This document discusses legal aid in Bangladesh and its importance in ensuring access to justice and human rights. It makes three key points:
1) Legal aid is defined as assistance given to poor or vulnerable people to enable them to access legal services and pursue litigation. It is intended to ensure equality before the law and access to justice for all citizens.
2) The Bangladeshi constitution and various laws, including the Legal Aid Services Act of 2000, establish legal aid and access to justice as fundamental rights. The National Legal Aid Services Organization was created to coordinate legal aid services nationwide.
3) Legal aid is necessary to uphold principles of natural justice and ensure access to justice for all citizens regardless of their economic status. It aims
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
ABSTRACT: Equality before law and ensuring social justice are important weapons to prevent social violence and development of societies in civilized countries. As per the modern justice system judicial adjudication is very costly and that cost has been the most difficult factor for the people to get justice in both developed and developing countries. In Bangladesh maximum of the population live under the poverty margin. If only rich persons can seek justice, the natural justice will be violated. So as a welfare state justice shall have to be ensured for all people of the state. For this reason there is a system in Bangladesh to make the justice available to the poor which may be called legal Aid. The constitution of Bangladesh has, in clear terms, recognized the basic fundamental human rights that are “equal before law” and “equal protection of law”. A large number of people in the country do not have any financial and other logistic support to get the appropriate service from the judicial system. This research focuses on the present legal aid services of Bangladesh, clarifies the system and suggests potential methods to improve this service.
This is the Basic facts related to Legal Aid in Bangladesh. It may help you to understand the orders, rules and policies of Legal Aid Service in Bangladesh.
Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in 1971. According to him, the legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law" the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with legal aid to poor, illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road.
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
ABSTRACT: Equality before law and ensuring social justice are important weapons to prevent social violence and development of societies in civilized countries. As per the modern justice system judicial adjudication is very costly and that cost has been the most difficult factor for the people to get justice in both developed and developing countries. In Bangladesh maximum of the population live under the poverty margin. If only rich persons can seek justice, the natural justice will be violated. So as a welfare state justice shall have to be ensured for all people of the state. For this reason there is a system in Bangladesh to make the justice available to the poor which may be called legal Aid. The constitution of Bangladesh has, in clear terms, recognized the basic fundamental human rights that are “equal before law” and “equal protection of law”. A large number of people in the country do not have any financial and other logistic support to get the appropriate service from the judicial system. This research focuses on the present legal aid services of Bangladesh, clarifies the system and suggests potential methods to improve this service.
This is the Basic facts related to Legal Aid in Bangladesh. It may help you to understand the orders, rules and policies of Legal Aid Service in Bangladesh.
Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in 1971. According to him, the legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law" the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with legal aid to poor, illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road.
NHRC Handbook in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Ri...ijtsrd
The continental division of humanity in the era of contemporary globalization has given rise to several regional systems of human rights protection that offer nuanced guarantees. It goes without saying that these regional mechanisms constitute the highest and strongest protection of human rights insofar as they involve jurisdictional institutions under the provisions of regional instruments. It is therefore necessary to analyze the legal differences that can be observed from one regional system to another in order to evaluate the quality of the protection guaranteed in each. Mohamed El Bachir Labiad "Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Rights Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-5 | Issue-4 , June 2021, URL: https://www.ijtsrd.compapers/ijtsrd42480.pdf Paper URL: https://www.ijtsrd.comother-scientific-research-area/public-relations/42480/systemic-analysis-of-the-levels-of-protection-guaranteed-in-regional-human-rights-law/mohamed-el-bachir-labiad
Dr. H. Abdul Azeez: Protection of Human Rights from the Police-Regional SystemsAbdul Azeez H
The measures that are being taken by the Countries to prevent the violation of human rights by the police differ widely in its effectiveness. The disparity among the nations accentuate for super national bodies on regional basis for the effective protection of human rights from the police. There exist European, Inter-American, African, Minsk and Arab regional systems for the protection of Human rights on super national basis. Regional systems also differ in protecting the human rights from the police mainly due to the socio-economic and cultural diversities that exist in the regions. An overview as to how effective is the regional mechanisms in protecting human rights from the police.
NHRC Handbook in English
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Ri...ijtsrd
The continental division of humanity in the era of contemporary globalization has given rise to several regional systems of human rights protection that offer nuanced guarantees. It goes without saying that these regional mechanisms constitute the highest and strongest protection of human rights insofar as they involve jurisdictional institutions under the provisions of regional instruments. It is therefore necessary to analyze the legal differences that can be observed from one regional system to another in order to evaluate the quality of the protection guaranteed in each. Mohamed El Bachir Labiad "Systemic Analysis of the Levels of Protection Guaranteed in Regional Human Rights Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-5 | Issue-4 , June 2021, URL: https://www.ijtsrd.compapers/ijtsrd42480.pdf Paper URL: https://www.ijtsrd.comother-scientific-research-area/public-relations/42480/systemic-analysis-of-the-levels-of-protection-guaranteed-in-regional-human-rights-law/mohamed-el-bachir-labiad
Dr. H. Abdul Azeez: Protection of Human Rights from the Police-Regional SystemsAbdul Azeez H
The measures that are being taken by the Countries to prevent the violation of human rights by the police differ widely in its effectiveness. The disparity among the nations accentuate for super national bodies on regional basis for the effective protection of human rights from the police. There exist European, Inter-American, African, Minsk and Arab regional systems for the protection of Human rights on super national basis. Regional systems also differ in protecting the human rights from the police mainly due to the socio-economic and cultural diversities that exist in the regions. An overview as to how effective is the regional mechanisms in protecting human rights from the police.
