The need for legal aid is felt in criminal matters rather than in life; A person`s property and personal freedom are inextricably linked to it. In criminal matters, article 340 of the Code of Criminal Procedure of 1898 stipulates that an accused must be defended by a lawyer and that he must pay the fees and nothing more. In a commentary on Article 340(1) of the Code of Criminal Procedure of 1898, the Supreme Court of India noted that the right conferred by Article 340(1) does not extend to the right of an accused person to obtain a lawyer from the State, the police or the judge. It is a privilege granted to him, and it is his duty to look for a lawyer if he wants to hire one, and to hire one himself or to ask his relatives to hire one for him. The only mandatory costs for the magistrate are to give him the necessary opportunity.31 The Bangladesh Legal Aid Services Trust has national networks of lawyers and currently provides legal aid and mediation services in eighteen districts and five legal advice clinics.63 [18] The term “legal aid” refers to a broad meaning and includes advice, payment of attorneys` fees and other incidental costs for litigation costs.7 The general meaning of the term “legal aid” is legal aid, social security, social regulation, the extension and provision of support or special assistance to the poorest and weakest members so that they can assert their legal rights through proceedings. The BLAST model for the granting of legal aid has proven to be very effective. It combines the use of paid staff and private lawyers who essentially volunteer for a modest scholarship that does not cover much more than their expenses. In choosing this approach, BLAST used services for the poor whose market value far exceeds their costs.66 The recently completed forensic audit generated a significant amount of data from the entire criminal justice system in Bangladesh. Thanks to these data, it can now be demonstrated that the provision of legal aid from the earliest stages of criminal proceedings will contribute significantly to reducing the constant prison overcrowding in the country`s prisons.
In addition, ADR beneficiary parties withdrew 243 cases pending in court with mutual consent. In the same fiscal year, the Legal Aid Cell of the Dhaka and Chittagong Labour Court provides legal advice to 3429 defenceless workers, provides legal assistance in 412 labour cases and undertakes 535 mediation initiatives between workers and the owner`s parties. Make local judicial systems more effective, improve people`s access to the formal justice system, institutionalize and modernize the traditional mediation system, contribute to the establishment of the rule of law and the culture of human rights in Bangladesh by raising awareness, advocating for legal reform and reform of the legal system to make it more systematic, Dynamic and acceptable are the objectives of MLLA. The complainant Salma Begum, who was appointed permanent principal operator, worked satisfactorily with Jeacon Garments Ltd. from 06.05.2001 to 14.12.06. She applied for maternity leave and the benefits to which she is entitled under labour law, subject to a medical certificate to be presented to the management of the other party within 8 months of her period of pregnancy. On this basis, the Authority refused to signify its form with false allegations, which is illegal. Subsequently, the plaintiff turned to the other party`s management and demanded her arrears and maternity benefits, but the authority did not pay attention. The complainant then found no alternative and turned to BLAST for legal aid. The people are the true owners of the State, and the persons acting in the service of the republic are none other than the servants of the people. It is the duty of the State to eliminate exploitation and to guarantee the rule of law, fundamental human rights, equality and access to justice for citizens.
However, these cannot be insured by keeping a significant part of the population below the poverty line. Legal aid is a proven process that can eliminate the exploitation of the poor and ensure the rule of law, equality and justice for all citizens of the State. As the owner of the state, it is a right of the poor to receive legal assistance, not a pardon or charity from the government. The State is obliged to guarantee fundamental human rights and access to justice for all citizens. The Constitution of the People`s Republic of Bangladesh, the supreme law of the State, is the unprecedented basis for the provision of legal assistance. It may not be possible to provide legal assistance to people in need, who are vulnerable and disadvantaged only through the enactment of laws, but it can be ensured by improving and implementing existing legislation. Public awareness is one of the most important mechanisms through which the general public becomes aware of their rights to equality before the law and access to justice. To ensure access to justice and human rights, governmental and non-governmental organizations must work together to raise public awareness and provide legal assistance. Legal aid should not be considered outside the legal system. This is neither a sense of usefulness nor a utopian project and must be seen as a normal function of the judicial system.39[9]The main features of the Legal Aid Act 2000 have been discussed as follows: [xiii] The maximum period during which a person may be remanded in custody is 15 days (§ 167 of the Code of Criminal Procedure). In other words, even if someone could not request a deposit at the first appearance, there are new opportunities to do so at least every 15 days.
A request for filing can also be made at any time between scheduled performances. The challenge for the legal aid system is to identify people who need a lawyer so that bail applications can be filed earlier. There are some obstacles arising from the shortcomings of the Legal Aid Act in order to put the legal aid system into practice. By focusing on these obstacles, the real situation in the provision of legal assistance in Bangladesh could be practically realized, and it will then be easy to find solutions to overcome the situation. In 2016, Farzana Akter of the University of Dhaka published an article in the Asian Journal of Criminology in which she described the Bangladeshi state`s legal obligations to provide legal aid from the earliest stages of criminal proceedings. [1] Amena returned to her parents` home. She first came to Ain o Salish Kendra (ASK) in November 1997 to seek legal assistance to recover dowry and alimony. ASK`s lawyer received the case and, after ASK was unable to resolve the dispute through medication and negotiations, the Litigation Unit filed an application on September 13.
In January 1998, she filed a complaint with the Dhaka Court of Sixty Associate Judges, in which she applied for dowry and alimony on behalf of Amena. Meanwhile, Faruque sent a divorce letter to Amena, which came as a shock to her. All applications for legal aid must be submitted to the National Legal Aid Board or, where applicable, to the District Legal Aid Committee. If an application is rejected by the district committee and the person feels aggrieved by this decision, the applicant may file a complaint with the National Legal Aid Council within 60 days of the announcement of the decision of the district committee.54 The granting of legal aid is provided for in the Code of Civil Procedure of 1908 for those who bring actions against the poor. In civil matters, article 33 of the CCP deals with the action of the “poor”. The Conscious Law Dictionary says that a poor person is a poor person, especially one who is so destitute that he depends on charity for maintenance or on a person supported by certain public regulations; a country so poor that it must be supported at the expense of the State.