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BRAC Research Report December 2011 Sharin Shajahan Naomi Seikh Tariquzzaman BRAC Centre, 75 Mohakhali, Dhaka 1212, Bangladesh Tel: 9881265, 8824180-7 (PABX), Fax: 88-02-8823542 Email: [email protected], Web: www.brac.net/research Modifying Human Rights and Legal Education Course for Human Rights and Legal Services, BRAC SOCIAL
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Page 1: Modifying Human Rights and Legal Education Course for Human Rights and Legal Services, BRAC

BRAC Research Report

December 2011

Sharin Shajahan NaomiSeikh Tariquzzaman

BRAC Centre, 75 Mohakhali, Dhaka 1212, BangladeshTel: 9881265, 8824180-7 (PABX), Fax: 88-02-8823542Email: [email protected], Web: www.brac.net/research

Modifying Human Rights and Legal Education Course for Human Rightsand Legal Services, BRAC

SOCIAL

Page 2: Modifying Human Rights and Legal Education Course for Human Rights and Legal Services, BRAC

Modifying Human Rights and Legal Education Course

for Human Rights and Legal Services, BRAC

Sharin Shajahan Naomi Seikh Tariquzzaman

December 2011

Research and Evaluation Division BRAC Centre, 75 Mohakhali, Dhaka 1212, Bangladesh

E-mail: [email protected], www.brac.net/research Telephone: 9881265, 8824180-87

For more details about the report please contact: [email protected]

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ABSTRACT

In 2007, BRAC Human Rights and Legal Services (HRLS) programme conducted focus group discussions (FGD) in four areas of Bangladesh to comprehend the possible changes in the curriculum and the schedule of human rights and legal education (HRLE) course, and to have a guideline for an effective HRLE course. FGDs were conducted among the groups of learners, programme organizers (PO), staff lawyers (SL), local community leaders (LCL) of HRLS programme and male groups. This report is based on the key findings of those FGDs. These findings constitute the importance of different laws in the existing contents, reasons behind such importance, proposed schedule, problems faced in the course, and recommendations for HRLE course suggested by different groups. For giving more importance to any particular content, groups have stated the relevance of the content in their daily lives. POs, SLs and shebikas have recommended the duration of the course for twelve days and to reduce the allocated hours for each class. The problems faced in the course were mainly related to learners and shebikas, for example – less salary of the shebikas, lack of incentive for the learners, etc. The recommendations for a better HRLE course include improving the delivery method of the course, adding new laws, increasing the salary of the shebikas, etc.

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GLOSSARY Ain shiksha shahayika Guide for learning law

FGD Focus Group Discussions

HRLE Human Rights and Legal Education

HRLS Human Rights and Legal Services

Iddat kal The period of three months immediately after pronouncing talaq (divorce) by husband

LCL Local Community Leaders

Learners Trainees of HRLE training session

Nari-o-shishu nirjatan daman ain Laws for preventing violence against women in Bangladesh

Pinda A mixture of rice, honey, sacred water, milk, banana etc made by the shapindas

for performing the ritual for peace of the soul of a dead person (in Hindu religion)

PO Programme Organizer

RED Research and Evaluation Division, BRAC

SL Staff lawyer of HRLS

Shapinda Those who can offer pinda, and those who can accept pinda, are each other’s shapinda in Hindu religion. In another words, for a dead person, male relatives in both three upper levels (like grandfather, great grandfather) and lower levels from both father’s side and mother’s side are considered to be shapindas.

Stri dhan According to Hindu religion, it is a type of women’s property where she can exercise legal ownership

Shebika They are the para legals of HRLS programme and give training to the learners of HRLE course

Shraddha A ritual in Hindu religion for peace of the soul of a dead person

Talaq Divorce

VO Village Organization

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INTRODUCTION

BRAC has always endeavored to bring about constructive transformation in the quality of life of the poor people through multifaceted development interventions. In 1986, a BRAC study on power relations revealed that conflicts and tensions in rural societies are mostly linked to land, human rights violations and violence against women, and poor people are denied justice for their financial constrains. This finding motivated BRAC to introduce the paralegal programme in 1986, which later on was renamed as human rights and legal services (HRLS) programme. The aim of the programme was to make BRAC’s village organization (VO) members as well as others in the community aware of their basic rights and to educate them on the rudiments of laws that having direct bearing on their lives (BRAC 2006).

Initially, the programme aimed at providing training to the group member for five days on Family Law, citizen rights, Land Law and the Muslim laws of Inheritance1 (Abdullah et al. 1992). The initial plan was to train the ‘slightly educated’ persons in each village on those laws so that they could give advice if any of the targeted conflict situations would arise. Five training manuals were developed on the subjects – paribarik ain (Family Law), uttaradhikar ain (Inheritance Law), bhumi ain (Land Law), shangbidhanik ain and nagorik adhikar rakshay ain (Constitutional Law and law for protecting citizen’s rights). Each manual incorporated definitions and descriptions of the relevant legal concepts of that subject. For example, the Family Law manual contained definitions and descriptions of marriage, divorce, dowry, etc. Each manual had a chapter titled ‘proshikshak shahayika’ as a guide to the trainers.

Since January 1989, legal education training session started. Each session had

twenty five trainees and a shebok/shebika (for conducting the training). The duration of the training was for twenty eight days. In 1999, a teacher’s guide titled ‘ain shiksha shahayika’ was introduced for shebok/shebikas detailing out the aim of each lesson and the steps to be followed in conducting the sessions.

In 1995 this paralegal programme was developed into human rights and legal

education programme (HRLE) to focus on legal rights and remedies to the group members. The third stage of change came in the programme in 1998 adding the legal aid components. Then the programme started to be known as HRLS programme.

At present, HRLS programme has 541 Legal Aid Clinics in 61 districts of

Bangladesh. Since, 1998, the Legal Aid Clinics received 82,734 complaints, conducted 23,689 alternative dispute resolutions, and dealt 11,003 court cases. During 1986 to 2007, 1, 45,893 poor women completed the HRLE course (Human Rights and Legal Service Program, A presentation by Faustina Pereira).

The key objectives of the present HRLS programme include (Hossain et al. 2007): • Giving information to VO members and more generally to the rural poor about their

legal rights and remedies

1 The title of the laws in HRLE course do not refer the exact name of the codified law, e.g. ‘the Muslim Family Laws Ordinance, 1961’. It connotes to a particular theme under which the information about the relevant laws are provided.

