 |
| ACCOUNTABILITY AND INSTITUTIONAL REFORM |
|
Laws cannot be effective unless they are robustly enforced. Where a state has set up institutional processes, the state is responsible for making those processes work. BLAST files writ petitions in the High Court to ensure enforcement of laws, rules and guidelines laid out by the Government. Some laws that BLAST has filed writ petitions to enforce include the Bangla Bhasha Procholon Ain, 1987; the Town Improvement Act, 1953; the Environment Conservation Act, 1995; the Children Act, 1974; Members of Parliament (Salaries and Allowances) Order, 1973; and the Chittagong Hill Tracts Regulation Amendment Act, 2003. A key focus of BLAST’s is strengthening of the judiciary, furthering separation of the judiciary and the executive and ensuring access to justice. To this end, BLAST has been involved in PIL to enable access to judicial remedies (through setting up civil courts and Special Tribunals on Violence Against Women in the CHT), and to ensure fair trial in the courts. It has also been involved in litigation to ensure the accountability of parliamentarians (PIL for repayment of arrears of telephone bills), and other elected officials and public functionaries (PIL for directives on local government officials not to take part in the imposition of extra judicial penalties). BLAST also files petitions and engages in advocacy to ensure democratic representation and participation in government. When the Gram Parishad Ain, 1997 was passed by Parliament, BLAST challenged it in the High Court, arguing that any local governing body must conform to Constitutional requirements for democratic election. Parliament replaced the Gram Parishad Ain, 1997 with the Gram Sarkar Ain, 2003, and BLAST challenged this new law, obtaining a judgment from the High Court on 02.08.2005, which held that the Gram Sarkar Ain, 2003 was void. It observed that the Act had replaced the ‘Village Parishad’, an elected body and a local government by ‘Gram Sarkar’ a demonstratively autocratic body, which is inconsistent with the democratic spirit of the Constitution. BLAST’s PIL and advocacy work highlights the importance of catalyzing institutional and administrative responses in cases of human rights violations. Many of its PIL cases include prayers for implementation of existing laws and for clearer directions to require public functionaries to perform their statutory duties. Public Interest Litigation Judgments:
Disposed:
Pending:
Publications
Media |
