Historical

Development of
ADR in Bangladesh
ADR in the pre-Independence
Era

ADR in the pre-historic era

(circa 6000 BC-1206 ADR) ADR in British India

6000 BC-1206 1858–1947

1206–1857 1947–1971

ADR in the Muslim period ADR in undivided Pakistan

ADR in the pre-historic era (circa
6000 BC-1206 ADR)

“Village self-
Governance by
government in the sub-
Informal justice from religious and cultural
continent is as old as
time immemorial norms and practices of
the villages
the society.
themselves.”

Difficult to trace out

Popularity of the exact time and
panchayets or salish origin of panchayets or
salish
 Rig vedas, the oldest Hindu religious script,
dating from 1200BC BC, mentions the
existence of village self-governance in
ADR in India.
the pre-
Resolution of disputes, during the period of
historic Dharmashastra, by the heads of
neighbourhoods is also found in the work
era (circa of Amartya Sen.
6000 BC-
1206 This kind of government was the basic
form of governance until the 6th century BC
ADR) when the large kingdoms began to emerge
and the role of local government became
subject to the central authority.
 1500BC-1206AD: Hindu rulers governed the
ADR in sub-continent, the king was considered the
‘fountain of justice’ and was the highest
the pre- authority in the Court of Appeal in the State.

historic Government officials ran other courts and

era (circa tribunals to administer justice under the
authority of a king.
6000 BC-
1206 But the central authority left local people to
resolve civil and petty criminal matters by
ADR) their local village council, i.e. panchayat.
 Sultanate period (1206-1526
AD)

ADR in
the
Muslim Mughal period (1526-1857
AD)
period
(1206-
1857) During the Sultanate period,
the Sultans of Delhi
maintained the panchayat
system as the lowest tier of
adjudication.
 ADR in the Muslim period
(1206-1857)
(a) Introduction of Kazi’s court
• To decide on civil and criminal cases
• Number of cases was low as village
panchayet’s settled most of the disputes
• Non-interference from the central
administration to the decisions of the
village administration
 (b) Continuation of
Panchayet and Shalish
ADR in • Village panchayets made up of a
council of village headmen; and
the their composition varied
depending on the economic and
Muslim social structure of the villages
being governed.
period • Panchayets resolved different
forms of disputes
(1206- • Sometimes to ensure that the
members of a caste adhered to
1857) the religious and social norms of
their caste and to settle their
disputes.
 (b) Continuation of
Panchayet and Shalish
ADR in • Panchayets to maintain public
the order and inter-caste
relationships among the
Muslim villagers and to resolve labour
disputes such as those among
period servants and farmers or
(1206- among the servants of
different farmers.
1857) • Village Panchayets
responsible for resolving civil
disputes within the area.
 (b) Continuation of Panchayet and Shalish
• Shalish: meaning ‘three’. ‘middle’ as in middle
man the third-party helper in a conflict
resolution.
• Siddiqui: “Custom and religion made the
panchayets so important that they often had
ADR in the an almost sacred status-although they could
hardly be described as unbaised and objective.
Muslim The Panchayets never made their decision by
voting, but by consensuses arrived at by the
period upper caste members of the panchayat, and
this was generally accepted by the lower
(1206-1857) castes. This method well suited the purpose of
the conservative village leadership, which
wanted to maintain the status quo in society.”
• No interference from the central government
and no appeal against the decision of
Panchayet.
 (a) Permanent settlement and
Zamindari system

ADR in
British Decline of Moghul rule and East India
Company’s intervention in local justice
system under Royal Charter 1726
India
(1857- New Zamindari system to administer
justice by curbing the authority of the

1947) deeply rooted indigenous panchayet

system.

