Covid-19 has made the world topsy-turvy and people have to re-visit their old views, re-hash, and re-strategize in the context of the current and future reality. The same goes for the court systems in Bangladesh.
I had been reading and listening to some thoughtful presentations and interactions with the advocates’ community in the last few days. Other advocates of Bangladesh Supreme Court have also spoken on these matters. The following burning issues are to be reviewed as early as possible in Bangladesh for our welfare.
1. Legal fillings should be done through the E-Legal portal. The government, Supreme Court, and Lower Courts and Bar Associations nation-wide should step up this effort. This is absolutely essential during these situations of lockdown and beyond. It will also reduce time effort in lieu of handheld processing, increasing efficiency.
2. Regarding court opening, in the current case, no transportation is open, so even a limited scale court opening is perhaps going to be difficult for all parties connected to the court. Technology-enabled limited service may be given now and, in the future, when things normalize, adopt technology most vigorously to circumvent attending court in person. All courts may have digitally online courtroom facilities (similar to a virtual classroom). When the world is progressing rapidly, no use in remaining behind in this sector as well.
3. The lawyers’ community is supposed to be an educated community and equal citizens of the country. They do not receive support from the normal banking and financial service channels as their profession is considered risky. It is ironic that the same advocates are legal advisers to the same financial institutions. We request that the honourable chief justice along with other seniors take this matter up with Bangladesh Bank and other government agencies. All citizens must have equal opportunity as per the Constitution of Bangladesh.
4. A review of the Benevolent funds should be done quickly as many junior lawyers should be supported now. The government may also add funds to this fund.
5. Lawyers’ assistants are also not getting any support from the lawyers currently as the courts are closed. Due to this condition, they are in deep financial trouble and their conditions should be reviewed and supported immediately.
6. From different media sources, the issue of medical college and banks for the lawyers has been raised. Personally, I feel that the lawyers’ community should receive normal support as other citizens in Bangladesh without prejudice. Then these issues of having a separate bank would not be needed.
7. Lawyers do not have proper seating arrangements in the court premises. Some lawyers have chambers as well as additional seating arrangements within the court premises while some lawyers remain more or less floating. It is against the maxims of equity enshrined in our code of conduct and should be immediately re-allocated. It is bad for their self-development and service to their clients.
8. Health and hygiene conditions are precariously bad in almost all court systems in Bangladesh. Sometimes I wonder how we call ourselves civilized human beings when our facilities are so rotten. All persons of any standard can easily turn sick from the pungent smells within some areas of the courts. Perhaps, the policy-makers need to improve these conditions to safeguard our citizens attending the court system in Bangladesh.
9. Courtroom dress code is cumbersome and not suited for Bangladesh and should be reviewed considerably to address the humid, climatic conditions in Bangladesh.
The Covid-19 pandemic is an eye-opener for all of Bangladesh, especially the legal justice system. We must work to become digitally connected and our processes must be carried out digitally as best as possible in line with the concept of Digital Bangladesh. Otherwise, the lawyers’ community will remain the back-benchers in society.
Constructive steps need to be taken. Words without actions are futile. Let us give shape to our highfalutin words. Time is ripe and time is now. Bangladesh court system, the spotlight is now on you. Let us see the performance.
Ziaur Rahman is an Advocate and CEO, IITM.