MeĢrutiyet Devrimi Sürecinde Ġran’da Ulemânın Rolü ve Etkisi (1906-1911)inventionjournals
Ġran'da ülke içindeki toplumsal, siyasi ve ekonomik duruma bağlı olarak güç yapısında bazı değiĢimler meydana gelmektedir. Bu değiĢimler Ġran’daki mevcut sosyal gruplar arasındaki güç dengelerini değiĢtirmektedir. MonarĢiler döneminde, siyasi bir figür olarak ġah Ġran’daki güç üzerinde tekelci bir konuma sahip olamamıĢtır, ancak yabancı hükümetlerin desteği ve iç muhalif dengelerin de yardımıyla otoritesini kurabilmiĢtir. Bu makalede Ġran’da MeĢrutiyet Devrimi (1906-1911) döneminde yaĢanan siyasi ve toplumsal değiĢimler ve din adamlarının (ulemâ sınıfı) bu değiĢimler karĢısındaki tavrı tarihi ve kültürel süreç içerisinde ulemânın sahip olduğu konumla birlikte ele alınmıĢtır. “Ġran’da MeĢrutiyet Devriminin OluĢumu” ve “MeĢrutiyet Döneminde Ġran’da Etkin Ulemâ” baĢlıkları ulemânın gücü ve toplum üzerindeki etkisi dikkate alınarak incelenmiĢtir. Bu baĢlıkların yanı sıra Ġran MeĢrutiyet Devriminin, Osmanlı Ġmparatorluğu’nun son döneminde yaĢadığı II. MeĢrutiyet Devrimiyle(1908-1913) karĢılaĢtırıldığı bir baĢlık konulmuĢ ve böylece Ġran’ın geçirdiği meĢrutiyet sürecinin daha iyi anlaĢılması sağlanmıĢtır. Yöntem olarak nitel araĢtırma tekniklerinden olan kaynak incelemesi (Türkçe ve Ġngilizce Tezler, bilimsel raporlar, akademik makaleler, kitaplar) tercih edilmiĢtir. Ġran’da yabancı güçlerin ülkeye nüfuzunu engellemek üzere ulemânın da yardımıyla 1891’de gerçekleĢen Tütün Protestosu, otoriter Kaçar ġahlarına karĢı toplumsal bir baĢarıdır. Bu baĢarı MeĢrutiyet Devrimi gibi daha radikal, politik ve kapsamlı bir hareketin oluĢmasına zemin hazırlamıĢtır. 1905 yılında baĢkentte halk ayaklanmasıyla baĢlayan bu devrim, 1908 yılından sonra ayaklanmaların, Ģiddet olaylarının artmasıyla daha çok ses getiren, baĢkent Tahran’dan diğer Ģehirlere de yayılan bir hareket niteliği kazanmıĢtır ve 1911 yılında son bulmuĢtur. Radikal Ulemâ, esnaf ve Batı tarzı modernleĢmeyi savunan seküler entelektüellerin ittifakıyla Ģekillenen MeĢrutiyet Devrimi’nde en etkin rolü üstlenmiĢ olan ulemânın kendi içinde yaĢadığı fikir ayrılıkları MeĢrutiyet sürecinin baĢarıya ulaĢmasını engelleyen unsurlardan biri olmuĢtur. Nihayetinde, Kaçar Hanedanlığının son yirmi yılındaki katı uygulamalar, BirleĢik Krallık’ın ve Rusya Ġmparatorluğu’nun Ġran’da artan nüfuzu ve ulemânın fikir ayrılıkları sebebiyle; bu devrim ve kazanımları baĢarısızlıkla sonuçlanmıĢtır.
Controversies and Navigation of Inclusive Education in the Context of Bangladeshinventionjournals
Inclusive education is one of the most important steps to promote integration of special learners in our society, yet it is not much familiar or established everywhere. Collaboration with mainstream students is a big platform to make them efficient citizen. It ensures their holistic development and flourishes their individual identity. All the children have equal right to participate and get opportunities of education together; especially these segregated groups need to be surrounded by people who will lift them higher. But practically the way is full of difficulties. Differences persist in policymaking, curriculum, classroom arrangements, teaching-learning system, evaluation, materials, teacher training and so forth. This paper tries to identify and reduce the gap between the practices of these two educational sectors. In this respect, mainstream educators and practitioners have been interviewed to know their interest, expectations and doubts about this assimilation. Besides, some successful cases have been observed closely with a purpose of bringing it in practice from the conceptual stage.
Language Needs Analysis for English Curriculum Validationinventionjournals
This study aims to identify the language needs analysis for English curriculum validation in the tertiary level. The descriptive method is utilized in the study and employed purposive sampling. This is also called judgmental sampling. A deliberate selection of individuals made by the researcher based on the predefined criteria. Three hundred forty nine (349) students were utilized as respondents to test their listening, speaking, reading, writing, vocabulary, identifying errors and correct usage. Result showed that identifying errors skills, writing skills, correct usage, reading skills and listening skills were significantly affected by the respondents profile since the computed P-value is greater than the significance level of 0.05. However, speaking skills and vocabulary skills show that they are not significant to the profile of the respondents.
Terminalia Chebula A Traditional Herbal Drug – A Short Reviewinventionjournals
The usage of medicinal plants used from ancient times to treat various diseases due to its potential medicinal applications. Terminalia chebula is one of the common herbal drugs used in traditional systems in worldwide. The review tries to focus the traditional use of Terminalia chebula as herbal drug and the importance and its impact in the medicinal applications.
The Debilitating Effect of Conflict on the Female Gender: The Syrian Conflict...inventionjournals
In times of war, members of the same society face very different challenges. The impact of war on someone will vary according to factors such as age, social class, and gender. What appears to have taken centre stage in the discussion of the Syrian conflict is the impact of the conflict on children and the dangers threatening their everyday lives. Children however are not the only vulnerable members of society at war. Syrian women also face extremely adverse conditions. This paper sets out to analytically x-ray the plight of women in conflict situations with particular reference to the Syrian crisis. It finds amongst other things that women are indeed the most vulnerable in war times and it recommends amongst other things that strive for the protection of the vulnerable in war times and conflict prone zones is a quest that must be sought.
A Review on the Challenges of Teaching Physical Educationinventionjournals
It is very common that teachers’ degrees are questioned about the fundamental knowledge and methods one has to hold in order to teach. This kind of reflection concerning teachers’ education requires constant research and education update so that the teachers’ social meaning can be defined. Knowing something does not mean only being informed about some field, it is necessary that they are able to utilize these pieces of information to build knowledge. Therefore, teachers and professors are mediators between the social application of information and their pupils. Some other problematic factors are added to Physical Education teaching processes, in which teaching and learning active methodologies, as well as reflexive interventions about teaching practices, are not perceived. On the other hand, it is common that health majors in general also lack a capable and well educated student body who can build their own knowledge; involvement in real transforming actions (presenting different personal point of views); multidisciplinary relations (on the contrary, it can be easily noticed a certain detachment from other knowledge areas); monitoring criteria and evaluation of the teaching and learning processes.
Temperament and Character of Schizophrenics: A Study on Indian Populationinventionjournals
This study was attempted to explore the temperament and character of schizophrenic patients and compared with normal controls. Total 102 schizophrenic patients and 50 normal controls were included in this study. The mean age of Schizophrenic patients was 32.073( SD + 10.205) and normal controls mean age was 30.14 (SD +12.048). Temperament and Character Inventory was used to assessed personality of the Schizophrenic patients. Findings revealed that out of four temperament novelty seeking and persistence were significantly differed from normal controls. Both were found low in Patients than normals. All three Character domains were found significantly difference in comparison of both group. Self directedness and cooperativeness were found low in schizophrenia than normals. Self transcendence was found high in patients group than Controls. Findings of this study can help to understand the personality of Schizophrenic patients.
