For a long time, the court system in Bangladesh has suffered from inefficiencies that have hindered the timely delivery of justice. An obvious area of concern is the payment of court fees, which still bears the mark of its colonial origin in the Court Fees Act of 1870. Though a large amendment was brought in 2016, permitting electronic payment, the mode of payment was never implemented. As a result, the judiciary continues to rely on a very long and cumbersome paper-based process for the court fees. This inefficiency affects not only the litigants but also the entire administration of justice, causing delays and creating opportunities for corruption.
The Present Court Fees Payment System
Currently, court fees are paid by the use of an adhesive stamp, which must be affixed to the appropriate legal document by the litigant. These stamps are procured from the District Commissioner (DC) Treasury Office and verified by officials of the court, such as the Sherestader. This tedious process forces the litigant to purchase huge quantities of stamps, often through middlemen, done at exorbitant prices. Such laborious functions which would impose on litigants the loading of several stamps onto a legal document or, in some cases, hundreds of them; these mutilated pieces of paper must be counted and then re-verified by a clerk. Such systems are cumbersome and can do much trickery because wrong-doers may bribe some court officials to expedite their cases. The tedious manual processes and external involvement make the system prone to errors and exploitation and further demean public confidence in the judiciary system.
To address these challenges, the Court Fees Amendment Act 2016 opened a way for progressive payment options by allowing parties to pay court fees electronically or digitally. This was made possible through amendment of Section 25 of the Act, which permits payments through mobile financial services (MFS), online gateways, and other digital platforms in addition to the traditional use of stamps. The amendment also empowers the government to provide regulations to create that system of digital payment. This initiative feeds into the broader digitization efforts of Bangladesh, as was noted previously through mobile financial services like bKash, Nagad, and Rocket. With over 114 million mobile banking users recorded by January 2022 in the country, integrating digital payments into the judiciary is therefore feasible.
Benefits of Digitalizing Court Fee Payments
There are many advantages to going digital in making court fee payments: it simplifies payments for litigants, enabling them to pay fees from home or office. This easy way of payment saves the costs associated with physical stamps and intermediaries, thereby reducing procedural delays and travelling costs. Digital payments also enhance transparency, as they provide secure, non-erasable transaction records. This certainly reduces the opportunities for graft as automation limits human participation. Even though the initial costs of setting up the digital infrastructure may be heavy, the long-run savings arising from reduced administrative costs and from further orphaned processes are impressive. Moreover, with digital payments, e-receipts, automated updates, etc., the litigant can be assured of a smoother experience.
Implementation Strategies
To facilitate court fee payments online, there are several important steps involved. Step one is to integrate payment options into the Supreme Court website, allowing litigants to fill in case details and select a preferred payment method. Collaboration with MFS providers, such as bKash, Nagad, and Rocket, is essential because these providers can assist with payment made by people in urban and rural areas. Online payment gateways such as SSLCOMMERZ can be further used to broaden access by allowing payment through mobile banking, credit/debit cards, and bank transfers. Furthermore, the government must open a centralized account for court fees, which shall ensure maximum compliance. Training of judicial officers on the new setup and public awareness campaigns are also very crucial for successful adoption.
The transition to a digital system comes with its own difficulties, every single one of which must be treated if it is to be successful. Resistance to change is one of the most significant hurdles. The judiciary may harbour comfortable traditionalists who resist a turn to technology for fear of losing some habits or even the jobs they presently hold. However, initiatives to raise awareness, coupled with a gradual implementation strategy, will help assuage fears and allow future users to become more confident with a new system. Next are the technical infrastructure challenges that require the provision of IT systems and contingency plans in order to address matters like server downtime. Security concerns also arise, requiring technical provisions such as encryption and multi-factor authentication to safeguard delicate data. Financial constraints will pose yet another hindrance, with money needing to be allocated for system development, staff training, and maintenance.
Learning from Other Jurisdictions
Bangladesh can rely on the experience of a number of other nations in resolving these challenges. For example, India’s court system has brought into operational use an e-Court Fee platform where litigants may pay their fees online and obtain digital receipts. This system works in 17 High Courts to streamline case management and reduce delays. Likewise, the United Kingdom has made various methods of paying fees, including online payment portals and credit and debit card payments. The United Kingdom’s systems also enable digital payments to give refunds or waive fees in cases that justify the use of such discretion, again demonstrating how technology can increase efficiency and inclusivity.
Digitalisation of the court fee payment system is not just a technological upgrade but a comprehensive step toward an efficient and transparent legal system. Using the country’s broad mobile banking infrastructure, Bangladesh has a rare opportunity to reform the legal system, enhance trust in institutions, and ensure better governance by reducing corruption. The 2016 amendment to the Court Fees Act has blueprinted this metamorphosis, but it relies strongly on political will and civil service functions for its realisation.
Conclusion
With striving towards the dream of a new Bangladesh, introducing the digital payment system in the judiciary will show a complete commitment towards innovation, efficiency, and access to justice. It will address the inefficiencies surrounding the payment system while aligning itself with the country’s overall digitalisation efforts, thus making the judiciary more responsive to the needs of its citizens. While the transition may require elaborate planning and considerable investment on the front end, the long-term benefits in terms of accessibility, reduced corruption, and increased efficiency very much certainly justify it as a necessary and worthy investment. Digitalisation is thus a big step closer for Bangladesh in its efforts to build a modern, transparent, and inclusive judicial system.
About the author :
Chowdhury Muhammed Abdullah Miftha is an LL.M. student at the University of Dhaka and currently serves as an Apprentice Lawyer at the District and Sessions Judge’s Court, Dhaka. He has a keen academic and professional interest in criminal law and justice, striving to contribute meaningfully to this field through rigorous study and practical application.