Justice delayed is justice denied: Is the legal system failing litigants?

The phrase “justice delayed is justice denied” has never been more relevant in Bangladesh. For many nationals, seeking justice is not just a legal process, it is an ordeal, often stretching over years, sometimes decades. The delays in the courts have profound consequences: lives are disrupted, rights are violated, and faith in the judicial system erodes.

Judicial delays are not accidental, they are systemic. The courts are burdened with an enormous backlog of cases, a result of years of underfunding, insufficient judges, and a growing population with increasing legal disputes. While many constitution guarantees the right to a speedy trial, the reality is starkly different. Cases in lower courts can take years to reach a conclusion, while even appeals in the High Court or Supreme Court may remain pending for decades.

Although the right to a speedy trial is widely known as a fundamental principle of justice, the reality for many litigants is simply different. It can take years to conclude cases in the subordinate courts, while appeals may remain pending for exceptionally long periods. According recent media reports, Law Minister Md Asaduzzaman said that currently 45 lakh cases remained pending. Among them, 4,078,432 cases are pending in lower or subordinate courts, 522,331 in the High Court Division and 38,713 in the Appellate Division. These are not just numbers, but a person, a family, a community or a company waiting for a resolution and justice.

A crucial point is, delayed justice is more than just an inconvenience. It often leaves the vulnerable powerless. Families wait for property disputes, victims seeking compensation, or delay in getting mahr which is like a business embroiled in contractual conflicts all bear the human and financial cost. For many, prolonged litigation effectively denies justice: the legal victory, if it ever comes, may no longer have meaning in their lives.
In uncountable cases, a legal victory that arrives extraordinarily late may have lost much of its value. Witnesses may disappear, memories may fade and relationships may be irreparably damaged. The common scenario is, a claimant may have spent more money pursuing a case than the compensation or amount ultimately awarded.

For instance, if we look at the experience of women seeking unpaid mahr, or dower, following divorce illustrates how delay can turn a recognised legal right into a prolonged suffering and a war which seems to against a specific gender. A mahr must be paid at the day of the wedding but if the wife forgives for the time being or agrees to take it later, it can be given at any time or after divorce.

Here comes the main part, when the divorce takes place, the wife must file a different case for receiving the mahr mentioned in the registry. Now, to attain that right, a lengthy proceeding takes place which includes interrogation, witnesses etc.

Moreover, it's not even a single day proceeding, it may take years to receive the mahr. It can be either the whole sum payable altogether or in installments.

An unavoidable question arises: after years of litigation, will the amount finally recovered still carry the same value? What about the mental state and trauma related to it?

Remember the Banshkhali carnage case where the members of a family were killed in a violent attack? The trial is still ongoing.

The infamous Sagar-Runi Murder Case where a Journalist couple Sagar Sarowar and Meherun Runi were stabbed to death in their Dhaka apartment in February 2012, and it is still on trial.

Long-term land related civil disputes — which account for the majority of civil suits in Bangladesh — can take 8 to 10 years or more to dispose of.  Such a duration for resolution is not merely a legal delay, it can consume a substantial part of their lives of families whose property, inheritance or livelihoods depend on the outcome.

First, structural and cultural challenges compound the problem such as frequent adjournments, due to parties’ requests, or procedural inefficiency.

Second, shortage of judges in Bangladesh which marks one of the lowest judge-to-population ratios in the world.

Last but not least, procedural loopholes such as repetitive filings, and archaic codes which slows down justice.

However, even within such chaos, it truly commendable to watch the raids of the National Consumer Rights Protection Department in different businesses, the ones who breached the law were punished accordingly, Bangladesh’s felt a relief as their rights and the consumer rights laws were upheld and voices were heard.

Moreover, to reduce backlogs, legal amendments were done to digitize proceedings, such as online hearings, serving summons via voice calls, SMS, voice calls etc. Additionally,  871 new courts have been established, creating 232 new judicial posts.

The most recent news which brings a glimpse of hope and peace to the heart is, within just 12 days, 62,637 old cases were disposed by The High Court Division to reduce long-standing case backlog.

Such initiatives should continue rather than using them as temporary drives. Additionally, it would be too easy to argue that Bangladesh can solve judicial delay merely by appointing more judges or establishing more courts. Although such measures are undoubtedly important, they are not sufficient on their own.

It is evident that delayed justice is both a cultural and structural problem. Reform requires a cultural shift within the legal profession and the judiciary. It is not merely a matter of adding more judges or speeding up procedures

The human cost of delay must be acknowledged by the stakeholders such as policymakers, lawyers, and judges. However, nowadays as we can see some technology-driven solutions, and alternative dispute resolutions getting implemented, there is beam of hope that someday we can write the topics related "How Bangladesh broke the chain of delayed justice."
Sadly, we cannot make it up to that day unless delay itself stops being accepted as normal.

Justice is not an abstract principle, rather it concerns the millions of people waiting for their cases to be heard and decided, their marriages, livelihoods, property, safety and dignity.

A functioning legal system cannot ask people to wait indefinitely. Justice must not only be delivered; it must be delivered timely.

Until then, the warning remains as relevant as ever: Justice delayed is justice denied.

* Radowa Alam holds an LL.B. degree and works as a Legal Associate (Trainee).
* The views expressed here are the author's own.