Recommendations go unheard

Only 5-6 of 144 recommendations of Law Commission implemented in 22 years: Ex-member

The Law Commission, since its inception in 1996, has provided a total of 144 recommendations but most of these have been in vain as the government has not implemented most of the recommendations. The government has implemented just five to six measures in line with the commission’s recommendations, according to sources in the Law Commission. In the past 22 years, the commission issued some recommendations on its own initiative while a few others were given following requests by the government. The government implemented only some of those recommendations that were prepared by the commission on the government’s requests. All others, which were prepared by the commission on the basis of its own initiatives, were not implemented, the sources said.

All the commission’s recommendations were retained in the files. However, the commission has had to spend huge amounts of money in conducting research to prepare the recommendations. Before preparing any such recommendation, the commission has to conduct research and obtain opinions from the experts on the specific issue and complete a recommendation to enact it as a law to ensure the rule of law in the country, explained sources in the commission.

These recommendations were made to enact several laws, including a witnesses’ protection law, judges’ appointment rules, draft of the Health Service Act, 2017, draft of the Liberation History Distortion Crimes Act, 2016, Bangladesh Mental Health Act, 2015, State Acquisition and Tenancy Act (Act XXVIII of 1950) and recommendation to amend the Territorial Waters and Maritime Zone Act, 1974.

“We prepared these reports after taking the opinions of various sections of the people and researching famous books. We worked day after day to prepare the reports in the greater interests of the country as well as for the smooth functioning of the judiciary. But the government did not take any of our recommendations properly,” disclosed a senior official of the commission, preferring anonymity.

“If the government would make some laws in accordance with our recommendations, it would delight us,” he added.

Apart from the aforesaid recommendations, in 2011 the commission sent its recommendation to the government on the Code of Criminal Procedure, 1898, in a bid to accelerate disposal of cases and make the CrPC an Act that is appropriate for the times.

The commission has prepared the recommendations to amend the CrPC Act after taking the opinions of legal experts by conducting some seminars and symposiums

and by scrutinising similar laws from neighbouring countries, sources said.

Apart from these recommendations, the commission also sent reports for enacting a law against sexual harassment in educational

institutions, a report on recommendations for expediting civil proceedings, a report on using the Bangla language in the judiciary, a final report for the Amendment of the Divorce Act of 1869 (Divorce of Christian Couples) and enactment of a new law on adoption by Christians, recommendation of the Law Commission for a possible enhancement of the daughter’s share in the succession of parents’ property in the absence of a son, and recommendations for amendments to certain old and dated laws.

When approached for comments on the matter, the chairman of the Law Commission, former chief justice ABM Khairul Haque, refused to make any comments on the non-implementation of the commission’s recommendations.

In response to a query, Haque told media-persons that it can do nothing if the government does not implement the commission’s recommendations. “Our duty is to prepare recommendations and send these to the relevant ministry,” he added.

Law Commission member Prof. Shah Alam, who retired from the commission in last May, told this correspondent that though he had joined the commission, he has left it since the commission’s recommendations are not being implemented.

“I joined the commission following the assurance that its recommendations would be recommended. But the government has just implemented at the most five to six recommendations of the commission since its inception 22 years ago,” he remarked.

Talking to The Independent, eminent jurist M Amir-ul Islam said, “There is a bureaucratic gap between the Law Commission and the law-making machinery. This gap should be removed in order to modernise the laws.”

“If the gap between the law-making machinery and the commission is removed after coordination among each other, the state machinery would benefit,” he pointed out.

The Law Commission was formed in 1996. The aim was to update old and outdated laws and regulations, modernise the judiciary, expedite trials in civil and criminal proceedings, impart training to the people involved with the judiciary and so on.

Recommendations go unheard

Only 5-6 of 144 recommendations of Law Commission implemented in 22 years: Ex-member

The Law Commission, since its inception in 1996, has provided a total of 144 recommendations but most of these have been in vain as the government has not implemented most of the recommendations. The government has implemented just five to six measures in line with the commissions recommendations, according to sources in the Law Commission. In the past 22 years, the commission issued some recommendations on its own initiative while a few others were given following requests by the government. The government implemented only some of those recommendations that were prepared by the commission on the governments requests. All others, which were prepared by the commission on the basis of its own initiatives, were not implemented, the sources said. All the commissions recommendations were retained in the files. However, the commission has had to spend huge amounts of money in conducting research to prepare the recommendations. Before preparing any such recommendation, the commission has to conduct research and obtain opinions from the experts on the specific issue and complete a recommendation to enact it as a law to ensure the rule of law in the country, explained sources in the commission. These recommendations were made to enact several laws, including a witnesses protection law, judges appointment rules, draft of the Health Service Act, 2017, draft of the Liberation History Distortion Crimes Act, 2016, Bangladesh Mental Health Act, 2015, State Acquisition and Tenancy Act (Act XXVIII of 1950) and recommendation to amend the Territorial Waters and Maritime Zone Act, 1974. We prepared these reports after taking the opinions of various sections of the people and researching famous books. We worked day after day to prepare the reports in the greater interests of the country as well as for the smooth functioning of the judiciary. But the government did not take any of our recommendations properly, disclosed a senior official of the commission, preferring anonymity. If the government would make some laws in accordance with our recommendations, it would delight us, he added. Apart from the aforesaid recommendations, in 2011 the commission sent its recommendation to the government on the Code of Criminal Procedure, 1898, in a bid to accelerate disposal of cases and make the CrPC an Act that is appropriate for the times. The commission has prepared the recommendations to amend the CrPC Act after taking the opinions of legal experts by conducting some seminars and symposiums and by scrutinising similar laws from neighbouring countries, sources said. Apart from these recommendations, the commission also sent reports for enacting a law against sexual harassment in educational institutions, a report on recommendations for expediting civil proceedings, a report on using the Bangla language in the judiciary, a final report for the Amendment of the Divorce Act of 1869 (Divorce of Christian Couples) and enactment of a new law on adoption by Christians, recommendation of the Law Commission for a possible enhancement of the daughters share in the succession of parents property in the absence of a son, and recommendations for amendments to certain old and dated laws. When approached for comments on the matter, the chairman of the Law Commission, former chief justice ABM Khairul Haque, refused to make any comments on the non-implementation of the commissions recommendations. In response to a query, Haque told media-persons that it can do nothing if the government does not implement the commissions recommendations. Our duty is to prepare recommendations and send these to the relevant ministry, he added. Law Commission member Prof. Shah Alam, who retired from the commission in last May, told this correspondent that though he had joined the commission, he has left it since the commissions recommendations are not being implemented. I joined the commission following the assurance that its recommendations would be recommended. But the government has just implemented at the most five to six recommendations of the commission since its inception 22 years ago, he remarked. Talking to The Independent, eminent jurist M Amir-ul Islam said, There is a bureaucratic gap between the Law Commission and the law-making machinery. This gap should be removed in order to modernise the laws. If the gap between the law-making machinery and the commission is removed after coordination among each other, the state machinery would benefit, he pointed out. The Law Commission was formed in 1996. The aim was to update old and outdated laws and regulations, modernise the judiciary, expedite trials in civil and criminal proceedings, impart training to the people involved with the judiciary and so on.