Chapter 2

Literature Review

Introduction

Access to justice is a fundamental pillar of a fair and equitable society, ensuring that all
individuals, regardless of their socio-economic status, have the opportunity to seek legal recourse
and protection under the law. In Bangladesh, where the legal landscape is complex and often
inaccessible to the marginalized, understanding the dynamics of justice-seeking behavior and the
effectiveness of legal aid programs is crucial. This paper delves into the multifaceted realm of
justice-seeking behavior across formal and informal institutions in Bangladesh, examining the
reasons behind such behavior and the role of various stakeholders in facilitating access to justice.
By analyzing the advantages and disadvantages of different justice-providing institutions,
including the legal aid program of BRAC, this study aims to shed light on the challenges and
opportunities in ensuring effective access to justice for all citizens. Furthermore, the paper
explores the impact of socio-cultural factors on individuals' access to justice and evaluates the
effectiveness of the Village Court system in addressing rural communities' legal needs. Through
a comprehensive analytical framework encompassing independent variables such as government
funding and NGO involvement, as well as dependent variables like access to legal aid and public
perception, this study seeks to provide valuable insights for policymakers, practitioners, and
stakeholders working towards enhancing access to justice and promoting human rights in
Bangladesh.

Conceptual Framework

A basic human right that is necessary to advance equality, justice, and the rule of law in society is
access to justice. Due to issues like poverty, ignorance, and structural injustices, underprivileged
communities frequently encounter major obstacles while attempting to obtain legal services in
nations like Bangladesh, where socioeconomic inequality is pervasive. Non-governmental
organizations (NGOs) have played a crucial role in addressing this problem by offering legal
assistance programs designed to close the gap that exists between the court system and
underprivileged populations. With an emphasis on the function of non-governmental
organizations (NGOs), this conceptual framework seeks to investigate how legal aid initiatives
affect improving access to justice in Bangladesh.

1. Legal Empowerment

Legal empowerment is a central concept in understanding the impact of legal aid programs on
access to justice. It refers to the process of providing marginalized individuals with the
knowledge, skills, and resources necessary to understand and assert their legal rights effectively.
Legal aid programs offered by NGOs in Bangladesh play a crucial role in empowering
disadvantaged communities by providing them with information about their rights and legal
remedies. Through legal education workshops, community outreach programs, and provision of
legal advice, NGOs help individuals navigate the complexities of the justice system and address
legal issues that affect their lives (Akter, 2017).

2. Provision of Legal Assistance

The provision of legal assistance is another essential dimension of legal aid programs' impact on
access to justice. NGOs in Bangladesh offer a range of legal services, including legal advice,
representation in court, mediation, and alternative dispute resolution mechanisms. These services
are tailored to meet the specific needs of marginalized communities, including women, children,
persons with disabilities, and ethnic minorities. By providing free or low-cost legal assistance,
NGOs ensure that individuals who cannot afford private legal representation still have access to
justice and can seek redressal for their grievances (Rahman, 2018).

3. Capacity Building

Capacity building is a critical component of legal aid programs aimed at enhancing access to
justice. NGOs in Bangladesh not only provide direct legal assistance to individuals but also focus
on building the capacity of local communities, paralegals, and grassroots organizations to
advocate for their rights and address legal issues independently. Capacity-building initiatives
may include training sessions on legal rights and procedures, workshops on advocacy and
community organizing, and support for the establishment of community-based legal aid clinics.
By strengthening the capacity of local actors, NGOs contribute to the sustainability and
effectiveness of legal aid interventions in the long run (Nurmohammad & Haque, 2021).

4. Systemic Change

Legal aid programs implemented by NGOs can also catalyze systemic change within the justice
system by advocating for policy reforms, legal reforms, and institutional improvements. NGOs
in Bangladesh engage in advocacy efforts to address systemic issues such as legal barriers,
discriminatory laws, and gaps in the provision of legal services. Through strategic litigation,
policy research, and lobbying activities, NGOs work towards creating an enabling environment
for access to justice and promoting the rule of law. By addressing structural inequalities and
advocating for systemic reforms, NGOs contribute to creating a more inclusive and responsive
justice system that serves the needs of all citizens (Islam & Ehsan, 2019).

At the end, legal aid programs implemented by NGOs play a crucial role in enhancing access to
justice in Bangladesh by empowering marginalized communities, providing legal assistance,
building capacity, and advocating for systemic change within the justice system. By addressing
barriers to access and promoting legal empowerment, NGOs contribute to creating a more
equitable and inclusive society where all individuals can exercise their rights and access justice.
Anyway, challenges remain in ensuring the sustainability and scalability of legal aid
interventions and addressing emerging legal needs effectively. Future research and policy efforts
should focus on strengthening collaboration between NGOs, government agencies, and other
stakeholders to build a more robust and responsive legal aid system in Bangladesh.

