In Bangladesh, the judiciary plays a pivotal role in maintaining justice, upholding laws, and ensuring fairness in the society. However, a significant challenge that plagues the civil justice system is the chronic delay in delivering justice. Civil litigations, which encompass a range of cases such as family disputes, property conflicts, and contractual disagreements, often experience years—sometimes decades—before reaching a final verdict. This delay in justice not only hampers the efficiency of the legal system but also significantly affects the emotional and psychological well-being of the litigants involved.
This article aims to explore the detrimental consequences of delayed justice in civil litigations in Bangladesh, using research findings and real-life examples to illustrate how such delays impact the lives of litigants.
Civil litigation in Bangladesh involves cases related to property disputes, family law, contractual disagreements, defamation, and other non-criminal matters. These cases are typically filed in the District Courts, Appellate Division, and High Court Division of the Supreme Court. The legal process in Bangladesh, however, is infamous for its slow pace, with cases taking years—sometimes even decades—to reach a resolution.
A key factor contributing to this delay is the backlog of cases. According to the Bangladesh Supreme Court’s statistics, there are over 3 million pending cases in both civil and criminal courts. Civil cases alone account for a significant portion of this backlog. This extensive delay is exacerbated by factors such as the shortage of judges, inadequate infrastructure, and the complex procedural requirements that need to be followed.
The delay in civil litigations in Bangladesh leads to numerous consequences, especially for the litigants. Among these, the emotional and psychological toll is the most significant. Let’s examine the core emotional consequences faced by litigants involved in prolonged civil cases.
Litigants involved in civil cases often experience prolonged emotional distress due to the uncertainty of the outcome and the inability to resolve their legal issues in a timely manner. The fear of an indefinite delay in receiving justice creates anxiety and frustration.
For instance, in a property dispute, a litigant may be forced to live in uncertainty about their ownership rights for years, leading to emotional instability and financial distress as they struggle to manage their life and assets while the case drags on.
One example of this can be found in the ongoing disputes over land inheritance, where families have been locked in legal battles for decades. Often, the delay results in family conflicts, where relationships deteriorate as different members of the family become divided over the outcome of the case.
The prolonged nature of civil litigations in Bangladesh puts immense financial strain on the litigants. The cost of legal representation and court fees often escalate as cases drag on for years, with litigants bearing the financial burden of continued litigation. In many cases, middle-class and low-income families are unable to continue the process, leaving them at a disadvantage or forcing them to accept unjust settlements simply to relieve the pressure of ongoing litigation.
In cases related to divorce or child custody, the prolonged legal process can result in severe emotional trauma, particularly for children. Parents involved in lengthy custody battles often experience frustration as their children’s lives remain in limbo for years, impacting their emotional well-being and development. The prolonged court procedures exacerbate this stress, leaving families to wait in limbo, without any clear resolution.
When the legal system fails to deliver timely justice, it leads to a loss of confidence in the courts and the rule of law. The emotional toll of seeing one’s case dragged through an overburdened and under-resourced system can result in a deep sense of injustice. Over time, many litigants feel that the system is inherently flawed and is working against their interests.
For example, there are countless cases of divorce disputes in Bangladesh, where women, after years of litigation, still wait for fair rulings regarding maintenance or custody of children. These litigants experience the deep frustration of legal inefficiency, sometimes for generations.
The ongoing uncertainty in legal disputes can have lasting consequences on the mental health of litigants. Cases that last years often create a sense of hopelessness, leading to depression, stress disorders, and social isolation. In extreme cases, such ongoing stress can lead to suicidal thoughts or self-destructive behavior.
Studies on the issue of delayed justice in Bangladesh have found overwhelming evidence of its detrimental effects. According to a 2019 report by the Transparency International Bangladesh (TIB), the average time for a civil case to be resolved in the lower courts is approximately 5 to 7 years, while cases in the higher courts can take up to 15 years or more.
Additionally, a study conducted by the World Bank on the Bangladeshi legal system highlighted that the country has one of the highest backlogs of civil cases in the region. The report noted that a shortage of judges, a lack of infrastructure, and complex procedural requirements contribute significantly to the delay in civil case resolutions.
Furthermore, a survey of litigants conducted by a local law journal in 2020 revealed that nearly 70% of respondents felt that the prolonged legal process caused irreparable harm to their emotional and psychological well-being. Many respondents cited feelings of hopelessness, with some stating that they no longer had faith in the system.
One well-known example of delayed justice involves a property inheritance dispute in Dhaka. A family involved in a property dispute with a relative has been fighting a case for over 12 years, with no resolution in sight. This prolonged litigation has led to severe financial strain, the division of the family, and long-standing emotional distress.
In a case involving divorce and child custody, a mother has been waiting for a final ruling from the courts for 7 years. The delay has caused emotional trauma for both her and her children. Despite several interim rulings in her favor, the final judgment has not been delivered, leaving the children in a state of uncertainty.
Given the severe emotional toll that delayed justice has on litigants, it is crucial to implement reforms to address these systemic issues in Bangladesh’s civil justice system.
The government must appoint more judges and increase the number of courtrooms to handle the rising number of civil cases. Expanding the judiciary’s capacity can expedite the resolution of cases, reducing backlogs and delays.
Integrating digital case management systems in the courtrooms can streamline the litigation process, ensuring that cases are tracked efficiently and that delays are minimized. The use of technology can also provide litigants with real-time updates on their cases, reducing uncertainty and emotional distress.
Expanding the use of mediation and arbitration outside of the formal court system can provide quicker resolutions to civil disputes. Legal frameworks for ADR should be strengthened and made more accessible to the public.
Ensuring that legal aid services are available to all segments of the population, especially marginalized groups, can provide better access to justice, reduce financial stress, and alleviate emotional burdens. This is particularly important for low-income families and women involved in family law disputes.
The delays in civil litigation in Bangladesh have far-reaching emotional, psychological, and financial consequences for litigants. These delays, coupled with a backlogged court system, place a huge burden on individuals seeking justice. It is essential for the government and judiciary to implement comprehensive reforms aimed at reducing case backlogs, improving efficiency, and ensuring timely justice.
While the emotional toll of delayed justice is evident in the lives of countless litigants, swift reforms and increased access to justice could significantly alleviate the burden on society, allowing litigants to move forward with their lives with peace of mind. Timely justice is not only a right, but a moral and societal necessity for ensuring the well-being of every citizen.
