Specific Performance In Bangladesh

1. Introduction:

Corruption is a common problem around the globe. Corruption is less in developed countries rather than developing countries. In Asia corruption is on an alarming situation, not least of all in Bangladesh. People who live in Bangladesh tolerate corruption everyday. They are reluctant to believe that they will ever see a change. The speaker of parliament claimed before the media on 28 December 2009 that, all corruption he found in parliament has been curbed, but he also said it as not possible to eliminate corruption in full. In Bangladesh corruption is taken as a way of life that cannot be dodged. Corruption has been institutionalized here. Every privet and public institution corruption is practiced shamelessly. This is why Bangladesh has come in with the highest global corruption on several occasions by the ranking of Transparency International. As one of the poorest countries of the world Bangladesh faced a lot of problems to attract foreign investment in a business environment because of mass corruption, cumbersome regulations in and an inconsistent and publicized approach to the rule of law. For several years Bangladesh has been at the bottom of numerous accountability, transparency and corruption indices. In 2007-2008 Bangladesh’s military-backed Govt. implemented a step of widespread institutional reform and, aggressively tackle the county’s high levels of corruption, resulting in the conviction of corrupt businesspeople, politicians and high ranked officials.[1]

2. Methodology:

My goal is to get as relevant information that will be useful for the assignment. At this point of time, I have collected secondary data. It is necessary to be sincere while collecting these data and I tried my level best to achieve my target with honesty and hard work.

3. Hypothesis:

My hypothesis about this topic is that; the rule of law institutions on Bangladesh really worships corruption.

4. Background:

As I am working on the corrupted sides of Bangladesh’s rule of law institutions, first it as necessary to understand the concept of corruption. So I am giving some definitions of corruption, its general classification, effects, and environment in the background part.

4.1 Definition-

Giving or obtaining through means which is illegal, unethical, and incoherent with one’s duty or the rights of others.[2]

4.2 Definition by Transparency International (TI)-

A corruption is operationally defined as the mistreatment of entrusted power for private gain. TI also differentiates between ‘according to rule” corruption and “against the rule” corruption. Facilitation payments, where a bribe is paid to receive preferential service for something that the bribe recover is required to do by law, constitute the former. On the other hand, the latter is a bribe paid to obtain services the bribe receiver is prohibited from providing.[3]

4.3 Classification of corruption:

The general classification of corruption is given below;

Bribery

A payment that is given to a Govt. official personally, in exchange of his or her use of official powers is called bribery.

Governmental corruption of judiciary

It includes governmental expenditure on the courts, which is completely fiscally controlled by the executive. This undermines the principle of checks and balances and critical financial dependence on judiciary in the form of privileges-cars, houses, expenses, etc. This sort of system is totally outside the realm of transparency and creates a precedent for the corruption of the judiciary by executive authorities.

Nepotism and cronyism

Favoring relatives (nepotism) or personal friends (cronyism) of an official is a form of illegitimate private gain.

Trading in influence

It refers to the situation where a person is selling his /her influence over the decision process involving a third party (person or institution). The tri-lateral relation is the difference between bribery and trading in influence.[4]

Patronage

Patronage refers to favoring supporters (Govt. employment). This may be acceptable, as when newly elected Govt. changes the top officials in the administration in order to effectively implement its policy.

Electoral fraud

Electoral fraud is illegal interference with the process of an election.

4.4 Risk of corruption

  • There are lots of risks of corruption through out the world which can cost people’s freedom, health or money. In the worst case scenario corruption can cost people’s precious lives.
  • Corruption also can become a threat to the natural resources and eco system.
  • International relational relations and foreign investments also can be in danger by corruption.
  • Negative change in moral and ethical perception also can be caused by corruption on family to national level.

4.5 Environment where corruption can thrive in[5]

  • Weak rule of law
  • Weak legal profession
  • Weak judicial independence
  • Lack of government transparency
  • Lack of timely financial management
  • Lack of time management
  • Self-interest based thinking
  • Missing institutional power
  • Obscure decision making
  • Weak civil society
  • Unequal distribution of wealth

There are many more factors that give corruption a positive environment to live in.

