The Bangladesh Mahila Parishad has issued a strong statement condemning the new provision in the โLegal Aid (Amendment) Ordinance 2025,โ which mandates pre-litigation mediation for dowry-related claims and associated injuries.
The rights organisation argues that this requirement severely restricts womenโs access to justice and calls for its urgent review.
Asif Nazrul for making ADR mandatory to reduce backlog of cases
The amendment adds Section 21B to the Legal Aid Act, 2000, compelling women victims of dowry-related claims and injuries to seek mediation through the Legal Aid Office before filing a case in court. Only if mediation fails can a case proceed, said the statement signed by Mahila Parishad President Dr Fawzia Moslem and General Secretary Maleka Banu.
This provision, introduced on July 1, 2025, creates significant barriers for women seeking justice. By forcing victims into mandatory mediation, the law risks delaying or denying their ability to pursue legal recourse, particularly in cases where one party refuses to compromise.
This could weaken the victimโs ability to prove their case in court, prolonging their suffering and exacerbating harassment, the statement added.
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The provision undermines decades of activism to combat dowry, a practice criminalised under existing laws due to its harmful impact on women. By prioritising mediation over direct access to courts, the amendment trivialises dowry-related crimes and associated injuries, signalling societal tolerance for such abuses.
This not only infringes on womenโs legal rights but also violates their fundamental human rights by limiting their ability to seek justice promptly and effectively.
The Bangladesh Mahila Parishad warned that mandatory mediation will disproportionately harm women, who already face systemic barriers in accessing justice. It calls on the government to reconsider this provision, emphasising the need to uphold womenโs rights to direct judicial recourse.
They urged stronger measures to eradicate dowry, including robust public awareness campaigns and a renewed social movement to combat this pervasive issue.
What the government says
On June 14, Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul said making alternative dispute resolution (ADR) methods mandatory is essential to address the persistent and overwhelming backlog of cases.
Asif Nazrul, also the chairman of the National Governing Board of the NLASO, said the abnormal pressure of cases in the courts not only questions the judicial structure but also the possibility of getting justice.
The adviser said that out of the approximately 500,000 cases filed in the courts of Bangladesh every year, only 35,000 cases are resolved through the government legal aid service.
Disputes are resolved in legal aid offices with full satisfaction of the parties in 90% of the cases, taking only one-tenth of the time required in the court to dispose of a case, he claimed.
If the government legal aid program can be further expanded, made more efficient, and institutionally strengthened, the number of cases resolved through mediation could be increased to 100,000-200,000, he said, adding, achieving this could reduce the number of case filings by 40%.
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