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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 266
December 16, 2006

This week's issue:
Human Rights Special
Reviewing the views
Law alter Views
Court Corridor
Law Update
Law Event
Law Week
Rights Investigation

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Law alter Views

Politicisation Of Legal Profession
Lawyers becoming 'puppets'?

Barrister Tureen Afroz

The current trend of increasing politicisation of our legal profession is alarming. It is not only harmful for the profession per se but also to the society at large. Wholesale politicisation of legal profession distorts the vision of pluralistic society where lawyers have a professional role to play. There is nothing wrong in lawyers becoming politically conscious or even to be politically ambitious. I would say that every citizen in this country has a right to do so. However, the present practice of lawyers on compromising legal ethics and professional responsibilities to serve blindly their party-political interests should be condemned.

It is unfortunate to notice that many of the leading lawyers of our country today serve as reserved intellectual army to the political parties. Their expertise and the position of social acceptability are used by these political parties to further their own political agenda. It is shocking that some of the reputed lawyers of our country have actually become mere puppets in the hands of national political leaders who would want such lawyers to work as a legal stamp, at times to their unreasonable party-political demands. Professional lawyers today are seen to be divided according to their party political beliefs so much so that they would sacrifice their professional responsibilities for the party-political interests.

Professionals could be a political, they should not compromise their professionalism for party politics, so long they are in pursuit of professional duties. It is also essential to differentiate between 'pro-party politics' and 'pro-people politics'. Pro-party politics is one where the political activists rest their blind faith in a particular political party, even when that party is found to have committed a wrong. Pro-people politics, on the other hand, demands that political activists would raise their voice against any injustice inflicted upon the common people, irrespective of their class, race, gender or even party political affiliation.

It is painful to observe that today's professional lawyers are mostly engaged in pro-party politics. Being divided upon political affiliation, they are keen to attach polarised meaning to the provisions of Constitution to serve the wishes of their respective party politburo. It is at times ridiculous to find that the very notion of justice is now be either of Awami nature or of BNP. Also, it seems that today the professional lawyers have vowed to establish that BNP rule of law is better than Awami rule of law or vice versa.

It is stated that such trend of politicisation of the legal profession should be consciously discouraged. Otherwise, it would cause some irreparable harm to the legal profession in future. First, the social image of lawyers would move from one of 'legal experts' to the one of 'political puppets'. Second, certain activities undertaken in the court premises in furtherance of party-political interests, would erode people's trust in the justice delivery system and also, in legal profession. Third, indiscriminate involvement in party politics would surely make the lawyers to compromise on their professional duties towards the court, their client, and their colleagues and as such, to the society. Fourth, it would set a very bad trend for new generation lawyers who are expected to learn 'professionalism' from their learned seniors.

It is, therefore, high time that legal profession, as a whole, realises the importance of guarding its own professional reputation. A lawyer, being a respected professional, should be in a position to express his views and to criticise the wrongdoings in the society independent of any party politics. A real lawyer should find it shameful to serve as a puppet in the hand of the political parties. Moreover, he should never ever let his professional place and position to be used for pandemonium of any particular political party.

 

The author is an Assistant Professor of Law at BRAC University School of Law and the Executive Director of LawDev (Bangladesh).

 
 
 


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