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Laws of the land

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Swapnil Pal
Swapnil Pal

The document discusses the need to reform outdated and archaic laws in India to build a modern democracy. It notes that at least 174 laws were passed before 1900 under British rule, and 199 laws are over 100 years old with little relevance today. Certain laws still on the books, like the Ganges Toll Act of 1867, impose levies that are no longer applicable. Overall, the document argues that outdated laws hinder good governance, economic growth, and law and order. Reform is needed to update laws and bring them in sync with modern times and realities.

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Change the absurd & antediluvian laws of the land to build the India of your dreams
Antediluvian Laws o At least 174 laws were passed before 1900 when India was under the British rule. o At least 199 laws are 100 years old and they are of little or no use today.
Do we need reform? Pre-Independence Post-Independence
Do we need reform? Embarrassment Raid Bribery Harassment
Certain questions which need to be answered! Why do we need a new act? What is wrong with old and existing laws? What are the objectives of new acts? What are the objectives of policing in India? What are the challenges faced? Is it the right time to bid goodbye to old laws?
Why better laws? Maintaining law and order Ensuring consistent growth Improve governance as a whole.
Age old laws Indian Penal Code, 1860 Police Act, 1861 Evidence Act, 1872 Contract Act, 1872 Land Acquisition Act, 1894 Indian Telegraph Act, 1885 Indian Trust Act, 1882 Negotiable Instrument Act, 1881 need to be in sync with modern times.
Change is vital...! The govt too has begun the process of replacing those acts. The special commission appointed by NDA government in 1998 and headed by PC Jain, identified at least 1,382 laws for repeal, but only 415 have been repealed to date; 17 are in various stages of repeal and nine are still being examined. Till date, the Parliament has enacted more than 3,500 laws and almost 25,000 state legislatures.
Law of the land The Sarai Act, 1867 Some years ago, a district magistrate used it to warn a hotel in mughalsarai for allowing actor Aamir Khan to stay incognito. The act makes it mandatory for a sarai (hotel, guesthouse) keeper to verify a persons identity before allowing him/her to stay. Ganges Toll Act, 1867 Authorities can impose a levy on steamers and boats plying between Allahabad and Dinapur, not exceeding 12 annas. This act remains along with National Waterway Act, 1982. Fort William Act, 1881 Article III of this act says Fort William and the maidan (both are in Kolkata) should be a no-nuisance land. It shall be the duty of every police officer, non-commissioned officer or military policemen to arrest, without a warrant, anyone who commits any of these offences throwing dirt or rubbish into the drains or upon the roads or the maidan.
1861- Police Act o Section 23 lay down that the duties of officers are to promptly obey and execute all orders and warrants lawfully issued by any competent authority. o Section 15 provides for the stationing of additional punitive police in any part of the province found to be disturbed from the conduct of the inhabitants. o Section 17 provides for the appointment of the residents as special police officers to assist the regular police o Section 19 provides powers to punish people refusing to serve as such. o Section 30 empowers the police to license the assemblies and processions of people that could be refused on grounds of threat to law and order.
Section 144 Prohibitory order What it says What it means Law to ban protests in a certain The ambit of criminal code area. procedure is actually much wider. The law gives powers to a Used in routine and for magistrate to order a person to everything from burning abstain from an act, which candles during protest to could obstruct or cause ordering paan shops to shut by annoyance or injury to any 1am. person lawfully employed, or pose a danger to human life, health or safety
Section 144 Prohibitory order What it says What it means The law is used when a local It was used to clamp down magistrate foresees any danger nationalist agitation like salt to life, or a disturbance of the tax, issued against Jawaharala public tranquillity, or a Nehru, Mahatma Gandhi and riot, or even wants to prevent Madan Mohan Malviya. any obstruction, annoyance or In present era, it was used for injury to any person lawfully everyone from Ram Manohar employed. Here, one can ask Lohia to VP Singh to Baba anyone to abstain from a Ramdev and justified by all certain act, to take an action governments. that can ward off that danger.
To liquor shops to install CCTV, inform Section 144 police of public drinking at the outlet. Prohibitory order To BPOs to ensure safety of women employees when they are being dropped home at night. Where else this law is To landlords to give information on tenants issued to police/ tenants must also register with the police. To second hand car dealers to record information on sellers and buyers, inform police of suspicious transactors. To cyber cafes to verify identities and register users. To couriers to maintain a record of senders and goods sent. To ban on carrying live flames or live candles or live fire in any form in processions, rallies functions.
The police performance does not meet the expectations of citizens as of being constrained to function under an outmoded and 'politically more useful' system. It is identified as politically partisan performing, brutal, corrupt and inefficient, which is the clear perceptions of the police institution in the country.