The Factors Affecting the Development of Entrepreneurship School in Education...inventionjournals
This study aimed to identify factors involved in developing Entrepreneur school and understanding the Executive requirements of these schools in Educational system of Iran (Case Study of MAZANDARAN province). Relying on the theory of organizational entrepreneurship and data based theory (Grounded Theory) the factors effective in creating a school for entrepreneurs were identified. The population of the study in Interview section was 20 experts in the Field of educational sciences from the University of Educators, entrepreneurship teachers and school administrators and for qualitative validation were 20 faculty members of University of Educators and school administrators. The research tools were open interview and content analysis techniques .The research findings indicate that the two groups factors of inside and outside organization and 3 dimensions of personal, organizational and environmental abilities and 16 components of Features (psychological , attitude, motivational), management style, organizational ,Mental and interpersonal skills, new methods of reward, management support, Delegate, deadline, curricula system , strategic orientation, entrepreneurial culture, entrepreneurship education, space and equipments, government policies, socio-economic and cultural conditions, financial and non-financial support are effective in building this kind of entrepreneur school. Also the results of qualitative validation or questionnaire distribution in the first step have resulted to the Removal of the concepts of parental education; parental social status and evaluation system due to an average of less than 4.In the implementation of the second round questionnaire, Kendal correlation coefficient was calculated and Kendall's w = 0.705 was obtained, suggesting a strong consensus among panel members in the research.
Legal Arrangements Regarding the Adoption of Children in Indonesiainventionjournals
The adoption of a child to be one way to get custody of the child. Indonesian law gives freedom to every citizen of both Indonesian citizens and foreign nationals to adopt a child to meet all the applicable procedures in order to ensure the survival of children and prevent children from the loss of the future.
Role of Law in Dealing with the Cyber Crime and Social Changeinventionjournals
The objective of this research is to get a deep explanation between the role of law in the face of social change and the relation of cybercrime in the society. It’s included in Act Number 11 of 2008 regarding The Electronic Transaction and information. This research use literary research with normative and judicial approach and the primary law material which is included the secondary data. The analysis technique of this data is using the combination of deductive and inductive. The result of this research show the existence of close relationship between law and social change associated with cyber crime. The Act Number 11 of 2008 regarding The Electronic Transaction and Information is the instrument of social control and social engineering in the society.
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This course-based qualitative study aims to explore what 4th-year Child and Youth Care students and recent graduates of the Bachelor of Child and Youth Care program at MacEwan University think about their likely parenting styles as a direct result of their Child and Youth Care educational experience. A thematic analysis of the data revealed four major themes: (1) the desire to be an authoritative parent, (2) courses, (3) themes and concepts that were meaningful, and (4) a better understanding of theories relevant to parenting and the need for self-reflection
We report a case of a 7-yeas old boy with Cornea plana who presented with heavy amblyiopia due to high refractive error. Cornea plana is a genetically determined condition that can be accompanied by a range of complications and have virtually no possible treatment. The child underwent a treatment for the amblyopia with very good results, but still presents a challenge in terms of early detection of possible glaucoma.
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“Comparative Evaluation between Physics Forceps and Conventional Extraction F...inventionjournals
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Legal Aid Services in Criminal Justice System.pptxHabibZafar7
National Legal Service Authority has introduced Legal Aid Defense Counsel System mostly all over Districts in India. This presentation represents the need for having this system and impact it can have on defense mechanism.
National Legal Aid Movement in India- Its Development and Present Status Sheikhmustafa007
Faculty Of Law University Of Kashmir , One Day National seminar on legal aid to marginalized: The Efficacy and Challenges, Under the auspices of project: ACESS TO JUSTICE:NE and J&K, Department of Justice, GOI, New Delhi.
PRESENTED BY
Mustafa Majid Sheikh
Research Scholar School of Education
Central University of Kashmir
Bangladesh is one of the 49 countries in the list of Asian continent, which got independence in the year 1971 after having a bloody war of nine months. Since independence, a series of felony has been experienced by the populace of Bangladesh over times either by the internal rulers or by the external forces and thence continues to be wracked by human rights violations. Even though, Bangladesh became the member of United Nations in 1974 and have ratified a number of international human rights instruments such as: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture) 1984 and The International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED) 2006, which are indispensable to prevent torture within the border, and forbids state to transport people to any country where there is reason to believe that they will be tortured, there remain perceived cases of serious abuse, including extra-judicial killings, custodial deaths, arbitrary arrest and detention, and harassment of populace over the recent past five years. Moreover, the failure to investigate fully extra-judicial killings by security forces (such as: police, RAB and BDR) including the deaths under custody, remained a matter of serious concern. Some members of the security forces acted with impunity and committed acts of physical and psychological torture. Violence against women and children remained a serious problem, as did trafficking in persons. This paper will pose a critical analysis on how provisions of such international conventions (for the protection of human rights) are being violating in Bangladesh and suggest some guidelines for implementing such human rights instruments contingenting upon the present impasse.
This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.
BS EDUCATION
SEMSETER 2nd
(From Sep 2023 to Jan 2024)
Subject: Citizenship
Teacher: Ms Sania Hayat (M.Phil.)
Classes: Monday 11-12:30 ,Tuesday 8-9:30
-------------------------------------------
Institute of Education
University Of Sargodha *
Water scarcity is the lack of fresh water resources to meet the standard water demand. There are two type of water scarcity. One is physical. The other is economic water scarcity.
CFD Simulation of By-pass Flow in a HRSG module by R&R Consult.pptxR&R Consult
CFD analysis is incredibly effective at solving mysteries and improving the performance of complex systems!
Here's a great example: At a large natural gas-fired power plant, where they use waste heat to generate steam and energy, they were puzzled that their boiler wasn't producing as much steam as expected.
R&R and Tetra Engineering Group Inc. were asked to solve the issue with reduced steam production.
An inspection had shown that a significant amount of hot flue gas was bypassing the boiler tubes, where the heat was supposed to be transferred.
R&R Consult conducted a CFD analysis, which revealed that 6.3% of the flue gas was bypassing the boiler tubes without transferring heat. The analysis also showed that the flue gas was instead being directed along the sides of the boiler and between the modules that were supposed to capture the heat. This was the cause of the reduced performance.
Based on our results, Tetra Engineering installed covering plates to reduce the bypass flow. This improved the boiler's performance and increased electricity production.
It is always satisfying when we can help solve complex challenges like this. Do your systems also need a check-up or optimization? Give us a call!
Work done in cooperation with James Malloy and David Moelling from Tetra Engineering.
More examples of our work https://www.r-r-consult.dk/en/cases-en/
Saudi Arabia stands as a titan in the global energy landscape, renowned for its abundant oil and gas resources. It's the largest exporter of petroleum and holds some of the world's most significant reserves. Let's delve into the top 10 oil and gas projects shaping Saudi Arabia's energy future in 2024.
Overview of the fundamental roles in Hydropower generation and the components involved in wider Electrical Engineering.
This paper presents the design and construction of hydroelectric dams from the hydrologist’s survey of the valley before construction, all aspects and involved disciplines, fluid dynamics, structural engineering, generation and mains frequency regulation to the very transmission of power through the network in the United Kingdom.
