Mohammad Tajul Islam
Bangabandhu Sheikh Mujibur Rahma wanted to assure the people that no litigant people should be harassed and deprived of justice, a reflection of which can be seen in the 1972 Constitution. After the victory in the Great War, Bangabandhu always wondered how to decorate a war-torn country. Among them major was the idea of the ‘constitution’, the principle of state governance. He discussed with the then Constitution Drafting Committee several times about what the judicial system would be like, especially in independent Bangladesh. He wanted to ensure that the dream of establishing a democratic Bangladesh free from exploitation was reflected in his long struggle and politics.
That’s why he wanted to see a stronger justice system. The depth of thought of Bangabandhu with regard to the judiciary was reflected in his statement at various times. He said that the Constitution should give priority to justice for all, that the case should not be framed and that all should be equal in the eyes of the law. Bangabandhu said, “Traveling in the court was a waste of money and time. He referred to the establishment of a strong and independent judicial system.”
The Constitution is the main law governing the governance of any country. Regardless of the nature of the written or unwritten, the country’s constitutional guidance in the management of the state has great significance. In the light of the constitution, the executive, judiciary and parliament or legislatures of a country are governed. The constitution provides guidance on the principles of state management, fundamental rights, constitutional amendment, etc. In the third part of the constitution of Bangladesh, the basic rights of the people of the country are described in detail.
All fundamental rights described in this section of the Constitution are recognized as human rights worldwide and these rights are essential for the state. The constitution also provides guidelines on what remedies can be taken if a citizen of a country is violating all these basic rights. In the second part of the constitution, the principle of state management is mentioned. As a principle of state governance, there are some things written in the constitution of Bangladesh which are recognized as human rights in various international documents but are not as human rights in Bangladesh.
The third part of the constitution of Bangladesh is mentioned in paragraphs 26 to 47 about the fundamental rights of the people of the country. Article 27 of the Constitution of Bangladesh states that “all citizens are equal in the eyes of the law and have equal access to the law.”The right to protection of the law is primarily access to justice. It is the responsibility of the state to ensure equal access to all citizens in this system of management and to assure that everyone can enjoy these rights without interruption. Regarding Access to Justice, Article 31 of the Constitution of Bangladesh states that “no right shall be taken except for the exclusive rights of every citizen and any other person residing in Bangladesh, temporarily and exclusively, in any place where the law is reserved and for legal and just use.” Loss of one’s life, liberty, body, reputation or property Oh. “
In 1970 Italian Jurist Mauro Cappelletti said in a research that effective access to justice emerged with new social rights. Effective or effective access to justice can be seen as a basic need, as a basic human right, which guarantees legal rights.
The Universal Declaration of Human Rights (UDHR) of 1948 states clearly that all people are equal in the eyes of the law and without any discrimination everyone is entitled to equal protection of the law. The declaration also states that no one can be arrested or detained at any time, and every person shall have the right to a trial by a competent court through a fair and open hearing. The declaration also states that an individual will be entitled to the justice of an innocent person until he is convicted by a competent court.
The constitution proposes that the rule of law, basic human rights and political, economic and social equality, freedom and justice will be ensured for all citizens. In addition, Article 27 of the Constitution declares all citizens as equal in the eyes of the law and states that everyone is entitled to equal protection of the law. Article 31 reinforces that provision and Article 33 serves as a safeguard for the public on criminal matters. Therefore, it is undeniable that the constitution of Bangladesh has ensured the justice of every people in the best possible way.
In relation to the arrest and detention, the Constitution of Bangladesh states that the constitution of Bangladesh has been protected to ensure that any citizen is arrested or detained. Article 33 of the Constitution states, “(1) No person arrested shall be detained without guard, without giving reasons for arrest as soon as possible, and such person shall not be deprived of his right to counsel and counsel with his chosen lawyer.” (2) Every person arrested and detained shall be brought before the nearest magistrate within the twenty-four hours of his arrest without the time required to bring him to the Magistrate’s Court, and shall not be detained until the magistrate’s order.
In order to enforce fundamental rights, the constitution of Bangladesh has given every citizen the opportunity to protect his or her basic rights. If a fundamental right is violated, it can be enforced by the court. Article 44 of the Constitution of Bangladesh states, “(1) The right to apply a case has been guaranteed to the High Court Division pursuant to Article 102 (1) of this Constitution for the enforcement of the rights conferred on this section. (2) Without limiting the power of the High Court Division under Article 102 of this Constitution, the Parliament Act may give any other court the power to exercise all or any of its powers within the local limits of its jurisdiction. “
Bangladesh is a democratic welfare state. The main goal of the state, which has achieved independence in exchange for the fresh blood of thirty lakh martyrs and the honor of two lakh women, is to establish an exploitation-free society in a democratic manner; Bangabandhu took necessary measures to ensure fair justice for all citizens as a welfare state. Regardless of the religion, caste, tribe, women, men, rich and poor, people cannot take shelter in the court of law, and then the rule of law becomes meaningless.
Therefore, in order to ensure justice for the people, legal support programs should be strengthened from marginal villages to cities. At present, the government of Sheikh Hasina, daughter of Bangabandhu, has been working tirelessly to provide the people with legal assistance nationally and to bring the benefits of justice and rule of law to the masses. The government is sincere enough to establish justice. Now if the government, private and foreign organizations, civil society and people come forward, then access to justice and justice will be established according to the constitution of Bangladesh.
Author: Mohammad Tajul Islam, Columnist, Law analyst, Research Fellow. Email: tajul_jdjbd71@yahoo.com
