Reimagining legal aid in Bangladesh

Legal access to justice continues to be a problem for many, especially for the marginalised, underprivileged, and those who suffer social exclusion. Although the Legal Aid Services Act 2000 was enacted to provide legal aid to persons unable to afford legal services, it has never worked efficiently due to structural problems, limited outreach, and the time-consuming nature of the legal process itself. Thus, the Legal Aid Services (Amendment) Ordinance 2025 and the Legal Aid Services (Second Amendment) Ordinance 2026 are positive steps toward improving the structure of the legal aid system in Bangladesh.

Amongst other changes, one of the most notable amendments made by the ordinances is the inclusion of pre-case mediation in section 21B. While previously the primary purpose of legal aid was to provide legal assistance to clients, the new framework includes mediation mechanisms, which are time and cost-effective alternatives to the traditional litigation-based system. Therefore, the adoption of mediation mechanisms in conjunction with litigation-based systems can create a more diverse model of delivering justice.

One of the most progressive features of the ordinances is the inclusion of legal aid provisions specifically applicable to expatriate Bangladeshis and migrant workers. The extension of legal aid services beyond national boundaries demonstrates that the State recognises its obligation to protect its citizens regardless of where in the world they reside.

Another very significant institutional change introduced by the ordinances is the replacement of the National Legal Aid Service Organisation with the Bangladesh Legal Aid Department. With this change, the power over legal aid services has been centralised within a single department. The Department has been given the authority to regulate, coordinate all government and nongovernment legal aid programmes, develop standards for mediator training and certification, and therefore, these functions are designed to increase accountability and efficiency in legal aid program delivery.

Additionally, an Advisory Council on Legal Aid has been established under section 6. The Council consists of members from the judicial branch, executive branch, and legal professions. Among other responsibilities, the Council will assist in formulating policies, plan strategically, and monitor performance. In addition to creating an advisory council, there are now increases in the number of functions that are performed by the Department. Specifically, provisions have been added relating to emergency legal support per section 7. Emergency legal support will allow for immediate assistance when urgent situations arise. The expanded scope of functions reflects a broadened understanding of what constitutes legal aid.

Perhaps one of the most progressive features of the ordinances is the inclusion of legal aid provisions specifically applicable to expatriate Bangladeshis and migrant workers as mentioned in amended section 7. The ordinances provide for expatriate Bangladeshis and migrant workers to receive legal assistance via their respective countries’ diplomatic missions. The extension of legal aid services beyond national boundaries acknowledges that many migrant workers experience cross-border legal issues. Additionally, it demonstrates that the State recognises its obligation to protect its citizens regardless of where they reside in the world.

Importantly, in order to strengthen accountability mechanisms, panel lawyers will now face tighter supervision. Any allegations of misconduct against panel lawyers, whether based on unethical behaviour or financial exploitation, can result in disciplinary action, up to and including removal from the list of approved panel attorneys and referral to the Bar Council under section 8B. This change is critical to maintaining professional integrity and building confidence in the system. Similarly, as part of an effort to establish quality control for mediation services, a formal certification system for mediators has been included.

As stated above, digitalisation is another feature of the changes. Individuals seeking legal aid may submit applications electronically, and there is a means by which applicants whose requests are denied may appeal per amended section 16. The electronic submission mechanism will likely improve accessibility particularly for residents in rural areas as well as increase transparency and efficiency in processing applications.

Ultimately, however, if implemented successfully, the success of these ordinances will depend upon successful implementation. There are several factors that could limit its success, including limited funding, inadequate numbers of trained staff, lack of public awareness regarding available services, as well as, ensuring effective coordination amongst government agencies, NGOs, and legal practitioners. Only time will tell how effective the amendments are.

The writer is Lecturer, Department of Law, European University of Bangladesh (EUB).