Author: Robbie Edward Sayers
Collaborators and co editors: Charlie Sims and Connor Healey.
(C) 2024 Robbie E. Sayers
Welcome to WIPAC Monthly the magazine brought to you by the LinkedIn Group Water Industry Process Automation & Control.
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A case study of the used of Advanced Process Control at the Wastewater Treatment works at Lleida in Spain
A look back on an article on smart wastewater networks in order to see how the industry has measured up in the interim around the adoption of Digital Transformation in the Water Industry.
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
1. International Journal of Humanities and Social Science Invention
ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714
www.ijhssi.org ||Volume 6 Issue 2||February. 2017 || PP.56-63
www.ijhssi.org 56 | Page
Legal Aid: A Process to Ensure Access to Justice and
Human Rights in Bangladesh
Md. Rafiqul Islam Hossaini1
, Md. Sazzad Hossain2
1
Part-time lecturer, School of Law, Britannia University, Bangladesh
2
Independent Researcher, LLM (LSBU, UK), LLB (Hon’s) (UoL, UK)
Abstract: People are the actual owner of the State and persons acting in the service of the Republic are none
but the servants of the people. It is a duty of the State to remove exploitation and to ensure rule of law,
fundamental human rights, equality and access to justice for the citizens. But these cannot be ensured by leaving
a significant number of its population below the poverty line. Legal aid is a proven process by which
exploitation of the poor can be removed, and rule of law, equality and justice can be ensured for all citizens of
the State. Being the owner of the State, getting legal aid is a right of the poor people, not a mercy or charity
from the government. The State is under an obligation to ensure the fundamental human rights and access to
justice for all citizens. The Constitution of the People’s Republic of Bangladesh, the Supreme Law of the State,
is the unparalleled basis of providing legal aid. It may not be possible to ensure legal aid services to the
indigent, vulnerable, disadvantaged people only by enacting laws rather it can be ensured through improving
and implementing the existing law. Public awareness is one of the most important mechanisms, by which public
at large will be aware about their rights of equality before law and access to justice. To ensure Access to Justice
and Human Rights, both governmental and non-governmental organizations need to work in collaboration with
each other through raising public awareness and providing legal aid services.
Keywords: Legal Aid in Bangladesh, Human Rights, Access to Justice, Rule of Law, Legal Aid Services Act
2000
I. Introduction
“We the people of Bangladesh, having proclaimed our independence on the 26th
day of March, 1971
and through a historic struggle for liberation, established the independent, sovereign People’s Republic of
Bangladesh”. This first paragraph of the Preamble of the Constitution proves that the people of the country are
the actual owner of the State. Recognizing the ownership of the people, Article 7 of the Constitution signifies,
“(1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected
only under, and by the authority of, this Constitution. (2) This Constitution is, as the solemn expression of the
will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution
that other law shall, to the extent of the inconsistency, be void.” 1
However, persons acting in the service of the
Republic are none but the servants of the people, as Article 21 (2) of the Constitution provides, “Every person in
the service of the Republic has a duty to strive at all time to serve the people”.2
Moreover, the third paragraph of
the Preamble of the Constitution states, “…it shall be a fundamental aim of the State to realize through the
democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental
human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens;”.
Therefore, it is a duty of the State to remove exploitation and to ensure rule of law, protect fundamental human
rights, equality and justice for the citizens. But these cannot be ensured in the State leaving a significant number
of its population below the poverty line. Legal aid is a proven process, by which exploitation of the poor can be
removed and rule of law, equality and justice can be ensured for all citizens of the State. Being the owner of the
State, getting legal aid is a right of the poor people, not a mercy or charity from the government, rather the State
is under an obligation to ensure fundamental human rights, rule of law, equality and access to justice for all
citizens.
II. What is Legal Aid and why it is necessary?
Legal aid is the process by which poor or indigent, underprivileged or deprived, vulnerable sections of
the society are encouraged to file or contest their litigations. It is an assistance given to these sections of the
people to ensure equality before law and access to justice for all the citizens of the State. It is a support given to
these groups of the society, who are not able to afford the expenditures of the litigations due to various socio-
economic conditions.
Legal aid is defined by the “New Encyclopedia Britannica” as giving professional legal assistance to
the needy indigent people, either for a nominal sum or for free.3
In defining legal aid, Section 2(a) of the Legal
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Aid Services Act, 2000 includes the services of: 1) legal advice; 2) fees of the lawyers; 3) fees of the mediators
or arbitrators; 4) other pertinent expenses and assistances.4
Legal professionals use the phrase “legal aid” to
mean any or all of the three following components: 1) giving financial or pecuniary aid to the litigants, 2) giving
legal advice for free on legal issues; 3) contesting a case in the court in favour of the litigants for free or with a
nominal fee. Legal aid in the modern sates includes the models of: 1) providing lawyer’s fee; 2) duty lawyers;
and 3) community legal clinics.
Why legal aid is necessary: Legal aid is a necessary ingredient for ensuring “Natural Justice”. Natural Justice
is dependent on the principles of: 1) Audi Altarem Partem (No one should be condemned unheard); and 2) Nemo
Judex In Causa Sua (No one should be judge of his own case). To ensure the first principle of natural justice,
irrespective of rich or indigent or vulnerable sects, everyone should have access to justice. Moreover, legal aid is
necessary to ensure “Access to Justice” for all. Access to justice is described by many judges and academics as
“Justice is open to all like the Ritz Hotel”. Therefore, to ensure access to justice for the poor, underprivileged or
deprived, vulnerable sects legal aid to those sections of the society is to be assured.
III. Legal Aid under International Instruments
Articles 7, 8 and 10 of the Universal Declaration of Human Rights, 1948 (UDHR-1948) recognize the
right to get legal aid as a human rights. Article 7 of the UDHR-19948 provides, “All are equal before the law
and is entitled to equal protection of law without any discrimination”.5
This provision has been clearly and
inevitably reflected in clause 3 (d) of Article 14 of the International Convention on Civil and Political Rights,
1966 (ICCPR-1966). Right of a person to get legal aid has, charged with criminal conviction, been ensured by
Article 6 (3) (c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms,
1950.6
Apart from these provisions legal aid for persons with criminal convictions has been accepted and given
due importance in the United Nation Conference on the Prevention of Crime and Treatment of Offenders, 1965
and the International Conference on Human Rights, 1968. In addition to these provisions legal aid has been
given significant importance under the Commonwealth of Independent States Convention on Human Rights and
Fundamental Freedoms 1995 (Articles 6 (1) and 20 (1)), the Arab Charter on Human Rights 1994 (Article 9),
the African Charter on Human and Peoples Right 1981 (Article 3), the American Convention on Human Rights
1978 (Article 24).
