Abstract

The main objective of this study was to investigate the nature of the traditional practices of the Panchayat system, and depict its present status and roles of the judicial services among ex-enclaves in Bangladesh. Four ex-enclaves of Panchagarh district namely the Dahala Khagrabari, Kothajni, Putimari, and Garati of Bangladesh were chosen as study areas. This study used a mixed method approach, wherea social survey was conducted with 124 household heads with a semi-structured questionnaire for quantitative data; and eight in-depth interviews, five focus group discussions (FGDs) and four key informants’ interviews (KIIs) were carried out for qualitative data. Results showed that the unfortunate enclave residents were never been introduced to court and judiciary system, where the role of Panchayat in terms of law and order was biased as they could not protect the enclave dwellers from the influential persons and outsiders’ attack. The Panchayet could not control these influential persons’ illegal practices. In most of the cases, they grabbed enclave dwellers’ lands through forged documents. The study also explored that the women and girls children of the enclaves were often raped by the local gangs and persons. Sometimes they snatched them to their own residence and sexually harassed them. No one had access to justice on the issues such as murder, killing, rape or land grabbing. The findings would be an important guideline to the government officials, NGO managers, legal advocates and development practitioners.

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