Rule of law remains elusive even after 54 years of independence

Bangladesh gained independence in 1971 through the immense sacrifice of many lives. Now, 54 years have passed, and like every year, the nation is celebrating March 26 as its Great Independence Day with due dignity. However, even after more than five decades, the expected rule of law has yet to be established in the country.

But how can it be? When the judiciary itself is not fully independent, how can the rule of law be ensured? This is the question raised by legal experts. According to them, the powerful and wealthy continue to evade justice, while ordinary citizens live in constant insecurity, affecting the entire nation. Even after 54 years of independence, the people of Bangladesh have never truly experienced complete freedom of speech. The nation has witnessed a severe erosion of moral values and ethics. The absence of a strong rule of law has led to political instability, anarchy, deteriorating law and order, murders, enforced disappearances, extrajudicial killings, mob justice, child abuse, gang rape, bribery, abduction, embezzlement, and money laundering—crimes that continue to rise.

Despite the landmark judgment in the Mazdar Hossain case in 1999, the judiciary has not achieved full independence. The judicial branch remains partly under the control of the executive. Government interference in the judiciary, especially in the lower courts, has persisted across all administrations. The backlog of over 4.2 million pending cases in the Supreme Court and other judicial courts has become a major crisis for the justice system. The lack of full judicial independence also results in the erosion of constitutional rights for citizens.

Legal and human rights experts point out that Articles 26-43 of the Constitution guarantee 18 fundamental rights, including equality, access to justice, protection from arbitrary arrest, the right to property, and more. If any of these rights are violated, Articles 44 and 102 provide a legal recourse to restore them through the courts. However, even after 54 years of independence, Bangladesh has failed to achieve the institutional framework for democracy and the rule of law that was expected. One major reason is that those responsible for enforcing and making laws are often the ones who break them. Worse still, they rarely face accountability, let alone punishment.

When opposition politicians face corruption allegations, these accusations disappear the moment they come to power. The rule of law is blatantly disregarded. Meanwhile, those outside the ruling power face excessive legal action, suffering disproportionate punishment and public humiliation.

The first major setback for the rule of law in Bangladesh came immediately after independence. The Special Powers Act of 1974 is considered a "black law" by experts. Yet, after the assassination of Bangabandhu in 1975, successive military and civilian governments had the opportunity to repeal it but chose not to. Instead, every government used this law to serve its own interests, demonstrating a rare consensus among political elites on this issue.

From 1975 to 1990, the country was under the control of military rulers, during which the rule of law was overshadowed by the smoke of gunfire. During this time, the assassination of Bangabandhu Sheikh Mujibur Rahman and his family, the killing of four national leaders in prison without trial, the assassination of President Ziaur Rahman, and the violent suppression of the 1990 mass uprising—resulting in the deaths of Noor Hossain, Dr. Milon, and countless others—reflected the absence of justice. In 1975, the infamous Indemnity Ordinance was issued on September 26, effectively blocking the prosecution of several politically motivated killings.

After parliamentary democracy was restored in 1991, the BNP government retained the Indemnity Ordinance, prolonging the culture of impunity. In 1996, after a controversial election in February, which was widely boycotted, the BNP government was forced to step down. In June of that year, the Awami League won the parliamentary elections and repealed the Indemnity Ordinance, allowing the trial of Bangabandhu's assassination to proceed. However, extrajudicial killings, disappearances, and lawlessness did not cease.

In 2001, the BNP-led coalition government launched Operation Clean Heart in 2002, a joint operation involving the army, navy, border security forces, police, and paramilitary forces. This initiative led to numerous extrajudicial killings under the guise of crossfire. According to contemporary reports, around 12,000 individuals were arrested during this operation, raising concerns about fair trials. In 2004, the government formed the Rapid Action Battalion (RAB), which soon faced allegations of extrajudicial killings.

After violent protests forced the four-party alliance out of power in 2007, a military-backed caretaker government, led by Fakhruddin Ahmed, assumed control on January 11. During this period, many political leaders faced swift trials in special courts, often described as "kangaroo courts" by critics.

Following the Awami League’s victory in the 2008 elections, the government initiated war crimes trials, raising hopes that justice would finally be served. However, allegations of political bias soon emerged. Changes to the International Crimes Tribunal Act under public pressure further fueled skepticism. At the same time, the government intensified repression of political dissent. The controversial elections of 2014, 2018, and most recently, 2024 further eroded public trust in the judiciary and electoral system. During this period, lawlessness increased—marked by political violence, enforced disappearances, extrajudicial killings, rape, corruption, financial scandals, stock market fraud, embezzlement, and money laundering.

Following the Quota Reform Movement and subsequent student protests, the former Prime Minister left the country on August 5, last year. Dr. Muhammad Yunus took over as the head of an interim government. However, even under the new administration, lawlessness has not been fully curbed. Political revenge, fabricated cases, instability, abductions, arson, looting, mob violence, and sexual crimes continue unabated. The public now expects the current government to take firm action to restore the rule of law.

Senior Supreme Court lawyer and constitutional expert Dr. Shahdeen Malik told Views Bangladesh, "True rule of law has never been established in Bangladesh. Those with power and money evade justice, while laws are only enforced against ordinary citizens. Extrajudicial killings persist, and the judiciary remains compromised. No country can achieve stability without the rule of law."

Senior Supreme Court lawyer Ahsanul Kabir echoed these concerns, stating, "The lack of rule of law is evident in the prevalence of extrajudicial killings, mob justice, child abuse, gang rape, robbery, and financial crimes. This is extremely disheartening for the country."

Human rights activist Fauzia Karim Feroz remarked, "Having a functioning judiciary does not mean the rule of law is established. The rule of law should benefit the public. Imposing laws that harm the people is a form of legal tyranny, not justice."

Manzil Morshed, President of the human rights organization Human Rights and Peace for Bangladesh, added, "Justice still cries in silence in this country. Even after 54 years of independence, Bangladesh has not achieved the democratic and legal framework it was expected to have. Those responsible for enforcing the law are often its worst violators. There is no accountability, and political corruption continues unchecked. If the rule of law truly existed, such injustices would not be possible."