Are Indian Laws Obsolete?
The Article has been authored by our Team Lead, Rhishika Srivastava. 'Are the Statutory Laws drafted during the time of Britishers suit to the demands of the Nation even today?' The need of such discussion arises because most of our primary laws were drafted more than 150 years ago. Have they become too old to be followed today? Have the circumstances changed? Let us find out through this Article.
One of the main questions and matter of deep ponderance that keeps on revolving about the Indian Legal System is that “Are the Statutory Laws drafted during the time of Britishers suit to the demands of the Nation even today?”
Why is there a need for Change?
When we keep on thinking about the concerned question, it does not take much time to arrive at the conclusion that the Indian Legal System is in a want of major overhauls when it comes to various laws drafted during the 1800s or early 1900s. The main Statutes on which the Justice delivery system of India rests, for instance Indian Penal Code, Code of Criminal Procedure, Indian Contracts Act, Code of Civil Procedure, inter alia, were drafted post 1860 and supplementing the hypes by the Britishers who wanted to rule over India in an absolute venalism.
By this I certainly do not mean that what India today has is a hoard of gobbledygook rather would want to point out the major fact that we are now living in 21st century with year 2018 at hand. It has been nothing less than 158 YEARS since we are applying the same base laws to deal with in-exhaustive legal issues which pile up with novelty on a daily basis. Taking one of the prevalent concern about criminalizing Marital Rape. I doubt there would not be a single Indian, who shall be against this criminalization; save the fact when he himself practice such gauche Act. Even when with the need of the hour, the Supreme Court has declared Right to Privacy as a Fundamental Right under Article 21 of the Indian Constitution, there lies the 1860 drafted Indian Penal Code which does not put the same into the category of a penal offence or perhaps crime. I am undoubtedly not obviating the Fact that the Constitution being the Supreme Lex Loci, would ultimately lead to the Amendment in any Code which goes against its any of the established provisions, let alone Part 3 then. But that is what my whole contention is about, even the Constitution today agrees that there are certain things which definitely need to be put up under the umbrella of legalities, marital rape in this instance; and that the Codes drafted since Indus Valley Civilization (Personified) need radical amendments to fit in the demands of developing India and her people.
Taking yet another point into the cognizance, let us say that the devils under us, i.e. humans have developed new insights to destruction and hammering the smoothness of ongoing status quo. Today there lie N number of technological interventions, cyber attacks, weapons of mass destructions and various other such techniques that were once never thought of. I again agree that there is a dynamic process of Law making which is trying its Hardest for keeping its pace with growing Nation, for example taking into view the aforementioned happenings, there were enactions of other laws like Information Technology Act and others. But yet again it too makes my contention even stronger that such innumerable new enactions are coming into play only because even the law makers know that the base code of ours are outdated and do not have provisions to deal with these entirely new and budding issues. Had there been major overhauling of the existing parent codes, there might not have arisen the need of enacting these many branch laws almost every other day. I fail to understand why has not this been the case! Why instead of enacting new laws to deal with different budding areas, the Law makers attempt to make the existing parent codes at par with the growing Nation.
The instances I pointed out are just a couple in numbers, however there is a presence of a gigantic count of such areas which require an all- embracing refurbishment to stand at par with the current requisites. Thinking practically makes me wonder that in case New laws continue to get enacted with this pace for every new need, there shall be a radical plethora of Laws, both difficult and never ending to comprehend, know and apply for actual justice delivery. I am hence with the school of bringing certain direly needed changes to the 158 years old laws rather than adding 158 new laws for every other need.
At the end I would sum up by mentioning the fact that Justice is not only the want but also the need of the people. If we dream to give a 40 years old man the Justice as per 158 years old Law, we are going to mock this justice at some or the other juncture, I doubt we are still on the same track. Trust me, the Laws are not this complicated as they seem to be and are made to be. There is a dire need of making few much necessary amendments to the existing laws and yes in an understandable language, free from wrongful interpretations rather than making things really complicated by adding up new codes every other day. There lies an utmost need of comprehending the datum that true equity requires ever understanding the requirements of its subjects.