National Legal Aid Day-2025 & It’s Significance

Repoter : News Room
Published: 28 April, 2025 9:43 am

Dr. Aziz Ahmed Bhuiyan

Dr. Aziz Ahmed Bhuiyan : Today is 28th April. It has been declared to be the National Legal Aid day since 2013 and being spontaneously observed through various awareness generating program both in national and local level every year. Seminars, discussion sessions, legal aid rally, information fair, legal aid related publications on that very day are arranged, organized and participated by the District, Upazilla and Union committees to uphold and magnify the significance of Government Legal Aid. This year’s theme of the day is “There is no joy in conflict, compromise brother, legal aid is by your side, no worries”.

The basic philosophy of legal aid is to ensure equal justice to all, especially to the poor, so that no one is deprived of equal rights in the eyes of the law or denied access to the court only because of poverty, illiteracy or other incapacities. Generally, in a society a lot of people are unable to get fair access to the court and equal opportunity and equality before the law due to illiteracy and poverty. These are the two main factors which creates a gulf between the poor and the court.

The importance of legal aid can be described in various points. Such as:

Establishing rule of Law, this is the fundamental principle of a democracy. If the rule of law does not prevail in a society, the order and equipoise cannot be preserved and promoted in it.
Maintaining equality before law, an integral part of the rule of law, cannot be achieved.
Legal aid is an important provision in the judicial administration, pulling up the weak and the meek to stand equal before the strong and a resourceful adversary.
Legal aid is a platform for the unequal in a society, facing litigation, to make them look of “equal-size” as that of the long-statured opposing party.

Access to justice is a fundamental human right, yet it remains elusive for many individuals, particularly those from marginalized and economically disadvantage backgrounds. In Bangladesh, where socio-economic disparities are prevalent, the provision of legal aid plays a crucial role in ensuring that all citizens can exercise their rights and receive fair treatment within the legal system.

The history of legal aid is as old as the practice of law because throughout the history, lawyers have advised and represented poor people without charge. Eight hundred years old clarion call of Magna Carta- “To no one will we sell, to no one will we refuse or delay the right to justice” very pertinently embodied

Legal aid and international human rights

Legal aid is recognized as right under various international human rights documents. Under article 7 of the Universal Declaration of Human Rights (UDHR), 1948 “all are equal before the law and are entitled without any discrimination to equal protection of the law”. International Covenant on Civil and Political Rights (ICCPR), 1966 set out specific obligations of states to provide state-funded counsel for indigent persons. Article 14(3) (d) of the ICCPR requires that an accused offender is entitled “and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it”.

In line with the international commitment to the principle of equality of justice, it has been pledged in the preamble of the Constitution of the People’s Republic of Bangladesh that one of the fundamental aims of the state is to realize a society in which equality of justice will be secured for all citizens. Constitution guarantees ‘equality before law’, ‘equal protection of law’, ‘rule of law’ as fundamental rights and also incorporated principle of ‘equality of opportunity’, ‘emancipation of people from exploitation’ as fundamental principles of state policy. Unless legal aid could be claimed as of right it cannot be said that equality before law has been achieved.

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.

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 endeavor to ensure equality of opportunity to all citizens.

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….”

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.

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”. 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.

Access to justice is a fundamental human right, yet it remains elusive for many individuals, particularly those from marginalized and economically disadvantaged backgrounds. In Bangladesh, where socio-economic disparities are prevalent, the provision of legal aid plays a crucial role in ensuring that all citizens can exercise their rights and receive fair treatment within the legal system.

Prior to the enactment of the Legal Aid Act in 2000, access to justice in Bangladesh was largely limited to those who could afford legal services. The legal system was inaccessible to many, particularly the poor, marginalized communities, and women. This led to a significant imbalance in the justice system, where individuals with means could navigate legal proceedings effectively, while others were left vulnerable to injustice and exploitation.

