If justice is not made accessible
in the society the whole administration become worthless. Access means freedom
of approach or it can be said with is affordable to everyone. The term access
to justice means having power to get justice what is every man’s due.
Bangladesh is an over populated
country where the organs of this state are not well separated in practice. In this
globalized society to established justice is mandatory. Plato discussed that equity is a
vital component supplementary to the defective speculation of lawful tenets.
The Constitution of the People’s Republic
of Bangladesh, 1972 has hypothetically guaranteed access to equity, reasonable
trial, govern of law, basic rights, human rights, and fairness under the steady
gaze of the law1.
Be that as it may, no measure of
the sacred security of these high beliefs can enable a poor national of a
nation to like our own to ensure his rights and freedoms unless there is
somebody to remain close by to give lawful guide.
“Access to justice” has
become progressively to the fore in the most recent decades, winding up in
fact, the leitmotiv of the current rush of legal changes everywhere throughout
the world. Such an idea is generally connected with human rights: “access
to equity is a fundamental human right. “Access to justice ” alludes
to one side of a person to look for (both considerably and procedurally) a fair
cure inside the legal framework. There are solid connections between setting up
fair administration, lessening destitution and securing equity. Majority rule
administration is undermined where access to equity for all subjects
(independent of sexual orientation, race, religion, age, class or belief) is
truant. Absence of access as far as possible the viability of neediness
diminishment and equitable administration programs by undermining cooperation,
straightforwardness and responsibility.
Inside the equity organization
talk, access to court identifies with effectiveness to discover the courthouse
and particular workplaces or courts inside it, opening hours, the nearness of
physical and dialect hindrances, consideration of the faculty to the court
client needs, accessibility of structures to be filled.
Nations Development Program (UNDP) noted on “Access to
Justice” recognizes various obstructions to access to equity2. From
the client’s viewpoint, the equity framework is much of the time debilitated by:
1. Long postponements procedure;
restrictive expenses of utilizing the framework; absence of accessible and
reasonable legitimate portrayal, that is solid and has respectability;
manhandle of expert and forces, bringing about unlawful pursuits, seizures,
confinement and detainment; and frail requirement of laws and execution of
requests and declarations.
2. Extreme restrictions in
existing cures gave either by law or by and by. Most legitimate frameworks
neglect to give cures that are preventive, convenient, non-prejudicial,
sufficient, just and obstacle.
3. Sexual or gender biasness and
different hindrances in the law and legitimate frameworks: insufficiencies in
existing laws successfully neglect to ensure ladies, kids, poor and other
hindered individuals, incorporating those with inabilities and low levels of
4. Absence of true assurance,
particularly for ladies, kids, and men in detainment facilities or focuses of
5. Absence of satisfactory data
about what should exist under the law, what wins practically speaking, and
constrained well known learning of rights.
6. Absence of sufficient lawful
7. Restricted open interest in
8. Countless number of laws.
9. Costly and lengthy formalistic
lawful techniques in both criminal and common suit and as well as in managerial
10. Evasion of the lawful
framework because of financial reasons, fear, or a feeling of worthlessness of
1 The Constitution of the People’s Republic
of Bangladesh, 1972
2 The United Nations Development
Program (2004), Access to Justice: Practice Note.
M (2011) Electronic Access to Justice: From Theory to Practice and Back. Droit
et Cultures 61: 71-117.