The birth of the endearing nation named Bangladesh carries a distinct legal dimension. Among the nations worldwide that gained independence through armed struggle, Bangladesh stands out as perhaps the sole country where citizens spilled their blood on the battlefield while its supreme architects meticulously ensured the legal validity of its founding. Through the monumental Proclamation of Independence, our predecessors opened new horizons in international law. The process of forging a distinct state for Bengalis represented the first instance on the global stage where Bangladesh exercised its right to self-determination. By virtue of this Proclamation, we established the legitimacy of a unilateral declaration of independence, the principles of international state recognition, and the right to a just government.

In a sweet autumn afternoon of a newly liberated country, we crafted our constitution within a mere nine months—a document soaked in our blood, sweat, and tears. To enable us to “flourish in freedom” and in harmony with the “progressive aspirations of mankind,” we adopted the 1972 Constitution as a reflection of international constitutionalism, making it one of the most progressive legal frameworks of its era. It was the finest gift bestowed upon this nation by the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, whose Article 7 still shines in radiant text:

Had Bangabandhu wished, he could have governed the state unilaterally without enacting a constitution or holding elections, following the Bhutto-Yahya model of Pakistan.

The framework and design of our Constitution reflect the brushstrokes of Shilpacharya Zainul Abedin, the creative intellect of revered Bengali professors, the wisdom of literary scholars and linguists, line fragments from Rabindranath Tagore’s songs, and the touch and signature of Bangabandhu himself. Word by word, the Bengali text of the Constitution forms a procession of linguistic elegance, clearly evident when reading the Fundamental Principles of State Policy and Fundamental Rights enshrined within it.

The period from 1975 to 1996 marks a controversial and dark chapter in the country’s legal evolution. The legal foundation described above should have granted us a refined legal culture; instead, that trajectory was derailed.

Upon assuming power after the historic election of 12 June 1996, Sheikh Hasina first had to repeal the Indemnity Act to prosecute her father’s killers. The BNP-Jamaat opposition boycotted Parliament and called nationwide general strikes. Convicted assassin Shahriar Rashid challenged the repeal in the Supreme Court and lost, while Sheikh Hasina endured these hurdles through formal legal channels. Had she chosen to, she could have established special tribunals to summarily execute the assassins in the manner of General Ziaur Rahman—under whose military tribunals numerous service members, including many freedom fighters, were executed.

Instead, by pursuing the prosecution of the Father of the Nation’s murder through ordinary criminal courts, Sheikh Hasina set a legal precedent that deserves lasting recognition from the people of Bangladesh. When the BNP returned to power in 2001 under Law Minister Moudud Ahmed, the appeal hearing for the Bangabandhu murder case remained stalled for a prolonged period due to an engineered judicial vacancy crisis in the High Court. It took another nine years until 2009, when Sheikh Hasina returned to office, to see the judicial execution of several convicted assassins carried out. Yet, critics labeled her vengeful, while lecturing her on the rule of law.

What a strange irony.

The 1996 Ganges Water Sharing Treaty established a long-term legal framework for water flow from India, set to run until 2026, requiring bilateral talks to address its future framework before expiry. The historic 1997 Chittagong Hill Tracts Peace Accord created a path to end decades of bloody conflict between hill tracts communities and Bengalis. The BNP protested this peace effort through strikes and long marches, failing to offer constructive alternatives. They shunned the information technology revolution yet used it to criticize Hasina.

The 1974 Indira-Mujib Land Boundary Agreement, initiated by the Father of the Nation, was ratified by the Indian Parliament in 2016, freeing enclave residents from sixty-eight years of statelessness.

The 1996 Sheikh Hasina government enacted the Law Commission Act, formalising state commitment to legal reform. The Local Government Acts, Khas Land Settlement Policies, Legal Aid Services Act 2000, Nari O Shishu Nirbatan Daman Act 2000, and Vested Property Return Act 2001 were added to her administration’s achievements. During this period, Bangladesh acceded to the twin 1966 human rights instruments—the ICCPR and ICESCR in 2000 and 1998 respectively—reinforcing our constitutional commitment to international law. In 2001, Bangladesh ratified the 1982 UN Convention on the Law of the Sea (UNCLOS), which later enabled the resolution of maritime boundary disputes against India and Myanmar.