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• Demystifying the law for the poor

• Raising awareness about legal rights, and

• Empowering the rural poor, in particular women, to take legal action to secure their rights

The legal education classes are now conducted on seven laws for twenty days.

The seven laws are: Muslim Family Law, Hindu Family Law, Constitutional Law, Criminal Law, Muslim Inheritance Law, Hindu Inheritance Law and Land Law. The learners are all women VO members of BRAC and twenty five learners are taken in each class. The shebika, who is the trainer of HRLE class, is selected from VO members2 and gets the training to conduct the class. The training covers seven key areas of law dividing the book ‘Manobodhikar O Ain Shiksha Sahayika’ (Human Rights and Law Learning Guide) into twenty parts on seven laws.

In August 2007, HRLS programme emerged as an independent programme with

several restructured components. The revised programme had unwrapped ample prospects for further scrutiny of the existing schemes of different components which included reshaping HRLE to make it more effective.

In the year 2007, a review is conducted on behalf of the HRLS programme, as a

part of an internal stocktaking of successes achieved and challenges faced. The report stated that the effectiveness of HRLE class might need further scrutiny in terms of communicating knowledge and understanding of legal rights (Hossain et al. 2007). The recommendations of the report included: 1. Altering course content

2. Improving the curriculum content and methods

3. Developing more participatory process for running the class

4. Updating and rationalizing materials

5. Changing the class schedule

6. Including men in the class

7. Ensuring greater stake in the class

8. Evaluation of class content and methods.

The recommendations strongly suggested for reducing the time period of HRLE classes from twenty days. This particular recommendation was the dominant factor to rethink over the existing curriculum. The report emphasized that ‘regarding setting the timing of the HRLE class and schedule, it is important to prioritize the VO member’s views and availability’ (Hossain et al. 2007, p.50).

Motivated by the recommendations of the report and to find out an effective HRLE course, HRLS outlined two goals: 1. Bring a constructive change in the contents and curriculum of HRLS courses and

its schedule 2 Since March 2007, they are selected from among the two years old ultra poor members of the ‘Targeting

the Ultra Poor’ programme of BRAC.

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2. Envision a strategy for an effective HRLE for the learners To comprehend the point of possible changes in the curriculum, the time schedule

of HRLE for the benefit of the learners, and to have the guidelines for an effective HRLE, HRLS decided to organize Focus Group Discussions (FGDs) in four areas of Bangladesh. Two resource persons from BRAC, Research and Evaluation Division (RED) have been called upon to facilitate the FGDs.

The FGDs were conducted in a very short time with the particular intention to tailor

the existing curriculum within a practical time. At the same time, these FGDs were shaped in such a way that an entire outline for an effective HRLE could come out keeping linkage with the main objectives of the study. According to the demand of the programme, importance has been given on the content of curriculum. OBJECTIVES OF THE STUDY HRLS programme had an intention to tailor and modify the contents of HRLE within a short and reasonable time. It included curtailing some existing contents and incorporating new contents. For this purpose, HRLS wanted to hear learner’s views about these contents in a way which would ultimately assist the programme to come to a decision for tailoring the content. At the same time, programme wanted an overall glimpse which can be useful to vision an effective HRLE course. RED team took these FGDs as the initial stage of their main study on ‘sketching the scheme of an effective HRLE from three points: the extent and content of the curriculum, delivery method and the participation of the learners with analytical skills of legal rights’. The objective of the main study was to explore: 1. The possible changes in the extent and content of existing curriculum of HRLE

course and its time schedule 2. Strategy for an effective HRLS on the basis of delivery method and participation of

the learners with analytical skills LIMITATION Although FGD was an efficient tool for identifying the more important and less important laws for the learners, probably survey along with information derived on ‘likert scale’ would have been more efficient to pursue the same objective. Trainers who prepared the field report for the RED team were very cooperative, still their reports lacked researcher’s insight because of their non research background.

Twenty five FGDs were conducted covering four areas in fourteen days including travel, data collection and analysis, and presentation. As a result, the views of local community leaders and male groups could not be focused adequately.

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METHODS The study areas were selected by the programme to cover four parts (north, south, east and west) of Bangladesh. The areas for FGDs were: • Narayanganj

• Rajshahi (Poba)

• Jessore (Jhikhorgachha)

• Chittagong (Anwara)

The team conducting FGDs included thirteen persons (eleven from HRLS programme and two resource persons from RED). Among the eleven persons from HRLS, there were ten trainers drawn from all over Bangladesh and one senior staff lawyer from the head office.

Researchers designed the checklists giving priority to the requirement of the

programme and assisted HRLS team to conduct FGDs on the checklists. After each FGD, facilitators gave report on the particular FGD and those reports were used in preparing the final report. In most of the time, trainers conducted the FGD and researchers participated as observer. In some FGDs, researchers acted as facilitators.

As the intention of the study was to work on the content of the laws and to have an

idea of the effective HRLE for the learners, the main target group was learners. At the same time, shebikas, POs and staff lawyers were considered to be the reliable source for knowing the views of the learners. FGDs were also conducted with the groups of male and local community to get their ideas for an effective HRLE, and for the guidance of the next stages of the main study.

Five different checklists were prepared for five different groups considering their

different interaction with HRLE. For example, shebika groups were directed to talk on each content more specifically as they were supposed to know the pros and cons of the contents of the course. On the other hand male groups were given the general topic as they did not have any direct interaction with HRLE course. The groups of POs and shebika were specially directed to talk on the points from learner’s view. All the groups were directed to talk on the issues keeping in mind the beneficial interests, demands and expectations of the learners. They were also suggested to consider the frequent occurring events in the society where the laws need to be applied, and the need of a particular law in the society.

Each FGD continued for one and half hour. During the conduct of the FGD, after

one hour of discussion, the groups used to come to a conclusion on a particular law of the curriculum. The rest half an hour was allocated for discussion on recommendations, problems and time schedule. The study selected those contents as more important laws and less important laws from the entire curriculum on which the groups in three areas out of four maintained a consistent view.

Trainers and senior staff lawyers were supposed to work on the curriculum later.

