As far as colonial context is concerned, when British was in power, there was a process of legislation and the execution of those Colonial Laws made after legislation was said to be “Rule Of Law”. Do you think this kind of definition of Rule of Law is sufficient to make a society surely democratic and plural society? My point of view urges to look deeper, examine and reframe this concept! I think so the slogan Rule of Law is self-contradictory and an oxymoron in our particular colonial context. I suggest to raise voice for Rule of Just Law because rule of Law was introduced when British empire was in power here, they made laws, we inherited those laws and they are implemented till now. Do you think that upholding this oppressive legislation, colonial laws and oppressive legal regime is the solution to our problem? I say No!
There are 3 categories in our legislation so far, those are:
Colonial Laws Which we directly inherited by unquestioned and unexamined way. We declared them valid and opted them Like the Article 270A,AA and AAA of our Constitution.
Laws made during military regimes: As far as legal character of this legislation is concerned it is clear that during military dictatorship laws made by a non-representative regime. When democratic order came after the transfer of power we were forced to validate and own them.
Made in Parliament without the consent of People: Like WTO or IMF raise demand to legislate with their consent. International Powers are forcefull biased and legislature made the law and then executed. No proper critical view involved or awareness given to people? Either they sensitized the entire nation upon that particular piece of legislation?
We are in the phase of new Colonialism which can be so called Independence. This reminds me of Zulfikar Ali Bhutto’s book “Myth of Independence”. Although some of us don’t like Mr. Bhutto but the consensus gives his book a sense of participation. Because he was the first, who realized the concept of new colonialism and tried to combat with that issue Internationally. Mr. Bhutto keen observation was New Colonialism which forced him to present “Myth Of Independence”. We are Politically, Structurally, Economically and Intellectually in the chains of New colonialism after colonialism. These are other four aspects to be noticed. Our Hard Work is ultimately strengthening the imperial metropolice. Our Hard work compliance it. So we have to be Independent and break the chains of New colonialism Intellectually, Politically, Structurally and economically.
In this era, Rule of Law slogan could be changed! Infact, so called Rule of Law empowers Oppressive legal regimes and perpetuates them. Because of so called Rule Of Law: There are Missing Persons around, Judicial System is Challenged, Police is not producing arrested one before the court within 24 Hours, There is no Fair Prosecution, Majority is Tax Defaulter, Immunities to Executives is offered, Accused are escaped, It provides ground to fake extra Judicial Killings, There are no proper road safety laws, Officials are Involved in various extra judicial activities, Government Officials have more assets than their income, Capitalism is promoted, Underworld crime is nutritioned.
These kinds of crimes are nutritioned because the executives are culprits, they know with time amendments will promote awareness among people. Numerous other factors are their affecting the people in a State due to these colonial laws. Constitutiona reforms will give birth to the Rule of Just Law. Nothing could be gained without massive replacement and massive reformation Legally, Operationally and Institutionally.
All of the sudden need is Constitutional reforms, Police reforms and Prosecutional reforms. That is why Rule of Law slogan could be changed replacing Rule of Just Law because current law executed in our country is derived by unquestioned and unexamined way. People were not given a sense of participation.