ROLE OF MEDIA

On 10th March 2005 BLAST arranged a seminar on 'Role of Mediain PILand Advocacy' at the VIP Lounge of the National Press Club.Two papers were presented in that seminar. Along with a summaryreport of the seminar, this occasional paper contains those twopapers besides recommendations.

The keynote paper of Soma Islam identifies the role of media inpublic interest litigation and advocacy, explores the scopes of legalaid and human rights organisations, and media to work togetherfor enforcement of human rights of the poor and disadvantagedpeople.

The paper presented by Shahiduzzaman of the New Age showsnicely how PIL originated and how media played and can play astronger role in future for PIL.

The occasional paper emphasizes that the media plays a pivotalrole to draw public attention to different issues, important orinteresting relating to gross violation of human rights. The mediadoes not only draw public attention but also serve better publicinterest. It engages every reader to answer the questions raised. Italso encourages a broad participation of the society in dealing withissues of public interest.

Taslimur RahmanExecutive Director, BLAST

P R E F A C E

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ROLE OF MEDIAReport of Seminar on

Role of Media inPIL and AdvocacyShadeka Jahan

Introduction:

This report contains a summary of discussions held in a Seminarentitled “Role of Media in PIL and Advocacy” organized by BLAST onMarch 10, 2005 at the V.I.P Lounge of Press club.

Dr. Kamal Hossain, Chairman, BLAST graced the seminar as the ChiefGuest. Justice Naimuddin Ahmed, Vice Chairman, BLAST and AtausSamad, Member, Board of Trustees, BLAST was also present amongstother media and NGO representatives. Mr. Monjurul Ahsan Bulbulpresided over the seminar. Soma Islam, former Assistant Directorpresent D.D, Advocacy and PIL, BLAST stressed for increased co-operation between the legal-aid NGOs and the media with a view toensuring effective implementation and dissemination of the directivesissued by the High Court Division of the Supreme Court of Bangladeshin her key note paper. Mr. Shahiduzzaman, Special Correspondent,New Age also made a power point presentation on the role of Media inPIL and Advocacy. Mr. Fazlul Haq, Executive Director of BLAST in hiswelcome speech noted that the print and the electronic media isplaying a laudable role in identifying issues of gross legal andfundamental rights violations that were subsequently challenged incourts in the nature of public interest litigation which in turn have pavedthe way for judicial activism and led to the pronouncement of manylandmark pro-people judgments.

The objectives of the seminar was amongst others:

# To reflect on the role of media in Public Interest Litigation (PIL) andadvocacy,

# Explore the opportunities for BLAST, other legal aid and humanrights organisations and media to endeavour to work together and morefruitfully to ensure enforcement of fundamental and human rights of thepoor, disadvantaged and marginalised people.

Some important recommendations came out of this seminar.Everybody agreed that media is by far the most effective source ofinfluencing people’s thoughts and catalyzing the judiciary to securelegal and constitutional rights for those who are otherwise deniedjustice owing to knowledge and resource constraints.

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This is a need for bettercoordination amongst thelawyers, judges, media andhuman rights organizationswith a view to ensuring thathuman rights are adequatelyprotected.

-Dr. Kamal Hossain Chairman, BLAST

ROLE OF MEDIAPresentation of Soma Islam,Deputy Director, PIL & Advocacy, BLAST:

Soma Islam, Assistant Director, PIL and Advocacy Cell ofBLAST in her key note paper discussed ornately about thePIL and Advocacy activities of BLAST. She acknowledgedthat the role of the print media in strategic selection ofcases of high public importance by BLAST wasenormous. She further iterated that except for a few casesreferred by the unit offices and other beneficiaries, it isextensive media coverage on incidents of gross violationof human rights that prompted BLAST to instigate legalaction on behalf of the aggrieved. She also cited theexample of the writs filed by BLAST challenging persistentabuse of powers by law enforcement agencies, genderdiscrimination in public employment and continuedincarceration of under-trial prisoners as major successstories for BLAST in which the role of media cannot beoveremphasized. She further noted that the media has toshoulder the responsibility of raising public awareness onthe directives issued by the Supreme Court on arbitraryarrests, detention and treatment of suspects, informingpeople about the existence of the government legal aidprogram, influencing public support for ensuringpermanent settlement for the slum dwellers and landlessas well as creating an environment whereby thefundamental human rights of the people living withHIV/AIDS are protected and promoted. She observed thatthe media through dissemination of information couldeducate the general public to overcome the fear andstigma associated with the dreaded illness.

Soma Islam called for collaboration with the media onissue identification, continuous follow up of PIL cases,dissemination and enforcement of judgements deliveredon PIL cases, strengthening post-judgment monitoringand mobilizing public opinion for reforms in the legalsystem and sharing experiences.

Presentation of ShahiduzzamanSpecial Correspondent, New Age:

Shahiduzzaman, Special Correspondent, New Age in hispaper touched upon the origin and advent of publicinterest litigation. He observed Public interest litigation iscommonly used as tool of the Social Action movement.Public interest litigation is perhaps the most developed inIndia, where it has been used in a particularly vibrant way.Public interest litigation is also used in Bangladesh and anumber of countries to test the constitutionality oflegislation. The writ petition that challenged the JatiyaSangsad Reserved Seats for Women (Election) Act is themost recent example of such litigation in Bangladesh. Healso discussed about legislative advocacy, legal advice,paralegals, and legal research as important tools of PIL.

S u m m a r y o f d i s c u s s i o n s

Probash AminChief Reporter, Prothom Alo:

Referring to the ruling government’s initiative of deployingthe Rapid Action Battalion (RAB) in order to handle thedeteriorating law and order situation, he observed that it is

indeed surprising that despite its highhandedness, RAB isvery popular with the general people. He noted that themedia and human rights organizations such as BLASTshould work in tandem to address human rights violationsby law enforcement agencies and extra-judicial orcrossfire killings by the RAB. He iterated the need foreffective implementation of the directives and orderspassed by the High Court Division of the Supreme Courtof Bangladesh as a result of successful PIL instituted bythe legal aid and human rights NGOs.

