* No case can be filed in the village court against any unnatural person.


Through the village court, the poor people of the village will be freed from the burden and harassment of cases piled up in the judge's court. According to the Gram Adalat Ordinance and the Arbitration Court Ordinance, the Union Parishads have been constituted with the responsibility of conducting trials according to certain rules. As a result, the facility of village court is available at home without going to the city. According to the Courts Act-1976 and the amended Village Courts Act, 2006, the marginalized groups of villages will get the benefit of resolving both criminal and civil disputes in these courts. For example:

• Access to justice in less time and at nominal cost;

• Poor people have easy access to the judicial process because these courts do not have the opportunity to hire lawyers;

• Although the village court procedure is formal, settlement is amicable;

• Even though the village court is a legal system, the disputing parties consider it a social organization and consider the judgment of the village court as a social decision;

• The social bond between the disputing parties remains intact despite the judgment of the village court which does not exist during or after the judgment in the Magistrate or High Court;

• Implementation of judgments is easier as village court judges are local;

As the Gram Adalat has a legal basis, the judgment of this Court is accepted by the High Court.


To get this government service, a written complaint must be submitted to the Chairman of the Union Parishad on a white paper.


In cases triable by the village court, any party to the dispute seeks judgment in the Gr