Tuesday, January 25, 2011

Dr. Uttam Das working for reform of legal education



Dr. Uttam Kumar Das, a Human Rights Lawyer in Bangladesh has been working for reform of legal education.

He was a Hubert H. Humphrey Fellow in the year 2009-2010 and was affiliated with the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A.

His focus was on "Laws and Policies Related to Labor Trafficking in the United States of America." As part of the Fellowship, Dr. Das volunteered for the Refugee and Immigrant Program at the Advocates for Human Rights, an international human rights organization in Minneapolis.

Dr. Das is admitted as an Advocate (Attorney) in the Supreme Court of Bangladesh and is providing pro bono legal advice to promote rights of migrants, refugees and victims of human trafficking. He also lectures regularly on human rights issues at law schools in Dhaka.

He has organized two regional seminars in Dhaka on “Ethics in Legal Profession" and "Legal Education in South Asia," respectively on January 15 and January 16, 2011 under the banner of the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). Dr. Das is now working as the Deputy Director at SAILS.

The seminars brought together the Law Minister, Chairpersons of National Human Rights Commission and Law Commission of Bangladesh, policy makers from Bar Council and renowned jurists and legal academics among others from Bangladesh, India, Nepal and Sri Lanka.

Major newspapers in Bangladesh gave significant coverage of the programs; link of a relevant report: http://www.thedailystar.net/law/2011/01/04/event.htm

"The aged-old legal education in Bangladesh needs drastic reform and standardization to meet the need of the time," says Dr. Das.

According to him, "legal education should be human-centric and practical which could be able to contribute to pro-people justice system." He is also advocating for incorporating human rights issues in legal curriculum, and contributing to national newspapers on the issue.

He has been liaising with the legal academics, law schools, Bar Council, Law Commission and National Human Rights Commission for the reform.

Dr. Das is a visiting faculty to the Kathmandu School of Law in Nepal. He runs a blog as well; link: http://udas1971.blogspot.com.

He has been invited to present key note papers at symposiums in the capital recently organized by the largest NGO, BRAC and migrant rights organization, WARBE Development Foundation.

Dr. Das was part of a three-member technical team commissioned by the International Organization for Migration (IOM) in 2010 to draft a comprehensive law on human trafficking. The draft law is now under the review of the relevant ministries. The Government of Bangladesh is likely to adopt the law soon as an Act endorsed by the National Parliament.

He formally worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM).

Dr. Das got his Doctor of Philosophy from the Institute of Bangladesh Studies (IBS) at the University of Rajshahi in Bangladesh. He is now scheduled to get his second LL.M. (Master of Law) with concentration in International Human Rights Law from the University of Minnesota Law School.

Law Event: Introduce ethics in legal curriculum*


Dr. Uttam Kumar Das

Presenters, discussants, designated guests and participants at two seminars recommended to introduce ethical issues in the curriculum of law schools and bar examinations. They also recommended an immediate reform of legal education in Bangladesh and urged for a Legal Education Council to monitor and streamline standard of legal and justice education. The seminars also urged for introducing courses on comparative study of South Asian Laws and Constitutions to promote regional cooperation and unity.

It also recommended expanding opportunity to study law and human rights in the country. Dhaka-based organization, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) organized two seminars on “Ethics in Legal Profession” and “Legal Education in South Asia,” respectively on 15 and 16 January 2011 at city's BRAC Center Inn. Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs was the Chief Guest at the closing session of the seminar on 15 January. Advocate Abdul Baset Majumder, Vice-Chairman of Bangladesh Bar Council was the Guest of Honour. Eminent Jurist and Chairperson of SAILS, Dr. Kamal Hossain presided over the session.

Professor Dr. M. Shah Alam, Chairman of Law Commission was the Chief Guest at the opening session on 15 January while presided over by Professor Dr. Yubaraj Sangroula, Executive Director of Kathmandu School of Law (KSL) in Nepal. Professor Dr. Mizanur Rahman, Chairman of the National Human Rights Commission of Bangladesh was the Chief Guest at the closing session of the seminar on “Legal Education in South Asia” on 16 January while Professor Dr. Ainun Nishat, Vice-Chancellor of BRAC University was the Special Guest. Dr. Kamal Hossain presided over the session as well. Country papers on legal education were presented by Professor Dr. M. Shah Alam, Chairman of Law Commission of Bangladesh and Professor M. Zakir Hossain, Dean of the Faculty of Law, University of Chittagong covering Bangladesh; Professor Dr. Deepika Udagama, University of Peradeniya on Sri Lanka; Professor Dr. Yubaraj Sangroula, Executive Director of KSL on Nepal and Dr. Clearance J. Dias, President of the New York-based International Center for Law in Development on Indian legal education.

Dr. Abdullah Al Faruque, Associate Professor and former Chairman of the Department of Law, University of Chittagong; Dr. Faustina Pereira, Director of Human Rights and Legal Service (HRLS) Programme of BRAC and Dr. Naim Ahmed, Advocate of the Supreme Court of Bangladesh were panel discussants.

Barrister Shafique Ahmed said that for an effective justice system there is a dire need for competent, skilled, honest and sincere lawyers and judges. For this legal education and professional trainings could play a pivotal role. He emphasized on the professional integrity and sincerity of lawyers and judges to ensure justice for poor people. Rejecting the criticism on having over increasing number of lawyers, the Law Minister said that for a country with 160 million people 40,000 or so number of lawyers is not excessive. Rather we need more of them. However, at the same time we have to look into the standard of law graduates who are joining bars and benches; and how sensitive they are to work for the cause of human rights and justice, he opined.

Professor Mizanur Rahman recommended for a model law university in Bangladesh which would go beyond traditional approach and would teach law covering its broader meaning and concepts which would include people's culture, diversity, rights, aspiration, and hope among others. He also emphasized on the practical teaching of law.

Law Commission Chairman, Professor Dr. Shah Alam urged for more active role of Bangladesh Bar Council in standardizing legal education and promoting ethics in the profession. He also recommended for creating separate cadres for judicial and legal services. Dr. Alam said that if we failed to standardize our legal education immediately incorporating high ethical values and moral standards among others, as a nation we would suffer in future. He urged the government to establish a model law university on the basis of best practices already there in countries like India and Nepal. Referring to aged-old curriculum, Professor Yubaraj Sangroula of KSL said that legal education should not be confined to studying of legal rules and law books only; rather it should be inter-disciplinary and have links to various issues of the society and people. Professor Zakir Hossain of the University of Chittagong urged to set up a national vision for legal education in the country. He also recommended for special training programmes for lawyers and legal professionals and initiate collaboration among law schools, National Human Rights Commission, Law Commission and Judicial Administration Training Institute (JATI). Dr. Kamal Hossain, Chairperson of SAILS, urged for streamlining and standardizing legal education in Bangladesh. He emphasized on the need of consensus, strategy and initiatives immediately in this regard. “We all have to stand up against bad practices in the legal and judicial system,” he said. He also emphasized for establishing a South Asian Law University in Bangladesh. SAILS also felicitated Professor Dr. Mizanur Rahman for being honored with “Professor N. R. Madhava Menon Best Law Teacher Award 2010.” SAILS Chairperson Dr. Kamal Hossain handed over a crest to Professor Rahman at the closing session of the seminar on legal education.

The writer is Deputy Director, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).

*Originally appeared in The Daily Star (Law & Our Rights Section), January 22, 2011; link: http://www.thedailystar.net/law/2011/01/04/event.htm