Women’s Right to Access to Justice: The Role of Public Interest Litigation in Bangladesh

Access to the justice system is key to redressing violations of human rights. In Bangladesh, women’s rights to access to justice, especially those of women in marginalised and disadvantaged situations, have been subject to numerous legal, social, institutional, and economic constraints. This article argues that, despite the barriers, the Supreme Court of Bangladesh has facilitated women’s rights to justice through gender-based public interest litigation (PIL). By examining the conceptual nexus between PIL and the right to access to justice, constitutional and statutory provisions, and relevant judgments, this article explores the catalysts of the liberal judicial approach in favour of women’s right to access to justice. It finds, however that current governmental non-compliance with the court orders undermines the efficacy of PIL. To overcome this challenge, the article recommends a collaborative effort by all related stakeholders to ensuring judicial vigilance, effective monitoring, and strategic mobilisation.