After 30 years, law commission faces questions over impact

The Bangladesh Law Commission is facing growing questions over its effectiveness nearly 30 years after its establishment, as most of its recommendations for legal reforms have remained ignored by the successive governments.

The commission was established on September 9, 1996, with the aim of reviewing outdated laws, recommending reforms and helping modernise the country’s legal and judicial system.

Since its formation, the commission has submitted recommendations to amend or modernise around 172 laws.

However, according to Law Minister Asaduzzaman, only eight of those recommendations have so far been accepted.

Speaking at a programme in Dhaka on April 13, the minister said the government had spent around Tk 150 crore on the commission over the years.

He, however, did not specify which recommendations had been accepted or under which governments the reforms were implemented.

The minister also expressed dissatisfaction over the commission’s performance.

Officials at the commission said one of the key problems is that there is no legal obligation for the government to inform the commission whether its recommendations are accepted or rejected.

As a result, many proposals remain pending for years without any official response.

Currently, former Appellate Division judge Justice Zinat Ara is serving as chairman of the commission, while former High Court judge Justice Shamim Hasnain and former law teacher Naima Haque are serving as members.

On May 20, this correspondent visited the commission’s office on the ninth floor of the Bangladesh Judicial Administration Training Institute building in Dhaka.

The chairman and the two members were not found in their offices around 12:30pm. Officials later said Justice Zinat Ara and Justice Shamim Hasnain were on leave due to illness, while Naima Haque had visited the office earlier in the day before leaving later.

Law Commission Secretary Syed Ayub Subhan was also unavailable as he had gone to the Government Employees Hospital for treatment.

Justice Zinat Ara’s personal secretary, Muhammad Mazharul Islam, was seen working with several officers at a meeting room. He declined to comment, citing work pressure.

Speaking to The Daily Star over the phone on May 21, Commission Secretary Syed Ayub Subhan said Justice Zinat Ara had recently undergone surgery, while Justice Shamim Hasnain had undergone eye surgery.

He said the commission continued its activities despite various limitations.

According to him, there is no legal provision requiring the government to provide feedback on the commission’s recommendations.

“Still, the commission is continuing its work,” he said.

He added that a team led by commission member Naima Haque had recently visited Manikganj to hold discussions with officials concerned regarding possible amendments to the Children Act.

Commission sources said Justice Zinat Ara and Justice Shamim Hasnain rejoined office on May 22.

The law commission was created to help reform Bangladesh’s legal system and make laws more suitable for present-day realities. However, after nearly three decades, only a small number of its recommendations have been implemented.

The situation has raised fresh questions over whether the commission is functioning effectively and whether reforms are needed to make it more accountable and influential.

When asked whether the commission remains necessary in its current form, Law Minister Asaduzzaman told The Daily Star on May 26 that he had already made his position clear and would not comment further on the issue.