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PIL BLAST has remained successfully engaged in legislative advocacy and public interest litigation with a focus on poverty related issues. BLAST has carried out 63 PILs between November 1999 to June 2007. PIL cases have resulted in expansive interpretation of both civil and political rights, and of social and economic rights of the poor and the marginalized groups. PIL interventions have opened up spaces for inclusion of marginalized groups (slum dwellers, the landless, Adivasi communities, fisherfolk, workers , indigent prisoners, including poor women) in decisions affecting their lives and assets.
Landmark Cases Challenging arbitrary arrests and unreasonable police remand: The High Court issued fifteen directives to be followed by law enforcement agencies and magistrates regarding safeguards to be put in place when carrying out arrests without warrant and remanding persons to police custody. These have been cited in many cases to protect all persons - including both the powerful and the powerless -- against custodial ill-treatment.
Challenging delays in trials: The High Court directed the Government to produce information regarding persons facing trials who had not been produced in Court for prolonged periods, which resulted in making public information regarding 7000 under trial prisoners and further directives on both the Government and Legal Aid organizations to collaborate to provide such persons with legal aid.
Preventing forced eviction and displacement and securing alternative rehabilitation: The High Court has directed concerned government bodies not to forcibly evict or displace the poor and landless including slum dwellers without making prior arrangements for their rehabilitation and resettlement, affecting thousands of persons living in urban slums and engaged in the urban economy.
Securing consumer safety and health rights: The High Court directed the Health Ministry and related bodies to require licensed salt manufacturers to include the minimum iodine content in salt, and subsequently the Government took steps to amend the law to penalize sale and distribution of non-iodized salt.
Securing workers' rights to a safe workplace: The High Court has directed concerned government bodies and private employers’ associations to explain the causes of collapse of buildings housing factories resulting in the deaths of workers and to take necessary action for rehabilitation of bereaved families and injured workers and to ensure compliance with relevant regulatory laws to ensure safety in the workplace
Challenging gender discrimination in public employment: The High Court struck down a gender-discriminatory qualification imposed in an advertisement for public employment, and the concerned Government Department made a commitment to not to issue any such advertisements.
Ensuring effective and participatory local government: The High Court declared the controversial Gram Sarkar Act, 2003 unconstitutional and void following a writ filed by BLAST, on the ground that such bodies did not include elected representatives and were unaccountable to the people.
Ensuring enforcement of safety standards in public transport: A test case was filed by BLAST with a view to claiming compensation to the tune of Tk. 28, 93,94000 for the victims and their families of the M. V. Nasreen launch capsize.
Ensuring accountability of public representatives: the High Court issued directives on the Bangladesh Telephone and Telegraph Board and other authorities to realize outstanding payment of telephone bills of 427 Members of Parliaments from the 5th and 7th sessions. The case provided a means to hold public functionaries accountable for the use of funds.
Advocacy BLAST has reviewed laws affecting the poor and women in consultation with, as relevant, grassroots organizations, and justice related institutions including the National Legal Aid and Services Organization, the District Legal Aid Committees and the Law Commission 1) The Legal Aid Services Act 2000 2) The Family Courts Ordinance 1985 3) The Bangladesh Labour Laws 2006 4) The Nari-O-Shishu-Nirjaton-Domon Ain [Suppression of Violence against Women and Children Act] 2000
The Legal Aid Services Act was amended in 2006 and the following recommendations from BLAST were incorporated: 1) Nominal honorarium was introduced for payment to arbitrators or mediators engaged to arbitrate or mediate a dispute. 2) Increase in the amount of honorarium to panel lawyers enlisted with the DLACs, 3) The law stipulates for constitution of Legal Aid Committees at the Upazilla and Thana level.
Following persistent lobbying and advocacy by BLAST and other collaborating organizations, the Bangladesh Labour Laws 2006 have incorporated the following changes: 1) Raising the maternity leave from 12 weeks to 16 weeks 2) Increasing minimum wages from Tk 930 to Tk 1662.50. 3) BLAST has played a stellar role with its coalition partners for the establishment of the Labour Appellate Tribunal (LAT). Subsequently, Justice Amirul Kabir Chowdhury was appointed as the Chairman of the Tribunal on 9 September 2007 |