Interviews with shalishkar
  Interview Date 02.01.2014 24.12.2013 30.11.2013 30.11.2013 30.11.2013 30.11.2013 30.11.2013 30.11.2013 30.11.2013 30.11.2013 07.12.2013 07.12.2013 07.12.2013 07.12.2013 03.12.13 30.11.13 2.12.13 03.12.2013 04.12.13 04.12.13 04.12.13 08.12.13 08.12.13
Q. No. Questions Comilla
(UP: Nather Patua)		 Comilla
(UP: Jognathpur)		 Gopalgonj
(UP: 9 No Amtoli)		 Gopalgonj
(UP: 9 No Amtoli)		 Gopalgonj
(UP: 9 No Amtoli)		 Gopalgonj
(UP: 9 No Amtoli)		 Gopalgonj
(UP: Sadullapur)		 Gopalgonj
(UP: Sadullapur)		 Gopalgonj
(UP: Sadullapur)		 Gopalgonj
(UP: Sadullapur)		 Gopalgonj
(UP: Patghati)		 Gopalgonj
(UP: Patghati)		 Gopalgonj
(UP: Patghati)		 Gopalgonj
(UP: Patghati)		 Madaripur
(UP: Siruail)		 Madaripur
(UP: Kathalbari)		 Madaripur
(UP: Khalia, Rajoir)		 Madaripur
(UP: Kobirajpur)		 Mymensingh
(UP : 5 no,Deyolkhol, Furbaria)		 Mymensingh
(UP : Furbaria, sadar)		 Mymensingh
(UP: Issorgonj, Shohagi Union)		 Mymensingh
(UP: 6 no Maij Bari, Issorgonj)		 Rangpur
(UP: Gangachora)
  Number of named persons interviewed  3 persons 5 persons 1 1 1 1 1 1 1 1 1 1 1 1 5 5 5 6 1 1 1 1 2
1 For how long have you been sitting as shalishkar? 14/15 years 9/10 years For 22 days. 20 yrs. 5 yrs. 10 yrs.   20 years 20 years 15 years 2.5 yrs for 8 to 10 yrs for 5 to 6 yrs for 5 to 6 yrs 9-10 years (3 responses); 4-5 years (2 responses)   range of 2 - 15 years (5 people) 1. 9-10 (3 people responded)
2. 4-5 (2 responses)		 3 years 5 years 12 years 23 years 1. 35 years
2. 25 years
2 How many people usually sit as shalishkar at a shalish? 5/6 persons 4 10-12 people. Minimum 8-10 10-12 people. 8-10 People.   15-20 persons 15-20 persons 15-20 persons 10, 20, 25, 35, 40, 50 10, 20, 25, 35, 40, 50 10, 20, 25, 35, 40, 50 10, 20, 25, 35, 40, 50 5-7 (3 responses); 10-12 (2 responses)   answers are: 10-15 people; 20-25 people; 25-30 people 1. 7-7 (3 people told)
2. 10-20 (3 people told)		 according to the type of offences. At least 10-15 persons according to the type of offences. At least 20-25 persons according to the type of offences. At least 20-25 persons according to the type of offences. At least 20-25 persons both
3a Are shalishkar usually men or women? men
women		 men
women		 men men men men men men men men Men
Women		 men
women		 men
women		 men
women		 men
men 90%; women 10%
       men men men men  
3b Are shalishkar usually married or single? married married married married married married married married married married         married     married married married married married  
3c What age are shalishkar? 1. Under 30, 1 person
2. 30-45, 1 person		 1. Under 30, 2 person
2. 30-45, 2 person		 45 - 60  45 - 60  45 - 60  45 - 60  30 -45 30 -45 30 -45
45-60		 30 -45 30 -45 30 -45 30 -45 30 -45 over 30   30-60 30-over 60 1. Under 30
2. 30-45		 1. Under 30
2. 30-45		 1. Under 30
2. 30-45
3. 45-60		 1. Under 30
2. 30-45
3. 45-60		 45 - 60 
3d Other features record answer                                 brilliance, softness, attentive, patience honest, unbiased, according to law, nutral, patience, tolerance          
4 How many disputes are usually dealt with in a month? 10-12 cases 38-40 cases 15-20 disputes. 8-9 disputes. 7-8 disputes. 5-6 disputes. 2/3 disputes 5/6 disputes 4/5 disputes 4/5 disputes 14-15 disputes 15 disputes 15 disputes 15 disputes 25-30 40-50 5-8 disputes and 10-12 disputes 1. 15-20 (2 people told)