Previous Study

The landscape of legal aid in Bangladesh has been extensively examined in existing literature,
shedding light on government initiatives, NGO contributions, and barriers to accessing justice.
However, amidst this wealth of research, a critical gap emerges regarding the nuanced impact of
socio-cultural factors on marginalized groups' access to legal aid, particularly women.
Understanding these dynamics is essential for developing targeted interventions to address
disparities in legal assistance. (Ahmed Chowdhury & Jamila Ahmed, 2012) suggests channeling
government funds through NGOs to enhance distribution efficiency in this sector. Legal aid
remains elusive in Bangladesh, particularly for women due to insufficient funding from the
government and NGOs. Unpublished data highlights the scarcity, particularly in family cases,
leading to women accepting unfavorable decrees. (Akter, 2017) critiques Bangladesh's
government-funded legal aid system, highlighting deficiencies in legal provisions and
implementation under the Legal Aid Services Act. It questions the government's commitment to
improving conditions for the poor and suggests recommendations to address these shortcomings
and ensure effective access to justice for those in need. Kumar et al.
(Kumar Roy & Discipline, n.d.)
assesses their commitment and progress in ensuring access to justice. NGOs in Bangladesh
support access to justice, aligning with the Constitution and international human rights laws.
They provide aid to marginalized populations and advocate for human rights legislation.
(Maru, 2009)
reviews the World Bank's work in access to justice and suggests future directions. It
categorizes efforts into six areas: court reforms, legal aid, education, alternative dispute
resolution, public sector accountability, and research. It emphasizes considering the agency of
poor people and tailoring interventions to their needs and sociolegal contexts. Legal services
should address scalability and consider alternative delivery methods while maintaining some
independence from the state. Evaluations should measure impact beyond participation numbers,
considering effects on users and society, and weighing opportunity costs. (Mia et al., 2023)
evaluates the effectiveness of Bangladesh's Village Court system in rural justice. Despite
government efforts, obstacles hinder its success, leading to public dissatisfaction.
Recommendations include legal amendments, better oversight, increased resources, and
stakeholder accountability to enhance rural access to justice. (Mian & Rashid, 2014) aims to
identify and address these issues to ensure comprehensive legal aid services through qualitative
and analytical methods. Legal aid is essential in Bangladesh to empower the poor and vulnerable
to access fair justice. Despite existing laws, procedural complexities and weaknesses hinder
effective implementation. (Rahman, 2018) collaborate with the government to uphold rights,
criticisms arise regarding their alignment with donor priorities over grassroots needs. NGOs in
Bangladesh have become pivotal in advocating for human rights post-independence.
(Jahan, 2015)
examines Bangladesh's legal aid system and suggests improvements. Access to justice is
vital for societal development and preventing social violence. However, costly judicial processes
pose challenges, especially for the impoverished in countries like Bangladesh. Legal aid services
aim to address this gap, aligning with constitutional principles of equality before the law.
(Md. Fakhrul Alam, 2020)
evaluates victimized women seeking assistance from the Bangladesh Legal
Aid and Services Trust in Sylhet. Through interviews and case analysis, it reveals the agency's
intervention methods, including mediation and court support. While most service seekers are
satisfied, some cases remain unresolved due to noncooperation. Insights are provided for
policymakers to devise community-based solutions for domestic violence and family issues.
(Abdul et al., 2007) investigates people's pursuit of justice across formal and informal
institutions, assessing reasons and outcomes. It compares different justice providers, emphasizing
the role of BRAC's legal aid program and village elites in enhancing traditional justice
institutions' effectiveness.

Existing literature on legal aid in Bangladesh provides valuable insights into government-funded
programs, NGO involvement, and challenges in accessing justice. However, a notable gap exists
in understanding how socio-cultural factors affect marginalized groups, particularly women, in
accessing legal aid. There is a need for focused research on the specific challenges faced by these
groups and the impact of cultural dynamics on their agency in seeking justice. Additionally,
comprehensive studies are lacking in exploring effective strategies to address these socio-cultural
barriers and improve the accessibility of legal aid for marginalized populations.

Analytical Framework

Independent Variables
 1. Government Funding: Allocation of financial resources by the government for legal aid
programs.
2. NGO Involvement: Engagement of Non-Governmental Organizations in distributing
legal aid and promoting access to justice.
3. Legal Provisions: Adequacy and effectiveness of legal frameworks, including the Legal
Aid Services Act, in facilitating access to justice.
4. NGO Support: Role of NGOs in providing aid, advocacy, and support services to
marginalized populations.
5. Socio-Cultural Factors: Cultural norms and social indicators such as women
empowerment, decision-making autonomy, financial status, and education level.

