Empowering citizens through legal awareness
Tuesday, 15 December 2009
Barrister Arafat Hosen Khan
Barrister Arafat Hosen KhanThe justice system of Bangladesh is, in principle and theory, quite similar to the English justice system. But, in reality, the state of affairs of the law and order in our country is nowhere near that of England. There are many reasons which make our justice system less effective than that of England. Although we have a court structure very similar to that of the United Kingdom, our court authority and court officials are disorganised and outdated. That makes our justice system less efficient. When we have raised the slogan of digital Bangladesh, our justice system is still fully dependent on analog arrangements. Corruption is rampant at all levels of our justice system. This is primarily because of lack of legal knowledge or awareness among the public. We find lawlessness and human rights violations everywhere and the common reason for this state of affairs is the low legal and civil awareness among the public.
It is a fundamental requisite of the rule of law that the law should be made known. The individual must be able to know about his legal rights and obligations. The need to raise awareness about individual rights and the processes that can be used to give effect to them is obviously a vital challenge for the future.
The key concept of having a good and effective justice system is "a fair go for all." All people, irrespective of their sexual, religious, ethnic, cultural, social and any other background, are entitled to be treated equally before the law. This is a fundamental principle and a fundamental foundation for fairness. Access to justice means that, in order for people to have "a fair go," the justice system must be accessible to all and it must lead to results that are individually and socially just.
Promoting access to justice is fundamental to the rule of law, good governance, democracy and observance of human rights. Educating people about their legal and human rights is also fundamental in promoting access to justice. If people do not know about their rights and cannot exercise them, the fact that the constitution and other laws have enshrined them is of very little practical impact. Rights as enunciated in the law books and in the court cases should be real in the lives of all Bangladeshis.
The awareness of the people about their legal rights and obligations or empowering the people through legal awareness is basically a range of activities and initiatives that improve people's lives and empower communities. Better legal knowledge helps to prevent problems, gets people to act early to stop problems escalating and assists people to manage the issues that do come up, including knowing when to get advice.
The law affects people of all ages -- whether as employees, consumers and borrowers, tax payers, motorists, parents or children, tenants or simply as citizens. In an increasingly complex and diverse society, the law provides rules based on certain shared values. But few would disagree that the law is very complex -- and is changing all the time. As a result, many people are either unaware of, or struggle to understand, their legal rights and obligations. This is not made any easier by myths and misunderstandings about the law and its processes. These often run deep and are not effectively encountered by those who are -- or should be -- better informed. The government should take initiative to promote public legal awareness. The media have a particular responsibility to present legal issues accurately; this is especially important in television and radio drama programmes.
Public legal awareness is a right. There is an urgent need to actively promote public awareness and knowledge of legal issues, to help the people overcome the difficulties that they may experience dealing with the law in their daily lives.
Making aware about the civil law is important to give people the knowledge and skills that they need to manage their affairs, to allow them to avoid legal disputes in their transactions with others -- or to deal with disputes appropriately if they cannot be avoided. Equipping people with information about the criminal and civil law gives them the opportunity of better complying with their obligations as citizens instead of transgressing the law out of ignorance. Put simply, prevention is better than cure.
If people cannot avoid legal disputes, they are considerably helped by having a basic understanding of their problem and some knowledge of how courts and tribunals work -- and the alternatives to using them. Helping individuals to be more efficient users of the justice system is clearly in the wider public interest.
A very significant reason to promote legal awareness is that unscrupulous court clerks, court officials and lawyers, in some cases, may try to take advantage of the client's lack of legal knowledge.
There is also a strong argument that, if community members have an understanding of legal rights and responsibilities, this contributes to active citizenship and social cohesion -- and helps strengthen civil society. Civil renewal and community capacity depend to some extent on having strong community organisations; these organisations, in turn, need to understand their position as employers or charities in their legal dealings with third parties.
Moreover, a healthy democracy needs citizens with an understanding of the law -- the citizens who have a practical knowledge about how to defend and uphold rights. Greater legal confidence helps to build a more stable society leading to improved social and economic well-being. Public legal awareness has a pivotal role to play in making this happen. It can also increase public confidence in the rule of law and create safe and cohesive communities. It develops legal capability by improving the skills needed to anticipate and avoid problems. Public legal awareness is more than just imparting knowledge about the law; it is also about improving skills, self-confidence and determination.
Public legal awareness provides people with awareness, knowledge and understanding of rights and legal issues, together with the confidence and skills they need to deal with disputes and gain access to justice.
Equally important, public legal awareness helps people recognise when they may need support, what sort of advice is available, and how to go about getting it. Public legal awareness has a further key role in helping citizens to better understand everyday life issues, making better decisions and anticipating and avoiding problems.
