Reviewing The Views
Access to justice: A simple explanation
Md. Zahidul Islam
The literal meaning of 'access to justice' is 'the scope or opportunity for seeking justice'. In this sense, there is 'access to justice' in almost all the countries where there exists a legal system or justice system. But what does the expression 'access to justice' actually mean? Before proceeding further please notice the following two examples.
a. Mohammad Ali is a poor cultivator living in a remote village. He possesses only two acres of cultivable land situated beside acres of land of a influential village landlord or Zamindar. Recently this Zamindar has taken a plan to make a big farm on this land. But the land the Zamindar possesses seems inadequate. So he Mohammad Ali's land. Consequently, he proposes to buy Mohammad Ali's land. This land is the sole property of Ali, so he refuses to sale it. Now, finally, the Zamindar is forcing Ali to sale his land. Mohammad Ali wants to protect his property. He knows that there are court, Judge, law, lawyers to help him. But he does not know where to go, how much money he needs to spend for a remedy, whether he can afford a suit. He does not have money enough to engage a good lawyer. Now there is only a vacant look in his eyes. He finds no one to stand by him.
b. Akhi is a fourteen years old beautiful girl passing her dreamy adolescence. A meritorious student of class nine, Akhi is the eyeball of her parents. Her teachers in the school are very much hopeful about Akhi that she will give a good name to the school by securing an excellent result. Akhi is also studying a lot and trying to make their dream come true. One day on the way to her school some Selim, a vagabond son of the Union Chairman, stops her, tries to imply something, and finally offers love to Akhi. Not surprisingly, Akhi refuses to accept the offer. Selim awaits several weeks for a response. Having no response from Akhi, he becomes revengeful. One afternoon on the way back form school Akhi is encountered by Selim. Before understanding anything, Akhi sees Selim throwing something liquid (acid) on her. Whole face of Alkhi gets burnt and the beautiful Akhi turns the ugliest!
Akhi's father, a little shop-owner Abdul Alim, knows clearly that it is a crime, there is law to curb these crimes, there is court to provide justice. But he does not know what he can do. The Chairman is threatening not to file any case. Experiencing her dear daughter's fate, he is now like a mad mans.
In the meantime some one advised him to go to thana to file a case. He goes to the thana accordingly, but to his great surprise, he experiences the thana refusing to take the case. He comes back home with an ocean of frustration.
In the examples, can we say that these poor helpless people do have access to justice? The answer will be somewhere between yes and no. In fact, it is not possible to answer the question by clear-cut yes or no. Because, the concept 'access to justice' does not mean merely 'the scope or opportunity for seeking justice'. In other words, access to justice does not involve only legal system, courts, other legal procedures and forums to seek redress. In fact, if the access is entangled in constraints like harassment, unfairness, threat, formidable cost etc., the access cannot be told true access. Likewise, if the opportunity or scope for seeking justice becomes inaccessible to poor and common public, it cannot be said 'access to justice'. Hence, 'access to justice' connotes the true and actual access to justice which is curative, cost-effective, corrective as well as remedial for all types of people, rich or poor, elite or common.
Unfortunately, access to justice in this true sense is very rare in most of the countries of the world, especially in the countries of third world. That is why this has become a topic being discussed widely. But why is this so important a topic to be discussed? What is the problem with 'no access to justice'?
The answer is simple. Access to justice remains in the climax of all human development. And the ultimate aim of all human social endeavours and initiatives is to ensure true access to justice.
Ensuring access to justice
Undoubtedly, the existence of an efficient justice system is in the core to ensure access to justice. However, access to justice is no less importantly linked with the rule of law, poverty eradication or human rights . Rather, rule of law, poverty reduction and protection of human rights are the fundamental factors in this respect. This is because if rule of law is not ensured, poverty is not reduced, human rights are not respected, it is impossible to ensure true access to justice.
If you take the case of Bangladesh as an example, you will see it does have a nice court system, a large scale of legislation dealing with almost all matters; but access to justice seems not only insufficient but also very poor in the country. And unfortunately, in some cases there seems no access to justice. The reasons are obvious. Given the allegation of widespread corruption in judiciary, administration and politics, the significant factor is that Bangladesh is a developing country where the vast majority of its population live in abject poverty. The usual expenses incurred in litigation are far beyond the reach of the mass population. Many petitions fail mid-way for non-prosecution because the petitioner is simply unable to afford to continue the action. While on the one hand there is limited scope for state-funded legal aid, on the other hand there are only a small number of non-governmental organisations who are actively involved in providing such legal aid and services. Again insecurity of the person also limits opportunities to obtain effective remedies through courts. Illiteracy and lack of awareness is another root social cause. Vast majority of the population is still illiterate, while the limited literate population are unable to comprehend the provisions of law described in complicated language. Hence, so long these causes are correctly detected and rooted out, ensuring true access to justice will be a dream.
Improving access to justice
Needless to say that ensuring access to justice is the toughest job for any nation. It requires thoughtful initiatives, strong commitment, effective actions and above all a lot of time.
However, improving access to justice involves a total process of
- Reforming justice sector;
- Simplifying and streamlining legal system;
- Strengthening national public defence system and improving legal aid for the poor;
- Providing legal information for judges, lawyers, prosecutors and public defenders;
- Increasing the availability of legal information to the public;
- Promoting alternative dispute resolution techniques and reforming informal mechanisms;
- Strengthening the active participation of civil society in justice sector reform;
- Promoting international human rights instruments;
- Integrating human rights with development programming;
- Reducing institutional and cultural barriers etc.
Consequently, access to justice relates not only courts, judge, legal process, but also government and administration, political leaders, influential local leaders, social activists, development organisations etc.
In this sense, all the development organisations, legal organisations, human rights organisations, who are working for poverty reduction, upholding human rights, empowerment of poor etc., are working to ensure the access to justice. As earnest they will be in their activities, as expeditious the access to justice will be.
Photo:AFP
The author is a legal researcher.