Considering their work, checklists were made and trainers were instructed in such a

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way that during the session of the FGD, trainers and senior staff lawyer could perceive the views of the learners directly. Table 1. Sampling at a glance Name of the group No. of participants No. of FGDs PO 36 5 Shebika 38 5 Learners 44 5 LCL 44 5 Male group 43 5 Total 205 25

The book ‘Ain Shiksha Shahayika’ had twenty chapters for HRLE training. Three

groups delved into the existing contents of the curriculum in details on the basis of less important and more important contents. These three groups were:

1. Learners

2. Shebikas

3. POs and staff lawyers

As these three groups dealt with the existing curriculum intimately, their thoughts regarding the importance of the contents were used to view the separate chapter of the existing curriculum. Each chapter had several contents. Like in the chapter ‘Land Law’, there were contents like law regarding barga, khas land, etc. The three groups were directed to identify ‘the less important’ and ‘the more important contents’ of a chapter. Later, the identified ‘less important contents’ were suggested for more scrutiny. Some groups did not go for the division on the basis of two types of importance for some chapters. These chapters were recommended to keep ‘in a gist’ making the contents more specific and precise.

Another aspect related with the curriculum issue was the time schedule. If some

contents would appear to be less important, got recommendations to be imparted in gist or not be kept in the curriculum, the duration of the training inevitably was supposed to be shortened. Then the question came – to what extent it is to be curtailed? For this answer, we approached to shebikas, POs and staff lawyers. Shebikas as trainers of the course were considered to be the most prudent ones to give the directions regarding the fact that how long they could take the class on the tailored contents. POs and staff lawyers were asked for confirming these suggestions of the shebikas. Lastly, assistance from male groups and local community leaders were taken to have a glimpse of their concept on the contents of the curriculum and entire HRLE Course.

In FGDs, it was observed that the opinions of the learners were not that much

helpful to understand the importance of the different contents of the curriculum. Time management could be a factor behind this scenario. However, the groups of shebikas, POs and staff lawyers made up the gap with their constructive output and rationale thoughts. Specially, shebikas of HRLS contributed outstandingly in this matter, and without their cordial assistance the purpose of the FGDs could not be achieved.

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FINDINGS FINDINGS ON THE IMPORTANCE OF SPECIFIC CONTENT OF THE CURRICULUM FGDs regarding the curriculum were conducted for three purposes: a) Finding out the laws from the existing curriculum that need not be explained in

detail or can be imparted in gist. Later, these laws are considered as less important laws to the learners

b) Incorporation of the new laws (which are not covered by HRLE curriculum)

c) Finding out the more important and less important laws from the existing curriculum

Tables 1 to 19 show the less important laws and the more important laws

according to the suggestion of the three groups (POs and staff lawyers, shebikas and learners). The tables also show the similarity of thoughts of the three groups on a particular law, and the issues where the thoughts of the groups cross each other. It also includes the thoughts of one group regarding the importance of the laws. Muslim Family Law Lesson 1. Law, Muslim marriage and the legal conditions for a marriage Content. Existing curriculum includes definition of law, Muslim marriage, legal conditions for a marriage, punishments for breaking the legal conditions for a marriage, registration fee, legal consequences of a Muslim marriage, definition of family and Family Law, and child marriage. Table 2. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 1 More important laws Reasons for

considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Definition of law

ii) Muslim marriage and legal conditions for a marriage

iii) Punishment for breaching the legal conditions

iv) Registration fee

a) Learners need it in their practical life

b) Women need it to understand their rights

i) Legal consequences of a Muslim marriage

ii) Definition of family and Family Law

a) Everyone knows it

b) These laws are less used in practical life

• Learners

• POs and staff lawyers

• Shebikas

Respondents were unanimous on the categorization of the more important and

less important laws in the four areas. Respondents appeared to remember this section more than other chapters.

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Lesson 2. Death and birth registration, and dowry Content. Existing curriculum includes explanations of death and birth registration, privileges of registration of death and birth, time limit for death and birth registration, punishments for not registering death and birth, definition of dowry, bad effects of dowry, punishments of dowry and ways to prevent dowry. Table 3. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 2 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Bad effect of dowry and the punishment

ii) Privileges of the registration of death and birth

a) Awareness of this law will prevent dowry in society

I) Ways to stop dowry

II) Definition of dowry

a) It cannot be implemented in real life

b) They can gather enough information from media

• Less important laws were identified by learners, shebikas, POs and staff lawyers

• More important laws were told by shebikas, POs and staff lawyers

Lesson 3. Legal rules for a divorce by husband, reunion between husband and wife and remarriage Content. Existing curriculum includes legal rules for a divorce by husband, reunion between husband and wife, explanation of the claim of divorced wife, registration of talaq (divorce), ‘the process of making talaq legally effective when wife is pregnant’, reunion between registered divorced wife and husband, and marriage with third person.

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Table 4. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 3

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Legal claim of divorced wife

ii) Registration of a divorce

a) Husbands think oral declaration of divorce is enough for legally effective divorce. They should know the legal ways to proceed for a divorce

i) The effectiveness of divorce in respect of pregnant wife and remarriage

a) Already known from other sources

• ‘Remarriage’ – according to POs and learners

• ‘Divorce in respect of pregnant wife’ – according to POs, staff lawyers, learners and shebikas

• More important laws are according to POs, staff lawyers and shebikas

POs and learners were in favour to bring the laws of remarriage whereas POs,

staff lawyers, learners and shebikas were in favour to bring the effectiveness of divorce in respect of pregnant wife within less important laws. POs and staff lawyers were in favour to bring the content of legal claim of the divorced wife and the registration of divorce along with the other contents of the above chart in the portion of more important laws. Lesson. Separation by wife Content. Existing curriculum includes definition of separation, rules and process of separation, rules of separation, nine faults of husband for which separation can be claimed, legal demand of wife and iddat kal (lapse of three months after husband pronounces divorce).

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Table 5. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 4

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Rules and process of separation

a) This matter is important for enforcing women rights

i) Iddat kal,

ii) Definition of separation and the legal ways for separation

iii) Nine faults of husband for claiming separation

i) Already known from other sources

• Shebiakas, learners, POs and staff lawyers

• The nine faults of husband for claiming divorce (only shebikas told)

Only shebika groups were in favour to bring nine faults of husband within the less

important laws. They said that the content of nine faults of husband can be brought within the content of process of seeking separation, Lesson 5. Polygamy Content. Existing curriculum includes definition of polygamy, conditions for polygamy, permission from wife for polygamy and punishment for violating the rule, and bad effects of polygamy. Table 6. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 5 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Conditions of polygamy

ii) Process of taking consent from wife

iii) Punishment for not following the rules

a) It happens frequently in the society

i) Definition and bad effect of polygamy

a. Already known from other sources

• Learners,

• Shebikas,

• POs and staff lawyers

All the groups agreed on the variation of the importance of the above laws. Lesson 6. Guardianship and custody Content. Existing curriculum includes explanations of guardianship, rights and duties of a guardian, reasons for which father looses guardianship, reasons for which mother looses right to have custody of a child and explanation of the custody of a child.