IV. Constitutional Basis of Legal Aid
The Constitution of the People’s Republic of Bangladesh, the Supreme Law of the State, can be
regarded as the unparalleled basis of providing legal aid. Article 14 of the Constitution provides, “It shall be a
fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward
section of the people from all forms of exploitation”.7
Therefore, the State is under an obligation to ensure the
rights of access to justice and equal protection of law for the backward section of the people, so that they cannot
be exploited. Moreover, Article 19 (1) of the Constitution states “The State shall endeavour to ensure equality of
opportunity to all citizens”.8
Thus it is one of the responsibilities of the State to ensure equal opportunity for all
of its citizens. Articles 14 and 19 described above are the Fundamental Principles of Sate Policy incorporated
under Part II of the Constitution, the guiding principles for Constitutional interpretation and law making, and
shall be applied by the government. If the government does not apply these Articles, an individual cannot go to
the court for its implementation as Article 8 (2) of the Constitution says, [Fundamental Principles] “….shall not
be judicially enforceable”.9
However, Equality before law has been recognized as one of the Fundamental
Rights under Part III of the Constitution. Article 27 of the Constitution provides, “All citizens are equal before
law and are entitled to equal protection of law”. Legal aid is a substantial process to ensure “equality before
law” and “equal protection of law” for all citizens of the State. Moreover, another Fundamental Rights “Right to
protection of law” has been ensured under Article 31 of the Constitution which provides, “To enjoy the
protection of the law, and to be treated in accordance with law, and only in accordance with law, is the
inalienable right of every citizen….”10
Moreover, Article 33(1) of the Constitution provides, “No person who is
arrested shall be detained in custody without being informed, as soon as may be, of the ground for such arrest,
nor shall be denied the right to consult and be defended by a legal practitioner of his choice”.11
Additionally,
Article 35(3) of the Constitution provides, “Every person accused of criminal offence shall have the right to a
speedy and public trial by an independent and impartial Court or tribunal established by law”.12
Therefore,
equality before law and equal protection of law are the primary themes for ensuring legal aid to the backward
sections of the society. Articles 27, 31, 33, 35 are some of the Fundamental Rights that are ensured under Part
III of the Constitution. If those rights are violated by any person or authority, Article 44 (1) of the Constitution
ensures that an individual can move to the High Court Division of the Supreme Court of Bangladesh for the
enforcement of such right with a Writ petition under Article 102 of the Constitution.
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V. Provisions of Legal Aid Under Various Bangladeshi Laws
Provisions relating to legal aid are found in various existing laws in Bangladesh. Some significant provisions are
discussed in the following:
The Code of Civil Procedure, 1908: In the Code of Civil Procedure 1908, the issue relating to “pauper suit”
has been described in Order XXXIII. According to this Order, subject to some conditions, a pauper is permitted
to institute a suit (Rule-1). Explanation of Rule-1 defined pauper as, a person who does not possess the
sufficient means to enable him to pay the fee for the plaint prescribed by law or otherwise, apart from the
subject matter of the suit and his necessary wearing-apparels, he does not entitle to property worthy of five
thousand taka.
The Code of Criminal Procedure, 1898: Right of person to be defended against whom criminal proceedings
are instituted has been represented in Section 340 of the Code of Criminal Procedure 1898. According to this
section, a person has the right to be defended by a pleader, if the person is accused of a criminal offence or
against him criminal proceedings are instituted. In respect of this section, Indian Supreme Court observed that,
this right of the accused person does not extent to the right to get lawyer by the State, police or magistrate; it is
the duty of the accused to engage a lawyer of his choice and the magistrate is under a duty to afford him the
necessary opportunity. However, a reversed view is seen in the US case of Clarance Earl Gideon Vs.
Wainwrght13
where the Supreme Court held that the accused has a right to get a pleader at the cost of the State.
The Acid Niontron Ain, 2002: Victims of acid violence are provided with legal aid under Acid Niontron Ain
2002. However, Section 8 (c) of the 2002 Act imposes duty upon the council to provide prescribed policy for
medical aid, rehabilitation and legal aid. Moreover, the duty also includes taking some steps for monitoring and
execution of the policies.
The Legal Aid Services Act, 2000: In order to ensure legal aid for poor or indigent, underprivileged or
deprived, vulnerable people of the society a specific law on Legal Aid Services has been enacted by the
parliament in 2000. This specific Act was passed to ensure legal aid to the litigants who are not capable of
seeking justice because of insolvency, destitution, helplessness, and for various socio-economic conditions.
VI. Steps Taken by the Government to Ensure Legal Aid
Until 2000 legal aid movement was not given any considerable importance in the governmental level.
When the Canadian International Development Agency (CIDA) assured to provide financial cooperation, the
government took initiative to provide legal aid to the indigent and vulnerable people, and subsequently the Legal
Aid Services Act 2000 was enacted. Until the government has taken this massive step, the Non-Governmental
Organizations (NGOs) strove for providing financial assistance to the indigent and vulnerable people, and tried
to ensure access to justice for them. Now, many NGOs are working in collaboration with the governmental
services to provide legal aid service. Some of the significant steps taken by the government have been discussed
in the following:
Creation of National Legal Aid Services Organization (NLASO): Under section 3 of the Legal Aid Services
Act 2000 the government has created the National Legal Aid Services Organization (NLASO), a statutory
organization situated in Dhaka, working under the Ministry of Law, justice and Parliamentary Affairs,
responsible for ensuring legal aid throughout the country.14
Mandate of the NLASO is “To provide legal aid to
the litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness, physical
and mental disability, gender disparity and other socio-economic conditions”. It’s vision is “To ensure equal
protection of the law for all and equal access to justice for the poor and disadvantaged,” and mission is “To
provide high quality legal aid services to the poor in accordance with the provisions of the Legal Aid Services
Act”.15
Powers and functions of the NLASO are to be exercised or performed by the “National Board of
Management”. National Board of Management is consists of 19 members headed by the Minister for the
Ministry of Law, Justice and Parliamentary Affairs, as its Chairman. Members from the ruling party and
opposition, governmental, non-governmental and other vital organizations of the State have been incorporated in
the Board.16
At least one meeting in every three months is to be held by the Board.17
Services of governmental legal aid: NLASO provides legal aid in all types of cases, i.e. Civil, Criminal,
Family, Jail Appeal etc. and NLASO bears the entire cost of the legal aid cases, including lawyer’s fee. Though
the fees are nominal to the lawyers, they cannot claim any extra fees, charges etc. from the client. NLASO, now,
provides wide range of legal services to the poor and disadvantaged people. NLASO’s services includes: 1)
Legal Advice; 2) Free Vocalatnama;3) Provide advocate to help in a legal proceeding; 4) Provide fees for the
lawyers; 5) Provide fees for the mediator or arbitrator; 6) Supply certified copies of Order, Judgment etc with
free of cost; 7) Provide the cost of DNA Test, 8) Provide the cost of paper advertisement in CR Case; and 9)
Any other assistance along with expenses for a case.18
Who are entitled to get free legal aid: Following persons are entitled to get free legal aid: 1) Any insolvent
person whose annual average income is not above Tk. 50,000/; 2) Freedom fighters, disabled, partially disabled,
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unemployed or unable to make a yearly income above 75,000 Taka; 3) An individual receiving old age
allowance; 4) Distressed mother holding a VGD (Vulnerable Group Development) card; 5) Women and children
victims of trafficking; 6) Women and children victims of acid throwing by the miscreants; 7) Allotee of a house
or land in a model village; 8) Insolvent widow, a woman abandoned by husband or a distressed woman; 9)
Disabled person, unable to earn and destitute; 10) Person unable to protect his/her right in court or to defend
him/herself due to financial insolvency; 11) Person detained without trial and unable to take proper steps for
legal assistance; 12) Person considered by the court as financially helpless and insolvent; 13) Person
recommended or considered by the jail authority as financially helpless and insolvent; 14) Person who is
identified from time to time by the organization as financially insolvent, destitute and suffered losses due to
various socio-economic and natural calamities for the purpose of the Legal Aid Service Act-2000 and unable to
conduct a case to protect his/her rights.19
VII. Structure of the Governmental Legal Aid Services
Governmental legal aid services are decentralized for national level to Union level. Structure of the
governmental legal aid services is described in the following:
Supreme Court Legal Aid Office: The Supreme Court Legal Aid Office was created on September 8, 2015.
