The scarecrow is put in a cornfield to frighten birds away. The innocent, simple birds are really scared and they don't dare to come near the field. But some birdsstrong and greedydo not get frightened. They are often found not only to come near the scarecrow, but also to perch on its arms and head to rest after eating the grain to their hearts' content. Seeing these birds enjoying food and security, some other birds ask themselves, "They are having good meals. The scarecrow does not scare them. Why should we be fools and starve?" So all the birds join in the feast.

A law is made with the express intent to help people in getting justice through a legal system, thereby aiming to achieve the "greatest happiness of the greatest number" (Priestley: Essay on Government). But very often the law fails to serve this purpose. The innocent, simple, illiterate and the poor cannot access legal procedure because it is highly expensive, complicated and time-consuming to them. So they look upon law from a distance as a frightening scarecrow. On the other hand, some people in societylike those strong, greedy birdstame, twist or tarnish a law and use it for their own benefits. Some others follow suit and seize the opportunity too. Thus the law is made into a no-more frightening, rather a tattered scarecrow. It is this second group that is mainly responsible for making many laws ineffective. Not only that, they make law an accomplice in fulfilling their greed for power and possessions.

Who are the major actors in this grab-all-you-can chase? They are well known in society. They are strong, influential people belonging to all the stakeholder groupslawmakers, law-protectors and enforcers. Let's see how they are going on this wrecking spree.

1. Some lawmakers and decision-makers have an implied intent behind making a law. The purpose here is to protect the interest of, or punish, a group or section or class of people. Laws like Special Powers Act, Indemnity Act and the like are examples in question. These laws more often than not fail to ensure justice and equity for the greatest happiness of the greatest number. Rather they often tantamount to becoming instruments of misuse or abuse of power.

2. Some lawmakers fail to see whether a law is justifiable. As a result, its breach is not normally considered punishable by the enforcers. Cars are found parked right under the 'No Parking' signs in front of some shopping centres. If the law here is strictly enforced, there will hardly be any buyers coming to these shops, as there are no parking lots around. Again, people are found passing water on the edges of the city footpaths in broad daylight, as there are hardly any public toilets on the crowded city roads.

3. Some law enforcers are negligent in performing their duties. All the law enforcement agencies and personnel are to see that the laws are enforced, so that their intended goals are achieved. But this often does not happen. With the blessing of their saviours and godfathers, musclemen, terrorists and extortionists are often found freely, often defiantly moving in society. Water bodies and land in big cities are being grabbed by a powerful section of people. A bus stops in the middle of the road to collect passengers right under a traffic policeman's nose. Another traffic policeman is found allowing a flag car to make a U-turn ignoring a 'No U-Turn' sign. In many offices files do not get moving from one table to another until they are pushed either by an underhand deal or by a powerful hand from above. Wild birds are sold openly on the city roads. Your phone line has been out of order for a week or more, but you can get it fixed soon by generous bakshish or by a phone call from a powerful uncle. Polythene bags, the culprits causing serious environmental degradation, are now more seen than they were before the ban. These are just the tip of the iceberg.

4. Some bureaucrats follow their own code of conduct. They do not listenthey only order and in doing so they naturally follow just one principle, that is 'Doing Things Top Down'. A bureaucrat is often heard to say to a person: "Do you know who you are talking to? You are talking to the sarker." So he is the Law and he means it. Hence almost all the cases of recruitment, promotion, transfer, posting, etc are carried out through top-down orders.

Often these unfair, unjust and illegal activities of the so-called protectors and enforcers of law are carried out ex parte more speedily and more smoothly (?) with the help of some auxiliary force or bahini, ie the armed cadres of musclemen and a section of students. The result is: the general people who are often denied justice and whose fundamental and constitutional rights are not often protected become demoralized, frustrated, outraged. Then they develop deep disrespect for law-a debasing, depraving situation that makes them almost believe that the only law is the absence of law, that a person is law, that might is right. To them law is nothing but a mockery of justice, a big joke, just like a scarecrow in a cornfield. As a result, there exists a free-for-all everywhere in society. And hell is let loose.

So where do we go from here? It is no easy job on the part of the lawmakers and the law-enforcers alone to contain this orgy of lawlessness. This is because both the cause and the effect of this situation, if expressed in one word, are corruption that thrives on self-interest and personal aggrandisement. Hence the way forward cannot be any short-cut, one-off, legal measurersrather it calls for a long-term process of raising awareness about, and educating general people on, the benevolent power of law that can render justice and equity to all the deserving people irrespective of class, caste and creed. This is doable. Make the study of basic laws compulsory in a graded way in our curriculumprimary through higher secondary. Side by side, continue making legal education and practice both means and end of social good through the law curriculum followed at the country's universities and colleges. Only then will people in general develop, over time, a sense of duty and responsibility, build their character and respect law. Only then will people appreciate and accept what Thomas Fuller said 300 years ago, "Be you never so high, the law is above you."

Shamsul Hoque is Director, Legal Education and Training Institute, Bangladesh Bar Council.