Access to Justice and legal ethics in Bangladesh

Eight components for access to justice ,

 a competent and impartial judiciary
 accessible courts
 properly administered courts
 a competent and honest legal profession
 an effective procedure for bringing a case before the court
 an effective legal process
 effective execution
 affordable justice

The constitutional mandate for access to justice: The Constitution of Bangladesh,

which enshrines the inviolable rights and duties of the land, guarantees access to
justice through several provisions, including Article 27 and Article 31. The former
provides that ‘All citizens are equal before law and are entitled to equal protection of
law’; the latter that ‘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, wherever he may be, and of every other person for the time being
within Bangladesh, and in particular no action detrimental to the life, liberty, body,
reputation or property of any person shall be taken except in accordance with law.’

Both these are Fundamental Rights and Article 26 provides that all existing laws that
are inconsistent with Fundamental Rights are void, and the State shall not make any
law that is inconsistent with these rights. The provisions of a number of international
human rights instruments that Bangladesh has agreed to uphold such as the
Convention on the Rights of Persons with Disabilities concretize its commitment to
protecting access to justice further.

Section 89A and 89C of the CPC has provided for court-annexed ADR. After filing
of the written statement if all the contesting parties are present in the court it shall
adjourn the hearing of the suit and order to mediate to resolve the dispute. Through
this section of the CPC, it has been made mandatory to resolve the dispute initially by
ADR. Again mediation under CPC is meant as informal, nonbinding and consensual
dispute resolution process where the mediator shall only aid without straitening any
terms of the dispute. If we closely examine these sections it stated that, it is
obligatory for the court to resolve the dispute through mediation.

One statistics shows that around 40 percent of Bangladeshi people is deprived of

having access to justice. Although the right to legal aid is not a fundamental right
according to our constitution. Last year, Advocate Shakhawat Shamim along with 15
more young lawyers started this free legal aid campaign in Bangladesh. They have
already visited many rural areas of different six districts of Bangladesh. The last
camp took place on 26 March the Independence Day at Baghduli village of Pangsha
Upazila, Rajbari district.

Higher expense is responsible for not having access to justice. Our legal services are
not even available in the remote village areas.
 Case study
5th Senior Assistant Judge Court, Chittagong
Eviction suit (Suit No.259/08)
This case resolved through mediation by the 5th Assistant Judge court who was
appointed as a mediator he also made a report on it.
Fact of the Case
The plaintiff’s case, in short is that the scheduled land was obtained by the plaintiff
by way of sale. It was acquired by CNB from the holders under R.S Khatian and
proper compensation was given to them by the government. One Mofizur Rahman
obtained the scheduled land vide registered settlement deed 21611 dated 27.12.82 as
a landless distressed person. That Mofizur Rahman sold the land to Abdul Hakim,
S/O kala Mia vide registered deed no 3152 dated 10. 02.83. Subsequently that Abdul
hakim sold that land to the plaintiff vide registered deed no 4386 dated 03.03.83. The
plaintiff filed suit for mutation and his name was recorded as the owner of the land in
the B.S khatian. The plaintiff paid all the rent and revenues incurred time to time to
the government. The defendants got permission to stay in the scheduled land from
the plaintiff for two months and promised to vacate the premise thereafter. Defendant
no. 2-4 entered into the scheduled premise as the relative of defendant no.1, yet again
the plaintiff came to know from a reliable source that the defendant no. 2-4 were no.1
relative of defendant no.1 and they paid money to defendant no1 to stay therein from
February. The plaintiff was willing to erect multistoried building demolishing old
building thus the plaintiff requested the defendants to vacate the premise but the
defendants failed to vacate that premise. Therefore, the plaintiff went to the scheduled
land on 25. 07.08 and asked the defendant when they would vacate the premise. But
the defendants refused to fix any specific time and the defendants entered into the
scheduled premise fraudulently trying to obstruct peaceful possession of the land by
the plaintiff.

The defendants’ case in short is that the scheduled land is under defendants’ peaceful
possession without any interruption beyond the prescribed period of limitation so far,
under the R.S khatian ,one Mofizur Rahman holds the disputed land and erected a
semi –pacca building therein. The defendants are in possession of that premise as
monthly rated tenant. That Mofizur Rahman sold the scheduled land to Abdul
Hakim ,S/O, kala Mia vide Registered deed no 3152 dated 10.02.83,however Mofizur
Rahman accepted the premise under the possession of defendants as he was highly
pleased with the amicable manner of the defendants. Abdul Hakim never interrupted
peaceful possession of the defendants. He sold the scheduled land to the plaintiff
excepting the premise under the possession of the defendants. The plaintiff purchased
the land being aware of the fact, thus the defendants reconstructed the old deplorable
house under their possession. They never sought any permission from the plaintiff.
After filing of the suit it was mediated by the 5th Assistant Judge court since he was a
mediator in this case. And it was agreed that the defendant no 2, 3 would vacate the
premise within 60 days.

