Legal AidAssisting economical challenged people on a suit or an offence

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Submitted byName: M.M Sanowar Hossen

Batch: 6th ID: 140114016

Depatrment Of LAWZ.H Sikder University of Science and Tehnology

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Contento 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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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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“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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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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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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Constitution of Legal Aid

The Legal Aid Organization, Committee & Board have constituted under this provision of Legal Aid Act, 2000;1. National Management Board2. District Committee3. National Legal Aid Organization

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National Management BoardIn 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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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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District CommitteeSection 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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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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Function of Legal AidNational 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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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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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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Fees for Legal Aid ServiceI. 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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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.

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

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Any Question?