The legal framework of state-offered legal aid program was institutionalized with enacting the Legal Aid Services Act, 2000 and Legal Aid Services Regulation, 2001 by setting up the National Legal Aid Service Organization (NLASO) under the Ministry of Law, Justice and Parliamentary Affairs and initiating Court-Annexed Legal Aid Service in every district.

The NLASO is a statutory body headed by an officer in the rank of District Judge as the Director and having its head office at Dhaka. The general direction and administration of the affairs and functions of the NLASO is vested in a National Board of Management. There are 64 District Legal Aid Committee functioning under the NLASO to maintain legal aid fund allocated by the government which is spent for poor litigants upon their applications. Upazila & Union Legal Aid Committees were formed under a Regulation of 2011, with the main function of collecting and receiving application for legal aid and sending thereof to the District Committees.

Establishment of Legal Aid Committees: The Act provides for the establishment of legal aid committees at the national, district, and upazila (sub-district) levels. These committees are responsible for coordinating and implementing legal aid programs and services.

Criteria for Eligibility: The Act defines the criteria for eligibility for legal aid, taking into account the financial status of the applicant and the nature of the case. Priority is given to individuals who are unable to afford legal representation.

Appointment of Legal Aid Officers: The Act authorizes the government to appoint legal aid officers who are responsible for providing legal aid services to eligible individuals. These officers may be lawyers or other legal professionals appointed by the government.

Application Procedure for Legal Aid

All applications for getting legal aid must be submitted to the National Board of Legal Aid or in appropriate cases to the District Legal Aid Committee. If an application is rejected by the District Committee and the person feels aggrieved by that decision, than the applicant may prefer an appeal to the National Legal Aid Board within 60 days of the pronouncement of the decision of the District Committee.

Legal Aid Rules, 2000 provides for how to make an applicant for Legal Aid. The candidate shall apply, along with his Full name & address and the underlying causes for his applicant, in a white paper. If the applicant is made for legal aid for any matter in the Supreme Court, it is to be submitted to the Chairman of the organization, on the other hand, if it is for legal aid in any contract, it is to be made to the chairman of the chairman of the Committee.

The application accepted by the committee is considered in its next meeting. If it is not possible for the committee to take decision based on the submitted information, then the committee may require for further information, and once any application considered to have been accepted, the applicant litigant shall be informed in the prescribed manner.

Legal aid should not be considered as charity; it should be provided in a right based approach to the poor, destitute, deprived, marginalized and backward sections of the people. It is reality that providing state sponsored legal aid is connected with the question of the burden on the public exchequer, but a sincere effort should be made to implement the Constitutional principles. Unless this can be done, for the vast majority of the people of the country the principle of rule of law and fundamental fairness grafted in the Constitution will have no mean

Poverty, illiteracy, lack of knowledge keeps the indigent people illiterate and want has kept them subjugated and ignorant of the basic human rights and amenities. Poor litigants are unable to reach the doorsteps of the justice system as it is expensive and time consuming, often leaving them to silently bear the agonies of injustice.

Conclusion

The government is committed to ensure access to justice for the poor and indigent people. NLASO has been successful in bringing about a revolutionary change within a few years in providing legal services, especially to the poor and vulnerable. Importance of legal aid has a huge positive effect in society to establish the rule of law. And this can be ensured only by way of effective provisions of legal aid in all societies; developed, developing or the under developed. A greater collaboration between government and NGOs may ensure a better utilization of the legal aid provisions.

Moreover, litigant public & cross section of people need to be involved in various Alternative Dispute Resolution activities where they will be exposed to real life situations and sensitized to the rights of the marginalized sections of the community to ensure the natural justice and a welfare judicial system. In a recent statistical report it is found that Legal Aid Services have been provided to 1, 195, 075 Litigants at government expense until March 2025 Under The National Legal Aid Services Organization . This service is provided through the Supreme Court Legal Aid Office, 64 District Office of the Country, Dhaka & Chattogram workers’ Legal Aid Cells, and the National Helpline Call Centre (Toll-Free-16430) under the government Legal Aid.