Terms of Agreement
Defendants shall have no objection upon decree which is passed as per claim
sought by plaintiff.
They shall vacate the premise and remove structures etc therein.
If they fail to vacate the scheduled premise as agreed above the plaintiff shall be
entitled to decree for possession by the court.
Terms of ADR shall be considered as part of decree
Barriers for access to justice:

 the courts are primarily located in urban areas, people living in rural areas are
particularly disadvantaged when seeking legal assistance.
 Masrur Salekin, an Additional District and Sessions Judge in Bangladesh.
He told me: ‘women victims of various sexual offences feel uncomfortable
and unsafe in lodging their complaints. The male-dominated state mechanism
and the method of medical examination is an addition to the other obstacles
in accessing justice. Also, the fear of courts, unregulated fees of lawyers,
outdated laws, and procedures are also acting as barriers.’
 The role or lawyers are the prominent part to ensure access to justice to
resolve backlog of cases as in terms complying constitutional mandate to
ensure the rule of law. As it is the ethical obligation to the legal
professionals / advocates not to be money oriented in their profession
rather try to settle the dispute outside the court. And help the distress to
achieve legal remedy in a efficient way as well as ensuring the right
based humanitarian principle.

Role of BAR Association in Bangladesh shaping Bangladesh Legal

Professionals

The Bar Association is ultimately represented by Bangladesh bar council and

its throughout assessment is to develop a curriculum which can shape up the
forth coming legal professional both practicing in lower court as well as
Apex court of the country.
Lawyers are recognized as ‘social engineers’ and are expected to
persistently ensure outreach of social economic growth and justice to
all classes of the society. The Bar Council, a Statutory body
rendering public service and the law empowering such body
optimistically seeks members that will serve society and also uphold
ethical cannon.
with the goal of furthering and strengthening legal knowledge and
profession of future practitioners of the craft. Such was observed by
the honorable High Court Division in the case of Kazi Habibul
Awal vs Bangladesh Bar Council wherein directive to indoctrinate
provisions to impart students with legal training required under
Article 21 of the order was reestablished.
The offering of a degree in Bachelors of Law shall not be less than
four (4) years of education either by a public or private university
and also such institutes are debarred from admit-ting more than fifty
(50) students per intake. The Bar Council may also elect to ratify or
adjust the upper and lower limits of age of individuals seeking to be
enrolled as Advocates.
Faculty-Student Ratio: All public and private universities are not to
issue any certificate of a law degree that has inadequate teaching
members teachers fewer than what maybe/is prescribed by the Bar
Council Enrollment: The Bar Council shall effectively adopt
measures to ensure enrolment process of new Advocates at all level
of practice every ca-lendar year.
The Dhaka Bar Association is one of the leading & renounced Bar
Association. After getting the establishment in 28 January 1889 A.D.
It is holdings an important role up to date to establish the rules of law
and establish the perfect or accurate judgment in between of facing to
much difficulties.
This bar association make the role of forwardness against each &
every works of interest individually.
This bar association play the role to get the legal rights as faster
Here are some key features and functions of the Dhaka Bar
Association:

Membership: The Dhaka Bar Association is open to lawyers who are

enrolled as members of the bar and practice in the Dhaka district.
Lawyers who meet the eligibility criteria and pay the prescribed
membership fees can become members of the association.

Legal Representation: The Dhaka Bar Association represents its

members and advocates for their professional interests and rights. It
serves as a platform for lawyers to come together, discuss common
issues, and collectively address matters related to the legal
profession.

Professional Development: The association organizes seminars,

workshops, and training programs to enhance the professional
development of its members. These initiatives focus on updating
legal knowledge, improving advocacy skills, and promoting ethical
standards among lawyers.

Legal Aid and Assistance: The Dhaka Bar Association provides

legal aid and assistance to the underprivileged and marginalized
sections of society. It may offer pro bono services, legal clinics, or
referral services to individuals in need of legal representation.

Dispute Resolution: The association plays a role in resolving

disputes and conflicts among its members or between members and
clients. It may have mechanisms in place to address complaints,
grievances, and disciplinary matters related to professional conduct.

Welfare and Support: The Dhaka Bar Association may offer

welfare and support services to its members, including financial
assistance, health benefits, and support during times.

Legal Education and Training in Bangladesh

the recent decisions of the Supreme Court of Bangladesh in the
case of Professor Syed Ali Naki and others v Bangladesh and
others (decided by the High Court Division on 13 April 2016) and
Bangladesh Bar Council and others v A.K.M. Fazlul Kamir and
others (decided by the Appellate Division on 8 February 2017)
concerning the regulation of private university law schools have
once again reminded us that law schools alone do not hold the
responsibility of maintaining the overall standard and quality of
legal education in Bangladesh. Other stakeholders such as
Bangladesh Bar Council and University Grants Commission also
bear the contributory duty of maintaining qualitative legal
education in Bangladesh.
Considering legal education as a professional discipline of higher
study, the Supreme Court has showed its judicial perception which
deserves serious attention. However, the two decisions did not reflect
upon a common perception that predominantly suggests that law
schools in Bangladesh are only for preparing students with pure
doctrinal knowledge of law, and hence, the duty of imparting
practical knowledge through various professional skills development
programmes is of Bangladesh Bar Council only. The judicial non-
exploration of this perception might be one of the reasons as to why
the Supreme Court was reluctant to dig into the fact that Bar Council
has specific legal obligations to improve legal education through
Continuing Legal Education (CLE) programme under the control and
management of Bar Council's Legal Education Committee (LEC).

The UGC has implemented National BNQF template under World

Bank Project of Hequep for introducing OUTCOME BASED
EDUCATION in all public and private universities to get accredited
by the IQAC cell. This OBE curriculum is designed for the effective
and efficient result for the students by implementing it by latest
syllabus .