Zaydul Hasan Pintu Chief Reporter, The Daily Star:

He expressed serious concern over the indiscriminatecrossfire killings by law enforcement agencies andlamented that there is no independent investigation in thismatter. He also cited the example of a case where a manwas languishing in Jamalpur jail for several years andBLAST petitioned the High Court Division of the SupremeCourt to get his release order. Unfortunately, the manincarcerated in the jail for another four months until therelease order reached the jail authorities, he noted.

He opined that of late there has been a tendency amongthe reporters to shy away from uncovering the truthalthough their main duty is to serve the people. Hestressed the need for forming a monitoring cellcomprising judges, civil society actors, mediapersonalities, human rights and legal aid organizations inorder to ensure compliance with the directives ofsuccessful PIL cases. This group could also assist inidentifying potential issues for PIL, he said.

Golam Mortoja Chief Reporter, Weekly 2000:

He mentioned that the media almost everyday reportsabout human rights violations. However, the voice of thosewho are poor and uninformed are seldom heard giventhey are precluded from access to information. He alsoregretted the lack of co-ordination among the media,human rights and legal aid organizations and iterated theneed for regular follow-up of PIL interventions. He notedthat the media and human rights organizations could worktogether on the Chittagong Hill Tracts issues as well asHIV/AIDS with a view to enhancing public awareness aswell as effecting policy change.

Faruqe KaziSpecial Correspondent, UNB and

President of Bangladesh Law Reporters Forum:

He said that that the concept of PIL and its utility is not soclear to the general people. He observed that the scope forPIL has been widened through the landmark decision inMohiuddin Farooque vs: Bangladesh, 48DLR, 1996, page:438 that has enabled public spirited and consciouscitizens to move the High Court Division through PIL. Hefurther reiterated that the duty of a reporter is to look afterthe interest of the majority people. He said that it is worthcollaborating with legal experts and human rightsorganizations in order to overcome problems of legalreporting by journalists.

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ROLE OF MEDIAShah Alamgir News Editor, Channel I:

He observed that it is very important to ensurethat the lawyers and the reporters irrespective oftheir political affiliation remain neutral whileaddressing human rights violations. He furthercalled for identifying and exploring whatconstitutes public interest in consultation withrelevant stakeholders before going into PIL.

Ataus Samad Advisory Editor, Daily Aamar Desh and Member, Boardof Trustees, BLAST

Ataus Samad noted that thepeople of Bangladesh aregoing through a bad time dueto prevailing confrontationalpolitics that is also affectingthe freedom of the press. Heexpressed concern over thecommitment of the media toreport gross violation offundamental human rights ofthe poor and the unorganizedgiven rich and influentialpeople are often holdingproprietorship of manyleading newspapers. He alsonoted that journalists shouldbe sufficiently informedbefore reporting on legalissues of public importanceand called for co-ordinationand collaboration betweenBLAST and the media inrelation to reportingbreaches of basic humanrights.

Justice Naimuddin Ahmed Vice-Chairman, BLAST-

The veteran Justice took the opportunity ofthanking the media for its support in making thePIL initiatives by BLAST successful in manyinstances. He also requested the media to refrainfrom creating unnecessary pressure on thejudiciary, which often result in less thoughtfulverdicts. In the same vein, he also asked themedia to refrain from publishing articles in thepress that would tarnish the image of thejudiciary. He called for urgent investigation intothe crossfire and extra judicial killings by lawenforcement agencies and termed them ascustodial deaths. . It is the duty of the law

enforcing agencies to protect the arrestee, heobserved. He further urged for judicial inquiryinto the extra judicial killings and carefulapplication of contempt powers by the court.

Dr. Kamal HossainChairman, BLAST

This is a need for better coordination amongstthe lawyers, judges, media and human rightsorganizations with a view to ensuring that humanrights are adequately protected. . Referring to theincreasing number of writ petitions filed beforethe High Court Division of the Supreme Court ofBangladesh in recent times, he noted that it is anindication of institutional awareness of thepotential of public interest litigation. It is also anindicator of the rise in instances of human rightsbreaches that is prompting more and morepeople to seek legal redress through PIL, heobserved. On the issue of extra-judicial killingsby law enforcement agencies, he noted that it isvery unfortunate that they are violating the lawthat they are sworn to uphold as a matter of duty.

RecommendationsA separate writ bench should be established toaddress PIL issues.

Public opinion should be sought about theramifications of implementation of the directivesof the High Court Division in relation to arbitraryarrests under section 54 and remand undersection 167 of the Code of Criminal Procedure.

There should be an independent investigationinto the crossfire deaths that should alsodetermine whether crime committed by thealleged criminals who died in crossfireencounters is punishable with death.

The media and the human rights organizationsshould endeavor to follow-up on the directives ofsuccessful PIL cases through bettercommunication and post-judgment monitoring.

A monitoring cell should be set up with judges,civil society, media and human rights activists forpursuing post-judgment follow-up initiatives in asystematic manner.

Law journalists and BLAST should convenemeetings at regular intervals on exploring andidentifying PIL issues and strategies.

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The people ofBangladesh aregoing through abad time due to

prevailingconfrontationalpolitics that is

also affecting thefreedom of the

press.

ROLE OF MEDIA

Keynote Paper

Role of Media in Public InterestLitigation and Advocacy

SSoommaa IIssllaamm

Deputy Director, PIL and Advocacy, BLAST

Introduction:

Part III of the Constitution of Bangladesh provides for certain rights of the people to be fundamental, hence, inalienable, unassailable,incontrovertible and indispensable except through due process of law. These rights are important for the people to live with liberty,integrity, safety, security and human values. Any law (save certain exceptions prescribed in the Constitution) that is inconsistent, orconflicts, with those fundamental rights is void. The Constitution further provides for enforcement of those fundamental rights byresorting to the High Court Division of the Supreme Court (Art.44 and 102).

Despite the Constitutional guarantees, incidents of fundamental and human rights violations of the poor and disenfranchised peoplehave become endemic in the country. The existing legal system precludes the poor, disadvantaged, unorganised and marginalizedto restore and enforce their fundamental rights owing to their resource and knowledge constraints.