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Table 7. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 6

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Responsibilities and duties of guardian

ii) Custody of the children

iii) Reasons behind loosing the custody

a) It is related to the practical problem of the society.

i) Details explanation about the role of a guardian

a. This issue has already been incorporated in other contents of responsibilities and duties of guardians

• Learners

• Shebikas

POs and staff lawyers (three out of four areas) emphasized that everything should be in gist. Hindu Family Law Lesson 7. Hindu marriage, legal conditions for a marriage, and separation between husband and wife Content. Existing curriculum includes definition of a Hindu marriage, legal consequences of a Hindu marriage, legal conditions for a Hindu marriage, problems for not following legal conditions for a Hindu marriage, separation between a Hindu husband and a Hindu wife, and legal claim of wife (having Hindu religion) during separation. Table 8. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 7 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Separation between husband and wife

a. Most of the members of the community are not aware of this right

i) Definition of a Hindu marriage

ii) Legal consequences of a Hindu marriage

iii) Legal conditions for a Hindu marriage (explanation)

a) Already known from own community and family

• ‘Definition clause’ is suggested by all three groups, and legal consequences and conditions are added by POs and shebikas

• More important laws are according to POs and shebikas

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All the three groups were in favour to bring the definition clause within less important law (in all four areas). The groups of PO, staff lawyer and shebika put legal consequences and conditions of a Hindu marriage in less important areas (in all four areas). Their contention was that during the training of the content on Muslim marriage, legal conditions and legal consequences of marriage had to come up. Shebikas included the content of separation within the less important areas. Lesson 8: Widow marriage, guardianship, maintenance and ‘minor children’ Content. Existing curriculum includes the definition of widow, definitions of adult, minor children and guardian, legal conditions for a Hindu widow marriage, Hindu widow marriage Act, and laws regarding maintenance. Table 9. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 8

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Maintenance

ii) Laws related to a Hindu widow marriage

a) To make Hindu women aware of their rights

i) The definition of adult, minor children, guardian and widow

ii) Legal conditions for a Hindu widow marriage

a) Already known from the previous lessons

b) Having less practical importance

• Less important laws are included according to learners and shebikas

• More important laws are according to POs and staff lawyers, shebikas and learners

POs, staff lawyers, shebikas and learners agreed to bring the above portion within

the more important laws. Shebikas were in opinion that as widow marriage is rare in Hindu society, only precise information can be effective for HRLS class. According to shebikas, all the information regarding the whole course can be given in gist through the above category of more important laws. POs and staff lawyer groups were in opinion to bring only definition of adult, minor children and guardian within less important laws. Constitutional Law Lesson 9: Constitution, fundamental need, fundamental right, human rights, inhuman treatment and safety in road Content. Existing curriculum includes Citizens, State, Constitutional Law, inhuman treatment, fundamental rights and needs; human rights and road safety.

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Table 10. The importance of laws, reasons behind the importance and the names of groups categorizing laws under lesson 9

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Inhuman treatment

ii) Fundamental rights and needs

a) The contents have linkage with practical life

b) Awareness is necessary to get rid of the confusion between fundamental rights and human rights

i) Citizens

ii) State

iii) Constitutional Law

a) People do not find interest in this law

b) They cannot apply it practically

• POs and staff lawyers

• Shebikas

In three areas, learners could not divide the laws on the basis of importance. Only

in one area, they gave their opinion that the definition clauses appeared difficult to them. On the other hand, laws regarding in human treatments help them a lot in practical life. Criminal Law Lesson 10. The policy of Criminal Law, responsibility and duty of police, and the duty of an arrested person Content. Existing curriculum includes importance of Criminal Law, policy of Criminal Laws, duties and limits of the power of police, arrest without warrant, rights and duties of the arrested person, bailment and conditions of bailment, cognizable and non- cognizable offence, difference between warrant and summon, and bailable and non-bailable offences. Table 11. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 10

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Importance of Criminal Law

ii) Arrest

iii) Bailment

a) These laws have practical importance

i) Duty and power of the police

ii) Difference between summon and warrant

iii) Cognizable and non-cognizable offence

a) Learners cannot implement it practically

• More important laws are according to POs and shebikas

• Less important laws are according to learners and shebikas

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POs and staff lawyers were in opinion to bring the content of the power of police and difference between summon and warrant within less important portion. Lesson 11. Acid throwing, rape, women and children trafficking Content. Existing curriculum includes torture on women and children, rape, acid throwing and trafficking. Table 12. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 11

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Rape

ii) Women and children trafficking

a) Having practical importance

i) Acid throwing a) It can be known from media

• Less important laws are according to POs and shebikas

• More important laws are according to learners

Shebika groups considered bad affect of rape as less important law. Muslim Inheritance Law Lesson 12. Distribution of property among main heirs Content. Existing curriculum includes definition of Inheritance and Muslim Inheritance, Act of Muslim Inheritance, three characteristics of the Inheritance Act, legal rules for distributing property, three classes of Muslim Inheritance, total twelve Quranic heirs (prescribed by Al-Quran), main five Quranic heirs, and getting property in double status of the inhertiant. Table 13. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 12 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Important characteristics of Muslim Inheritance Law

ii) Legal rules for distribution of property

a) Every one should have minimum knowledge on it. It will assist them to understand the practical problem

i) Definition

ii) Twelve

Quranic shareholders

iii) Process of getting property in double status of the heir

a) It is complicated and learners get difficulty in understanding this

b) Shebikas often find it tough

c) Learners cannot retain the laws for a long time

• Both the categorizations are according to shebikas and learners

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The opinions of POs and staff lawyers from four areas were different on ‘more important’ contents. They brought ‘definition’, ‘total Quranic shareholders’, and‘ getting property in double status of the heir’ in the less important part. Lesson 13. Distribution of property among main heirs and residue. Content. Existing curriculum includes six main heirs, rules to distribute property among main six heirs, distribution of property to daughters in existence of sons, distribution of property of dead parents among sons and daughters, erecting and maintain wall in the property, distribution of property of a dead person among his/her son and father, and distribution of property of the main heir if he has only daughter and son. Table 14. The importance of laws, reasons behind the importance and names of the groups categorizing the laws under lesson 13 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) About erecting and maintaining wall in the property

