Access to justice: an evaluation of the informal justice systems

Abstract

The judicial system of any state can be divided into 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, the informal system is viewed as a threat to the formal justice system. In this context, we need to understand better the role played by the informal justice systems. We have focused on three fundamental issues, first to evaluate the role of the alternate and informal justice system in improving access to justice. Second, we listed weaknesses in informal justice systems that give us an insight into our third goal of suggesting a framework for engaging the informal justice system and improving its shortcomings which can help support or reduce 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 the informal system plays a positive role in society, and the systems need to be reformed, especially for its negative traits, e.g., human rights.