5. Data presentation and analysis:

5.1 Current situation of law institution in Bangladesh:

The rule of law institution on Bangladesh is very much corrupted as the law makers and law service providers are corrupted themselves. Corruption is an open secret in the court and judiciary system. Some bench officers of the High Court division take bribes from 500 to 1500 taka just to push up cases up the queue on the daily cause lists. Though the all are lawyers and suppose to work to establish the truth, most of them can not resist violating the law. When the cases are posted in the daily cause list of high Court Division normally a case will not be produced before a judge if 200-300 taka are not given to the custodian of the files.

Many High Court judges are accused of being selective in the lawyers to whose clients they grant relief; some lawyers take conditional fees, giving security or assurance for amplification of bail.[6]

A lawyer must wait for 3, 7 or 15 days to get matters heard after filing a writ or criminal motion, but if the lawyer gives some bribe to the bench officer it can be heard on the same day and if the amount is high then it may be heard then and there. At the same time there is a huge bribery occurs to get the certified copy of a judgment or order.

There is a lot of suffering for litigants on the reconstitution of high Court bench. On the other hand there are no specific rules or procedures to reconstitute benches. Dishonest bench officers get opportunities to earn money on the plea to keep a matter at the top of the list to prevent it being pushed back to a latter date. In the early days the benches where reconstituted once or twice in a year. The frequent changes in court allow personnel to indulge in corruption and also serve dark political interest. There should be a committee and rules in this regard.

The lower judiciary of Bangladesh has earned a very bad name and lost the confidence of litigants. From the magistracy to additional district and session’s judge level, most judicial officers are reported to have taken bribes and this corruption should be stopped immediately. Prosecutions are also run in a highly politicized and corrupt manner. Everyone is busy doing things for their own benefit.

5.2 Lavish life-style of high officials and Govt. officers:

By looking at the facilities awarded to parliamentarians, high officials and senior Govt. Officers no one would think that Bangladesh is a poor country. Allocation of land in capital city, tax-free prestigious cars, concession air tickets and other remuneration are among a few of things given to those persons on the excuse that they are people’s representatives or public servants.

Eminent lawyers, journalists, important businesspersons and elected office bearers of the Bar Association, Chamber of commerce and other non –governmental organizations engage in another type of corrupt practice. They use their high profits and social positions to take benefits from their respective professional fields.[7]

5.3 Laws in Bangladesh related to Corruption elimination:

There are many laws in Bangladesh to prevent corruption, such as the Anti-Corruption Commission Act, 2004; Money Laundering Act, 2002; Tax Ordinance Act, 1984,; Bangladesh Government Servants (Conduct) Rules, 1979; Criminal Law Amendment Act, 1958; Prevention of Corruption Act, 1947 and some sections of Penal Code. There are some special courts and tribunals to deal with corruption cases.

5.4 Bangladesh lack Anti-Corruption Courts:

In Bangladesh, there are no special courts on anti-corruption. At Zeal level (sub-district), judges who deal with corruption cases are called special judges. But, they are part of the whole judicial process. But a light of hope is that TIB has prepared a working paper on the proposed of an Independent Anti-Corruption Commission.

5.5 Corruption among the police officers:

Police department is another important law institution. But in Bangladesh, these law protectors turn into law destroyers. As a result law enforcement is not strong enough. Officers-in-charge of 22 Dhaka Metropolitan Police station protects criminals in return for heavy amounts of cash, said government intelligence agency in its recent report. Officers also take money from owners of hotels, guesthouses and even apartments and allow them to carry on anti-social and criminal activities. There are numerous articles and reports are published in the daily news papers about police corruption such as; sole objective of police sergeants is to take money from bus drivers; Mob justice; mugging; etc.[8]

