Rights Watch
Where government legal aid stands now
Despite constitutional rights guaranteeing every citizen equal rights before the law irrespective of poor or affluent, a large number of people remain deprived of justice because of financial constraints. The marginalized and underprivileged sections of the society often become victims of social injustice. The National Legal Aid Services Organization of Government of Bangladesh, in an effort to mitigate such hardships of the poor litigants, has introduced legal aid offices in all districts. The legal aid offices are responsible to provide free legal services and advice to poor and helpless people. This has been a major achievement of the present Government of Bangladesh over the last four years. Let us take a look at some of the major tasks the NLASO has accomplished to ensure justice is duly served to the poor people.
Setting up National Legal Aid Services Organisation
To make government legal aid services instrumental, the present government formed the National Legal Aid Services Organization in 2000. Despite being established as statutory organization, due to lack of human resources and offices in the previous years, the government's legal aid services have been tremendously hindered. The present government, after assuming power, has made the organization instrumental in delivering legal aid services to the poor and helpless people. The government has appointed staffs, set up offices and other infrastructures to make the organization effective and functional.
Law and policy amendment
In order to make the government legal aid services more effective, expeditious and pro-poor, changes have been made to the laws and policies related to legal aid. Through the enactment of Legal Aid Services (Amendment) Act, 2011, Chief Judicial Magistrate, Pouroshabha Mayor and Upazila Chairman have been enlisted as members of the District committee. Also, to make Government legal aid services more attainable to the poor people, amendments have been brought even to the Legal Aid Services Regulation, 2001 by which an 'insolvent person's income limit has been increased from BDT 30,000 to BDT 50,000 and for freedom fighters from BDT 6,000 to BDT 75,000.
Fee increment for panel lawyers
To attract skilled and experienced lawyers to deal with cases pertaining to legal aid services, the government has increased the fees manifold by amending the Legal Aid Services Regulation, 2001. The increment of fees has created a great deal of job motivation among the panel of lawyers.
Establishment of Permanent District Legal Aid Office
Legal aid offices have been set up in 64 districts to make the legal aid services more effective, expeditious and service-oriented. Positions for three staffs including an official with the status of a Senior Assistant Judge have been created in each of the 64 districts with total of 192 positions. All arrangements including appointment of human resources and procurement of office furniture have been allotted for District Legal Aid Office. Through these initiatives the Government legal aid service has shaped into an institution. A District legal aid officer, besides providing legal aid services to the poor and helpless litigants, also provides people with legal advices. Currently, disposal of cases, forwarded by the Court or Tribunal, through district legal aid officer, is being considered by the government.
Setting up Upazila and Union Legal Aid Committee
In order for the Government legal aid services to reach the grassroots across the country, the Government has taken the initiative to form Upazila and Union Legal Aid Committee by preparing National Legal Aid Services Organization (Upazila and Union Committee, responsibilities, functions, etc) Policy, 2011. Legal aid committees have been set up across the country in light of the regulation. A workshop on legal aid services has been completed in every district in presence of the Upazila and Union chairmen.
Introducing hotline services
In order to provide primary information on legal aid, the NLASO initiated a hotline service with three cell numbers (01761222222-4) at its head office. Under the service, anyone can get necessary information about legal aid service and its procedure through a phone call from any part of the country. Primary legal advice is also given to the callers in addition to the information.
Launching website
A website has been opened to introduce NLASO as well as provide information about the different services that the organization provides. The website is designed with all relevant information at different levels so that people can learn about government legal aid from anywhere in the world. The website: www.nlaso.gov.bd contains an application form for legal aid services, other forms and registers, phone numbers of legal aid offices in 64 districts as well as the other procedural information.
Production of TVC
An attractive TVC has been produced for public awareness to be broadcast in public and private radio and television channels. The TVC is currently being telecast on various radio and TV channels besides BTV. A large number of people are calling the hotline numbers after watching the TVC to get more information about legal aid.
Optimum utilization of legal aid fund
In four years of the present government's tenure, because of a rapid progress in the legal aid services, the utilisation of the services rendered to the poor people out of the fund allotted for them has increased manifold. The utilization of the fund before 2009 was below 10%, which had increased to 72% in 2009, 96% in 2010, 98% in 2011 and 100% in 2012.
Strategic plans of the organisation
The National Legal Aid Services Organization has formed a five-year work-plan (2012-2017) on the basis of priorities of implementing and finalizing them.
Introducing legal aid service in Chittagong Hill Tracts
No Government legal aid service was available in three districts of the Chittagong Hill Tracts Rangamati, Bandarban and Khagrachhari, before 2009. The present government after assuming power introduced legal aid services in the three districts of the Chittagong Hill Tracts including the other districts.
Challenges and future plans of the Government legal aid services
1. Make District Legal Aid Offices as 'ADR Corner' or Alternative Dispute Resolution Centre to dispose of cases forwarded by Court or Tribunal with the District Legal Aid Officer as the intermediary
2. Ensuring legal aid services for poor people beginning from Village Courts up to the Supreme Court at Government expenditure
3. To clear ad valorem court fees and other ancillary costs for the poor and underprivileged litigants under the Government legal aid services
4. Ensuring waiting rooms, rest rooms and pure drinking water for all children and women arriving at the legal aid office from faraway places
5. Expanding Government legal aid services at the Labour courts and tribunal to dispose of disputes relating to wage, security and right to work for underprivileged women and garment workers
6. Bearing all costs including DNA test for litigants in situations where children are denied paternity and social respect
7. To provide a 'package service' which comprises of legal aid services for the poor and underprivileged community through joint initiatives of the GO-NGO governed by the public and private sectors
The writer is Director (District Judge) of National Legal Aid Services Organization, Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs.
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