Do old laws hurts Industry? Yes! since the Acts and the rules neither recognise current realities, nor do they facilitate compliance, there is a tendency to evolve mechanisms which are not in the interest of employees, employer or even the state. Harassment and circumvention emerge as the key conduct. The Jain Commission, in its 'Report of the Commission on Review of Administrative Laws' (September 1998), commented: "There is a perception among many people that despite a fairly extensive state intervention and a regulatory regime in our country, there is no real deterrence and effective enforcement for the benefit of society in general and the average citizen in particular."
Can severe law deter crime? Laws dont prevent crime, They punish it We legislate criminal laws for We create corporate regulations three broad reasons: for following purposes: Let people know exactly Inform companies what is what is acceptable and unacceptable economic unacceptable behaviour. behaviour. Punish people who violate Punish corporate these norms. management who violate Remove the dangerous these norms. people from society for the Remove dangerous protection of everyone else. economic behaviours from society.
Can severe law deter crime? Laws dont prevent crime, They punish it Strict laws do not prevent crimes. We can legislate all the criminal laws we want, but there will still be bank robberies and drunk driving and murders. We pass laws not to prevent these acts from taking place, but rather, to make sure their is a very high cost to committing them. What one need to understand that for tougher laws and to provide severe punishments: we need stronger evidence, Court need more time to judge, Courts may be reluctant to award conviction, with the fear of miscarriage of justice. What can reduce crime is the certainty of punishment!
Laws What is the perception of What should be the perception present laws of laws A government leader is Provides better security perceived to be corrupt, slow and a paper-pusher, the owner Provide protection to the of the system. people of the country A corporate leader is seen as a Uphold human rights greedy, unscrupulous money earner who beats the system. Improve governance as a Media leader is someone who whole. is always challenging the system Leader in public life is a lone ranger fighting a losing battle against the system.
To an Indian dream WHEN India won independence 65 years ago, its leaders had a vision for the countrys future. In part, their dream was admirable and rare for Asia: liberal democracy. Thanks to them, Indians mostly enjoy the freedom to protest, speak up, vote, travel and pray however and wherever they want to; and those liberties have ensured that elected civilians, not generals, spies, religious leaders or self-selecting partymen, are in charge. If only their counterparts in China, Russia, Pakistan and beyond could say the same. When it is said that archaic laws need to be changed, we need to understand what it means. The governing principle while making any law is to protect equality and justice. We have laws in our statute book which are even 200 years old. For example, before the Constitution of India was drafted, we had the Government of India Act, 1935, and you will find that most of the clauses in both of them are common.
To an Indian dream Most of the new acts have born out of the older ones. The law of treason and sedition, Section 124-A of the Indian Penal Code (IPC), must be repealed. Whenever old law is repealed and new one is drafted, it is always to protect the present society. Therefore, it is important for laws to carry expiry dates so that they can be repealed when they stop serving their purpose with changing times. These antediluvian laws are hindering Indias progress, not helping it. It is time to shake off the past and dump them. The country needs leaders who with their pragmatic approach see the direction it should take, understand the difficult steps required, and can persuade their countrymen that the journey is worthwhile. If it finds such leaders, there is no limit to how far India might go.
The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke (1729-97)
THANK YOU
References Internet http://articles.economictimes.indiatimes.com/2013-01- 06/news/36162202_1_prohibitory-orders-crpc-criminal-procedure- code http://en.wikipedia.org/wiki/Law_of_the_land http://www.thehindu.com/news/national/fearing-police-action- tribals-continue-to-hide-in- forests/article387465.ece?textsize=small&test=2 http://indiatogether.org/2006/feb/gov-padcrole.htm http://indiatogether.org/2006/mar/gov-policebk.htm http://indiatogether.org/2006/jan/gov-policeact.htm http://www.thehindu.com/news/national/fearing-police-action- tribals-continue-to-hide-in- forests/article387465.ece?textsize=small&test=2
References http://www.ritholtz.com/blog/2012/03/laws-dont-prevent-crime-they- punish-it http://articles.economictimes.indiatimes.com/2013-01- 02/news/36111589_1_stringent-punishment-antony-social-organisations http://articles.timesofindia.indiatimes.com/2013-01- 07/bangalore/36191787_1_punishment-delhi-gang-offenders http://crime.about.com/od/prevent/a/deterrence.htm http://www.economist.com/node/21563720 http://www.ritholtz.com/blog/2012/03/laws-dont-prevent-crime-they- punish-it/ http://timesofindia.indiatimes.com/business/india-business/Statutory- warning-Old-laws-hurt-industry/articleshow/17406315.cms http://umanitoba.ca/outreach/evidencenetwork/archives/4653 http://www.umsl.edu/~keelr/200/ratchoc.html

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Laws of the land

  • 1. Change the absurd & antediluvian laws of the land to build the India of your dreams
  • 2. Antediluvian Laws o At least 174 laws were passed before 1900 when India was under the British rule. o At least 199 laws are 100 years old and they are of little or no use today.
