Restorative Justice Pilot Projects In Bangladesh
I. Introduction to Restorative Justice in Bangladesh
Restorative justice (RJ) is an approach to justice that emphasizes:
Repairing harm caused by criminal behavior.
Engaging victims, offenders, and the community in dialogue.
Alternative sanctions instead of punitive imprisonment.
In Bangladesh, restorative justice is not yet fully institutionalized, but pilot projects and experimental programs have been implemented, mainly in juvenile justice, community mediation, and minor criminal disputes.
Legal Framework Supporting RJ Concepts:
Juvenile Justice (Care and Protection of Children) Act, 2013 – emphasizes rehabilitation, mediation, and diversion.
Bangladesh Penal Code & CrPC provisions – allow compoundable offenses (Sections 320–321, CrPC 189), which facilitate restorative approaches.
Pilot initiatives are often in collaboration with NGOs, UNICEF, and UNDP.
II. Key Features of Restorative Justice Projects in Bangladesh
Victim-Offender Mediation (VOM)
Dialogue between offender and victim to reach a mutually acceptable resolution.
Community Involvement
Community leaders or elders mediate minor disputes.
Diversion Programs for Juveniles
Offenders under 18 diverted from formal court system to counseling, community service, or restitution.
Focus on Rehabilitation and Reintegration
Emphasis on education, apology, and restitution rather than incarceration.
III. Illustrative Cases / Pilot Examples
Case 1: Juvenile Theft Mediation, Dhaka (2015)
Facts:
A 16-year-old boy stole a mobile phone from a classmate. Police considered formal prosecution.
Restorative Justice Approach:
Juvenile Justice Committee mediated between the offender, victim, and parents.
Offender apologized and returned the item, supplemented with community service at the local NGO center.
Outcome:
No formal court trial; offender reintegrated into school.
Victim expressed satisfaction with apology and restitution.
Principle:
RJ is effective in juvenile cases for minor property crimes, reducing recidivism and court burden.
Case 2: Domestic Violence Mediation, Chittagong Pilot (2016)
Facts:
A domestic dispute involved verbal abuse and minor physical injury to a spouse.
Restorative Justice Approach:
Community mediation committee facilitated discussion.
Offender attended anger management sessions, and both parties agreed to counseling and restitution of damaged property.
Outcome:
Avoided criminal prosecution; improved family cohesion.
Local NGO reported higher victim satisfaction compared to court outcomes.
Principle:
RJ allows healing and conflict resolution without over-reliance on punitive measures.
Case 3: Road Accident Compensation, Rajshahi Pilot (2017)
Facts:
A minor traffic accident caused injury to a pedestrian. Offender faced potential criminal charges.
Restorative Justice Approach:
Victim and offender mediated through local police RJ committee.
Offender paid medical expenses and participated in road safety awareness programs.
Outcome:
Criminal charges dropped; both parties satisfied.
Demonstrated RJ applicability beyond traditional criminal offenses.
Principle:
RJ can include financial restitution and community education as reparative measures.
Case 4: Theft in Rural Community, Barisal (2018)
Facts:
A youth stole livestock from a neighbor in a rural village. Formal prosecution would have taken months.
Restorative Justice Approach:
Village council mediated between the offender and victim.
Offender returned livestock and worked on victim’s farm for one month.
Outcome:
Offender reintegrated into the community; community trust maintained.
Avoided lengthy criminal procedure.
Principle:
Local RJ initiatives reduce formal court load and strengthen community-based resolution.
Case 5: School Bullying Mediation, Sylhet Pilot (2019)
Facts:
Two students involved in repeated physical and verbal bullying.
Restorative Justice Approach:
School authorities facilitated peer mediation sessions.
Offender acknowledged harm, apologized, and participated in counseling.
Outcome:
Conflict resolved without formal disciplinary punishment; school climate improved.
Principle:
RJ is effective in educational institutions for behavior correction and relationship repair.
IV. Advantages Highlighted by Pilot Projects
| Advantage | Example from Pilot Cases |
|---|---|
| Reduces Court Burden | Juvenile theft case avoided formal trial |
| Promotes Victim Satisfaction | Domestic violence mediation led to emotional closure |
| Rehabilitation & Reintegration | School bullying case improved offender behavior |
| Financial & Community Reparations | Road accident case included medical compensation |
| Strengthens Community Cohesion | Rural livestock theft resolved through village council |
V. Challenges Observed in Bangladesh RJ Projects
Limited Legal Recognition: RJ outcomes are often not legally binding.
Lack of Standard Guidelines: Practices vary across districts.
Training of Mediators: Many mediators lack formal training in RJ principles.
Serious Crimes Exclusion: RJ generally not applied for violent or severe crimes.
Monitoring and Evaluation: Limited data on long-term recidivism or victim satisfaction.
VI. Conclusion
Restorative justice pilot projects in Bangladesh demonstrate:
Effectiveness in minor offenses, juvenile cases, and community disputes.
Focus on reconciliation, victim satisfaction, and offender rehabilitation.
Potential to reduce formal court load and prevent recidivism.
Key Takeaway:
Institutionalizing RJ with legal backing, standardized procedures, and trained mediators could enhance the justice system in Bangladesh, particularly for juvenile and minor cases.
RELATED Blog
0 comments