
The judicial system of Bangladesh has been facing various challenges for a long time. The long time it takes to dispose of civil cases in this country has been clearly highlighted through several reports and statistics. In land disputes, family cases or any other legal issues, lack of system for formation of judges and magistrates, complex legal processes and lack of adequate technology - these problems contribute to delay in disposal of cases. This long duration of the judicial system creates deep financial and emotional stress on the general public, which gives rise to a kind of distrust and frustration in the society. This problem can be solved if modern technology, appointment of skilled judges and Alternative Dispute Resolution methods are effectively introduced.
Several statistics have emerged on the duration of civil cases in Bangladesh. A 2019 government report said that about 70% of civil cases in the country are land-related, and the average disposal time of such cases can be from 8 to 10 years. Land or property-related cases are very complex in terms of procedure, due to which these cases cannot be disposed of in a timely manner. According to 2023 statistics, the average time to dispose of civil cases in the country is about 5 to 6 years. Another 2022 report stated that 35% of civil cases remain pending for more than 5 years, which creates a kind of frustration in the entire judicial system and society.
One of the main reasons for this problem is the insufficient number of judges. In Bangladesh, each judge has to take on the responsibility of hearing many cases, which results in delay in the disposal of cases. This problem is especially pronounced in big cities like Dhaka. According to a statistic published in 2018, the total number of pending cases in Bangladesh was about 4 million, of which 70% were civil cases. And the number of pending cases is increasing every year, which is putting pressure on the courts.
The lack of modern technology within the judicial system has also been identified as one of the reasons for the long delay in cases. If the digital system was effectively implemented today, the disposal of cases could have been much faster. But many courts in Bangladesh still use old recording and filing systems, which makes it impossible to search for information and monitor the status of cases properly. This results in delays in hearings and decision-making.
Legal complications and the process of collecting evidence are more time-consuming. In particular, cases related to land or property, where it takes a long time to collect documents and evidence, can take longer to resolve the case. In this case, waiting for the parties to the case and the legal process are inevitable.
The long-term nature of civil cases is not only harmful to litigants, but also has a wide social and economic impact. Delays in the legal system not only mean a delay in legal resolution, but can also cause mental stress, financial loss and social instability for litigants. A 2022 research report found that many of those who wait for a long time for their cases to be resolved in court become mentally depressed. In addition, the long-term nature of land or property cases creates family unrest, social conflict and uncertainty, which creates instability in society.
“The lack of modern technology within the judicial system has also been
identified as one of the reasons for the long delay in cases. If the
digital system was effectively implemented today, the disposal of cases
could have been much faster”
Talking about the economic impact, long legal processes can be harmful to businessmen and investors. If litigants feel that their cases are not being resolved quickly, they may lose confidence in the judicial system in the future, which will have a negative impact on the legal environment of the country. If businessmen file cases in court regarding land or property disputes, if the resolution of the case takes a long time, it will have an adverse impact on their economic activities.
This problem can be solved. First, it is possible to speed up the resolution of cases by increasing the number of judges and improving their skills. If a sufficient number of judges are appointed in every region of the country, the hearing of cases will be faster. In addition, their training and experience need to be increased so that they are able to take quick and correct decisions. Second, it is possible to speed up the speed of cases by introducing a digital court system and conducting the case process online. It is possible to quickly find information and expedite the filing process through e-filing, online hearings and systems.
Alternative Dispute Resolution methods can be an effective solution. It provides an opportunity to resolve disputes outside the court, which greatly reduces the duration of the case. Through this, both parties can reach a satisfactory solution through negotiations. This method has already been successfully implemented in many countries around the world and is an important step in increasing the speed of case disposal.
The long duration of civil cases has become one of the biggest challenges in the judicial system of Bangladesh. It is affecting not only the legal process but also the economic and social stability of the society. It is possible to reduce the time for case disposal through measures such as increasing the number of judges, use of modern technology, and alternative dispute resolution methods. If the government's initiatives and reforms in the judicial system are effectively implemented, on the one hand, public confidence will increase, and on the other hand, the legal environment of the country will also be strengthened. Therefore, speedy disposal of civil cases is essential for the improvement of the country's legal system.
The writer is a student, Department of Law, World University of Bangladesh