Access to justice: an evaluation of the informal justice systems

Abstract

The judicial system of any state can be divided as formal and informal, where the formal is under the state (official) and informal may or may not be under the domain of the state (informal justice system). Since both systems provide access to justice, however, the informal system is viewed as a threat to formal justice system. In this context we need to better understand the role played by informal justices system. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system to improve access to justice. Second, we listed weaknesses in informal justice systems that gives us an insight into our third goal of suggesting a framework for engaging informal justice system and improved on its shortcomings which can be helpful in supporting or reducing the burden on the formal system. Because of the absence of relevant literature, we resorted to empirical reports and case studies on other developing countries’ to present our arguments. We showed that informal system is playing a positive role in the society and there is a need to reform the system especially for its negative traits, e.g., human rights.

Doing Justice Without Prisons: A Framework to Build the Abolitionist Movement

“…In addition, informal justice systems, where these basic rights may not be enforced by some kind of state or system of appeals, could facilitate vigilantism or grossly inequitable punishment. 72 For these reasons, acknowledgement of the contradictions and limitations of both formal and informal justice systems requires abolitionists to be open to some role for a judiciary in a post-prison system.…”

The justice versus amnesty approach to resolving the protracted conflict in the Central African Republic

“…Impunity may kill trust in the justice institutions, increasing the likelihood of recourse to vengeful methods, which can promote further atrocities. Suspicion and distrust among the wrongdoers and the victims of violations can stall policymaking and rebuilding of nationhood (Ahmad & Wangenheim, 2021). Laplante (2009) argues that the transitional justice discourse in post-cold war Latin America focused on the truth versus justice debate, interrogating whether criminal prosecutions should be integrated into political transitions.…”

The undue delay in the civil suits and its symbiotic harms on the litigants’ communal lives in Swat, Pakistan

“…Ordinary people in Pakistan who have experience of going to courts often do not trust and believe in the judiciary and the law-and-order enforcing agencies because of the injustice and enormous delay in judicial procedure. Civil suits take from 10 to 15 years on average, which should be decreased from 1 to 2 years for an efficient civil justice system (Hussain et al, 2015;Ahmad & Wangenheim;2021).…”