A presiding officer counts votes at a voting center after the session has ended in Dhaka, Bangladesh, December 30, 2018. Photo: Collected.
Most laws are enacted to implement a government policy or close a loophole in an existing law. People all over the world take advantage from the system. The legal system in Bangladesh allows a defendant to seek a stay order from the High Court, permits a candidate to run for an office from multiple constituencies in a parliamentary election, and requires a job seeker to face a viva voce in the government recruitments. Furthermore, the victims of damages and injuries caused by negligence do not have a straightforward legal remedy to pursue.
The above issues are the salient features of the existing system, and these must be analyzed to find out whether any loopholes exist in these issues. A defendant rightfully seeks a high court stay order to gather some exculpatory evidences. Thus, obtaining a stay order from the High Court for about a year does not delay a disposal significantly. However, if the stay order is over a year, this prolongs a disposal. A stay order should not have a place for an indefinite period.
Upon expiration of the stipulated time, the stay order must be removed automatically without requiring one to file a removal petition. Thus, the government prosecuting agencies like Anti-Corruption Commission will face fewer hinderances and stonewalling when seeking an adjudication.
When an electoral candidate is allowed to run for multiple constituencies in a parliamentary election, the probability of winning from one of them is very high. Securing the nomination to run from several constituencies simultaneously is premeditatedly advantageous. This permissibility is a loophole that allows a candidate to entrench power.
No one should be allowed to run for more than one constituency simultaneously. If this is adopted, the election would be competitive, and the candidate will be more concerned about the will of the constituents and pay attention to their needs. Now is the propitious time to analyze this issue because lots of discussions are going on regarding the electoral reforms.
Viva or Viva Voce is a spoken examination used to select a government job seeker. This viva requirement is a major source of discrimination and unethical proposition. Hiring must be done based on the test scores. The highest written test score should be factored in when selecting a candidate. Candidates entitled to the quota privilege should also not face any Viva. Once candidates are chosen based on a benchmark test result, the applicants’ transcripts, better known as marksheets and other necessary information can be verified while on probation.
Viva is a subjective assessment process. It allows an interviewer to apply personal liking and thinking. For example, some are influenced by esthetics more than merits. A Curvaceous candidate might get more attention than a meritorious one. If the Viva policy is abolished, the hiring policy will be unambiguously transparent and free of discrimination and prejudice. Some say it is better to use a machine to avoid bias and prejudice. The machine selection would be less tendentious. Now is the time to evaluate the necessity of the Viva system.
In the developed countries, negligence is treated seriously. In courts, most lawsuits are filed for the negligent acts of an individual or any business entity. The regulatory authorities require to have an Error and Omission or a liability insurance depending on the nature of a business.
Business owners and service providers bear in mind that if the owner or any employees of the company engage in a negligent act, they will be sued for their carelessness. Thus, everybody owes a duty to give a standard care to the customers or clients.
Medical negligence or malpractice is considered serious, among many others. If a malpractice is proven in a court, the insurance company pays the monitory compensation the court awards the victim. So, hospitals, doctors, and dentists exercise their utmost standard care when treating a patient.
In Bangladesh, the issue of malpractice must be considered seriously. Since there is no apparent recourse to seek redress for an entity’s negligent act, the victims do not pursue any monitory or punitive damage from a court. When a victim files a Writ at the High Court, in some cases, the victim is awarded a financial compensation.
Indigent people cannot file a Writ due to financial constraints. Thus, there should be an explicit legal section to invoke for seeking a compensation in the event of a medical negligence. A system of insurance protection must be devised for the service providers. Once the insurance company takes the responsibility for the compensation payments, businesses and practitioners will have a peace of mind in case of a monitory award is imposed by a court.
A fair and a manipulation-free election is indispensable for a democracy. A manipulative election is detrimental for any country, and it smolders the concerned citizens. When citizens can cast their votes in an orderly manner, they can express their will. It is axiomatic that the will of the people is paramount. Thus, way must be found for ensuring the voting rights. A voting opportunity allows citizens to render their verdict toward the governmental performance. However, mere a free and an acceptable election do not deliver any real benefits to populace when the existing system remains the same.
Imagine, a party legitimately forms a government through the voting mandate. This mandate will allow the ruling party to continue the work in the old ways. For example, the new position holder can instruct an officer to do something for his people. Since the existing system does not require any kind of orders and inquiries must be in writing, the officer in most cases tacitly follows the order. So, the condition remains the same. A system must be created where officers will only response when an inquiry will come in writing only.
An officer must not face any intimidation, sudden transfer, and negative marking due to the refusal of any verbal instructions. An institutional autonomy is needed to increase employees’ morale. If this kind of policy is adopted, instructions to do something will be reduced because a written order stays in the file for a future audit. Any improvement requires a change or doing things differently. Thus, an utmost importance must be given to overhaul the existing system that contains loopholes. When the loopholes are closed and the system is changed, citizens will receive hassle free services, and the government will earn plaudits from citizens.
Actions are required to close loopholes. Ideas without action are delusions. Taking the first step makes it difficult to get started on anything. Thus, an affirmation that the longest journey begins with a single step will give a momentum to act.
The writer is a designated Payroll Compliance Practitioner (PCP) based in Vancouver, Canada. He can be reached at: [email protected]
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