As a Bangladeshi who trained in human rights law in the United Kingdom, I returned home with a deep belief in accountability, judicial independence, and democratic governance. The rule of law, as I studied it, represents more than just legal procedure, it is the foundation of equality and dignity. But Bangladesh’s most recent political crisis has shown how far we have drifted from these ideals. Still, I believe we have not strayed so far that restoration is beyond reach.
Fragile foundations for the rule of law in Bangladesh
The rule of law in Bangladesh has always been precarious. The 1972 Constitution was designed to guarantee equality before the law and separation of powers.However, since the 1970s, As discussed extensively by Mahmudul Islam in Constitutional Law of Bangladesh (3rd edn, Mullick Brothers 2012), successive governments have used constitutional amendments to consolidate executive power, exploiting institutional weaknesses.Judicial independence has suffered most, eroded by politicised appointments and a lack of structural safeguards.
Wake-up call in June 2024
The tipping point came in June 2024, when the Supreme Court reinstated a 30% quota in public service jobs for descendants of freedom fighters. Student-led protests broke out across universities, demanding merit-based recruitment.The government responded with violent crackdowns, including using live ammunition, mass arrests under the Cyber Security Act 2023, and broad censorship. These actions directly violated rights to life, liberty, and expression, while internet shutdowns and media restrictions deepened public outrage. Additionally, this wasn’t just breach of the students’ constitutional right to protest by the government, but a way of silencing students protesting the injustice in the legal system.
In August 2024, Prime Minister Sheikh Hasina resigned and fled the country. An interim government was formed under Nobel Peace Prize laureate Muhammad Yunus, with student leaders included in the agreement.This transition marked a historic political moment – but one paid for with over 1,400 lives lost and thousands injured.
Restoring the rule of law in Bangladesh
Any genuine effort to restore the rule of law must begin with truth. We must acknowledge that the legal system has too often served political power rather than the public. Judicial appointments under executive control, unchecked law enforcement, and repressive legislation like the Digital Security Act 2018 and its successor have hollowed out the Constitution’s promises.
A credible reform agenda starts with judicial independence. The current appointment system should be replaced by an independent commission. In the UK, the Judicial Appointments Commission ensures apolitical, merit-based selection. A similar model would enhance public trust in the judiciary of Bangladesh as well if the model is well structured.
The interim government must also repeal the Cyber Security Act. Like its predecessor, it criminalises vague offences such as “tarnishing the image of the state”. These provisions are incompatible with Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a signatory.Freedom of expression is not just a civil liberty – it is a democratic necessity.
Oversight and education
Strengthening institutional oversight is also essential. Bangladesh’s National Human Rights Commission has been largely ineffective in addressing abuses by security forces.The UK’s Independent Office for Police Conduct offers a model for holding public authorities accountable. A reformed NHRC, with investigative power and autonomy, is long overdue.
Legal education must also evolve. In the UK, I studied landmark cases like A v Secretary of State for the Home Department, where indefinite detention was ruled incompatible with fundamental rights. This rights-based reasoning must be central to legal training in Bangladesh. Law schools in Bangladesh should prioritise constitutional values, international law, and professional ethics, not being enslaved by the wrongdoing of political dictatorship.
Hope in uncertain times
Reform will not be quick or easy. The legacy of authoritarianism runs deep. But the momentum of the 2024 protests and the formation of a transitional government present a rare opportunity. The rule of law cannot be restored through declarations alone. It must be rebuilt by credible institutions, legal integrity, and civic pressure. The interim government should keep this in mind.
I did not return from the UK with uncertainty. But I came home with a belief in the power of the law when anchored in justice. What we need now is courage, to enact real reforms, confront past abuses, and hold ourselves to a higher standard. The rule of law in Bangladesh can be restored, but only if we choose to fight for it.