This Office is consists of 10 members and 2 observers. The committee provides legal aid in the matters of: 1)
Criminal Revision and Appeal; 2) Civil Revision and Appeal; 3) Leave to Appeal; 4) Jail Appeal; 5) Writ
Petition, to the persons whose annual income does not exceed 50,000 Taka. Other legal aids provided by the
Supreme Court Legal Aid Office includes: 1) Legal advice; 2) Filling and dealing cases; 3) Expert opinion on
the merit of the case; 4) Bearing the actual cost. Supreme Court Legal Aid Committee appointed 77 lawyers at
the High Court Division and 6 Lawyers at the Appellate Division to handle the cases.20
District Legal Aid Committee: District Legal Aid Committees are created under Section 9 of the Legal Aid
Services Act 2000 to ensure governmental legal aid at the district lever. There are now 64 District Legal Aid
Committees working under the direct supervision and control of the NLASO headed by the District and Session
Judge of every District, as its Chairman. Representation from both governmental and non-governmental side is
ensured in the District Committees.21
At least one meeting of the District Committee is to be held in every
month.22
In every District a permanent legal aid office has been established by the government in order to ensure
access to justice for the indigent and disadvantaged people. District legal aid officers are appointed in every
District form the persons not bellow the rank of Assistant or Senior Assistant Judge. The office has also created
the post of office assistant and MLSS.23
Upazila Legal Aid Committee: Upazila Legal Aid Committee works under the supervision and control of the
District Legal Aid Committee. 480 Upazila Legal Aid Committees are now working across the county, to ensure
providing legal aid at the Upazila Level. Upazila Legal Aid Committee consists of 15 members headed by the
Chairman of the concerned Upazila Parishad.24
Union Legal Aid Committee: Union Legal Aid Committee is vested with the power to implement
governmental legal aid program at the Union level. 4498 Union Legal Aid Committees are mow working under
the direct supervision of the District Legal Aid Committee headed by the Chairman of the concerned Union
Parishad.25
VIII. Effectiveness of the Legal Aid Services
Government seems willing to provide legal aid services to the indigent, disadvantaged and vulnerable people of
the society. Law and Justice Division of the government has provided the statistics of legal aid recipients and the
number of disposed legal aid cases in its website from the year of 2009 to 2012.
Statistics of Government Legal Aid Recipients 2009-2012:
Year Female Male Child Total
2009 3175 5953 32 9160
2010 4986 6190 90 11266
2011 6479 6016 73 12568
2012 8078 7325 47 15450
Grand Total 22718 25484 242 48444
Source: Government of the People’s Republic of Bangladesh Law and Justice Division26
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Figure 1: Statistics of the above table has been shown by Clustered Bar.
The above diagram describes that, since 2009-2012, the numbers of the legal aid recipients have
gradually increased from 3175 to 8078. Female recipients seems more beneficial from the legal aid services, as
the number of female legal aid recipients have gradually increased each year. On the other hand, the numbers of
the Male legal aid recipients have slowly increased. The numbers of children legal aid recipients are decreasing
since 2010. In this four years time period (From 2009-2012) total 22718 female, 25484 male and 242 child (in
total 48444) have received legal aid from the government, which is not appreciable number in comparison with
the actual poverty line of Bangladesh in order to ensure access to justice, as in reality many more people are
depriving of their rights.
Statistics of number of disposed legal aid cases 2009-2012:
Year Civil Criminal Total
2009 1174 2350 3571
2010 1681 3946 5627
2011 1778 3598 5376
2012 1525 2911 4436
Grand Total 6158 12852 19010
Source: Government of the People’s Republic Of Bangladesh Law and Justice Division27
Figure 2: Statistics of the above table has been shown by Clustered Column.
In the above diagram, total 6158 numbers of Civil legal aid cases and 12852 numbers of Criminal cases
(in total 19010) have been disposed off. Total numbers of the disposed of cases shows the importance of legal
aid for the needy people in order to get access to justice.
Role of the NGOs: In order to providing legal aid to the indigent, disadvantaged and vulnerable sects
of the people the NGOs have been playing a vital role in Bangladesh. The Bangladesh Legal Aid Services Trust
(BLAST), Bangladesh National Women Lawyers Association (BNWLA), BRAC, RUPANTAR etc. are playing
the major role in ensuring access to justice for the needy people through legal aid service. NGOs are providing
legal aid services to the helpless people through: 1) Requiting stuff lawyers; 2) Requiting Para-legal experts and
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researchers; 3) Providing free legal advice; 4) Providing financial assistance; 5) Arranging and encouraging
arbitration and mediation; 6) Pro-bono activities; 7) Arranging awareness programs and seminars etc.
NGOs mostly provide legal aid on the grounds of: 1) Human Rights violations; 2) Violation against women and
girls; 3) Violation against religious or ethnic minorities; 4) Violation against Children’s right; 5) Torture,
murder, abduction, rape, enforced- disappearance, etc. 6) Family rights, dowry, marriage, divorce, etc. 7)
Trafficking, acid victims, victims of sexual abuses etc.
Moreover, NGOs are publishing books, journal articles, leaflets, pamphlets, to increase public
awareness in respect of the right to get legal aid by the helpless, disadvantaged people. Apart from publications
NGOs are arranging seminars and symposiums to increase public awareness.