In recognition of the above, Bangladesh Legal Aid and Services Trust (BLAST) and many other legal aid and human rightsorganisations in Bangladesh have undertaken the cause of making the legal system accessible to the poor and disadvantaged byenabling them to protect their fundamental and legal rights that, otherwise, are infringed with impunity. To this end, BLAST provideslegal assistance to the poor, disadvantaged and marginalised people. Besides, it is pursuing legislative and policy advocacy foramendment or enactment of laws in line with the constitutional safeguards.

The media, on the other hand, is increasingly playing a pivotal role to draw the attention of the concerned authorities as well as thepeople at large to various instances of fundamental and human rights violations. This in turn, has in many occasions, instigatedconcerned government authorities to take necessary action to prevent such violations and catalyzed the judiciary to provide legalredress to the aggrieved through suo motu prerogative. At the same time, it has generated awareness and mobilized public opinionfor the protection of the fundamental and human rights. The media further discharges the very important responsibility of ensuringpeople’s right to be informed and educated.

This note aims to identify the role of media in Public Interest Litigation (PIL) and Advocacy and explore the opportunities for BLAST,other legal aid and human rights organisations and media to endeavour to work together and more fruitfully to ensure enforcement offundamental and human rights of the poor, disadvantaged and marginalised people.

PIL and Advocacy activities of BLAST:

Although BLAST undertook the mission of providing legal aid to the indigent masses since its inception in the year 1993 it beganexploring the potential of PIL in the year 1996 with the objective of securing collective justice to the disadvantaged. In the year 2003,BLAST established its PIL and Advocacy Cell to give its PIL and advocacy activities more dynamic, responsive and institutional shape.So far, BLAST has severally and jointly with other organisations initiated a total of fifty-one PIL cases. The PIL and Advocacy Cell alsoconducted many researches and investigations on various issues involving public interests.

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ROLE OF MEDIA

Majority of the PIL issues in which BLASTwas involved include human rightsabuses; rights of landless people; forcedeviction of slum dwellers; rights to healthyliving conditions; consumer rights;discrimination against ethnic minoritiesand disabled persons; genderdiscrimination in public employment;persistent abuse of power by lawenforcement agencies; safe custody;detention of vagrant minors and women;juvenile justice; continued incarcerationof under-trials; detention of foreignprisoners beyond their sentences;issuance of voter identity cards;challenging the impugned Gram SarkarAct, 2003 etc.

The role of the print media in strategicselection of cases of high publicimportance by BLAST was indeedlaudable. It may be noted that except for afew cases referred by the unit offices andother beneficiaries, it is extensive mediacoverage on incidents of gross violation ofhuman rights that prompted BLAST toinstigate legal actions on behalf of theaggrieved. The following part of the notedescribes few significant PIL cases andadvocacy activities of BLAST wheremedia played a significant role inidentifying issues, focusing publicpressure for law reforms andimplementing decisions of the High Courton PIL.

Public Interest Litigation

(PIL)

Safe custody

BLAST and others vs Bangladesh(1997):In the year 1997 the Daily Ittefaqpublished a report on the sufferings ofSufia Begum who was being held in avagrant home in the name of safe custody.BLAST along with Ain-O-Shalish Kendra(ASK) and Mohila Parishad (MP)petitioned the High Court Division of theSupreme Court challenging the illegalpractice of incarcerating women andminor girls, who were victims of variousheinous crimes, in jails or vagrant homesfor long periods of time in the name ofsafe custody. The High Court upheldBLAST’s argument and accordingly thedetainee was released. The case waswidely covered by the media.Consequently, the case along with othersimilar cases prompted the governmentto enact the Repression of Women andChildren Act of 2000 containingprovisions for safe arrangements forminors and women who are victims ofcrimes and cannot be protected by theirfamilies.

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The role of the printmedia in strategic

selection of cases ofhigh public importance

by BLAST was indeedlaudable. It may be

noted that except for afew cases referred by the

unit offices and otherbeneficiaries, it is

extensive mediacoverage on incidents of

gross violation of humanrights that prompted

BLAST to instigate legalactions on behalf of the

aggrieved.

Member of the BLAST trusty board, Mr. Ataus Samad speeks on the seminar

ROLE OF MEDIAPersistent abuse of powers bylaw enforcing agencies:arbitrary arrest (s.54) anddetention (s.167) of the Code ofCriminal Procedure

BLAST and others vs. Bangladesh 55DLR, 363: A news paper report publishedin the Daily Ittefaq on 24-07-1998 statedthat one Shamim Reza alias Rubel, abrilliant student aged about 20 years, waskilled during interrogation under policecustody. Rubel was arrested undersection 54 of Cr. P.C and was mercilesslybeaten by the police to which he latersuccumbed. Widely reported by themedia, this incident sent shock wavesamongst the civil society and humanrights organizations. BLAST along withother human rights organizations filed awrit petition challenging the persistentabuse of powers by the law enforcers inBangladesh. On 7 April 2003 a landmarkjudgment was pronounced by the HighCourt with 15 directives to be followed bythe police as to arrest, detention andtreatment of suspects. Both BLAST andmedia are endeavouring to ensurecompliance of the fifteen point directiveson arbitrary arrests, remand andtreatment of suspects.

Gender discrimination inpublic employment

Nasrin Akther and others vs. Bangladesh:The Daily Prothom Alo published a reporttitled ‘huge rush for collecting fakeKabinnama’ that drew the attention ofBLAST. Following the report, BLASTconducted its own investigation, whichrevealed that an advertisement waspublished in the Daily Ittefaq invitingapplications from Bangladeshi nationalsfor temporary appointment in threethousand vacant posts of HealthAssistants under the Ministry of Healthand Family Planning. The advertisementincluded a gender discriminatory clauserequiring female applicants to be marriedand submit marriage certificate alongwith their applications. This employmentadvertisement prompted the unmarriedapplicants, who were otherwise qualifiedto apply for the posts, to procure fakeKabinnama to prove their marital status.However, such an arbitrary requirementdid not apply in case of the male

applicants.

