Analysis of Local Judicial Mechanisms in Bangladesh, India, and Nepal, with Emphasis on Nepal’s Judicial Committees

Abstract

In Nepal, it is often argued that women do not have access to justice (A2J) due to patriarchal hegemony. In South Asia, there are practices aimed at facilitating A2J through local judicial mechanisms. For example, the Sarpanch system in India and the Village Court in Bangladesh function to bring justice mechanisms closer to the people. Similarly, the Constitution of Nepal has envisioned a local justice dissemination mechanism to ensure effective and efficient A2J at the grassroots level. This mechanism is known as the Judicial Committee, which has been given constitutional recognition under Article 217 of the Constitution of Nepal. This research aims to explore the link between the Judicial Committee and A2J in general, with a particular focus on women’s A2J. To assess the accessibility and effectiveness of the Judicial Committee, the authors recently conducted a research study involving 608 interviews with service recipients across various regions of Nepal. These individuals were visitors to Judicial Committees seeking justice services. The study sought to determine whether the Judicial Committee has improved A2J for marginalized women in Nepal. Based on the findings of this survey, conclusions have been drawn regarding the accessibility of the Judicial Committee for marginalized women.