Bangabandhu Sheikh Mujibur Rahman Science and Technology University,

Gopalganj

Assignment
on
Legal Aid system in Bangladesh

Course Title: Alternative Dispute Resolution and Legal Aid

Course Code: LAW 215
Date of submission: 14th November, 2024

Submitted by: Sk. Samiul Haque

Student ID: 21 Law 016
2nd Year 1st Semester
Session: 2021-22

Department of Law
BSMRSTU, Gopalganj
Submitted to: Suraia Jebin

Assistant Professor

Department of Law
BSMRSTU, Gopalganj
 INDEX
Sr. No. Title Page. No.
01 Introduction 01

02 Meaning of Legal Aid 01

03 Historical Background: 02

04 Constitutional basis of Legal Aid in Bangladesh 02-03

05 Other existing Laws on Legal Aid in Bangladesh 03

06 Government Legal Aid services 04

07 Committees works under Government Legal Aid 04

08 Requirements for getting Leal Aid Services freely 04

09 Conclusion 05
Introduction
The Legal Aid System in Bangladesh is a crucial mechanism to ensure access to justice for all,
particularly for those who cannot afford the high costs of legal services. The right to legal aid is
enshrined in the Constitution of Bangladesh, and it is considered an essential part of the country’s
broader commitment to human rights and justice.

Meaning of Legal Aid

Legal aid is the provision of free or affordable legal assistance to individuals who are unable to
afford legal representation and access to the court system.
The Supreme Court of Bangladesh defines “Legal aid means the assistance in the legal matters
both inside and outside the courts to the poor and indigent litigants.”
According to article 02 (a) of the Legal Aid Services Act, 2000,
''legal aid" means to give the litigants who are incapable of seeking justice due to financial
insolvency, destitution, helplessness and for various socio-economic conditions - (i) legal
advice and aid in the cases to be filed, filed or pending before a Court;
(ii) remuneration for the mediator or arbitrator appointed for dissolving a case through mediation or
arbitration in accordance with section 89A and 89B of the Code of Civil Procedure, 1908 Act No.
V of 1908);
(iii) any other assistance along with expenses for a case;
(iv) remuneration for the lawyers at the rate determined by the regulations for the purposes of sub-
section (i) to (iii);
In accordance with the UN Principles and Guidelines, "legal aid" includes legal advice, assistance
and representation for persons detained, arrested or imprisoned, suspected or accused of, or charged
with a criminal offence and for victims and witnesses in the criminal justice process.
In Gideon v. Wainwright (1963), U.S. Supreme Court ruled that states are required to provide legal
aid to indigent defendants in criminal cases to ensure a fair trial.
Legal Aid Activists use the term "legal aid" to mean any or all of the following components:
(i) legal advice; (ii) paralegal; (iii) legal support;
(iv) pro bono;, (v) legal representation; (vi) law clinics
(vii) counseling; (viii) ADR (ix) rehabilitative legal
aid; (x) legal literacy; (xi) judicial activism (xii) legal
empowerment; (xiii) legal information etc.

Page No. : 01
Historical Background:
If we reflect on the definition of legal aid then it can be inferred that the history of legal aid is as old
as the practice of law. In 1179 A.D. the third Lateran Council made an exception on behalf of poor
persons who could not manage their own causes. In the reign of Henry I the rules relating to security
were relaxed. In the reign of Edward I and Henry III, the principle was accepted that the poor
should have their rights for nothing. In the 40th paragraph of the Magna Carta, 1215 it was
declared that, To no one will we sell, to no one will we deny or delay right or justice.
The first traces of the entitlement to be represented by a counsel can be traced to the Prisoner
Counsel Act, 1936.
The earliest legal aid movement appears to be of the year 1851 when some enactment was
introduced in France for providing legal assistance to the indigent. In Britain, the history of the
organised efforts on the part of the State to provide legal services to the poor and needy dates back to
1944, when Lord Chancellor, Viscount Simon appointed Rushcliffe Committee. The Committee
reported in 1945 and described the existing falsities for gratuitous legal aid and advice as "a service
which was at best somewhat patchy and which has become totally inadequate".
On the basis of Rushcliffe Committee Report, the Legal Aid and Advice Act, 1949 was passed.
Then came the Legal Aid Act,1964, then Legal Assistance Act, 1972 and then Legal Aid Act, 1974.
Legal aid issues are dealt by the Legal Aid Act, 1988.

Constitutional basis of Legal Aid in Bangladesh

The constitutional basis for legal aid in Bangladesh is founded on several articles of the Constitution
of the People's Republic of Bangladesh. Following are the constitutional basis of legal aid:
a. Preamble (Fundamental aim of the State):
The third paragraph of the Preamble of the Constitution of People's Republic of Bangladesh
suggests that the state must take proactive measures to ensure that all citizens can access legal
services, regardless of their financial situation.

b. Article 14 (Emancipation of peasants and workers):

It shall be a fundamental responsibility of the State to emancipate the toiling masses the
peasants and workers and backward sections of the people from all forms of exploitation. This
includes providing legal aid to those who cannot afford it.

c. Article 19 ( Equality of opportunity ):

The State shall endeavour to ensure equality of opportunity to all citizens.
Legal aid ensures that all citizens, regardless of their economic status, have an equal opportunity
to access justice. This helps in leveling the playing field, particularly for those who cannot afford
legal services.