BLAST along with ASK and BNWLApetitioned the High Court Division onbehalf of Nasrin Akther and otheraggrieved women challenging the legalityof the gender discriminatoryadvertisement in public employment. TheHigh Court issued a rule nisi calling uponthe respondents to show cause why theimpugned advertisement should not bedeclared to have been issued withoutlawful authority. The court also passed anad-interim order staying the operation ofthe said notice and holding examinationsthereunder initially for three weeks andthereafter for further three months. Later,pursuant to joint advocacy initiatives ofBLAST, ASK, BNWLA and media, an out ofcourt settlement was arrived at and theco-petitioners were summoned to theoffice of the Director General of the HealthDirectorate. The Health Directorateagreed to delete the impugnedrequirement from the appointment noticeand publish fresh advertisements forholding examinations on a non-genderdiscriminatory basis. Accordingly, thecase was withdrawn and this out of courtsettlement opened the door for publicemployment to three thousand men andwomen without further delay.

Continued incarceration ofunder-trial prisoners andjuveniles 57 DLR, 11

On 23 December 2003, the Daily Starpublished a report on continued remandin custody of Mohammad Jahangir forover 11 years without trial and 155 otherunder-trial prisoners who had beenincarcerating in Dhaka Central Jail foryears without trial. Following the report,BLAST petitioned before the High Courtchallenging the continued remand incustody of Mohammad Jahangir for 11years and 155 other under trial prisonerswho had also been held in custody foryears in violation of fundamental rightsunder Article 27, 31, 32, 35 (3) of theConstitution.

The High Court directed the governmentto submit a list along with particulars andstatus of under-trial prisoners that havespent five years or more at the differentjails of the country. The governmentprovided a list of 7402 under-trial

prisoners languishing in the custodywithout trial for one to eleven years. Later,the list was revised to 7409 after scrutinyby BLAST. The High Court directed thegovernment to comply with the directionsmade in suo motu rule 248 issued by thecourt in 2003 in respect with the speedytrial of juvenile accused and their releasein appropriate cases. The rule alsoprovides for separating juveniles fromother prisoners and sending them to thecorrectional homes. It calls for co-operation between government and legalaid NGOs to ensure the right to speedytrial of under-trials languishing in the jailsof Bangladesh.

Advocacy

Compared to PIL cases, the role of mediain advocacy initiatives pursued by BLASThas been limited. BLAST received mediaassistance in the matter of adulteratedzinc fertilizer at Kusthia, Chuadanga andJessore districts. Following news reportsin the Daily Prothom Alo, the PIL andAdvocacy unit of BLAST conducted an on-site inquiry, which revealed thatadulterated zinc fertilizer were beingproduced in Chuadanga and sent toDhaka to be packed and labelled asimported from abroad.

BLAST collected samples of zinc fertilizerbeing produced and manufactured locallyby six fertilizer factories in Kushtia,Chuadanga and Jessore for chemicalanalysis. The Advocacy Cell sent thesamples to the Department of Soil, Waterand Environment, University of Dhaka,which established that none of thesamples contained zinc as prescribedunder Fertilizer Control Order, 1999.

Pursuant to the chemical analysis, the Cellserved legal notice on the six fertilizerfactories, relevant Ministry andgovernment departments for takingnecessary action within 14 days to preventfurther production, sale and marketing ofadulterated zinc fertilizer, provide redressto those affected as well as prosecute theaccused. Following issuance of the legalnotice, 11 out of 15 respondents who werenotified sent written replies explainingtheir positions. Few owners sent writtenpromise of complying with the legalrequirements in the future and soughtapology.

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ROLE OF MEDIASubsequently, the Deputy Director(Physical Verification Wing), Directorateof Agricultural Extension, Khamarbari,Dhaka notified BLAST that they hadinstructed the concerned DeputyDirectors, Department of AgriculturalExtension of Dhaka, Kushtia, Jessore andChuadanga districts for taking legalaction against all the six adulterated zincfertilizer manufacturing factories as perFertilizer Control Order, 1999.

In other advocacy initiatives undertakenby BLAST, media still has an essentialrole to play. The on-going advocacyactivities of BLAST and the role of mediaare described below:

15 Directives of the High Courton arrest and detention:

With a view to ensuring effectiveimplementation of the directives issuedby the High Court in BLAST & Othersversus Bangladesh 55 DLR, 363 as toarbitrary arrest and detention, BLAST hasconvened advocacy meetings in 17districts across Bangladesh through itsunit offices. The advocacy meetings wereintended to sensitize law enforcingagencies, magistrates and administrationso that they may refrain from abusing thepowers conferred upon them under ss 54

and 167 of the Cr.P.C. A survey to assessthe number of arrests under s 54 andcase studies indicating the nature ofabuse has been compiled by BLAST. Theadvocacy campaign further intended toraise public awareness as to the rights ofan arrestee and to work in tandem withthe media to prevent recurrence ofarbitrary arrest and custodial deaths.

Legal rights of people livingwith HIV/AIDS

On 26 February 2004, BLAST undertookthe bold initiative of organizing adiscussion meeting on “Emerging LegalRights of the People Living withHIV/AIDS”. The meeting was intended toexplore the possibilities of drafting aHIV/AIDS specific legislation coveringthe legal, ethical and human rights issuesthat HIV/AIDS have raised. The meetingwas attended by representatives of thegovernment, NGOs, INGOs, humanrights activists, doctors, WHO, UNICEF,UNAIDS and the media.

Oblivious of the enormity of the globallydevastating HIV/AIDS scenario,Bangladesh is yet to embark on a rightsbased intervention which if not addressedfrom a holistic viewpoint is likely toundermine the development activitiestaking place in this region. Socialresponses to this disease areoverwhelmingly negative and hostile.Some go even further to lament thedisease as a punishment from Godpursuant to commitment of a great sin.

Personal interviews with people livingwith HIV/AIDS as well as organizationsproviding care and support to themreveals that the dreaded disease involvesunbearable social sanctions includingdiscrimination, stigmatization, isolation,ostracism and deprivation of fundamentalrights and often lead the victim to commitsuicide.

