200-year-old laws needs some reform

The judicial system of Bangladesh is still completely dependent on various acts-- criminal, civil and penal code--introduced by the British Indian Government. Even under the changed circumstances, the 200-year-old acts are still used in current times. Indeed, the laws need some reforms, but it is not necessary to bring major changes to those acts. America's constitution has still been functioning with only seven articles for  years. 

The British were the ruling class here, the colonials. They had thought bringing the entire subcontinent under their legal system. They had enacted all rules and laws in that manner so that the judiciary and the administration can be handled solely by them. However, the judicial and governance systems of their own country  were different. But, we are conducting our judicial procedure along with many other things as per that age-old colonial law.

Tension between our judicial and executive magistrates is one of the outcomes of conducting the legal system as per British law. How do executives become magistrates? The British have done this. I still think that either we should follow that or we have to reform the acts and make those useful for us. 

Every law is variable so the clauses can be changed time to time according to situation. Now many laws are changing. But most of those are being reformed or changed to protect the interests of the government. The government is less interested in reforming laws that protect people's interests.

Even though most of our parliament members have little idea about the laws, our National Parliament makes laws. So, how will the acts be reformed and the amended law will be mass-oriented? Again, in many cases, the government does not take the LawCommission's recommendations for reform into consideration.

The main function of the commission is to recommend amendments, repeal old acts and implementing new ones. We are exactly doing this. It is not our responsibility to monitor whether the government will take it into account or not. We often prepare reports at the request of the government and sometimes make recommendations on our own initiative. Although most of the recommendations are kept unutilized, acts like Domestic Violence (Prevention and Protection) Act and Food Safety Act along with some other effective ones were made as per Law Commission's recommendations and draft. 

So, speedy justice is not possible with 200-year-old law. The British had formulated the Code of Criminal Procedure. It has been revised and updated many times in their country as well. But, we are lagging behind 200 years. 

Speaking at an event some days after the much talked about Sohagi Jahan Tonu murder in 2016 , the then Chief Justice said: "It was a modern crime. It cannot be investigated and tried under the Criminal Act of 1898. This incident should be investigated in a new digitalized procedure. The existing criminal law is not compatible with the current social system. It should be rearranged." Not only Criminal Code, many such acts need reforms. Acts those are not effective, should be repealed. 

Since its establishment in 1996, the Law Commission has recommended 142 legislative reforms in the last 20 years. Most of these have not been taken into account by the government. There is no obligation to implement the recommendations of the Law Commission. It has been constituted to update the law.

It is natural that not all recommendations of the commission will be accepted. However, feedback should be given regarding the recommendations and the commission must let to know why the recommendation is not acceptable. In most of the developed countries of the world, their law commissions are playing an important role in making new laws and reforming existing ones.