  • 3. Do we need reform? Pre-Independence Post-Independence
  • 4. Do we need reform? Embarrassment Raid Bribery Harassment
  • 5. Certain questions which need to be answered! Why do we need a new act? What is wrong with old and existing laws? What are the objectives of new acts? What are the objectives of policing in India? What are the challenges faced? Is it the right time to bid goodbye to old laws?
  • 6. Why better laws? Maintaining law and order Ensuring consistent growth Improve governance as a whole.
  • 7. Age old laws Indian Penal Code, 1860 Police Act, 1861 Evidence Act, 1872 Contract Act, 1872 Land Acquisition Act, 1894 Indian Telegraph Act, 1885 Indian Trust Act, 1882 Negotiable Instrument Act, 1881 need to be in sync with modern times.
  • 8. Change is vital...! The govt too has begun the process of replacing those acts. The special commission appointed by NDA government in 1998 and headed by PC Jain, identified at least 1,382 laws for repeal, but only 415 have been repealed to date; 17 are in various stages of repeal and nine are still being examined. Till date, the Parliament has enacted more than 3,500 laws and almost 25,000 state legislatures.
  • 9. Law of the land The Sarai Act, 1867 Some years ago, a district magistrate used it to warn a hotel in mughalsarai for allowing actor Aamir Khan to stay incognito. The act makes it mandatory for a sarai (hotel, guesthouse) keeper to verify a persons identity before allowing him/her to stay. Ganges Toll Act, 1867 Authorities can impose a levy on steamers and boats plying between Allahabad and Dinapur, not exceeding 12 annas. This act remains along with National Waterway Act, 1982. Fort William Act, 1881 Article III of this act says Fort William and the maidan (both are in Kolkata) should be a no-nuisance land. It shall be the duty of every police officer, non-commissioned officer or military policemen to arrest, without a warrant, anyone who commits any of these offences throwing dirt or rubbish into the drains or upon the roads or the maidan.
  • 10. 1861- Police Act o Section 23 lay down that the duties of officers are to promptly obey and execute all orders and warrants lawfully issued by any competent authority. o Section 15 provides for the stationing of additional punitive police in any part of the province found to be disturbed from the conduct of the inhabitants. o Section 17 provides for the appointment of the residents as special police officers to assist the regular police o Section 19 provides powers to punish people refusing to serve as such. o Section 30 empowers the police to license the assemblies and processions of people that could be refused on grounds of threat to law and order.
  • 11. Section 144 Prohibitory order What it says What it means Law to ban protests in a certain The ambit of criminal code area. procedure is actually much wider. The law gives powers to a Used in routine and for magistrate to order a person to everything from burning abstain from an act, which candles during protest to could obstruct or cause ordering paan shops to shut by annoyance or injury to any 1am. person lawfully employed, or pose a danger to human life, health or safety
  • 12. Section 144 Prohibitory order What it says What it means The law is used when a local It was used to clamp down magistrate foresees any danger nationalist agitation like salt to life, or a disturbance of the tax, issued against Jawaharala public tranquillity, or a Nehru, Mahatma Gandhi and riot, or even wants to prevent Madan Mohan Malviya. any obstruction, annoyance or In present era, it was used for injury to any person lawfully everyone from Ram Manohar employed. Here, one can ask Lohia to VP Singh to Baba anyone to abstain from a Ramdev and justified by all certain act, to take an action governments. that can ward off that danger.
  • 13. To liquor shops to install CCTV, inform Section 144 police of public drinking at the outlet. Prohibitory order To BPOs to ensure safety of women employees when they are being dropped home at night. Where else this law is To landlords to give information on tenants issued to police/ tenants must also register with the police. To second hand car dealers to record information on sellers and buyers, inform police of suspicious transactors. To cyber cafes to verify identities and register users. To couriers to maintain a record of senders and goods sent. To ban on carrying live flames or live candles or live fire in any form in processions, rallies functions.
  • 14. The police performance does not meet the expectations of citizens as of being constrained to function under an outmoded and 'politically more useful' system. It is identified as politically partisan performing, brutal, corrupt and inefficient, which is the clear perceptions of the police institution in the country.