Role of media:

Given that people living with HIV/AIDSare discriminated against out of fear, theprint and electronic media can play a veryimportant role in educating and informingthe general public which in turn wouldhelp to overcome the fear and stigma

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On 26 February 2004, BLASTundertook the bold initiativeof organizing a discussionmeeting on “Emerging LegalRights of the People Livingwith HIV/AIDS”. The meetingwas intended to explore thepossibilities of drafting aHIV/AIDS specific legislationcovering the legal, ethical andhuman rights issues thatHIV/AIDS have raised. Themeeting was attended byrepresentatives of thegovernment, NGOs, INGOs,human rights activists,doctors, WHO, UNICEF,UNAIDS and the media.

Mr. Shah Alamgir, News Editor of Channel I speeks on the seminar

ROLE OF MEDIAassociated with the illness. Again, mediashould not be perceived as a forum topromote hatred and discriminationagainst People Living with HIV/AIDSs(PLHAs). Also, media regulations shouldenforce requirements for accurate,scientific and properly researchedinformation relating to HIV/AIDS. Thegeneral public further needs to beeducated by the media that PLHAs areequally entitled to seek legal redress likeany other citizen of the country for theirfundamental human rights violations.

Activating the GovernmentLegal Aid Programme

The PIL and Advocacy Cell of BLASTheld advocacy meetings across 15districts of Bangladesh through its unitoffices with the objective of making thegovernment legal aid program moreeffective. On the basis of the data collatedand analyzed it was felt imperative tohave the findings known to the lawmakers so that the government legal aidscheme could be made more effectiveand taken to the door-steps of theoverwhelming majority of the people inBangladesh who cannot afford to seeklegal redress owing to resourceconstraints. To this end, BLAST organizeda national round table conference on 24th

March 2004 entitled “How to make thegovernment legal aid program moreeffective”.

The meeting was attended by the Hon’bleMinister for Law, Justice andParliamentary Affairs, Barrister MoududAhmed, representatives of NGOs, donoragencies, media, lawyers and humanrights activists.

Role of media:

To activate the government legal aidprogram media can facilitate theadvocacy efforts of BLAST for raisingpublic awareness and educating them onthe availability of government legal aid. Itcan disseminate views and opinions ofexperts and researchers on thenecessary amendments to be made in theLegal Aid Services Act 2000 for making it

more user-friendly and effective.

Permanent settlement for theurban poor: Rights of slumdwellers

BLAST along with ASK and other humanrights organizations have successfullychallenged the forced eviction of slumdwellers in Dhaka and elsewhere by thegovernment without ensuring their right tolife, livelihood and security. In mosteviction cases, BLAST has beensuccessful in getting stay orders from theHigh Court. Extra legal initiatives such ascampaigning and lobbying by humanrights activists have prompted thegovernment to include alternate housingand rehabilitation provisions for slumdwellers in the National Housing Policy(NHP), 2004. Besides, throughworkshops and seminars BLAST andother NGOs have attempted to mobilizecivil society responses to the housingchallenges of the slum dwellers.However, public sentiment in generaldoes not support the slum dwellers. Thegovernment also tend to treat slumdwellers as unauthorized occupants witha view to exclude them from the purviewof NHP. This poses a formidablechallenge to protect and enforce theirrights through courts.

Role of media

Media can play a significant role ineducating people that the fundamentalhuman right to life, as guaranteed underthe Constitution, includes right to shelterand livelihood and that slum dwellerscannot be evicted without makingalternative housing arrangements.Media, through creative articles and writeup, can mobilise public opinion towardsthe causes of slum dwellers includingpressing government to adopt effectivelow income housing initiatives to preventfurther expansion of slums in the cities.

Future Initiatives:

Media can play an impeccable role in thefollowing aspects of PIL and advocacy:

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There should be anindependent investigationinto the crossfire deaths thatshould also determinewhether crime committed bythe alleged criminals whodied in crossfire encountersis punishable with death.

-JJustice Naimuddin AhmedVice-Chairman, BLAST-

ROLE OF MEDIAIssue identification, fact finding andinvestigation:

Freedom of press is a constitutionally guaranteed fundamentalright. This right has been guaranteed to ensure people’s rights tobe informed and educated. To this end, both the print andelectronic media have the onerous duty of reporting to the publicin the event of any human or fundamental rights violations. Themedia is also equipped with the necessary capacity, skills andresources to investigate and reveal infringement of publicinterests. Given that PIL cases are dependent on retrieval ofsensitive information and materials, media can assist BLAST andother human rights organizations to have access to the requiredinformation.

Continuous follow up of PIL cases:

In many occasions final hearing of PIL cases reel over longperiods since initial ruling. During this period, the relevant PILissue remains dormant and people tend to forget whathappened. In such cases, media can continuously follow up theissue to keep it alive and focused.

Dissemination and enforcement of judgementsdelivered on PIL cases:

The influence of media in shaping people’s opinion and mindcannot be overemphasized. Given the media’s accessibility todisseminate information to all sections of the society, it can playan instrumental role to disseminate judgements and directivespronounced in PIL cases. Unless a judgment or direction iseffectively enforced, the purpose of PIL is defeated to a greatextent. In a system that is fraught with corruption, arbitrariness

and non-compliance, there is a general reluctance amongstauthorities and individuals to submit to the verdict of the courts.This is where the media can intervene to ensure enforcement ofjudgments by the concerned authorities and report non-compliance.

Strengthening post-judgment monitoring andmobilizing public opinion for reforms in the legalsystem:

Pursuant to the pronouncement of a judgment in public interestlitigation, the onus is upon the media to create an environmentwhereby the majority of the public are informed on the issue andto monitor the extent to which a judgment is being enforced.Unless there is involvement of the general public as well as thecivil society on issues of public interest, significant amendmentsand enactments cannot be effected in the existing laws. Publicpressure and media attention are by far the most effectivemechanism in seeking the accountability of state actions andenabling positive changes in the legal environment of thecountry.