Page No. : 02
d. Article 27 (Equality before law):
It guarantees that all citizens are equal before the law and are entitled to equal protection of the
law.

e. Article 31 (Right to protection of law):

Legal aid ensures that this right is meaningful for all citizens, particularly those who lack the
resources to seek legal assistance on their own. Without legal aid, the protection of the law
would be inaccessible to many.

f. Article 32 (Right to life and personal liberty)

Access to legal representation is vital to ensure that any deprivation of liberty is lawful and
justified.

g. Article 33 (Safeguards as to arrest and detention):

This article directly implicates the provision of legal aid, as it guarantees the right to legal
representation for those who are arrested or detained.

h. Article 42 ( Right to protection of property): Every citizen has the right to hold, acquire,
transfer or otherwise dispose of property and no property shall be compulsorily acquired,
nationalised or requisitioned save by the authority of law. Access to legal representation is
crucial to prevent the unlawful deprivation of property.

Other existing Laws on Legal Aid in Bangladesh

 The Code of Criminal Procedure, 1898: Sections 265 and 340

 The Legal Remembrancer's Manual, 1960: Chapter XII
 The Acid Control Act, 2002: Section 8(c)
 The Vagrancy and Shelterless People (Rehabilitations) Act, 2011: Section 19(1)
 The Children Act, 2013: Section 6(b)3
 The Prevention and Suppression of Human Trafficking Act, 2012: Section 34
 The Family Violence (Prevention and Protection) Act, 2010: Sections 4(d) and 6(1)e
 The Legal Aid Services Act, 2000
 The National Legal Aid Services Organisation (Officer-Staff) Employment Regulations, 2010
 The National Legal Aid Services Organisation (Establishment of Upazila and Union Committee,
Duties, Functions, Etc.) Regulations], 2011
 The Legal Aid Principles, 2014
 The Legal Aid Services Regulations, 2015
 The Legal Aid Services (Legal Consultation and Alternative Dispute Resolution) Rules 2015
 The National Legal Aid Services Organisation (Establishment of Chowki Court's Committee,
Duties, Functions, Etc.) Regulations, 2016

Page No. : 03
Government Legal Aid services
The Government provides the following legal aid with free of cost:

i. Providing legal advice;

ii. Supply of vokalatnama with free of cost;
iii. Appointment of lawyers for representing Court cases; iv. Payment of lawyer's fee;
v. Payment of mediator/arbitrator's fee;
vi. Supply of judgment/order with free of cost;
vii. Payment of cost for DNA test;
viii. Payment of paper advertisement cost for CR case;
ix. Payment of all relevant expenses needed for Court cases.
In terms of the Legal Aid Services Act, 2000, National Legal Aid Services Organisation (herein
after NLASO) is established to implement the Government legal aid programme across the country.

Committees works under Government Legal Aid

i. Supreme Court Legal Aid Committee;
ii. District Legal Aid Committee;
iii. Upazila Legal Aid Committee; iv. Union Legal Aid Committee;
v. Labour Court Legal Aid Committee; and
vi. Chowki Adalat Legal Aid Committee.

Requirements for getting Leal Aid Services freely

Following persons are eligible for getting legal aid service freely:

(i) Any person who is financially insolvent (annual average income is below Tk. 1,50,000/-)
in matter of Supreme Court cases;
(ii) Any person who is financially insolvent (annual average income is below Taka
1,00,000/) in matter of District Court cases;
(iii) Any person who is disabled, partially disabled or unemployed;
(iv) Any freedom fighter who is unable to earn Tk. 1,50,000/- annually;
(v) Any worker whose annual income is below Tk. 1,00,000/-;
(vi) Any children;
(vii) Persons victim for trafficking;
(viii) Women and children victim of physical, mental and sexual oppression;
(ix) Person having no shelter or vagabond;
(x) Any individual receiving old age allowance;
(xi) Any distressed mother holding VGD card;
(xii) Women and children victim of acid throwing by the miscreants;
(xiii) Allottee of house or land in model village;
(xiv) An insolvent widow, a woman abandoned by husband and a distressed woman;
(xv) A person considered by the Court as financial helpless as insolvent;

Page No. : 04
 (xvi) A person recommended or considered by the Jail Authority as financially helpless and
insolvent.

Conclusion
The legal aid system in Bangladesh is an essential tool for ensuring access to justice for all citizens,
particularly for those who cannot afford to hire private legal counsel. Despite facing challenges
related to funding, awareness, and quality, the system has made significant strides in empowering
marginalized groups and ensuring that justice is not limited by one’s financial capacity.

Page No. : 05