Wednesday, September 27, 2006

Archaic Laws - Why

Much of our laws/acts/regulations were written ages ago; many in 19th century (several under British rule).

Shining Examples Archaic Laws from the land of Manu:
  • Indian Telegraph Act - 1855
  • The Indian Penal Code which makes homosexuality a crime - 1860. And this same law makes adultery a crime, though only the male who has sex with a married woman can be imprisoned. Not the woman! - 1860
  • Indian Contract Act - 1872.
  • Official Secrets Act - 1923
  • The Banking Regulation Act - 1949

To make matters even more interesting many of these laws have clauses that read like : "Notwithstanding anything written...."

So, what's going on?:

  • Lawmakers are too busy playing caste and vote bank politics - by adding zillion clauses to existing reservation laws. They do not talk about removing creamy layer or need of primary education.
  • Politicians rarely debate such things in Parliament. Many just don't attend; those who do; are either playing regional card; or trying to bring down the opposition.
  • Political Honchos like to leave such things to - so called Experts - or Committees - unless it is something that can help their political careers.
  • Bureaucrats largely choose to let things - 'just be'.

We do actually have a very very large number of laws. Are a large number of laws indicative of a problem? Yes indeed - which is - Poor interpretation of laws (often purposeful - reservations is an example of that).

India and Its Archaic Media Laws

Indian Bare Acts


At 10:33 AM, Blogger Sunil Parmar said...

You've raised a very sensible issue.
When Dr.B.R.Ambedkar raised the reservation issue it was implemented for 10 years only, after that it was to b erradicated but these politicians have made it as a card for election.

Next is that there is need of rules and regulations.
When the parliament is adjurned for a single day.there's loss of many carores to the Indian gov't but politicians never care...
May be it's time to do something...

At 11:46 PM, Blogger Twisted DNA said...

Very interesting. I think unless the laws are challenged in the court, they won't be changed. But since nobody knows about them, nobody challenges :) chicken and egg.

One exception is, the sodamy law was challenged recenlty and upheld by the supreme court, just to let people know that we are not out of the dark ages yet.

At 3:10 AM, Blogger Apun Ka Desh said...

Sunil, Twisted DNA >

Yes indeed lawmakers are fast asleep; and when they are awake they spend their energies in wrong direction.

Courts can do only so much; becz to suit themselves, political honchos will change the laws - and court can't do much - reservations is a shining example on this.

Inspite of Supreme Court Order that Reservations cannot exceed 50%, states like Tamil Nadu went ahead and enacted newer laws doing just - what they were told not to do.

Democracy has been equated to Populism by cheap poltical gimmicks.

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