a) Learners find it difficult to understand

i) Distribution of property among the main heirs

ii) Distribution of property between daughters and sons

a) Having practical importance

ii) Explanation of distribution of property of dead parents

iii) Already known by the learners from different sources

• ‘More importantlaws’ are according to POs, staff lawyers and shebikas

Learners and shebikas considered the contents regarding ‘erecting and

maintaining the wall in the property’ as less important. Shebika groups put the content on explanation of the distribution of the property of dead parents, and ‘if the main heir has only son and daughter, rules for distribution of property among them’ in the category of less important laws. POs, staff lawyers and shebikas put the content about the property of dead parents in the less important portion. Lesson 14. Rights of the orphan grand daughter and son Content. Existing curriculum includes rights of an orphan granddaughter and grandson to have share in the property, Act on the right of an orphan granddaughter and grandson, not to deprive the orphan granddaughter and grandson from the legal share in the property, and legal share of the orphan granddaughters and grandsons in the property.

Here POs, SL and shebika groups suggested keeping everything in gist. They felt that learners do not want to know this chapter in detail. Lesson 15. Rights of an unborn child, distribution of property of dead person who has no children, and ‘ sources of the property are not important in distribution of the property’ Content. Existing curriculum includes rights of an unborn child, ‘sources of the property are not important in distribution of the property, rather share in the property is

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important’, distribution of property of a dead person who has no children, and reasons for lessening and increasing of the share in property. Table 15. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 15 More important laws

Reasons for considering the laws more important

Less important laws

Less important laws

Groups categorizing the law

i) Right of an unborn child

ii) ‘Source of the property is not important issue in the distribution of property’

a) This knowledge is required in practical life

i) Lessening and increasing of share in the property

a) These contents are difficult to understand

• Less important laws are according to POs, staff lawyers and shebikas

• More important laws are according to shebikas

Consistency was not found among the groups of POs, staff lawyers and learners in

four districts to bring any content among ‘more important laws’. Hindu Law of Inheritance Lesson 16. Hindu Inheritance, shapinda and the distribution of property among shapindas Content. Existing curriculum includes definition of Hindu Inheritance, Act of Hindu Inheritance, shraddha, pinda and shapinda, names of twelve shapindas, legal rules for obtaining share in the property in double status of the heir, reasons for legally entitled to full property, legal share in the property, and reasons for which heir can be deprived from their legal share in the property. Table 16. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 16 More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

i) Shraddha, pinda and shapinda,

ii) Reasons for legal entitlement to full property

iii) Reasons for depriving heir from legal share

a) It has practical importance in Hindu community

i) Definition

ii) Twelve shapinda’s name

iii) Explanations of Hindu Inheritance Law

• Learners cannot retain it, and find it difficult

• More important laws are according to POs, staff lawyers and shebikas

• Less important laws are according to POs, staff lawyers, and learners

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Shebika groups were in favour to put the contents of ‘shraddha, pinda, shapinda, reasons behind legal entitlement to full property, and reasons behind deprivation from the legal share in the property’ in less important portion. Lesson 17. Stridhan, women’s property and widow’s property Content. Existing curriculum includes characteristics of women’s property, ways to be entitled to women’s property and heirs of that property, characteristic of widow’s property, ways to be entitled to widow’s property, characteristics of stridhan, ways to be the legal owner of stridhan, difference between stridhan and women’s property, legal rules for distribution, and legal reasons to sale widow’s property. Table 17. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 17

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

1. Difference between stridhan and women’s property

2. Ways to be entitled to women’s property,

3. Ways to be entitled to widow property,

4. Ways to be the legal owner of stridhan

5. Legal reasons to sale widow’s property

a) Hindu women can know their rights

i) Characteristics of stridhan and widow’s property

ii) Legal rules for distribution

a) Characteristics of different properties can be included within difference between various properties

b) Legal rules for distribution cannot be retained by the learners

• Less important laws are according to shebikas and POs

• More important laws are according to shebikas

It was the Hindu shebika group who were the strong supporters for bringing more

contents from Hindu Laws in the less important category. POs and staff lawyers were in favour to put the above laws in more important category. They were also in opinion to bring the whole chapter in gist in the rest two areas. Lesson 18. Distribution of property among Hindu shareholders Content. Existing curriculum includes distribution of property of a Hindu dead person among his daughters and grandsons, which heir can be deprived from the legal share of the property by father of a dead person, and which persons are not entitled to the property if a dead Hindu person’s mother and brothers are alive.

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POs, staff lawyers and shebikas wanted this lesson in gist as it is difficult for the learners to retain the lesson in detail. According to them, this lesson can be taught with lesson 17. VII. Land Law Lesson 19. Land, ways to prove ownership in land, change in ownership Content. Existing curriculum includes definition of land, definition of the laws of land, ways to prove legal ownership in land, not to put thumb sign in a blank white paper, works to be done before, during and after purchasing land, records of land, time and place for registration, revenue, mutation, succession and pre-emption. Table 18. The importance of laws, reasons behind the importance and the names of

groups categorizing the laws under lesson 19

More important law

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

a) Ways to prove legal ownership on land

b) Not to have thumb sign in blank white paper

c) Works to be done before purchasing land

d) Revenue

e) It has practical importance

f) Mutation

g) Succession

h) pre-emption

a) Usually males deal with these matters

b) Women are less interested in these matters

c) Learners have difficulty in understanding the content

d) Learners cannot enforce the laws in practical life

• Less important law are according to shebikas and learners

• More important laws are according to POs and shebikas

POs and staff lawyers groups identified mutation, succession, pre-emption and

revenue as less important laws. Lesson 20. Khas land, barga and pledge Content. Existing curriculum includes right to have a khas land, laws regarding khas land, barga and barga laws, distribution of crops in barga, rules regarding termination of the contract in barga, pledge and the relevant laws.

