Justice on hold: Addressing Bangladesh's judicial backlog

The issue of case backlogs in Bangladesh remains a persistent problem in 2024, continuing to undermine the efficiency of the judicial system and delaying justice for millions. Despite technological advancements and policy efforts, the backlog of pending cases in courts across the country is reported to be over 4.2 million. 

This staggering number represents a pressing challenge for litigants, the judiciary, and the government alike, as delayed resolutions hinder not only justice but also economic and social progress. This article delves into the factors contributing to this crisis, real-world examples, and actionable solutions for reform.

The historical roots of this backlog date back to Bangladesh's independence in 1971, when the newly formed nation struggled to rebuild its legal and governance institutions. The judiciary inherited an overburdened system, and as the population grew and economic activities expanded, the volume of litigation surged. 

Unfortunately, structural reforms failed to keep pace with this growth, leading to a snowball effect of pending cases over decades. Despite incremental improvements, the judiciary continues to face challenges in meeting the demands of a growing population of over 170 million people.

Currently, the judicial system in Bangladesh operates with approximately 2,100 judges, creating a ratio of one judge per 90,000 people. This severe shortage results in prolonged case hearings and delayed verdicts. 

The inefficiencies are compounded by outdated procedural laws that allow frequent adjournments and unnecessary delays. Lawyers often exploit these procedural loopholes, using tactics to prolong cases for their clients' perceived benefit, which not only increases costs for litigants but also perpetuates inefficiency within the system.

An illustrative example is the decades-long litigation in a land dispute involving multiple families in Rangpur, a northern district of Bangladesh. Initially filed in 1998, the case remained unresolved for over 25 years due to repeated adjournments and appeals. 

Such examples are unfortunately common in Bangladesh, particularly in rural areas where land disputes dominate civil court dockets. This prolonged litigation not only causes financial strain on the parties involved but also leads to social discord and, in some cases, violent confrontations.

The backlog in criminal cases presents an even graver picture. Many undertrial prisoners languish in jails for years awaiting judgments. According to recent reports, undertrial prisoners constitute nearly 80% of the total prison population in Bangladesh. 

One high-profile example is the Chittagong Arms Haul case, which began in 2004 and took over 15 years to reach a conclusion. The drawn-out proceedings highlighted the systemic delays in handling even significant criminal cases.

Technological inefficiencies also play a significant role in perpetuating delays. Many courts still rely on manual systems for filing and record-keeping, a practice that is both time-consuming and prone to errors. 

Efforts to introduce digital systems, such as e-filing and virtual court hearings during the Covid-19 pandemic, have shown promise but remain limited to urban courts. Rural areas, where a significant portion of the population resides, still lack access to these modern systems, further widening the justice gap.

To address this crisis, the government and judiciary must work together to implement comprehensive reforms. First and foremost, increasing the number of judges and court staff is essential to reducing the workload and expediting case processing. Recruiting additional judicial officers and training them to manage cases efficiently can help alleviate some of the burden on the existing workforce.

Modernising the judiciary through the widespread adoption of digital technologies is another critical step. Establishing centralised, automated case management systems and enabling online filings can significantly improve the speed and transparency of judicial proceedings. Expanding these initiatives to rural areas would ensure equitable access to justice for all citizens.

The promotion of alternative dispute resolution (ADR) mechanisms, such as mediation and arbitration, can also help divert minor disputes away from the courts. While the government has encouraged the use of ADR, greater public awareness campaigns and incentives for adopting these methods are necessary to increase their acceptance among litigants. Specialised tribunals, such as those for labour disputes and environmental cases, must also be equipped with sufficient resources to function effectively.

Accountability within the judiciary is equally important. Implementing performance metrics for judges and lawyers and introducing penalties for unnecessary delays can foster a culture of responsibility and efficiency. Additionally, revising outdated procedural laws to streamline hearings and limit adjournments is crucial to reducing delays.

The backlog of cases in Bangladesh represents more than a judicial challenge—it is a societal crisis with far-reaching consequences. The delays erode public trust in the legal system, discourage investment, and exacerbate social inequalities. However, this crisis also provides an opportunity for transformative reform. 

By prioritising investments in judicial infrastructure, adopting modern technologies, and fostering a culture of accountability, Bangladesh can create a judiciary that upholds the promise of timely and fair justice for all. The time for decisive action is now, as justice delayed continues to be justice denied.

Md Ibrahim Khalilullah is the Vice-President of Bangladesh Law Alliance (BLA).

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.