5.6 How corruption is increasing in Bangladesh?

The reason behind increasing corruption is not clearly definable. It is a act to achieve personal gain. But the facts that are influencing it can be marked;

  • Increasing number of population
  • Lack of accountability
  • Nepotism and favoritism
  • Growing poverty
  • Unequal distribution of wealth
  • Lack of ethical education
  • Self-concentrated activities and thoughts
  • Religious values are overshadowed by dishonesty
  • Small number of honest politicians
  • Lack of proper implication of law

6. Summary of Research Findings:

From my research I found out that my hypothesis was right that, the rule of law institutions on Bangladesh really worship corruption.

Bangladesh could not make its anticipated progress because of unskilled politicians and corrupt bureaucrats.

Bangladesh trade body demands removal of “corrupt” lawmakers.

“Corruption” is increasing in Bangladesh only because of every people of this country is corrupted directly or indirectly.

Not all politicians, bureaucrats, Govt. officials and high level officers, lawyers are corrupted. There are people in Bangladesh those are doing their work honestly and properly, but there number is few.

7. Suggestion:

The current situation of corruption is very alarming. Corruption has spread its wings everywhere. So to me some positive changes can be made to improve current situation but it could be possible only if we start working from the root level and end on the highest level. Some suggestions are given below;

7.1 Family education against corruption-

  • Building a family that dose not believe in corruption
  • Earning members of the family should be honest
  • Giving knowledge among the children about the dark side of corruption

7.2 Politicians should be honest-

  • The disintegration of politics breeds dishonest politicians
  • Politicians should think about the betterment of the citizens
  • Dishonest politicians should be boycotted

7.3 Nepotism and favoritism should be avoided-

  • Govt. Officials, high level officers should perform their duty perfectly and treat everyone equally until he/she is on work

7.4 Focusing on religious values-

  • No religion promote corruption the all promote honesty
  • As 87% of Bangladeshi belongs to Muslim community so they should remember the term

‘Halal Ruzi’ (honest livelihood).

7.5 Education against corruption-

  • Providing knowledge against corruption from the primary level
  • Developing a University course on Anti-Corruption
  • Youth program on honesty and integrity
  • Workshop for teachers to introducing Anti-corruption concepts

7.6 Role of media-

  • Media should start promoting honest people not corrupted people
  • Workshop on investigative journalism
  • They must write the truth
  • Establishing media Network against Corruption

7.7 Social unity against corruption-

  • Social unity should be created and consistently work against corruption
  • Society should hate both corruption and corrupted people

8. Conclusion:

Never the less corruption continues to be widespread at all administrative levels. Corruption has no conscience. When allow spreading, its corrosive effects destroy trust and fuel injustice. The people of Bangladesh want to give up their pessimistic ideas and views, and they are eager to see the introduction of new measures to eliminate corruption. Current Prime Minister Sheikh Hasina has emphasized her determination to eliminate corruption from Bangladesh. I hope in near future we will see this objective realized.

Bibliography

……………………………………………………………………

style=”text-align: justify;” size=”1″ />

[1] http://www.ti-bangladesh.org/

[2] www.allfreeessays.com/topics/community-thrives-at-library/1260

[3] http://www.ti-bangladesh.org/

[4]www.wikipedia.com

[5]www.allfreeessays.com/topics/community-thrives-at-library/1260

[6] http://www.ti-bangladesh.org/

[7] http://www.ti-bangladesh.org/

[8] Daily Star, November 8, 2004

[8] Editorial, The Independent, November , 2004

[8]Editorial, Bangladesh Observer, November 29, 2004

Correspondence

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

Email-admin@lawyersnjurists.com/nomaer@hotmail.com

www.lawyersnjurists.com

Country code+ Ph No.

Ph:0088-02-9571389; 0088-02-9513408,

0088-02-9564329, 0088-02-9564398

Direct cell with country code:

Local Code :

a)0088-01733689444

b)0088-01674647033

C)0088-01552632768

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.