2. (4-5 1 man told)
3. 5 (2 people told)		 10-15 cases 10-12 cases 10-15 cases 2-3 cases 15-16
5 How many disputes do you usually resolve in a month? 5-6 cases 15-20 cases 16-17 7-8 disputes. 6-7 disputes. 4-5 disputes. 2/3 disputes 4/5 disputes 2/3 disputes 3/4 disputes 8-10 disputes 8- 10 disputes 8- 10 disputes 8- 10 disputes 15-20 75-80% 4-5 disputes and 8-10 disputes 1. 5-7 (3 people told
2. 7-10 3 people told		 almost all of them almost all of them Most of them Most of them 14-15
6 How many disputes will usually be abandoned/fail/ cease in a month[1] 3-4 cases 3-4 cases           2/1 disputes 2/1 disputes 2/1 disputes 1 dispute 1 per month 1 per month 1 per month very few we sit after hearing the application. Then if we think that it is not suitable we exclude it. 2-3 cases 1. 3-5 (3 people told)
2. 2-3 (3 people told)
3. 4 people did not tell		 very few very few very few very few 2- 4 cases
7 How many matters are usually referred to the police in a month? 2-3 cases 2-3 cases 05-10 disputes. 1-2 matters. Very few. 1-2 1-2 cases. Very few. we inform police about the non compoundable cases we inform police about the non compoundable cases 2/1 disputes     1-2 cases 1-2 cases 1-2 cases generally police is not informed none none 1. 4-5 (1 person told)
2. 5-7 (1 person told)		 very few very few Very few. Don’t need to inform police. Very few.  where the village court doesn’t have jurisdiction like shed of blood
8 What are the costs to the parties in a shalish None None BDT 250 taka BDT 150-200 BDT 150 BDT 250 BDT 200/300 BDT 200/300 BDT 200/300 BDT 200 None None None None BDT 50 none none 1. 100-150 BDT (1 person)
2. none (5 people)		 None None None None civil 4 taka
criminal 2 taka
9 Do you receive any money or benefits for mediating? no no no no no no no no no no no no no no No No No No no no no no no
10 How long will a matter usually take to finalise from the moment it is referred?  3-4 months 3-4 months 10-15 days. Within 1 week. 1- 2 weeks. Within 5-10 days. 7-30 days 7-15 days 7-15 days 7-15 days Maximum 30 days maximum 30 days maximum 30 days maximum 30 days 10-15 days mostly 7 days; sometimes 15 needed 2-3 months; 15-30 days 10-15 days 5-7 hours 5-8 hours 5-7 hours 5-7 hours 2-3 sittings
11 In what % of cases is the settlement agreed in the shalish not complied with?  10% 10% 20% 5% 5% 5% 90% 90% 85% 90% 25% per year 25% per year 25% per year 25% per year 90-93% sustain 90-95% 0.05 5%; 3% 90% 95% 95% 95% did not happened
12 What action do the shalishkar take if the settlement is not complied with? Recall again  Recall again  Try again. Take assistance either from village court or police station.   Again hear.         Refer to court send to court send to court send to court again sit for shalish or legal aid we sit again. If it fails again then we take legal action courts; legal aid again call a shalish; court; thana call him again & give advice & motivation call him again & give advice & motivation. Also warn him that if we doesn’t follow the rule then take diciplinary action later call him again & give advice & motivation. Also warn him that if we doesn’t follow the rule then take diciplinary action later Warn him that if he/she will not follow the rules then diciplinanry will be taken against him/her did not happened