Sharing experiences:

Media, BLAST and other organisations can share experiencesrelated to investigation, reporting, data collection and analysis. Ifrequired, media can impart training to rights activists oninvestigative journalism, fact-finding and reporting etc., whichare important for the success of PIL and advocacy.

References:

Mahmudul Islam, Constitutional Law of Bangladesh, 2nd edition, Mallik Brothers, 2002;

Naim Ahmed, Public Interest Litigation: Constitutional Issues and Remedies, BLAST, 1999;

Sara Hossain, Shahdin Malik and Bushra Musa, Public Interest Litigation in South Asia: Rights in Search of Remedies, The University Press Limited,1997;

Dr. H. O. Agarwal, Human Rights, 5th edition, Central law Publications, Allahabad, 2002;

The Asia Foundation, Protecting the Common Good: Successes in Public Interest Litigation, 2002;

UNAIDS, India: HIV and AIDS Related Discrimination, Stigmatisation and Denial, 2001.

Annual Report on PIL Project, BLAST, 1997-1999.

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The origins of PIL

PIL is a term of US origin. In the US, PIL means ‘PublicInterest Law’. But, in Bangladesh it means ‘Public InterestLitigation’, which is one of the tools used in a number ofcountries including the US in PIL movement. In this paper, Iprefer to go for using the term for Public Interest Law relyingon its original meaning.

Some of the PIL activities in countries of the world havebeen influenced by the PIL movement in the US, which hada particularly productive period in the 1950s, 1960s and1970s. The US experience drew attention to the potential forlaw to serve as an instrument for change, and began theprocesses of thinking law not simply as a method of disputeresolution, but also as an instrument of social justice.

Different terms including ‘alternative law’, ‘developmentallaw’ and ‘structural legal aid’ have been usedinterchangeably with ‘public interest law’. Senator Jose WDiokno of the Philippines identified the majorcharacteristics of what is often called ‘public interest law’saying, ‘.... development requires a different type of legalaid.... concentrating on public rather than private issues,intent on changing instead of merely upholding existing lawand social structures, particularly the distribution of powerwithin society’.1

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PPIILL aanndd tthhee MMeeddiiaaShahiduzzaman

Special Reporter, Daily New Age

Some of the PIL activities incountries of the world have beeninfluenced by the PIL movement inthe US, which had a particularlyproductive period in the 1950s,1960s and 1970s. The USexperience drew attention to thepotential for law to serve as aninstrument for change, and beganthe processes of thinking law notsimply as a method of disputeresolution, but also as aninstrument of social justice.

Mr. Faruqe Kazi, Special Correspondent of UNB, speeks on the seminar

ROLE OF MEDIALaw framework

Law or a law-related framework is usedin the PIL movement in furtherance ofits objectives. Law, if used creatively,can be one source, among a number ofsources, which enables people tomobilize and engage in positive actionto better their lives. The amount of timeand resources PIL groups spendworking within the state-administeredlegal system depends on the nature ofthat system. If the rule of law is upheldin a country and the legal systemcommands credibility, then there willbe a tendency to use the formal legalmechanisms within that system. Wherethe rule of law is absent, and/or thelegal system does not command muchcredibility, PIL groups will tend to workoutside the system, although again,they may, on occasion and in a specificcontext, use a particular legalmechanism or channel.

For example, the legal system hasmore credibility in some former Britishcolonies. In Bangladesh, India, SriLanka and Malaysia, there has been atendency to work within the confines ofthe state-administered legal system.While this may have some positiveaspects, it has also generated somenegative ones. Except perhaps inIndia, few groups in the other countrieshave looked for new and imaginativeways of using law and law-relatedstrategies. By contrast, in Indonesiaand the Philippines, where publicinstitutions, including the judiciary, donot command much confidence, therehas been a search for other, more

legitimate and credible institutions.2

There, by refusing to stick within theconfines of the formal legal system, thepublic interest law movement has beenmore creative and dynamic.

Issues in PIL

Unlike mainstream law, PIL is notoriented to the individual nor does itdeal with a range of ‘single’ disputes.PIL is invariably group-oriented. Itdeals with the assertion of group orcollective rights, involves questions ofinjustice pertaining to a group orcollectivity, or may involve a legal

action where an individual isrepresentative of a group. PIL sees inthis group dimension to its work theopportunity to make more profoundstructural changes in society andinitiate larger ripples of change.

The intent on ‘changing instead ofmerely upholding existing law andsocial structures’ often distinguishesthe PIL work from, for example, manygovernmental legal aid schemes whichprovide legal services to underservedor disadvantaged sectors of society,but may not intend, in doing so, tochange existing law and socialstructures or to challenge thedistribution of resources and power inthe society.

This intent has brought PIL groups intoconflict with governments. Indeed,many NGOs all over the world, inBangladesh as well, have emerged asgovernments have shown themselvesincapable of promoting positive socialchange and eradicating patterns ofunequal distribution of resources andpower.

The socio-economic context in whichPIL groups function is crucial to theirwork. The groups contend withunequal development patterns andfighting unjust socio-economic policiesand see as one of their objectives theredesigning of the legal map topromote in their view a more equitablesystem of legal relations. Mattersrelating to access to credit, marketingschemes, land ownership and use,land tenure and production-sharingsystems are matters of concern tothem, as are questions of squatters’rights, access to sanitation and water,environmental rights, and the rights ofindigenous or tribal peoples.

PIL has also flourished in countries ofthe world, because it provides a wayfor civil society to become activelyinvolved in questioning publicdecision-making, including decisionson political structure and democraticspace. It provides a way to challengeand change major public policydecisions and campaign for social,economic and political reform.

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PIL has also flourished incountries of the world,because it provides a

way for civil society tobecome actively involved

in questioning publicdecision-making,

including decisions onpolitical structure and

democratic space. Itprovides a way to

challenge and changemajor public policy

decisions and campaignfor social, economic and

political reform.

ROLE OF MEDIA

Tools of PIL

A range of different tools is used in PILmovement and these are quite dependentupon the context within which the PILgroup works. The use of these tools doesnot automatically qualify an organizationas a PIL group, but a survey of the tools ishelpful to understand the range of ways inwhich PIL work towards their goals.