  • 15. Do old laws hurts Industry? Yes! since the Acts and the rules neither recognise current realities, nor do they facilitate compliance, there is a tendency to evolve mechanisms which are not in the interest of employees, employer or even the state. Harassment and circumvention emerge as the key conduct. The Jain Commission, in its 'Report of the Commission on Review of Administrative Laws' (September 1998), commented: "There is a perception among many people that despite a fairly extensive state intervention and a regulatory regime in our country, there is no real deterrence and effective enforcement for the benefit of society in general and the average citizen in particular."
  • 16. Can severe law deter crime? Laws dont prevent crime, They punish it We legislate criminal laws for We create corporate regulations three broad reasons: for following purposes: Let people know exactly Inform companies what is what is acceptable and unacceptable economic unacceptable behaviour. behaviour. Punish people who violate Punish corporate these norms. management who violate Remove the dangerous these norms. people from society for the Remove dangerous protection of everyone else. economic behaviours from society.
  • 17. Can severe law deter crime? Laws dont prevent crime, They punish it Strict laws do not prevent crimes. We can legislate all the criminal laws we want, but there will still be bank robberies and drunk driving and murders. We pass laws not to prevent these acts from taking place, but rather, to make sure their is a very high cost to committing them. What one need to understand that for tougher laws and to provide severe punishments: we need stronger evidence, Court need more time to judge, Courts may be reluctant to award conviction, with the fear of miscarriage of justice. What can reduce crime is the certainty of punishment!
  • 18. Laws What is the perception of What should be the perception present laws of laws A government leader is Provides better security perceived to be corrupt, slow and a paper-pusher, the owner Provide protection to the of the system. people of the country A corporate leader is seen as a Uphold human rights greedy, unscrupulous money earner who beats the system. Improve governance as a Media leader is someone who whole. is always challenging the system Leader in public life is a lone ranger fighting a losing battle against the system.
  • 19. To an Indian dream WHEN India won independence 65 years ago, its leaders had a vision for the countrys future. In part, their dream was admirable and rare for Asia: liberal democracy. Thanks to them, Indians mostly enjoy the freedom to protest, speak up, vote, travel and pray however and wherever they want to; and those liberties have ensured that elected civilians, not generals, spies, religious leaders or self-selecting partymen, are in charge. If only their counterparts in China, Russia, Pakistan and beyond could say the same. When it is said that archaic laws need to be changed, we need to understand what it means. The governing principle while making any law is to protect equality and justice. We have laws in our statute book which are even 200 years old. For example, before the Constitution of India was drafted, we had the Government of India Act, 1935, and you will find that most of the clauses in both of them are common.
  • 20. To an Indian dream Most of the new acts have born out of the older ones. The law of treason and sedition, Section 124-A of the Indian Penal Code (IPC), must be repealed. Whenever old law is repealed and new one is drafted, it is always to protect the present society. Therefore, it is important for laws to carry expiry dates so that they can be repealed when they stop serving their purpose with changing times. These antediluvian laws are hindering Indias progress, not helping it. It is time to shake off the past and dump them. The country needs leaders who with their pragmatic approach see the direction it should take, understand the difficult steps required, and can persuade their countrymen that the journey is worthwhile. If it finds such leaders, there is no limit to how far India might go.
  • 21. The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke (1729-97)
  • 23. References Internet http://articles.economictimes.indiatimes.com/2013-01- 06/news/36162202_1_prohibitory-orders-crpc-criminal-procedure- code http://en.wikipedia.org/wiki/Law_of_the_land http://www.thehindu.com/news/national/fearing-police-action- tribals-continue-to-hide-in- forests/article387465.ece?textsize=small&test=2 http://indiatogether.org/2006/feb/gov-padcrole.htm http://indiatogether.org/2006/mar/gov-policebk.htm http://indiatogether.org/2006/jan/gov-policeact.htm http://www.thehindu.com/news/national/fearing-police-action- tribals-continue-to-hide-in- forests/article387465.ece?textsize=small&test=2
  • 24. References http://www.ritholtz.com/blog/2012/03/laws-dont-prevent-crime-they- punish-it http://articles.economictimes.indiatimes.com/2013-01- 02/news/36111589_1_stringent-punishment-antony-social-organisations http://articles.timesofindia.indiatimes.com/2013-01- 07/bangalore/36191787_1_punishment-delhi-gang-offenders http://crime.about.com/od/prevent/a/deterrence.htm http://www.economist.com/node/21563720 http://www.ritholtz.com/blog/2012/03/laws-dont-prevent-crime-they- punish-it/ http://timesofindia.indiatimes.com/business/india-business/Statutory- warning-Old-laws-hurt-industry/articleshow/17406315.cms http://umanitoba.ca/outreach/evidencenetwork/archives/4653 http://www.umsl.edu/~keelr/200/ratchoc.html