The new chief justice is to be commended for opening up a debate about the need to reform old colonial era laws.
In his speech before the president at a Supreme Court reception, he argued that many of our key laws such as the Penal Code which were enacted over a century ago under British rule, contain “no reflection of democratic values.”
He urged reform, calling for such laws to be updated to “make them suitable for a democratic nation” in the light of democratic values and our constitution.
What is most important about his remarks is his emphasis on reforming laws to reflect democratic values.
It is not difficult to find provisions in old laws which are unjust or need reform, for example, because they fail to reflect constitutional guarantees of equality or incorporate international conventions to which Bangladesh is a party.
This does not mean however that merely because a law has been enacted since Bangladesh’s Independence and constitution that it automatically reflects democratic values. The rush of successive governments to enact and enforce ICT laws with provisions that limit rights to freedom of expression is a case in point.
Similarly, the provenance of a law should not in itself be a reason for change as many nations have inherited their legal system from British rule. This has not stopped such nations, including the UK itself, from successfully updating obsolete provisions without throwing the good out with the bad.
By showing an open mind about the suitability of long established laws, the chief justice can help encourage our own policymakers and jurists to do the same.
