Legal aid provides legal assistance to economically disadvantaged people for lawsuits or criminal offenses. It aims to ensure equal access to justice for all as stated in the Universal Declaration of Human Rights. Bangladesh established the Legal Aid Act in 2000 to formalize this concept. The Act created the National Legal Aid Organization, National Management Board, and District Committees to administer legal aid services. These organizations determine eligibility, handle applications, and set fees. Funding comes from the government as well as foreign and local donations. The goal of legal aid is to allow all people access to the courts regardless of their ability to pay legal costs.
2. Submitted by
Name: M.M Sanowar Hossen
Batch: 6th
ID: 140114016
Depatrment Of LAW
Z.H Sikder University of Science and Tehnology
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3. Content
o Concept of Legal Aid
o Meaning & Definition of Legal Aid
o Application for Legal Aid
o Constitution Legal Aid
o Function of Legal Aid
o Persons Eligible for Legal Aid
o Fees for Legal Aid Service
o Funds Of the Board
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4. Concept of Legal Aid
The rise of welfare state in the twentieth century has brought
forward with it the concept of Legal Aid for those who cannot
afford the cost of litigation. The modern justice system through
judicial adjudication is very costly both developed &developing
countries and, on the basis of Article 7 of the Universal
Declaration of Human Rights says that
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5. “all are equal before law and are entitled without any
discrimination to equal protection of law” the concept of Legal
Aid is established. The purpose of Legal Aid is to allow every
human being to access the court for justice. In Bangladesh
only fifteen years ago the “Legal Aid Act, 2000” has been
enacted by the government of Peoples Republic of
Bangladesh.
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6. Meaning & Definition of Legal Aid
Meaning: Section 2 (a) of the Legal Aid Act, 2000 specifies that the
term Legal Aid means providing a person who is poor, or financially
helpless or incapable of invoking justice for many socio economic
condition.
Definition: Legal Aid is a public service given by the government to
people who is not able to pay the cost of litigation both inside and
outside of the court.
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7. Application for Legal Aid
Section 16 of the Legal Aid Act, 2000 provides that
(1) Application asking for Legal Aid is to be submitted to either The Board
or District Committee.
(2) If the application is rejected by the Board or District Committee the
Applicant may file an appeal within 60 days to the Board and the
decision of the Board shall regard as final.
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8. Constitution of Legal Aid
The Legal Aid Organization, Committee & Board have constituted under
this provision of Legal Aid Act, 2000;
1. National Management Board
2. District Committee
3. National Legal Aid Organization
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9. National Management Board
In accordance Section 6 of the Legal Aid Act, 2000 the National Management
Board will be constituted as follows:
Minister of law will be the Chairman.
One Government party MP and one opposition party MP nominated by the
Speaker.
Attorney-General of Bangladesh.
Secretary of Ministry of Law, Ministry of Home Affairs, Ministry Social Welfare
and Supreme Court Bar Association.
Inspector General of Police and Prison.
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10. Vice Chairman, Bangladesh Bar Council.
Chairman, Bangladesh Women’s Federation.
Six representatives from any non-government organization and women
organization relating to law and human rights having activities in every
district.
Director who is also the member secretary of the organization.
**The members will appointed for two years term. Government may
remove any of the member without showing any reason.
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11. District Committee
Section 9 of the Legal Aid Act, 2000 provides that the District Committee will be
constituted as follows:
District and Session judge who will be the Chairman of the committee.
District Magistrate or Additional district Magistrate, Police Super or Additional Police
Super, Jail Super, Social Welfare Officer, Social Woman Officer, Social Children
Officer, Social Information Officer.
Chairman of District Committee of National Women’s Federation.
Chairman of District Women Committee.
President of District Lawyer Association.
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12. Government Pleader.
Public Prosecutor in the District,
The judge of the Public Prosecutor of the Woman and Child Repression
Tribunal of the District.
Elected General Secretary of the District Lawyer Association.
Any representative from any District Charitable Society.
Metropolitan Magistrate, Metropolitan Police Commissioner In Metropolitan
City.
**The members will appointed for two years term. Government may remove any
of the member without showing any reason.
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13. Function of Legal Aid
National Management Board: Section 7 of the Legal Aid Act, 2000
provides that the function of Board to provide legal aid to poor litigants
and to supervise the activities and effectiveness of the District
Committee.
District Committee: Section 10 of the Legal Aid Act, 2000 specifies that
the function of District Committee to provide legal aid to poor litigants, to
fix and determine condition of legal aid applications have been accepted
and to adopt and implement projects relating to legal aid in the district.
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14. Persons Eligible for Legal Aid
Rule 2 of the Legal Aid Rule, 2001.
I. Any freedom fighter incapable of earning or whose income is not
more than 6000tk by year.
II. Any person who is receiving old age benefit.
III. Any helpless mother with V.G.D card.
IV. Any woman or children victim of acid throwing or illegal trafficking.
V. Any poor widow or woman deserted by her husband.
VI. Any handicapped person with earning incapability.
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15. VII. Any person who is incapable to defend or protect his right in the
court.
VIII. Any person who is considered poor or financially incapable by the
court or a Jail authority or any organization.
IX. Any person who is arrested under preventive detention law and
financially incapable of defend or protect his rights.
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16. Fees for Legal Aid Service
I. Maximum of Tk 2000 for conducting a case in Supreme Court.
II. Maximum of Tk 1000 for drafting a plaint, memo of appeal and
drafting of a written statement.
III. Maximum of Tk 800 for hearing a civil suit.
IV. Maximum of Tk 600 for preparing an application or written statement
of miscellaneous case.
V. Maximum of Tk 500 for drafting any interlocutory application, any
final hearing of a family matter, argument of criminal case.
VI. Maximum of Tk 200 for any urgent application, Tk100 for time
petition.
VII. To conduct criminal cases the panel lawyers will get paid as like as
an Assistant Public Prosecutor Lawyer in district courts.
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17. Funds Of the Board
Section 13 of the Legal Aid Act, 2000 provides that the fund of the board
will come from the government, foreign donation, local bodies,
organizations or companies etc. However at present Canadian
International Development Agency which is funding Legal Aid program
under the Legal Aid Act, 2000.
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18. Lagislative Text
*The Legal System of Bangladesh By ‘MD. Abdul Halim’
Chapter Thirteen; Legal Aid in Bangladesh. (Page 311-326)
* Internet information from slideshare.com and
assignmentpoint.com