IX. Shortcomings and Solutions
There are several shortcomings in the existing law of Bangladesh in respect of providing legal aid. Moreover,
the process of providing legal aid is not out of criticisms. Significant shortcomings in laws and procedures in
providing legal have been identified bellow and backed with the potential solutions:
Publicity by the government to encourage needy people for getting legal aid and to ensure access to justice
is not done to the expected level. Lack of awareness of the needy and helpless people is a significant barrier
to ensure access to justice for all the citizens of the State. In respect of publicity government should give
significant importance to ensure public awareness. Apart from other means, both electronic and print media
can be used to ensure much publicity.
Governmental (including: National Legal Aid Services Organization, Supreme Court Legal Aid Office,
District Legal Aid Committee, Upazila and Union Legal Aid Committee) and Non-Governmental
Organizations are not well equipped with sufficient field officers. As such the appropriate picture of the
society is not well pictured through field working. To mitigate the problem sufficient field officers shall be
recruited by the organizations.
According to the Legal Aid Services Act 2000 District Legal Aid Committee is accountable to the National
Board of Management for their actions and functions. But the Act does not provide any specific rules
relating to the accountability of the National Board of Management. Therefore, proper accountability of the
National Board of Management shall be assured for ensuring public awareness.
According to Section 11 of the Legal Aid Services Act 2000 the District Committee shall held a meeting in
every month. But meeting in every month does not meet the requisite expectation of the people in respect of
ensuring legal aid and access to justice for the disadvantages and vulnerable section of the society.
Therefore, the number of meeting of the District Committee needs to be increased.
According to Section 8 of the Legal Aid Services Act 2000 the National Board of Management is under an
obligation to held meeting in every three months. Meeting in every three months of the Board does not meet
the expectation of the people of the society. Therefore, the numbers of meeting of the Board need to be
increased.
Procedures of providing legal aid are not properly followed up. Apart from this, after allotting a case to a
lawyer, significant follow up by the committee is not ensured. Therefore, appropriate follow up
mechanisms needs to be incorporated.
Logistic facility of the NLASO is not satisfactory. Apart from this, their monitoring mechanism throughout
the Country does not meet the satisfactory level. Therefore, proper monitoring mechanism along with
satisfactory logistic support needs to be assured.
There is a District Legal Aid Committee in every District of the Country. As per the Legal Aid Services Act
2000, The Office of the District Legal Aid need not be in the Court premises. But to avoid unexpected
harassment of the helpless vulnerable people the Office of the District Legal Aid Service may be establish
in the Court premises.
Insufficient data in the website of the NLASO reflects the lack of proper management. So, proper
management of the website is to be ensured so that people can get known of the current information about
the NLASO.
NLASO, Supreme Court Legal Aid Office, District Legal Aid Committee, Upazila and Union Legal Aid
Committee are not enabled with enough researchers. To monitor the current status of the society field
research should be done in every level. Therefore, the Committees need be enabled with required number of
researchers.
Though not always, getting legal aid is a lengthy bureaucratic procedure at times. Therefore, to prevent the
harassment for the indigent vulnerable people, all the lengthy bureaucratic procedures need to be removed.
It is always claimed by the litigants, lawyers, non-governmental organizations and academicians that
enough funds are not allocated to the District level to ensure legal aid and access to justice for the poor.
Therefore, to ensure access to justice of the poor people sufficient funds need to be allocated to the District,
Upazila and Union level.
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At the Upazila and Union level, Chairman of the respective Upazila and Union Parishad is also the
Chairman of the Upazila and Union Legal Aid Committee respectively. In this regard if a poor villager
wants to file a suit against the Chairman he/she might face a great difficulty. As such, proper check and
balance need to be assured.
The Legal Aid Services Act 2000 does not specify cases for which legal aids are to be given by the
government. However, in this regard several NGOs have included several specific issues for which they are
interested to provide legal aid facilities. Therefore, the NLASO should also specify the cases for which it
will provide legal aid facilities.
Supreme Court Legal Aid Office and District Legal Aid Office desire to engage experienced lawyers for
providing legal aid to the poor litigants. But experienced lawyers are much busier that the junior lawyers
and are not always interested to deal with the matters. Therefore, junior lawyers can also be engaged for
providing legal aid facilities.
Other problems for which lawyers are not always interested to deal with legal aid cases are- they do not get
any advance payment and their fee is nominal than expectation. Therefore, to mitigate those problems a
nominal advance payment can be ensured and the lawyer’s fee for dealing with cases can be increased to an
expected level.
Any member of the Non-Governmental Organizations from the National Board of Management and District
Committee may be removed by the government without showing any cause. This provision under Section 6
and 9 of the Legal Aid Services Act 2000 may hamper to ensure proper check and balance.
Legal aid funds can be collected from both the national and international organizations. In this regard,
collaboration of both governmental and Non-Governmental Organizations is to be ensured.
X. Conclusion
Legal aid is an important mechanism to ensure fundamental human rights, rule of law, equality before
law and access to justice for all people in the society. Without providing legal aid assurance of human rights,
access to justice for the indigent, vulnerable, disadvantaged people is a day-dream. Bangladesh Government has
taken some appreciable steps for ensuring legal aid for the poor people. However, it may not be possible to
ensure legal aid services to those indigent, vulnerable, disadvantage people, only by enacting laws rather it can
be assured through improving and implanting the existing law. In addition to that, public awareness is one the
most important mechanisms, by which public at large will be aware about their rights of equality before law and
access to justice. In order to ensure those rights, both governmental and non-governmental organizations need to
work in collaboration with each other through raising public awareness and providing legal aid services.
Notes:
1
Article 7 of the Constitution of the Peoples Republic of Bangladesh, 2015
2
21 (2) of the Constitution of the Peoples Republic of Bangladesh, 2015
3
New Encyclopedia Britannica,Vol. 6, P.122
4
2(a) of the Legal Aid Services Act, 2000
5
Article 7 of the Universal Declaration of Human Rights, 1948.
6
6 (3) (c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
7
Article 14 of the Constitution of the People’s Republic of Bangladesh, 2015
8
Article 19 (1) of the Constitution of the People’s Republic of Bangladesh, 2015
9
Article 8 (2) of the Constitution of the People’s Republic of Bangladesh, 2015
10
Article 31 of the Constitution of the People’s Republic of Bangladesh, 2015
11
Article 33(1) of the Constitution of the People’s Republic of Bangladesh, 2015
12
Article 35(3) of the Constitution of the People’s Republic of Bangladesh, 2015
13
Clarance Earl Gideon Vs. Wainwrgh, 372 U.S. 335 (1963)
14
Section 3 of the Legal Aid Services Act, 2000
15
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
8. Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
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16
Section 6 of the Legal Aid Services Act, 2000
17
Section 8 of the Legal Aid Services Act, 2000
18
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
19
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
20
http://www.supremecourt.gov.bd/nweb/?page=legal_aid.php&menu=10; retrieved on 18.01.2017
21
Section 9 of Legal Aid Services Act, 2000
22
Section 11 of Legal Aid Services Act, 2000
23
http://www.thedailystar.net/news/overviewofgovernmentlegalaidsystem; retrieved on 18.01.2017
24
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
25
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
26
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
27
http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
References
Primary Sources:
[1]. Acid Niontron Ain, 2002
[2]. Clarance Earl Gideon Vs. Wainwrgh, 372 U.S. 335 (1963)
[3]. The Code of Civil Procedure 1908
[4]. The Code of Criminal Procedure 1898
[5]. The Constitution of the Peoples Republic of Bangladesh, 2015
[6]. The European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
[7]. The Legal Aid Services Act, 2000
[8]. The Universal Declaration of Human Rights, 1948
Secondary Sources:
[9]. Halim, Md Abdul. The legal system of Bangladesh: a comparative study of problems and procedure in legal institutions. Dhaka :
CCB Foundation. 6th
edition, 2012.
