Dinesh Kamath's Editorial 'Get rid of obsolete laws' that was published in Newsband

Get rid of obsolete laws

There is need to review laws and weed out the obsolete ones. Law-making is a long and tedious process. Unmaking existing laws is an equally arduous task. There are some obsolete Acts still exiting in the law books. These laws are archaic mainly because the social, economic and legal conditions that required their enactment does not obtain today;

 The obsolete concepts and notions that underlie law-making require an overhaul. The problem with not removing archaic laws is that they could be invoked suddenly against unsuspecting and otherwise law-abiding citizens. There should be a permanent commission to review the existing body of law and identify those that require repeal as often as possible. The reforms and updates on laws of India suggested, endorsed and recommended by the Law Commission of India have been attracting the attention of the dust bin many a time.

Laws are just a reflection of a society and its needs. A law made may be obsolete with not in use. No doubt, there are series of laws which needed to be rectified or annulled in case it is outdated. There must be a permanent body which regularly study and analyse the essence of the law and give its recommendations to outdate it.

Legal experts, human rights activists, environmental scientists and sociologists must come together and form a committee to review every old and new law and formulate legal system according to the need of the present times

This is a much desired measure of legal reform. The archaic acts make the statue book burdensome and voluminous. As such, it tends only to support the concerned heads and not to guide the latter. Jettisoning of the archaic algae from the statue book would render the legal system modern and progressive. Also, it would equip the governance machinery deliver the goods.

Although it’s a good sign that the present government at the centre has been active on removing redundant and archaic laws, but the important question remains is why was the same not pursued by the previous governments?

 The redundant laws only add excess load to the Indian judiciary without contributing anything substantial to the already lengthy and tangled process of getting justice. The step taken by the present government shows it's commitment towards ensuring rule of law in the country.

Provide employment for some retired bureaucrat or politician or judge who have all contributed for this state of affairs? Like destruction of old records in offices is part and parcel of the regular responsibilities of the in service staff of the offices, there should be a manual in each department of government and of judiciary for identifying the obsolete laws and for their removal from statute books. An ongoing review is essential; there is no need for a permanent commission.

Updating laws should be a continuous process. Each ministry should identify obsolete laws and immediately replace with new one. Draft should be prepared in consultation with all stake holders. Each ministry should have separate cell for updating the laws. Someone should be accountable for inaction.