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Table 19. The importance of laws, reasons behind the importance and the names of groups categorizing the laws under lesson 20

More important laws

Reasons for considering the laws more important

Less important laws

Reasons for considering the laws less important

Groups categorizing the law

Khas land Learners need it in practical life

Barga Learners can know it from practical life experiences

According to POs, staff lawyers and shebikas

Reasons behind considering the laws ‘more important’ Learners were considering those laws as more important which they required in daily life. For example, laws regarding divorce, stridhan, khas land. Specially, to women, laws which can be used frequently to realize their rights in daily life were becoming more important laws. Reasons behind considering the laws ‘less important’ The study emphasized on putting some contents of HRLE course in the portion of less important laws, and the reasons behind this consideration. These reasons reveal that: Less retention In FGDs, it was observed that learners were not as prompt to response to the questions related to Hindu Inheritance Laws as they were on Muslim Inheritance Laws. Shebikas also confirmed that laws which contain more complicated rules and words became difficult for the learners to retain in memory. Shebikas also raised concern on the importance of training on the laws which could not be retained by the learners. Having less practical importance In the above tables (from table 2 to 19), some contents of law were categorized as less important for having less practical importance. According to the groups, these laws could not be applied directly by the learners in their practical life. Shebikas (in four areas) were of the opinion that learners have nothing to do with the definitions of ‘state’ or ‘citizen’ as they do not realize the relation of this law with their real life. It was also mentioned that some contents of the HRLE course are beyond the individual capacity of the learners to enforce. For example, legal power of the police. In one group, a shebika mentioned about reluctance of the learners to learn the laws regarding legal power of the police. She quoted from one of the learners –‘police has unlimited power, they give heed to no one’s words’. Then others supported her saying that they know that police cannot beat any person while he is arresting, but they have often found police flogging person mercilessly just after the arrest. Regarding the law of mutation, one learner told, ‘we were taught in HRLE class that for mutation, we need a reasonable amount of money. But in reality we need a lot of money. What is the use of this knowledge?’ Similarly, in the discussion on the content ‘ways to stop dowry’, the participants (especially learners and shebikas) expressed their helplessness-‘what can we do to stop dowry, we are women and helpless’.

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Complicated chapters POs and staff lawyer groups indicated that even sometimes the shebikas themselves got confused on the concepts like ‘the rights of an unborn child’, ‘distribution of property of a dead person who has no children’, ‘the source of property is not a considerable matter’. Shebikas also pointed out that learners found it too complicated to memorize the names of shapindas. Learners know it from other sources Some laws were already known to the learners from different sources other than the training. They learnt it from media or their own community. Like POs, staff lawyers and shebikas mentioned about the extensive campaign by media on acid throwing, and considered less necessity to impart the same knowledge through HRLE training. Regarding Hindu Law, it was found that learners preferred to learn these laws from their community than from the training. In some FGDs, shebikas mentioned about the repetition of some contents in HRLE course. When they gave training on any chapter, sometimes they had to discuss the content of other chapters for the convenience of the learners. In this way, some chapters became just repetition for the learners. For example, the content of the characteristic of stridhan came in the content of the difference between stridhan and women’s property. Again, when ‘the widow marriage Act’ was taught to learners, shebikas need to discuss the definition of widow. In this way, when the taught contents of the other chapters were imparted again, it became repetition.

However, it should not be concluded that as the learner consider a particular law less important, the knowledge of that law is really less important for HRLE course. The explanation of these reasons can be the tools to analyze the HRLE course from different dimensions. However, the above mentioned reasons have opened the door for reviewing the delivery method of HRLE class and rethinking about the extent and the content of those laws. PROPOSED TIME FRAME Shebika, PO and staff lawyer groups were asked to come up with possible time schedule for the proposed tailored curriculum. Especially, much importance is given to the views of shebika groups on time schedule. It was considered that as they conduct the training, they would more likely to know the possible time period from the perspective of delivery method of HRLE class.

Table 20 shows the possible time schedule proposed by the shebikas assuming the curtailment of those contents of HRLE course, which according to them need not be imparted.

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Table 20. Proposed time frame by shebika groups Name of twenty lessons

The contents The proposed time (curtailing the proposed contents)

Muslim Family Laws – law, Muslim marriage and legal conditions for a marriage

Legal consequences of a Muslim marriage , definition of family and Family Law

1 hour

Death and birth registration and dowry

Ways to stop dowry, definition of dowry 30 minutes

Rules for a divorce by husband, reunion between husband and wife, and remarriage

Effectiveness of divorce in respect of pregnant wife

1 hour

Separation by wife Iddat kal, definition of separation, nine faults of husband

1 hour

Polygamy Bad effect of polygamy 1hour Guardianship and custody of children

Detail explanation about the guardian

1 hour

Hindu marriage, legal conditions for a marriage, and separation between husband and wife

Definition of a Hindu marriage, legal consequences of a Hindu marriage, legal conditions for a Hindu marriage (explanation), problems to be faced for not following legal conditions of a marriage

30 minutes

Widow marriage, guardianship, maintenance, minor

Definition of adult, minor child, guardian , widow, conditions of widow marriage

30 minutes

Constitutional Law Citizens, State, Constitutional Law , 2 hour Criminal Law

Duty and power of police, difference between summon and warrant, cognizable and non-cognizable offence

1 hour, 30 minutes

Acid Throwing, rape and women and children trafficking

Acid throwing, bad effects of rape 1 hour

Muslim Inheritance Law Total Quranic shareholders, and getting property in double status

1 hour

Distribution of property among main inherit ants and the residue holders

About erecting and maintaining wall, explanation of the distribution of property of dead parents, if main heir has only son and daughter then the rules for distribution of property among them

1 hour

Rights of an orphan grand daughters and sons

Here PO and shebika group suggested keeping everything in gist as they feel learners do not want to know it in detail

1 hour

Rights of an unborn child, distribution of property of a dead person who has no children, ‘sources of the property are not important matter, rather the distribution of property is important’

Lessen and increase in the share of the property

1 hour

Hindu Law of Inheritance Shraddha ,pinda, shapinda, reasons behind legally entitled to whole property, reasons behind deprivation from the legal share in property.

