execution of the Act.
Access to Justice:
While impediments to access to justice are grounded in
structural inadequacies and deficiency in governance, the
situation is augmented by the absence of a sound knowledge
base about rights and entitlements amongst disadvantaged
groups and a lack of capacity to deal with the systemic
problems they encounter in their daily lives.107 Khair
identifies the following as the major barriers to access to
justice in Bangladesh: Absence of legal awareness and
knowledge, legal ambiguities and procedural complexities,
threats to judicial independence, delays and costs, lack of
information on administrative processes, indifference of
actors in governance, corruption and absence of good
governance and accountability, conflicting socio-cultural
and religious norms.108
Access to justice is not only central to the realisation of
constitutionally guaranteed rights, but also to broader goals
of development and poverty reduction.109 As Shihata
observes, legal and regulatory frameworks are increasingly
being viewed as a fundamental element, not only in the
realm of protecting property and contractual rights and
ensuring a fair and quick settlement of disputes but also in
110
I Shihata, The World Bank in a Changing World (The Hague: Martinus Nijhoff,
1999), 234.
111
Section 6 (1) of the Act.
88