13 What are the 3 most common type of cases? 1. Dowry
2. Assault
3. polygamy
 1. Dowry
2. Assault
3. polygamy
 1. Land related.
2. Monetary Related.
3. Family Related.		 1. Land  Related.
2. Assault or quarrel.
3. Family Related.		 1. Land  Related.
2. Assault or quarrel.
3. Family Related.		 1. Land  Related.
2. Monetary.
3. Family Related.		 Mix-up, Land Possession, Family disunion Family disunion, money related problem Land Possession, Financial problem, Family disunion Family disunion, Mix-up, problem related to husband-wife. 1. Dowry
2. Family Related
3. Petty Assault		 1. Dowry
2. Family Related
3. Petty Assault		 1. Dowry
2. Family Related
3. Petty Assault		 1. Dowry
2. Family Related
3. Petty Assault		 family; loan; land 1. land
2. quarrel between husband and wife
3 . Quarrel		 dowry; polygamy; mintenance; land; loan land, loan, dowry, duck-chicken land dispute
theft
cutting tree
 land dispute
theft
cutting tree		 land dispute
theft
cutting tree		 land dispute
theft
cutting tree		 1. petty conspiracy
2. quarrel regarding checkens.ducks
3. quarrel with neighbour
4. land related
14 What percentage of complainants are women 80% 80% 35% 40% 30% 20% 30% 20% 30% 30% 40% 40% 40% 40% 0.75 30-40% 80%; 90% 50-55%; 55-60% 30% 35% 25% 10% 50%
15 How do you behave with children (under 18)? advice them not to do the crime again advice them not to do the crime again         Friendly friendly friendly Brotherly behave Well well well well youngers are treated in the same manner like own child like own child like own child/like friend after convincing, return to guardian after convincing, return to guardian after convincing, return to guardian after convincing, return to guardian. If they again commit the offences then futher action will be taken. treated like a child
16 What is the most common type of disposal of cases?  matter of court matter of court Restitution Restitution Restitution Restitution Restitution Restitution Restitution Restitution Restitution Restitution Restitution Restitution restituion; diviions; compensation; newly making of boundaries after measurment Restitution Restitution Restitution Restitution Restitution Restitution Restitution Compensation
17 Are there any cases which the shalish does not deal with Rape
Acid Violance
Murder		 Rape
Acid Violance
Murder		 Rape.   Yes. Yes.         1. rape
2. acid throwing
3. murder
4. women and children trafficking		 1. rape
2. acid throwing
3. murder
4. women and children trafficking		 1. rape
2. acid throwing
3. murder
4. women and children trafficking		 1. rape
2. acid throwing
3. murder
4. women and children trafficking		 dacoity; murder; rape   acid throwing; women and children trafficking; rape; murder; dacoity acid throwing, murder, rape, arms, dacoity, women and children oppression, kidnapping dacoity
murder
narcotics		 dacoity
murder
narcotics
 dacoity
murder
narcotics
 dacoity
murder
narcotics
 blood shedding, women opression, rape. Others matters where village court doesn’t have jurisdiction
18 How often do you follow up on the decision of the shalish In most cases In most cases In some In most cases in only a small number In some in only a small number In some In some In some In most cases In most cases In most cases In most cases in only a small number In most cases
> 50% cases are followed-up		 In most cases in all cases; in most cases; in at least 50% In most cases In most cases In most cases In most cases In all cases
19a What are the main challenges you see with the police? Police don’t want to listen anything Police don’t want to listen anything   1. Police takes bribe and become biased. So it obstructs justice.     Financial problem Financial problem Financial problem Financial problem afraid of police afraid of police afraid of police afraid of police 1. money
 2. time
3. date after date
4. biasness
5. who has money the decission supports him so justice is ensured		 1. monetary; 2. harassment; 3. time waste; 4. witnesses do not go so justice is not ensured; 5. they do rough behavior; 6. lawyers do not attend even after getting money; 7. if party goes to thana then they come to locality; 8. deterioation of prestige; 9. relation is deteriorated between parties money; time; political inclfluence; man power money expense; harassment no problem no problem   no problem 1. bribe
> we think jurisdiction of village court will be increased
19b What are the main challenges you see with the courts?              Financial problem Financial problem Financial problem Financial problem
1. It takes long time in court
2. Huge expense
1. It takes long time in court
2. Huge expense
1. It takes long time in court
2. Huge expense
1. It takes long time in court
2. Huge expense		   See above     no problem no problem   no problem 1. excessive charge of lawyers
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Author:
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