1 hour

Stridhan, women’s property and widow’s property

Characteristics of stridhan and widow property, the rules for distribution

1 hour, 30 minutes

Distribution of property among Hindu shareholders

Everything should be is gist 1 hour

Land, ownership of land, change in ownership

Mutation, succession, pre-emption 1 hour

Khas land and barga Barga 1 hour

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The time frame proposed by the PO and staff lawyer groups justified the proposed time frame by the shebikas (Table 21). Table 21. Proposed time frame by PO and staff lawyer groups

Name of twenty lessons

The contents can be imparted in gist The proposed time (curtailing the proposed contents)

Muslim Family Laws – law, Muslim marriage and legal conditions for a marriage

Legal consequences of a Muslim marriage, definition of family and Family Law

1 hour

Death and birth registration and dowry

Ways to stop dowry, definition of dowry 1 hour

Rules for divorce by husband, reunion between husband and wife, and remarriage

Effectiveness of divorce in respect of pregnant wife, and remarriage

1 hour

Separation by wife Iddat kal, definition of separation 1 hour Polygamy Definition and bad effects of polygamy 1 hour Guardianship and custody of children

Everything is required in gist 1 hour

Hindu marriage, legal conditions for a marriage, and separate living between husband and wife

Definition of a Hindu marriage, legal consequences of a Hindu marriage and legal conditions for a Hindu marriage

1 hour

Widow marriage, guardianship, maintenance, minor

Definition of adult, minor and guardian 30 minutes

Constitutional Law Citizens, state, constitution 1 hour Criminal Law

Duty and power of police, difference between summon and warrant

1 hour

Acid Throwing, rape and women and children trafficking

Acid throwing 1 hour

Muslim Inheritance Law Definitions, total Quranic shareholders, getting property in double status of the heirs

1hour

Distribution of property among main heirs and the residue holder

About wall, explanation of distribution of the property of dead parents.

1 hour

Rights of an orphan grand daughters and sons

PO and staff lawyer groups suggested to keep everything in gist as they feel that learners do not want to know it in detail

1 hour

Rights of an unborn child, distribution of property of dead person who has no children, ‘ sources of the property are not important , rather the distribution of property is important’

Lessen and increase of share in the property 30 minutes

Hindu Law of Inheritance Definition, twelve shapinda’s names, explanation of Hindu Inheritance Law

1 hour

Stridhan, women’s property and widow’s property:

All are required in gist 30 minutes

Distribution of property among Hindu shareholders

All are less important 1 hour

Land ownership of land, change in ownership

Mutation, succession, pre-emption, and revenue

1 hour

Khas Land and barga Barga 30 minutes

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According to shebikas, the proposed time limit for human rights and legal education classes was twenty hours thirty minutes in twelve days. On the other hand, according to POs and staff lawyers, it was eighteen hours in twelve days. A question easily looms– why shebikas, POs and staff lawyers were selected for deciding the time schedule, why not the learners? During the time of conducting FGDs, it was observed that the learner in four areas did not maintain that much similarity in their opinions while the groups of shebikas, POs and staff lawyer did. The justifications used by the POs, staff lawyers and shebikas supporting their argument were considered to be rationale, and these justifications were almost similar among the groups of POs, staff lawyer and shebikas in four different areas. RECOMMENDATIONS FOR MERGING TWO DIFFERENT LESSONS OF HRLE COURSE During FGD sessions, shebika, POs and staff lawyer groups gave opinion that some lessons of HRLE need not be imparted separately; rather these can be made part of other lessons. According to shebikas, the following lessons can be merged together – Lesson 1 and 2 Lesson 3 and 4 Lesson 5 and 6 Lesson 7 and 8 Lesson 14 and 15 Lesson 16, 17, 18, 19 and 20 together. POs and staff lawyers went for the following lessons to be merged: Lesson 1 and 2 Lesson 3 and 4 Lesson 5 and 6 Lesson 7 and 8 Lesson 13 and 14 Lesson 16 and 17 Lesson 19 and 20 There was very little difference between the two groups on merging the lessons. FINDINGS ON THE INTERESTED LEGAL AREAS OF MALE GROUPS FOR LEGAL EDUCATION TRAINING One of the recommendations of BRAC HRLS review team was to include male learners in HRLE class (Hossain S et al. 2007). With reference to that recommendation, male groups were taken in the FGDs for this study for two reasons: 1. To view the perception of the male about the content of legal education course

which can be used for practical legal education training 2. To show guideline to HRLS programme for potential male trainees in HRLE course

As the male groups in this study were not acquainted with the existing HRLE course of HRLS programme, their concepts were not directly linked with the existing curriculum in detail. Through FGDs, only their interested areas could be identified.

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The laws which were more important to the male group were: 1. Criminal Law and criminal procedures. 2. Land Laws –

a) The process to get the documents b) Mutation c) Pledge d) Distribution of land e) Dispute regarding khas land f) Registration of land

The FGDs indicate that there were differences on the more important laws

between the learners and male groups. From these differences on the more important laws, assumption can be made on the separate demand of the male learner group from female learner group.

Another thing can be noticed that the male group have not emphasized on Family

Law or laws related to the right of women. Learner groups and shebika groups have insisted in their recommendations to include males in the class so that the enforcement of women rights can be facilitated. On the other hand, absence of these laws in the preferred laws from the male groups implicates their indifference to know about women rights. Findings on the opinion of the male groups strengthen the point of including males in the class for the benefit of women learners. FINDINGS ON THE INTERESTED LEGAL AREAS OF LCL FOR LEGAL EDUCATION TRAINING Local community leaders as representatives of their community were requested to response to the questions, and highlight the need of the community. Like the male groups, they were also not acquainted with the HRLE course. To them the most important laws for the community are: 1. Family Law – especially they have emphasized on registration of the marriage,

consent of the marriage, and polygamy

2. Criminal Law (emphasized on bailment, arrest for fabricated cases, and dealing with lawyers); and

3. Economical and social rights.

It is very interesting to note that the local community leaders emphasized to incorporate the enforcements of economical and social rights in the legal education course. These rights are enshrined in our Constitution but they are not directly enforceable. The participants from LCL group gave example of fertilizer crisis and having problem in the health care of government hospitals. Basically, these rights are called economical and social rights, and the present HRLE course emphasizes only on political and civil rights3.

3 In human rights domain, there are two types of rights – civil and political rights and economical and

social rights. Civil and political rights are judicially enforceable but economical and social rights are not judicially enforceable.

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RECOMMENDATIONS FOR INCORPORATING NEW LAWS One of the objectives of FGDs regarding the curriculum was to see what type of new law could be incorporated to meet the learner’s demand. This objective was addressed when the recommendations were asked from the groups on over all HRLE course. These recommendations were compiled from POs, SLs, learners and shebikas for incorporating new laws in HRLE course. The following laws were recommended for incorporating in HRLE course (only those laws are mentioned which were demanded in more than one area): 1. Nari-o-Shishu Nirjaton Daman Ain 2002

2. Trespass

3. Domestic violence

4. The remedy for facing case filed only for harassment

5. How to get legal aid, the procedures

6. Drug addiction

7. Enforcement of economical and social rights

8. The procedures for having the documents related to the land FINDINGS ON THE PROBLEMS IN HRLE COURSE In order to make a plan for an effective HRLE course, it was necessary to identify its problems. The problems faced by the learners and shebikas came out from FGDs were: 1. Long duration of the course (POs, staff lawyers, shebikas and learners considered

the training for twenty days as a lengthy course).

