There are several
reasons for a law becoming obsolete:-
(a)
Natural reasons- the passage of time, change of situation, over-exploitation of loopholes.
The Police Act,
1861, still requires a policeman to take off his cap or helmet before a member of royalty.
A ridiculous provision that nobody has thought of removing so far.
The Indian
Contract Act and the Specific Relief Act, 1963 have overlapping areas, leaving enough room
for confusion. A person sacked from a job may decide to sue his employer under the Indian
Contract Act, while the employer may take refuge under the Specific Relief Act.
Section 108 of
the Customs Act and Section 171A of the Sea Customs Act are identical, offering a wide
choice to both trigger-happy enforcement people and offenders looking for a loophole to
slip through.
The Smugglers
and Foreign Exchange Manipulators Act, 1976, a variant of COFEPOSA, whose sole objective
is to forfeit illegally acquired properties of smugglers or forex manipulators and applies
only to those convicted under the Sea Customs Act, 1878 and Customs Act, 1962.
(b) Historical
(i) The Indian
Telegraph Act, 1885 and the Indian Wireless Telegraph Act, 1933. Apart form being archaic
to varying degrees, they also broadly overlap in jurisdiction and content. The word
telegraph embraces telephone and radio and gives the Center exclusive rights
to license private parties to establish the telegraph for their own or private use. Most
of these provisions have become outdated after the Telecom Policy of 1994 and Telecom
Regulatory Authority of India Ordinance, 1996. |