[10]. Islam, Syed Aminul. Overview of government legal aid system. The Daily Star. April 28, 2013.
[11]. Jahan, Esrat. Legal Aid in Bangladesh: Application and Commitment. International Journal of Humanities and Social Science
Invention, Vol: 4, Issue:2. (2015). 1-9.
[12]. Mian, Md Nannu, and Rashid, Md Mamunur. A Critical Analysis of Legal Aid in Bangladesh. International Journal of Social
Science Research, Vol:2, No:1 (2014): 139-150.
[13]. Murad, Mohammad Hasan, and Hossain, Md Sarowar. "Legal Aid in Bangladesh: An Overview." Journal of Educational and
Social Research Vol: 4, No:3. (2014): 279.
[14]. Uddin, M. Aftab. Access to Justice and Legal Aid System of Bangladesh Government. Law journal Bangladesh, vol:1. (2014).
[15]. New Encyclopedia Britannica,Vol. 6, P.122
[16]. http://www.lawjusticediv.gov.bd/static/legal_aid030413.php; retrieved on 18.01.2017
[17]. http://www.supremecourt.gov.bd/nweb/?page=legal_aid.php&menu=10; retrieved on 18.01.2017
![Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladesh
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Aid Services Act, 2000 includes the services of: 1) legal advice; 2) fees of the lawyers; 3) fees of the mediators
or arbitrators; 4) other pertinent expenses and assistances.4
Legal professionals use the phrase “legal aid” to
mean any or all of the three following components: 1) giving financial or pecuniary aid to the litigants, 2) giving
legal advice for free on legal issues; 3) contesting a case in the court in favour of the litigants for free or with a
nominal fee. Legal aid in the modern sates includes the models of: 1) providing lawyer’s fee; 2) duty lawyers;
and 3) community legal clinics.
Why legal aid is necessary: Legal aid is a necessary ingredient for ensuring “Natural Justice”. Natural Justice
is dependent on the principles of: 1) Audi Altarem Partem (No one should be condemned unheard); and 2) Nemo
Judex In Causa Sua (No one should be judge of his own case). To ensure the first principle of natural justice,
irrespective of rich or indigent or vulnerable sects, everyone should have access to justice. Moreover, legal aid is
necessary to ensure “Access to Justice” for all. Access to justice is described by many judges and academics as
“Justice is open to all like the Ritz Hotel”. Therefore, to ensure access to justice for the poor, underprivileged or
deprived, vulnerable sects legal aid to those sections of the society is to be assured.
III. Legal Aid under International Instruments
Articles 7, 8 and 10 of the Universal Declaration of Human Rights, 1948 (UDHR-1948) recognize the
right to get legal aid as a human rights. Article 7 of the UDHR-19948 provides, “All are equal before the law
and is entitled to equal protection of law without any discrimination”.5
This provision has been clearly and
inevitably reflected in clause 3 (d) of Article 14 of the International Convention on Civil and Political Rights,
1966 (ICCPR-1966). Right of a person to get legal aid has, charged with criminal conviction, been ensured by
Article 6 (3) (c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms,
1950.6
Apart from these provisions legal aid for persons with criminal convictions has been accepted and given
due importance in the United Nation Conference on the Prevention of Crime and Treatment of Offenders, 1965
and the International Conference on Human Rights, 1968. In addition to these provisions legal aid has been
given significant importance under the Commonwealth of Independent States Convention on Human Rights and
Fundamental Freedoms 1995 (Articles 6 (1) and 20 (1)), the Arab Charter on Human Rights 1994 (Article 9),
the African Charter on Human and Peoples Right 1981 (Article 3), the American Convention on Human Rights
1978 (Article 24).
IV. Constitutional Basis of Legal Aid
The Constitution of the People’s Republic of Bangladesh, the Supreme Law of the State, can be
regarded as the unparalleled basis of providing legal aid. Article 14 of the Constitution provides, “It shall be a
fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward
section of the people from all forms of exploitation”.7
Therefore, the State is under an obligation to ensure the
rights of access to justice and equal protection of law for the backward section of the people, so that they cannot
be exploited. Moreover, Article 19 (1) of the Constitution states “The State shall endeavour to ensure equality of
opportunity to all citizens”.8
Thus it is one of the responsibilities of the State to ensure equal opportunity for all
of its citizens. Articles 14 and 19 described above are the Fundamental Principles of Sate Policy incorporated
under Part II of the Constitution, the guiding principles for Constitutional interpretation and law making, and
shall be applied by the government. If the government does not apply these Articles, an individual cannot go to
the court for its implementation as Article 8 (2) of the Constitution says, [Fundamental Principles] “….shall not
be judicially enforceable”.9
However, Equality before law has been recognized as one of the Fundamental
Rights under Part III of the Constitution. Article 27 of the Constitution provides, “All citizens are equal before
law and are entitled to equal protection of law”. Legal aid is a substantial process to ensure “equality before
law” and “equal protection of law” for all citizens of the State. Moreover, another Fundamental Rights “Right to
protection of law” has been ensured under Article 31 of the Constitution which provides, “To enjoy the
protection of the law, and to be treated in accordance with law, and only in accordance with law, is the
inalienable right of every citizen….”10
Moreover, Article 33(1) of the Constitution provides, “No person who is
arrested shall be detained in custody without being informed, as soon as may be, of the ground for such arrest,
nor shall be denied the right to consult and be defended by a legal practitioner of his choice”.11
Additionally,
Article 35(3) of the Constitution provides, “Every person accused of criminal offence shall have the right to a
speedy and public trial by an independent and impartial Court or tribunal established by law”.12
Therefore,
equality before law and equal protection of law are the primary themes for ensuring legal aid to the backward
sections of the society. Articles 27, 31, 33, 35 are some of the Fundamental Rights that are ensured under Part
III of the Constitution. If those rights are violated by any person or authority, Article 44 (1) of the Constitution
ensures that an individual can move to the High Court Division of the Supreme Court of Bangladesh for the
enforcement of such right with a Writ petition under Article 102 of the Constitution.](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)