2. Two hours for each class is considered to be lengthy and mind-numbing.

3. Learners cannot retain all the information they gather in the course.

4. Learners have to sacrifice their economical interest for the class. According to some learners, the time they spend in the class can be used for earning money.

5. Not all the participants remain in the class regularly. After four or five days, the number of the participants declines.

6. Shebikas consider the number of 20 to 25 participants for each class as too many to handle. Then shebikas can’t concentrate on the learners properly.

7. The expectations of the learners to have some incentives, and the absence of any incentive are considered to be a discouragement for the learners. Shebikas objected that when they tell the learners to come in the legal education class regularly, learners expresses their anguish saying that they are not even given a handful of muri for refreshment.

8. Shebika’s salary is considered to be not enough. In every FGD, they shared their frustration saying that this small amount cannot support them to maintain a good standard of life. One shebika told that when she could not buy book for her son, her son asked her ‘mother, I see you working very hard, but what type of work you do without good salary’.

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9. Sheibkas’ works are not regular. So, when there is no training, they have to be jobless.

10. There is no proper specific place for HRLE training. Often they have to use other people’s premise which sometimes makes the atmosphere uncomfortable.

11. Learners face non co-operation from the male members of the family. Sometimes, the male members want to know the practical significance of the training. Sometimes they think knowledge of law would make the women more dominant and sometimes they wonder why BRAC works only with women, why not with the men? The above problems came from the learners, shebikas, POs and staff lawyers. But

it appeared that a serious problem among the learners and shebikas was not to understand the importance of certain laws. For example, the contents like citizen and state of Constitutional Law. Whenever they could not enforce any law in their own life, they considered it as less important. Both the shebikas and learners perceived such laws so superficially that they put such laws in the less important category only because they could not apply this law directly in daily life. It should be kept in mind that the objective of the HRLS programme is beyond imparting legal education. Consideration of the importance of law in such over simplified way may hinder the greater objective of HRLS programme. RECOMMENDATIONS FOR OVER ALL HRLE COURSE For effective HRLE course, recommendations were sought from all the five groups. The following recommendations came out from more than one area: • Reducing the class duration

• Changing the time (flexible time period is preferred according to the demand of the learners). Evening period is suggested for the male

• Reducing the number of the participants in the training

• Including the husbands and male members of the family of VO members

• Giving incentive to the participants for attending the class (like giving muri in the time of training)

• Increasing the salary of the shebikas

• Imparting the legal education to the students, and local community leaders

• Using BRAC school for the place for legal education

• Extensive campaign for understanding the importance of legal education (using media, local institutions of the programme etc)

• Using audio video presentation in the class. Shebikas told that they used to have cassette player but now most of these cassette players are out of order

• Using methods of entertainment like dramas, gombhiras for training. Shebikas mentioned about popular theatre as a way to impart knowledge.

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DISCUSSION AND CONCLUSION HRLS review report (Hossain et al. 2007) suggested investigation on the views of the learners for resetting the class and time schedule of HRLE classes. The report also recommended adding or eliminating some contents from HRLE course. Taking these recommendations into consideration, FGDs were conducted to congregate the views of VO members. FGDs included shebikas, POs and staff lawyers as the closest ones to VO members4. Male groups and local community leader groups were brought in FGDs to have more views. The views regarding the course contents came out as more important and less important laws which are expected to be helpful for revising the HRLE course contents. POs, staff lawyers and shebikas suggested to curtail the course contents and proposed time period for rest of the contents which can be considered to be one step further to facilitate the HRLS programme in reshaping HRLE class and time schedule. At the same time, recommendations regarding other issues (like publicity of HRLE class, problems of shebikas and learners) will smooth the path for an effective HRLE class.

It is noticeable that there is uniformity in most of the groups regarding the less important laws, which according to the groups need not be imparted or imparted in gist. POs, staff lawyers and shebika group’s provided the same views on the less important laws. Their suggested time frame strengthens the recommendations of HRLS review report’s recommendations to reduce the time frame within 10 to 12 days (Draft operational plan by Hossain et al. 2007, p. 3). Recommendations for including male participants and new laws also support the recommendations of BRAC HRLS review (Hossain et al. 2007, p. 50).

The reasons behind the less important laws would help HRLS programme not only

in curtailing the contents but also in rethinking about the delivery method of the contents. The reluctance of the learners to enforce their rights through some laws, and hence considering that particular laws as less important necessitate the introduction of the knowledge on law enforcement mechanism properly and innovatively in HRLE course. The most challenging process for HRLS programme for an effective HRLE course is to make the learners realize the significance of learning certain laws (like Constitutional Law), and their role in society. This can be a really crucial task for HRLS as they have to make the learners understand the importance of these laws through ain shebikas whose academic background is not related with law. However, HRLS shebikas were found very dedicated to their jobs, and enough updated and aware of legal matters. Using their dedication and potentiality, HRLS can take initiative to motivate their shebikas to be better trainers to face the challenges.

Though the group’s views were considered to be very influential according to the

reference of the BRAC HRLS review, these findings should not be conclusive for a decision regarding any content. The study was conducted in a very short span of time and in some subjects, views were not taken comprehensively (for example, in the groups of male members and in local community members). If HRLS becomes really serious to include men in their legal education class, more extensive research should be conducted on the areas best needed for them.

4 Because shebikas conduct the training, and POs and staff lawyers need to know about the pros and

cons of training for their job.

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Considering the limitations, the study can be used to know the views of VO members regarding the HRLE class. These FGDs can assist HRLS programme not only in reshaping their curriculum but also in planning for an effective HRLE training. However, it is up to the programme to come to the conclusion on changing the legal education curriculum.

REFERENCES

Abdullah K et al. (1992). BRAC’s Paralegal Program- an Impact study. Dhaka: BRAC (unpublished).

BRAC Annual Report (2006). Dhaka: BRAC.

Hossian S et al. (2007). BRAC Human rights and Legal Service Review (Draft). Dhaka: BRAC HRLS. Hossian S et al. (2007). BRAC Human rights and Legal Service Review, Draft Operational Plan. Dhaka: BRAC, HRLS.

Human Rights and Legal Service Program (2007). A presentation by Faustina Pereira, Director, BRAC HRLS programme. Dhaka: BRAC.