6. The Inclusivity Role of the Judiciary in Bangladesh

The issue of inclusiveness with reference to the judiciary is somewhat tricky in the sense that, unlike in the case of parliament or the executive, an inclusive judiciary may not necessarily mean the formal inclusion of “others” in the decision-making process. Inclusive judicial governance, nevertheless, requires a judicial system that should be not only internally diverse or representative but also functionally inclusive, protecting the minorities or those who are marginalized or remain excluded in society. It also means the wider public’s access to the justice system. A society cannot be equal without equal access to justice. While a diverse judiciary is inevitable for the establishment of a rule of law that is inclusive, an accessible judiciary is even more important to allow the justice system to reach out to the most disadvantaged people or to prevent minorities from being more marginalized. An inclusive judiciary also refers to the idea of an able and willing judiciary that will enforce the rules to ensure inclusiveness in the other two organs of the State. Although the Supreme Court has handed down certain important decisions that will promote inclusive governance generally, a discourse on inclusive judiciary has yet to emerge in Bangladesh. This chapter seeks to address this gap, albeit not comprehensively, by focusing on the inclusivity function of Bangladesh’s superior courts. The analysis is centered around three specific areas of judicial activity—attainment of social justice for marginalized people, participation of women in governance, and the protection of indigenous peoples’ autonomy or cultural diversity.