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About
two-thirds of our laws have not been used in independent India.
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About
10 per cent of them can be scrapped right away.
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And
most of the 10 per cent in use currently have so many obsolete and
conflicting provisions that they serve far more as instruments of
harassment than effective means of justice.
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The
oldest law in the country has been in operation for over a century
and half. The one sentence 1836 Bengal District Act empowers the
Bengal government to create as many zillas as it wants. The Act
still exists.
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As
do a host of other like the Indian Post Office Act of 1885, the
Indian Evidence Act of 1850 or the Indian Sarais Act of 1867. Most
of them cater to a colonial and feudal socio-economic environment.
And they exists side by side, mostly in complete disharmony, with
the Acts passed by independent India, the Industrial Disputes Act
of 1947, the Companies Act of 1956 and the Patents Act of 1970 (replacing
the 1911 Act) and the Act last passed, the amended Copyright Act,
1994.
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Under
the Indian Sarais Act, 1867, it is a punishable offence for inn-keepers
not to offer free drinking water to passer-by. Recently, a Delhi
five-star hotel was taken to court by the municipal corporation
on the grounds that the hotel was not doing so.
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Only
about 40 per cent of our laws are in regular use. Independent India
has till now found no conceivable use for the rest.
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The
Indian Telegraph Act, which was passed in 1885, when the concept
of television obviously didnt exist, has been invoked five
times in the past three years by Doordarshan over telecast rights
of cricket matches played in India. This very nearly derailed the
telecast of the 1996 World cup.
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In
the past century and a half, the socio-economic framework of the
country has undergone radical changes, but the legal structure has
failed to keep pace with it.
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While
India badly needs efficient laws, the time spent by the law-making
body on the job is unbelievably little. Parliament spends less than
0.6 per cent of a Lok Sabha day on law-making.
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