Public Interest Litigation

Litigation in the from of PIL deals withgroup issues and/or promotes socialchange is used most frequently where theformal legal system commands a degreeof credibility. Public interest litigation isperhaps the most developed in India,where it has been used in a particularlyvibrant way. Public interest litigation isalso used in Bangladesh and a number ofcountries to test the constitutionality oflegislation. The writ petition thatchallenged the Jatiya Sangsad ReservedSeats for Women (Election) Act is themost recent example of such litigation inBangladesh.

Public interest litigation began to emergein India around the late 1970s and early1980s, when the Indian judiciaryresponded in a sympathetic way to theinitiatives of Indian social action groups,

journalists and scholars.3 It became

possible for any member of the public, notonly public interest groups, to initiatelitigation by merely addressing a letter toa judge. In this way a number of publicinterest issues affecting prisoners,workers and children were brought to theattention of the court.

Three features came to characterise thislitigation in India:1. An expansion of the doctrine of locusstandi, which permitted any bona fidepetitioner to bring matters of publicinterest before the court. The petitionerwas not required to show that he or she

was personally affected;4

2. Dispensing with formal courtprocedures for the commencement ofsuch actions that could be initiated bywriting a letter to the court, and that wouldbe converted into a formal petition; and

3. The use of novel methods to gatherfacts. Often the court appointed a socio-legal commission of inquiry to investigatethe disputed facts and submit a report tothe court.

It has been used to impose sanctions andclaim compensation from government.The concept of public interest litigationhas been mooted for expression of thevoiceless, disadvantaged, weaker,oppressed and those unable to gainaccess to the court of law and justice toventilate their grievances.

Legislative advocacy andlobbying

Legislative advocacy and lobbying is themost important tools in PIL. Aconsiderable amount of work in this areafocuses on bringing existing law intocompliance with international humanrights standards. Lobbying efforts mayalso be directed at institutions outside ofgovernment, such as InternationalFinancial Institutions, donor agencies,corporations, and so on.

The extent to which proposals for lawreform and associated lobbying areshaped and driven by the experience and perspectives of the affectedcommunity/ies varies from country tocountry and organisation to organisation.

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Litigation in the form ofPIL deals with groupissues and/or promotessocial change is usedmost frequently wherethe formal legal systemcommands a degree ofcredibility.

Mr. Manzurul Ahasan Bulbul, Executive Editor of Daily Sangbad was the moderater of the seminar

ROLE OF MEDIALegal AdviceLegal aid and advice to groups is oftenpart of PIL movement. This assistancemay often be provided by paralegals, lawstudents and lawyers and sometimes bymedia as well. To the extent that throughthis advice the PIL groups try to givetarget communities the capacity andconfidence to use the legal process andlegal institutions, it shares somesimilarities with community legaleducation.

ParalegalsThe role of paralegals in PIL in mostcountries reflects PIL’s preoccupationwith changing social structures,particularly the distribution of powerwithin society. These paralegals (unliketheir counterparts in the US) are oftenmembers of the target group who aregiven a basic training in the law. Theheavy use of non-lawyers within PIL incountries serves to demystify the law andmake knowledge of the law and legaltools more accessible to the community.

Many PIL groups have engaged in thetraining and deployment of paralegals ina very successful way. In Peru, paralegalshave been used effectively in combatinggender-based discrimination. Paralegalshave helped disadvantaged communitieswith such routine matters as theprocurement of birth certificates andidentity cards and also with morecomplex matters like lodging sexualassault complaints.5

Legal ResearchLegal research is also one of the majortools in PIL. PIL groups have tried todevelop critical and applied legalresearch. One of their tasks has been toinvestigate and review, whereappropriate, some of the fundamentalassumptions of the law and the legalsystem. Their research also includes whathas come to be termed socio-legalresearch, a combination of experimentaland theoretical study. This has resulted,among other things, in monitoring anddocumenting the impact of developmentprojects or laws on the lives ofcommunities. Frequently the research ofPIL groups has been multi-disciplinaryemploying sociologists, political

scientists, anthropologists andeconomists. This multi-disciplinaryapproach represents a sharp break fromtraditional legal research, which hastended to be sceptical about thecontribution non-lawyers can make to theworld of law.

In India, through this type of research,scholars have developed critiques ofcourt procedures and concepts such aslocus standi, which have, in turn, led tochanges in the way the judiciaryperceives these ideas. Thinking has alsoemerged in relation to the design of newand innovative remedies. Another area,which has felt the impact of this type ofresearch, is custodial rape, where theburden of proof has been reversed so thatthe police must provide evidence that arape did not occur rather than the womanhaving to prove that she was raped.

EducationOne of the key objectives in PIL educationhas been to expose the law—to convey togroups— that law can be understood andused effectively by non-lawyers as well.Education programs undertaken by PILgroups seek to disseminate awareness oflaws and rights and to develop anindependent legal capacity in the targetcommunity.

PIL groups use a variety of techniques tomake law-related knowledge and skillsavailable to the larger public. One strikinginnovation has been the alternative lawschool initiated by several Filipinogroups. A program of critical andparticipatory education is conducted onlaw related to a specific sector.

Besides, some law schools function asPIL centres in two ways. Firstly, some aresubstantially devoted to producing PILlawyers. The National Law School inBangalore, for example, was set up withthe objective of introducing a degree ofrelevance to legal education in India andproducing lawyers committed to socialchange. Secondly, a number of lawschools have set up centres or clinics thatdo PIL work. The Office of Legal Aid ofthe University of the Philippines is anexample of such PIL work. Among itsstated purposes for running the legal aidclinic are: (a) to provide free legalservices to those who can’t afford it; (b) toprovide law interns practical experience

and learning opportunities from actualhandling of legal problems; and (c) toundertake law reform activities.

There are clinical programs along theselines in a few other countries includingSouth Africa and the United States. Someof the centres work in collaboration withPIL groups in their area. In some casesacademic credit is given for participationin clinical programmes.