Zamindari system proved to be

ineffiecient as the Zamindars
(landlords) were usually biasged,
oppressive and concerned with profit.
 (b) Revival of Panchayet
through Chowkidari Act
1870
ADR in
• Importance of long adopted
British panchayet system and revival of
panchayet by promulgating the
India Chowkidari Act 1870.
• A DM could appoint a village
(1857- panchayat consisting of 5 members.
• Panchayet to maintain law and
1947) order in the village with the help of
Chowkidars (village guards)
employed by te nominated
panchayet.
 (b) Revival of Panchayet through
Chowkidari Act 1870

ADR in
British To resolve disputes only through
mutual consent between parties

India
(1857- First formal local body in the sub-
continent
1947)
However, failure to restore essence of
panchayat which the population
enjoyed in the pre-British era, as
Zamindars and their nominees
continued to influence village shalish
conducted by panchayets.
 ADR in British India
(1857-1947)

(c) The Bengal Village Self-Government Act 1919

• The Act strengthened the local government body by
empowering it to adjudicate over petty criminal offences in
their locality.
• Similar functions like the village courts in Bangladesh.
• Montegu-Chelmsford reform (1919): the self-government of
local areas was put under the control of Indian ministers for
respective provinces as ‘transferred subjects’ of the British
monarchy.
• 8 provinces of India passed self-governance Acts by 1925.
• The Bengal Village Self-government Act 1919 was a similar
Act passed for the self-governance of Bengal.
 The Montagu–Chelmsford Reforms 
• The Montagu–Chelmsford Reforms or more briefly known as
Mont-Ford Reforms were reforms introduced by the colonial
government in British India to introduce self-governing
institutions gradually to India.
• The reforms take their name from Edwin Samuel Montagu,
the Secretary of State for India during the latter parts of
World War I and Lord Chelmsford, Viceroy of India between
1916 and 1921.
• The reforms were outlined in the Montagu-Chelmsford
Report prepared in 1918 and formed the basis of
the Government of India Act 1919. These are related to
constitutional reforms.
Montagu Chelmsford • Indian nationalists considered that the reforms did not go far
enough while British conservatives were critical of them. The
important features of this act were as follows:
• (1) The Central Legislative Council was now to consist of two
houses:- The Imperial Legislative and the Council of States.
• (2) The provinces were to follow the Dual Government
System or Dyarchy.
 (d) Enactments were made in British India to
Arbitration
Act 1940
resolve cases pending before courts.

Arbitration Act 1940, parties to civil cases

were allowed to settle their disputes
ADR in through arbitration.

Parties had provision to choose their

British arbitrators.

India However, in any case, if the parties failed to

decide on their arbitrators, the court could
(1857- assign an arbitrator.

1947) This Act has been substituted in Bangladesh

by the Arbitration Act 2001.

The Act of 2001 is also applicable to perform

arbitration on civil disputes executed under
the CPC (Amendment) Act 2003.
 (a) SAT Act 1950

ADR in
undivided
Pakistan Not more than 33 acres of land

(1947-
1971) Since control over land was the main source of
power for Zamindars, this law substantially reduced
the power of Zamindars and strengthened the
power of local bodies over matters related to local
disputes.
 (b) Muslim Family Laws Ordinance 1961

ADR in MFLO to unify the Code of Islamic shariat on

succession (doctrine of representation), polygamy,
undivided dissolution of marriage, maintenance and dower.

Pakistan MFLO made an arrangement to settle family

disputes among couples through a quasi-formal
(1947- local body called an Arbitration Council.

1971)
3-member AC, headed by the Chairman of a UP,
was empowered by MFLO to make arbitral awards
on different types of family disputes including
polygamy, maintenance, succession and talaq.
 (c) Industrial Relations
Ordinance 1969
• To resolve disputes on employment
ADR in related issues.
• Concept of multi-mode ADR in the
undivided form of negotiation (sec 26),
conciliation (sec 27) and arbitration
Pakistan (sec 31).
• A provision for arbitration was
(1947- provided if conciliation efforts
failed.
1971) • Ordinance was subsequently
replaced by Labour Act 2006;
notion of multi-mode ADR still
prevails in the 2006 Act.
 (a) Continuation of village salish

(b) Development of out-court

NGOs ADR
ADR in the • Using the influence of local leaders under
Post- mediation committees
• Conducting mediation under the shadow
Independence of law
• Generating social awareness
Bangladesh
(c) Development of in-court ADR
• ADR in Bangladesh prior to 2000
• Reformed ADR movement in 2000 and its
aftermath
 Village Courts Ordinance 1976 conferred
adjudicative power on local body to
administer local disputes.

(a)
Continuation Money and political affiliation
of village
salish
Newly emerged leaders superseded the
traditional respect towards the age,
reputation and lineage of the elderly leaders
who preferred to uphold moral conduct than
narrow political and personal interests.