The writer can be reached at email: barrister.arafat.h.khan@gmail.com
Barrister Arafat Hosen KhanThe justice system of Bangladesh is, in principle and theory, quite similar to the English justice system. But, in reality, the state of affairs of the law and order in our country is nowhere near that of England. There are many reasons which make our justice system less effective than that of England. Although we have a court structure very similar to that of the United Kingdom, our court authority and court officials are disorganised and outdated. That makes our justice system less efficient. When we have raised the slogan of digital Bangladesh, our justice system is still fully dependent on analog arrangements. Corruption is rampant at all levels of our justice system. This is primarily because of lack of legal knowledge or awareness among the public. We find lawlessness and human rights violations everywhere and the common reason for this state of affairs is the low legal and civil awareness among the public.
It is a fundamental requisite of the rule of law that the law should be made known. The individual must be able to know about his legal rights and obligations. The need to raise awareness about individual rights and the processes that can be used to give effect to them is obviously a vital challenge for the future.
The key concept of having a good and effective justice system is "a fair go for all." All people, irrespective of their sexual, religious, ethnic, cultural, social and any other background, are entitled to be treated equally before the law. This is a fundamental principle and a fundamental foundation for fairness. Access to justice means that, in order for people to have "a fair go," the justice system must be accessible to all and it must lead to results that are individually and socially just.
Promoting access to justice is fundamental to the rule of law, good governance, democracy and observance of human rights. Educating people about their legal and human rights is also fundamental in promoting access to justice. If people do not know about their rights and cannot exercise them, the fact that the constitution and other laws have enshrined them is of very little practical impact. Rights as enunciated in the law books and in the court cases should be real in the lives of all Bangladeshis.
The awareness of the people about their legal rights and obligations or empowering the people through legal awareness is basically a range of activities and initiatives that improve people's lives and empower communities. Better legal knowledge helps to prevent problems, gets people to act early to stop problems escalating and assists people to manage the issues that do come up, including knowing when to get advice.
The law affects people of all ages -- whether as employees, consumers and borrowers, tax payers, motorists, parents or children, tenants or simply as citizens. In an increasingly complex and diverse society, the law provides rules based on certain shared values. But few would disagree that the law is very complex -- and is changing all the time. As a result, many people are either unaware of, or struggle to understand, their legal rights and obligations. This is not made any easier by myths and misunderstandings about the law and its processes. These often run deep and are not effectively encountered by those who are -- or should be -- better informed. The government should take initiative to promote public legal awareness. The media have a particular responsibility to present legal issues accurately; this is especially important in television and radio drama programmes.
Public legal awareness is a right. There is an urgent need to actively promote public awareness and knowledge of legal issues, to help the people overcome the difficulties that they may experience dealing with the law in their daily lives.
Making aware about the civil law is important to give people the knowledge and skills that they need to manage their affairs, to allow them to avoid legal disputes in their transactions with others -- or to deal with disputes appropriately if they cannot be avoided. Equipping people with information about the criminal and civil law gives them the opportunity of better complying with their obligations as citizens instead of transgressing the law out of ignorance. Put simply, prevention is better than cure.
If people cannot avoid legal disputes, they are considerably helped by having a basic understanding of their problem and some knowledge of how courts and tribunals work -- and the alternatives to using them. Helping individuals to be more efficient users of the justice system is clearly in the wider public interest.
A very significant reason to promote legal awareness is that unscrupulous court clerks, court officials and lawyers, in some cases, may try to take advantage of the client's lack of legal knowledge.
There is also a strong argument that, if community members have an understanding of legal rights and responsibilities, this contributes to active citizenship and social cohesion -- and helps strengthen civil society. Civil renewal and community capacity depend to some extent on having strong community organisations; these organisations, in turn, need to understand their position as employers or charities in their legal dealings with third parties.
Moreover, a healthy democracy needs citizens with an understanding of the law -- the citizens who have a practical knowledge about how to defend and uphold rights. Greater legal confidence helps to build a more stable society leading to improved social and economic well-being. Public legal awareness has a pivotal role to play in making this happen. It can also increase public confidence in the rule of law and create safe and cohesive communities. It develops legal capability by improving the skills needed to anticipate and avoid problems. Public legal awareness is more than just imparting knowledge about the law; it is also about improving skills, self-confidence and determination.
Public legal awareness provides people with awareness, knowledge and understanding of rights and legal issues, together with the confidence and skills they need to deal with disputes and gain access to justice.
Equally important, public legal awareness helps people recognise when they may need support, what sort of advice is available, and how to go about getting it. Public legal awareness has a further key role in helping citizens to better understand everyday life issues, making better decisions and anticipating and avoiding problems.
The writer can be reached at email: barrister.arafat.h.khan@gmail.com