If we divide Bangladesh’s 55-year legal history into two eras, we can categorize them as the pre-2009 and post-2009 periods. In 2009, Bangladesh enacted several landmark statutes rooted in human rights and international law. Subsequent legislation increasingly cited the Constitution, human rights, and international law in its preambles, creating opportunities for indigenous jurisprudence. The degree of Legal Enlightenment generated during this era was disrupted under the Yunus administration through the continuous issuance of executive ordinances.

The 2009 trilogy of legislation—the National Human Rights Commission Act, Right to Information Act, and Consumer Rights Protection Act—led this effort. The 15th Constitutional Amendment in 2011 freed the Constitution from military decrees, restoring the spirit of the Liberation War and its four fundamental pillars: Bengali nationalism, democracy, secularism, and socialism.

Along with other changes, the 15th Amendment introduced two crucial yet underappreciated constitutional provisions: Article 23A for the protection and preservation of the culture and heritage of “tribes, minor races, ethnic sects and communities,” and Article 18A for the protection of the environment and biodiversity for present and future citizens.

Legislation such as the Torture and Custodial Death (Prevention) Act 2013, Overseas Employment and Migrants Act 2013, Children Act 2013, Geographical Indication of Goods Act 2013, and Plant Varieties Protection Act 2019 represented domestic alignments with international human rights standards. The Disaster Management Act 2018 set a regional benchmark for disaster response frameworks.

In 1973, Bangabandhu enacted the International Crimes (Tribunals) Act for prosecuting war crimes; the global community adopted a similar framework much later in 1998 through the Rome Statute. Bangladesh signed the Rome Statute in 1999 and ratified it in 2010. Without these legal foundations, prosecuting international crimes committed during the 1971 Liberation War would have faced insurmountable hurdles.

Today, Bangladesh is a recognized name in international criminal jurisprudence. However, under the interim government, the Ministry of Law under Professor Asif Nazrul introduced multiple amendments to that same Act to prosecute Sheikh Hasina and Awami League leaders. Executions and verdicts under the ICT continue under these modified proceedings.

Bangabandhu enacted the Children Act in 1974; Sheikh Hasina updated it in 2013. Bangabandhu passed the Territorial Waters and Maritime Zones Act in 1974, which her administration later modernized to capitalize on the potential of the Blue Economy. Following ratification of the 1982 UNCLOS, Bangladesh pursued its long-standing maritime boundary claims, resulting in successful dispute resolutions with Myanmar in 2012 at ITLOS and with India in 2014 via an Arbitral Tribunal. This expanded Bangladesh’s access to marine resources.

Sheikh Hasina’s personal focus on developing Bangladesh’s maritime legal architecture distinguished her approach to governance. Enacting the Maritime Zones Act 2021 provided an international-standard legal framework incorporating the concept of ‘Global Commons’ on the high seas.

Bangladesh actively participated in negotiations drafting the BBNJ Agreement. Rear Admiral (Retd) Khurshed Alam, appointed under her administration, represented the nation’s interests regarding Marine Genetic Resources, transfer of marine technology, capacity building, and Environmental Impact Assessments (EIA). Bangladesh signed the BBNJ Agreement on 20 September 2023 and deposited its instrument of ratification at the UN on 26 September 2024. Although Foreign Affairs Adviser Touhid Hossain handed over this ratification document on behalf of the interim government, the long-standing diplomatic legwork carried out under Sheikh Hasina’s administration went unacknowledged.

Sheikh Hasina’s career features instances of direct social intervention. Prior to the 1996 elections, eighteen leprosy patients were stranded along the Kamalapur railway tracks, ostracized by society. Sheikh Hasina visited them, shared a meal with them, and upon assuming power, established a housing project named ‘Prottasha’ in Bandabari, Gazipur. The discriminatory British-era Lepers Act of 1898 was eventually repealed in 2011 through the Lepers (Repeal) Act.

These legal initiatives required sustained policy focus and legislative intent.

While critics raise political arguments against her, her record includes significant legislative contributions toward human rights and legal modernization. She remains a central figure in Bangladesh’s legal and political history.