Legal Aid

In Bangladesh, it is common that litigants are expensive a lot of money to get justice or to enforce his breached rights. The reason is, in civil suits each litigant has to pay a prescribed amount of court fees to commence his proceeding. In addition to this, he/she will also need to appoint a lawyer who will proceed his suit on behalf of him/her before the court. Apart from this, there are many more sectors to spending money to continue a proceeding like collecting and coping necessary documents, serving the notice/summons, adjournment fees, fees to appoint commission etc. Hence enforcement of legal rights or getting justice is an expensive matter here. 

As well as it is a lengthy process, which also accelerate the wheel of cost. In our motherland, many poor villagers cannot seek legal remedy due to their financial deficiency. A popular perception exist in our society that the court building requires money to provide legal remedy. Even many of them are not able to imagine stepping on the veranda of the Supreme Court because of heavy remuneration of those lawyers and huge cost for court fees and other proceedings. Consequently, in many circumstances common people are deprived from getting justice only for lack of money. As a result, justice is crying in the bottom of their heart alone. 

To become a welfare state and to resolve this problem, our parliament had enacted an instrument titled the Legal Aid Act in 2000 to provide free legal supports to the natives of this soil. The Government has already made rule under this Act and constituted National Legal Aid Services Organization. They also formed district legal aid committee under the national committee and now the committee extends to Upozila and to some extent up to union level also.

Who are eligible to get free legal aid: Only financially defeated persons are entitled to get free of cost legal aid under this mentioned Act. As per the provision of this law the following personnel are eligible to get free legal aid from the govt.:
● The person who earns less than 50,000 taka in a year,
● Disable, partially disable or unemployed freedom fighter who’s income is not more than 75,000 taka in a year,
● Who gets older allowance or VGD card holder poor mother,
● Abducted child/women or acid victim child/women.
● Poor widow, husband abandoned and marginal women,
● Unemployed and asset less disable person,
● The person who cannot established his legal right before the court for lack of money,
● The person who detain in jail without trial and who is not able to defend himself,
● Insolvent person declared by competent court,
● Person recommended by prison authority as unable to maintain case for lack of money.

How to apply: Now in every district there is a legal aid office at the District Court. Application form to apply for legal aid is available there and any eligible person can collect an application form from there. In addition, a prisoner can take this form from designated prison officer. 

Apart from this the form is also available at the office of secretary of local bar association, bench assistant (peshkar) in each district court, district and Upozila office of national women organization etc. An applicant will have to fill up the form duly and submit it at the district legal aid office. An applicant may apply on a white paper mentioning his full name, address and reason to ask for legal aid addressing to the chairman of district legal aid committee or if the matter is concerned with any division of the Supreme Court then to the chairman of the national legal aid committee.

After scrutinizing the application, the authority will appoint a lawyer on behalf of the petitioner to conduct his/her case for free of cost. Then the Government will pay the honorarium to the advocate, which the litigant need to pay. If district committee is disinclined to provide legal aid then the aggrieved appellant can file an appeal before the national committee within sixty days from the date of the decision of the district committee. In addition to this, there is a hot number i.e 01761222222-4 from which any interested person can get more information about free of cost legal aid. Apart from this, a pauper (a insolvent person) is also entitled to enforce his rights under the provision of the Code of Civil Procedure, 1908.

When legal aid may be granted: A litigant can seek legal aid from the government before or after the commencement of his/her proceeding. Legal aid may be provided in both civil and criminal cases.  Even a legal aid may be granted to pay the remuneration of a mediator or arbitrator appointed under the Code of Civil Procedure, 1908. The Government will fund all relevant cost to conclude a legal proceeding. Usually legal aid is allowed to conduct suit relating to custody & guardianship of minor children, remarriage by a husband without taking permission from arbitration council, torture by husband, dowry or torture for dowry, acid throwing, kidnapping, abduction, rape, arbitrary arrest by law enforcing agencies etc. Apart from this legal aid may also be awarded to maintain civil suits like-divorce, maintenance, recovery of dower, recovery of possession, cancellation of deed, perpetual injunction, partition, declaration or suit arising out of breach of contract etc. 

The lawmakers should bear in mind that this state has a constitutional obligation to ensure equality before law and equal protection of law to all citizen of the territory under Art. 27 of the Constitution. Hence mere enactment of a law to provide legal aid is not sufficient to guaranteed equality and to protect legal rights of marginal people and it is also not the last task for them. Rather, State should implement the provisions of the enacted law effectively and should also be pro people to ensure the right to get justice of the commoners of this independent land and to uphold the true spirit of the Constitution. 

No comments:

Post a Comment

Beyond the Gavel: The Twists of Prenatal Sex Detection

  In a recent decision, a divisional bench of the High Court Division (HCD) has imposed embargo on pre-natal sex detection in Bangladesh in ...