Ensuring access to justice for marginalised people

Access to justice is embedded in the fundamental rights guaranteed by our Constitution. According to our Constitution, every citizen has a right to be treated equally under the law (Article 27) and possesses an inalienable right to legal protection (Article 31). However, justice remains out of reach for millions of underprivileged people living below the poverty line, due to unfortunate circumstances. Legal aid aims to address this disparity, but its effectiveness continues to be an issue of both hope and frustration.

For people with low income, dealing with the legal procedure turns out to be stressful and confusing. The cost of filing a case, hiring a lawyer, visiting court, and lengthy procedural delays often demotivate them from seeking justice. Notably, lack of legal knowledge, social stigma, and anxiety about administrative harassment are the reasons underlying such lack of motivation. Acknowledging these problems, the Bangladesh government enacted the Legal Aid Services Act (LASA) in 2000 and established the National Legal Aid Services Organisation (NLASO).

Through collaboration between government and NGOs, legal aid services can be made easily accessible, well-coordinated, and community responsive. Each entity plays an important role and together, they can ensure more adaptable and accessible ecosystem for accessing justice.

According to section 2 of the LASA, legal aid includes court representation, legal advice, financial support, etc. to ensure justice for disadvantaged people. The objective was to guarantee that no citizen is deprived of access to justice due to financial hardships. Under this commitment, district legal aid offices have been established across 64 districts to serve free legal counseling, representation, and dispute resolution outside traditional courtroom. Complementing these initiatives, several non-governmental organisations also offer legal aid, community mediation, and awareness programmes, frequently focusing on vulnerable sector of the population such as women, children, and various marginalised groups.

Despite having a strong legal and institutional framework, practical challenges still hinder the effectiveness of legal aid services. A substantial segment of the society never seeks such service due to lack of public awareness. Additionally, the process may become frustrating due to delays and bureaucratic hurdles in some districts.

There are geographic inequalities as well. Rural or disaster-prone or affected areas often lack trained staff and strategic initiatives, whereas robust legal aid resources are more accessible in urban areas. As a result, this leads to unequal access to justice, where legal aid varies based on location rather than individual needs.

Legal aid in Bangladesh has achieved significant advancement over the years. According to the report published on the NLASO website, a total of 1,261,650 people has received legal aid at government expense from 2009 to July 2025. To ensure that its benefits reach every segment of the society, a few significant steps could be considered.

Initially, widespread legal awareness initiatives should be taken to empower people to seek justice, especially in rural and low-income communities. The usage of television, the internet, and mobile legal aid clinics may prove effective. Furthermore, a digital application system and online tracking process might enhance clarity and efficiency. And finally, through collaboration between government and NGOs, legal aid services can be made easily accessible, well-coordinated, and community responsive. Each entity plays an important role and together, they can ensure more adaptable and accessible ecosystem for accessing justice.

Legal aid ensures that no individual will be deprived of justice because of financial constraints. In Bangladesh, this commitment has been supported by legislation, institutions, and continuous initiatives from both public and private sectors. Through forward-looking structural reform and continuous involvement, the mechanism of legal aid can be made genuinely beneficial. Justice should not be reserved only for the privileged but should be recognized as an inherent right of each individual.

The writer is law student at the School of Law, BRAC University.