Bangladesh is a common law country, with its legal system inherited from the British during their colonial rule over British India. The region now known as Bangladesh was referred to as Bengal during both the British and Mughal periods, and by other names in earlier times. While religious and political institutions existed from ancient times, the Mughals were the first to recognise and formalize them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens.[1] The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
During periods of martial law in the 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own constitution. They include the country's prostitution law, special powers act, blasphemy law, sedition law, internet regulation law, NGO law, media regulation law, military justice and aspects of its property law. Many colonial laws require modernization.
There are no jury trials in Bangladesh. All criminal and civil cases are decided in bench trials.
The Bangladesh Code has been published since 1977. Most of its laws, dating between 1836 and 1987, are in English. Following a government circular in 1987, the code has been published primarily in Bengali. The language of the Supreme Court and High Court is English. However, most magistrates courts and district courts use Bengali. The lack of a uniform language has been a cause of concern, with arguments in favor of both English and Bengali. The country's financial sector depends on English, whereas cultural nationalists prefer Bengali.
Freedom of information
The Right to Information Act of 2009, passed by the Jatiya Sangsad, was hailed as a major reform. The law allows information requests to most government departments, except the military. Hence, security agreements with foreign countries are not under its purview.
Bangladesh's company law has its roots in the Joint Stock Companies Act 1844 enacted by the Parliament of the United Kingdom. It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929. The Securities and Exchange Ordinance, 1969 was the most important piece of legislation incorporating corporate activities during the Pakistan period. After the independence of Bangladesh, post partition Indian company law served as a model for reforms. The Company Law Reforms Committee was set up in 1979 with leading civil servants, chartered accountants and lawyers. The committee's recommendations were not implemented until 1994, when the Companies Act (Bangladesh) 1994 was passed by the Jatiyo Sangshad. The Securities and Exchange Commission Act of 1993 created the Bangladesh Securities and Exchange Commission to oversee the country's two stock markets.[8]
The Customs Act 1969 served as the foundation of customs law until 2023, when it was replaced by the Customs Act, 2023.[12] The Income Tax Ordinance were promulgated in 1984. In 2023, it has been replaced by the Income Tax Act of 2023.[13]Value Added Tax was revised with the Value Added Tax (VAT) and Supplementary Duty (SD) Act 2012.[14]
The Municipal Taxation Act 1881 governs municipal taxes.[15]
Labour law
The Bangladesh Labour Act 2006 was amended with the Bangladesh Labour (Amendment) Bill, 2013 to improve worker rights, including greater but limited freedom to form trade unions, and improving occupational health and safety condition in factories. In 2017, the government pledged to remove the ban on trade unions in export processing zones.[16]
Property law
The Constitution guarantees the right to private property. The Transfer of Property Act, 1882 is the principal legislation concerning property transactions. However, some government agencies like RAJUK restrict property transfers in urban areas through foreign direct investment. The Vested Property Act allows the government to confiscate property from entities or individuals deemed as enemies of the state.
Intellectual property law
The Patent and Designs Act 1911 was the country's oldest legislation concerning patents and designs.[17] It has now been repealed and replaced by two separate laws: the Bangladesh Industrial Designs Act of 2023 and the Patents Act of 2023. The Copyright Act 2023 and the Trademarks Act 2009 are the other main laws.[18]
In Bangladesh, a lawyer is called an advocate after enrolling with the Bar. Law students also have the option to pursue legal education abroad–such as training to become barristers in the United Kingdom or other countries–and may return to Bangladesh to enroll as advocates with the Bangladesh Bar Council. Membership in the Bangladesh Bar Council is mandatory for anyone wishing to become an advocate, and requires passing a prescribed enrollment examination. Before qualifying as an advocate, a law graduate must complete a minimum of six months of apprenticeship under a senior lawyer at a Bar Association.
After becoming an advocate, one must practice for a minimum of two years at a Bar Association before becoming eligible to join the Bangladesh Supreme Court Bar Association, which requires passing the prescribed High Court Permission Examination.
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