In light of recent events transpiring in Bangladesh, the significance of legal literacy among its citizenry has never been more pressing. Understanding one’s legal rights and obligations is not merely a theoretical concept but an essential tool for empowering individuals to assert their rights and fulfil their civic duties. In a landscape where misinformation can easily spread, a solid grasp of legal principles acts as a safeguard against exploitation and injustice.
THE IMPORTANCE OF LEGAL LITERACY
Recently, there have been instances where mobile phones were checked randomly by police and others, with personal messages, photos, and call histories being examined while they were travelling on the streets. Such actions represent a clear infringement of privacy and fundamental rights. According to Article 36 of the Constitution, which guarantees freedom of movement, and Article 32, which ensures protection against arbitrary deprivation of personal liberty, such intrusive searches without proper legal justification are unlawful. Legal literacy can significantly aid individuals in avoiding and challenging these violations.
In Bangladesh, where socio-economic disparities often influence access to justice, legal awareness is crucial in levelling the playing field. A well-informed populace is better equipped to navigate legal complexities, engage in democratic processes, and hold those in power accountable, thereby reducing the risk of being misled or manipulated.
STAYING INFORMED, STAYING EMPOWERED
Educating oneself about legal rights requires diligence and proactive engagement, and to assist in this endeavour, numerous resources are available. Reputable online platforms, such as government websites like the Laws of Bangladesh and the Bangladesh National Portal, as well as other legal aid organisations, offer comprehensive information on statutory provisions and civic duties.
Beyond online resources, attending public seminars and workshops hosted by non-governmental organisations adept at translating complex legal jargon into understandable language can provide invaluable practical insights into constitutional rights and legal obligations. Additionally, reading judicial reviews and commentaries by esteemed jurists can enhance one’s comprehension of the law.
For the citizens of Bangladesh, a thorough understanding of legal rights, effective interaction with law enforcement, and timely consultation with legal professionals are crucial aspects of responsible citizenship.
RIGHTS DURING POLICE INTERACTIONS
Interacting with law enforcement officers in Bangladesh is a scenario that many citizens may face at some point in their lives. It is crucial for citizens to approach these encounters with a clear understanding of their rights and the expectations of law enforcement agencies. During interactions, such as routine checks or more serious situations, remaining calm and composed is essential. Citizens should identify the officer and verify their credentials, as they have the right to request identification if it is not voluntarily provided. If an officer requests information or documentation, such as identification or vehicle registration, compliance should be prompt, provided the request is lawful. For instance, under Section 54 of the Code of Criminal Procedure, law enforcement officers have the authority to detain an individual if there is reasonable suspicion of involvement in a crime. However, the law also mandates that the detained person must be presented before a magistrate within 24 hours to ensure judicial oversight. In such cases, securing legal assistance swiftly is essential to safeguard one’s rights and ensure due process is followed.
KNOWING WHEN TO CALL A LAWYER
Deciding when to seek legal representation often depends on the circumstances and complexity of the legal issue. However, there are situations where retaining a lawyer is unquestionably advisable, such as when one’s liberty, property, or livelihood is at stake. This includes criminal cases, civil disputes involving significant financial interests, or administrative actions with serious consequences.
Legal representation is also vital in matters requiring specialised knowledge, such as intellectual property issues, tax disputes, or contractual agreements with long-term implications. A lawyer’s expertise can be invaluable in navigating the intricacies of the law and protecting one’s interests, thereby preventing future disputes.
In situations where the legal implications of an action or decision are unclear, consulting a lawyer can provide clarity and prevent unintended consequences. It is always wiser to seek advice early rather than face the fallout of a poorly informed decision. Moreover, having a legal team on retainer offers peace of mind, ensuring that professional assistance is available if needed.
In today’s complex and rapidly evolving world, legal literacy is indispensable. By proactively educating themselves about their rights and obligations, individuals can not only safeguard their own interests and prevent injustice but also defend against corruption. Empowered citizens are better equipped to navigate legal challenges, advocate for justice, and support the development of a fair and transparent community. Legal literacy extends beyond personal protection; it fosters broader societal benefits. Embracing legal education thus becomes a vital step toward enhancing personal empowerment and promoting collective well-being.
Sovan Mahmud
Barrister-at-Law of Lincoln’s Inn
Advocate, Supreme Court of Bangladesh
Partner, Credence LP
Jannat Sultan
Barrister-at-Law of Gray’s Inn
LL.M, King’s College London, UK
Bar Training Course, City, University of London, UK
LL.B (Hon’s), University of London, UK
Associate, Credence LP