PIL and MediaThe mass media, be it print or electronic,plays a great role in PIL movement, as itfacilitate to spread awareness about therights of the people. The Law and SocietyTrust in Sri Lanka at one time conducteda series of radio plays on legal themes.The Law Division of the Open Universityin the US has used public television toraise rights-related questions. Comics,cartoons and games have also been usedin legal educational efforts.

Educational efforts may also reach outusing mass media to certain elite groups,including judges, lawyers, legislators andpoliticians, to foster a greater openness toPIL efforts.

Most studies, especially by politicalscientists, emphasize that legalmobilization campaigns aim to effectchange largely through the ‘radiatingeffects’ of PIL movement includinglitigation on differently situated socialactors, both ‘directly’ on allegedwrongdoers through actual or threatenedenforcement actions, and ‘indirectly’ onlawmakers, potential issue-allies, and thegeneral public. The dissemination ofmessages – among parties to disputes,their legal representatives and third partylawmakers such as judges andlegislators, and generally to the broaderpublic – about legal claims, possibleenforcement actions, and broader socialvisions may routinely be conductedthrough a variety of channels. But, it isthrough the news production process ofmass media that objectives and visions ofthe PIL are most broadly communicatedamong relevant actors and public,especially on matters of general socialconcern. Indeed, the self-conscious effortto package legal knowledge andnarratives for dissemination in the massmedia has been a hallmark of the PILmovement.

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ROLE OF MEDIANearly all scholarly studies haverecognized the efforts by activist groupsto coordinate litigation and publicitycampaigns as interactive strategicendeavours. ‘Media-oriented stagecraftand legal advocacy… constitute thecomplementary tactics of modern

professional policy advocates’.6

While the quantity of media attention toPIL tends to receive much attention as anindicator of impact, the substantivecontent or quality of the coverage hasdrawn far less scrutiny. This is important,after all, for the news practices ofjournalists and editors contribute indistinctive ways to the ‘construction’ ofpublic interest litigation and PILmovement as a whole. Systematicpressure to ‘sell’ news in simplistic,appealing, even titillating ways that attractreaders and to fit news rapidly andcheaply into simplistic, standardized‘scripts’ make mass media importantsources of mass legal knowledgeproduction. Indeed, law itself, as a form ofconstitutive knowledge, is significantlyproduced and reproduced by thenarratives circulated by print andelectronic news along with other forms ofmedia produced entertainment. Thatconstitutive content justifies attention tothe qualitative content as well as quantityof coverage.

This recognition regarding thesubstantive role of mass media in legalknowledge production has not entirelyescaped the notice of socio-legal scholarsgenerally. A huge body of scholarship hasdocumented the role of the media inshaping public understanding of crimeand the criminal justice system. A much

smaller but still important group ofscholars has analysed how federal andappellate court rulings, especiallyregarding matters of constitutional law,are covered in the press. Moreover,debates over tort reform in the last severaldecades have generated increasedattention to media reporting of civildisputing and litigation practices in the

US.7

Few efforts, however, have been made todevelop similar analyses regarding therole of the mass media in substantivelyshaping the character, scope, and termsof specific reform litigation campaigns.Indeed, just as the mass media have beenrecognised as a discrete ‘politicalinstitution’ or even ‘fourth state’, so is italso a key institutional domaincontributing to the mass constructionspecifically of legal knowledge andpractical legal action.

The Mass media play a fundamental rolein the production and reproduction of lawitself. To the extent that law is understoodas a body of knowledge, a complextradition of discourses, symbols, logics,and modes of reasoning, so must weconfront the means by which thatknowledge is generated, circulated,consumed, and incorporated intopractical action. To put it most plainly,newspapers, magazines, TV shows, andother organs of the mass media are everybit as much institutions of legalconstruction as are judicial trials,administrative rulemaking processes, andpolice decisions in the street. Regardlessof the institutional site where legalpractice is studied, we miss a great deal ifwe ignore the degree to which mass

produced knowledge of and about law ispresent and powerful, contributing to theongoing constitution of legality.

Recommendations:

1. To go for public interest lawmovement using its varioustools including public interestlitigation, as PIL movement ismore useful than the litigationonly.

2. To emphasise on policy andlegislative advocacy andlobbying.

3. To make an appeal to thegovernment and the JatiyaSangsad to introduce a systemfor consultation of the peopleconcerned including the PILgroups and media peoplebefore enactment of andamendment to any law andformulating any policy.

4. To make an appeal to thegovernment and the JatiyaSangsad as well to disseminatethorough the media the law tobe enacted and the policy to beformulated before theenactment or formulation inorder to ensure peoplesparticipation in the law makingprocess.

5. To initiate networking of themedia people and PIL groups.

6. To initiate networking of themedia people, PIL groups,jurists and the lawmakershaving the commitment for pro-people laws and policies.

1 Jose Diokno, Developmental Legal Aid in Rural Asean: Problems andProspects (1981).2 Daniel Lev, Human rights in Indonesia and Malaysia.3 One of the best essays on this subject is by Upendra Baxi, TakingSuffering Seriously: Social Action Litigation in the Supreme Court ofIndia, (Revised), Upendra Baxi (ed.) Law and Poverty: Critical Essays,Bombay: Tripathi 1988. See also Mario Gomez, In the Public Interest:Essays on Public Interest Litigation and Participatory Justice, Colombo:Legal Aid Centre, University of Colombo, 1993.4 In the Philippines petitioners have been permitted to sue on behalf of

succeeding generations in a case involving ecological damage: JuanAntonio Oposa v. Hon. Fulgencio S. Factoran. (Supreme Court, 30 July1993).5 Gridley Hall and Burton Fretz, Legal Services in the Third World,Clearinghouse review, December 1990.6 Michael McCann, Taking Reform Seriously: Perspectives on PublicInterest Liberalism. Ithaca: Cornell University Press, 1986, p 205)

7 Garber, Steven and Anthony G. Bower, 1999, ‘Newspaper Coverage ofAutomotive Product Liability Verdicts’, Law & Society Review.

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