Dependent Variables

1. Access to Legal Aid: Availability and affordability of legal assistance, particularly for
disadvantaged groups like women.
2. Quality of Legal Services: Effectiveness and fairness of legal aid provided, including
representation in family cases and outcomes of legal proceedings.
3. Public Perception: Perception and satisfaction levels of the general public, especially
marginalized communities, regarding the accessibility and fairness of the justice system.
4. Effectiveness of Village Court System: Efficiency and success of the Village Court
system in providing justice to rural communities, considering factors like legal
awareness, resource availability, and stakeholder accountability.

Analytical Approach

 Assess the relationship between independent variables (government funding, NGO

involvement, legal provisions, NGO support, socio-cultural factors) and dependent
variables (access to legal aid, quality of legal services, public perception, effectiveness of
Village Court system).
 Examine how socio-cultural factors influence access to justice, particularly for women, in
the context of legal aid provision and Village Court operations.
 Explore the impact of legal provisions and NGO support on the effectiveness and
accessibility of justice services.
  Identify gaps and areas for improvement in the legal aid system, considering the
perspectives of both service providers and recipients.
 Consider cultural and social indicators as contextual factors that shape individuals' access
to and experience with the justice system and analyze their interaction with institutional
variables.

Conclusion

In conclusion, the analysis reveals critical insights into the justice-seeking behavior and legal aid
landscape in Bangladesh. Despite efforts by NGOs and the government, access to justice,
especially for women and marginalized populations, remains a challenge due to insufficient
funding and ineffective implementation of legal provisions. The role of NGOs in bridging this
gap and advocating for human rights is notable, but criticisms regarding donor priorities and
alignment persist. The Village Court system, while promising, faces obstacles hindering its
effectiveness and public satisfaction. Recommendations include enhancing government funding,
improving oversight, and addressing socio-cultural factors to ensure equitable access to legal aid
and justice for all. Collaborative efforts between NGOs, government agencies, and local
communities are essential to address these challenges and strengthen the justice system's
effectiveness in Bangladesh.

References

Abdul, M., Tariq, A., & Ali, O. (2007). NGO-shalish and Justice-seeking Behaviour in Rural Bangladesh.

Ahmed Chowdhury, J., & Jamila Ahmed, C. (2012). ) I Res. International Research Journal of Social Sciences,
1(3), 8–14. www.isca.in

Akter, F. (2017). Legal Aid for Ensuring Access to Justice in Bangladesh: A Paradox? Asian Journal of Law
and Society, 4(1), 257–275. https://doi.org/10.1017/ALS.2016.60

Islam, N., & Ehsan, S. M. A. (2019). Civil Society in Bangladesh: How Far Have They Facilitated Good
Governance? https://papers.ssrn.com/abstract=3731808

Jahan, E. (2015). Legal Aid In Bangladesh: Application And Commitment. 4, 1–09. www.ijhssi.org
Kumar Roy, S., & Discipline, L. (n.d.). The Commitment of Non-Governmental Organizations towards
Facilitating Access to Justice in Bangladesh THE COMMITMENT OF NON-GOVERNMENTAL
ORGANIZATIONS TOWARDS FACILITATING ACCESS TO JUSTICE IN BANGLADESH Title:
Alternative Dispute Resolutions and Legal Aid Course Code: LJ 3207. Retrieved February 25, 2024, from
https://www.researchgate.net/publication/370059435

Maru, V. H. (2009). Access to Justice and Legal Empowerment: A Review of World Bank Practice.
https://papers.ssrn.com/abstract=1710121

Md. Fakhrul Alam. (2020). Community-Based Interventions for Vulnerable Women: a Case of Bangladesh
Legal Aid and Services Trust. Global Social Welfare, 7(4), 327–337. https://doi.org/10.1007/S40609-020-
00180-6/TABLES/1

Mia, B., Mannan, S. E., Anil, &, & Shrestha, K. (2023). Assessing the Effectiveness of the Village Court (VC)
System in Promoting Access to Justice: A Case Study of Two Selected Villages in Noakhali, Bangladesh.
Daengku: Journal of Humanities and Social Sciences Innovation, 3(3), 484–493.
https://doi.org/10.35877/454RI.DAENGKU1712

Mian, M. N., & Rashid, M. M. (2014). A Critical Analysis of Legal Aid in Bangladesh. International Journal
of Social Science Research, 2(1). https://doi.org/10.5296/ijssr.v2i1.5268

Nurmohammad, K., & Haque, H. (2021). NGOs, professionalisation and power: Case study of Bangladesh.
https://researchportal.murdoch.edu.au/esploro/outputs/doctoral/NGOs-professionalisation-and-power-
Case-study/991005543579007891

Rahman, Md. A. (2018). Role of NGOs in Protecting and Ensuring Human Rights in Bangladesh. SSRN
Electronic Journal. https://doi.org/10.2139/SSRN.3298261