Indian Government has decided to scrap some old laws from its law book. There is huge list of use-less laws that are still there in the Indian law books. 258 laws are found out to be so much obsolete that they have no concrete base to be kept there in books. More than 300 laws dating from the colonial era, still running in the law books.
Although telegram services ended in 2013 but India still has a law regulating possession of telegraph wire. Number of outdated laws relating to former princely states and the nationalization of industries and banks still exists. There are over an estimated 3000 central statutes which are obsolete, redundant or repetitive. Here we tried to compile the list of laws, picked at random, that India could easily get rid of.
• The Hindu Inheritance (Removal of Disabilities) Act, 1928 : It is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts. It is hereby enacted as follows:-
- This Act shall not apply to any person governed by the Dayabhaga School of Hindu Law;
- Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded from inheritance or from any right or share in joint family property by reason only of any disease, deformity, or physical or mental defect;
- Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the 20th September, 1928, or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.
It is of no use because Indian Constitution has mentioned the same objective in law of equality. It is fundamental right to have equality for disabled people and patients.
• The Disputed Elections (PM and Speaker) Act, 1977 : This law was formed during emergency in India. An Act to provide for Authorities to deal with disputed elections
to Parliament in the case of Prime Minister and Speaker of the House
of the People and for matters connected therewith. Acc. to this, candidate for the post of PM and Speaker cannot be challenged which is not followed at present. There is a doubt over legitimacy this law.
• Bengal Suppression of Terrorist Outrages (Supplementary) Act, 1932 : The law was enacted to suppress the Indian freedom movement.
• The Registration of Foreigners' Act, 1939 : This law requires every foreigner staying in India for more than 180 days to report his/her entry, movement from one place to another and departure, to the authorities. Introduced by the British to regulate the entry and movement of foreigners in India - particularly of Indian revolutionaries from abroad - the law also requires owners and managers of hotels and boarding houses, and aircraft or ships to report the presence of any foreigners.
Many say the law has become a tool to harass foreigners and is an impediment to India's efforts to boost tourism.
• The Sarais Act, 1867 : Under this Act, a “Sarai” has to offer passers-by free drinks of water. A Delhi five-star hotel was harassed under the clause, though not prosecuted, for not doing so. It doesn’t serve meaningful purpose now.
• The Telegraph Wires (Unlawful Possession) Act, 1950 : Acc.
to this Act, the stealing of Copper wires used in Telegraph will give
you 5 years of imprisonment and/or fine as prescribed by rules made
under this Act “telegraph wire” means any copper wire the diameter of
which, in millimetres, is—
(i) not less than 2.43 and not more than 2.53; or
(ii) not less than 2.77 and not more than 2.87; or
(iii) not less than 3.42 and not more than 3.52
The law regulates possession of telegraph wires by Indians. A person who
possesses telegraph wires - with precisely defined diameters - is
expected to inform authorities about the quantity in his possession.
Anybody possessing more than 10lb (4kg) of such wire has to convert the
excess into ingots. Indian Govt. shut down the Telegraph service permanently in 2013, so this law is not of any use.
• The Research and Development Cess Act, 1986 : The Act levies a 5 per cent cess on all technology imported from overseas. This cess hinders the flow of technology into the nation and poses a barrier to trade. It doesn’t serve meaningful purpose now.
• The Foreign Recruiting Act, 1874 : This law was enacted with the interests of the British Raj in mind, to prevent colonial subjects from serving any rival European power. This law is of no use today.
• The Indian Post Office Act, 1898 : The law says only the federal government has the "exclusive privilege of conveying by post, from one place to another", most letters. India post office The law says only the government is responsible for sending most letters
There are a few exceptions, including one particularly bizarre one: "Letters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantages for receiving, carrying or delivering them". India's thriving courier industry circumvents this law by sending "documents" rather than letters.
• Punjab Disturbed Areas Act, 1983 : The Act was brought into force to curb militancy and public unrest in Punjab during the 1980s. It empowers any Magistrate or police officer not below the rank of a Sub-Inspector to fire upon, or prohibit the assembly of five or more persons, where he considers necessary and after giving due warning. The Act is not being implemented in practise. However, it should be repealed now since militancy in the State has been wiped out.
• Salt Cess Act, 1953 : The law levies a cess - a tax imposed for special administrative expenses - on salt manufacturers at the rate of 14 paise (2 cents) per 40kg on all salt made in a private or state-owned salt factory. The law imposes a marginal tax on salt, but the cost of collection is high. This is irrelevant in present perspective.
• The Oudh Sub-Settlement Act, 1867 : The princely state of Oudh does not exist anymore.
• India Treasure Trove Act, 1878 : The law defines treasure specifically as "anything of any value hidden in the soil" and worth as little as 10 rupees (16 cents; 10 pence). The finder of such treasure, according to the law, will need to inform the most senior local official of the "nature and amount or approximate value of such treasure and the place where it was found".
Also, if the finder fails to hand over the booty to the government, the "share of such treasure ... shall vest in Her Majesty". It's worth remembering that the British left India in 1947.
• The Companies (Donation to National Funds) Act, 1951 : The Act’s purpose can be achieved through the Companies Act, 2013. The 1951 Act empowers any company to make donations to the Gandhi National Memorial Fund, the Sardar Vallabhabhai Memorial Fund or any other fund established for a charitable purpose and approved by the central government by reason of its national importance.It has been replaced by new law.
• The Aircraft Act, 1934 : The law defines an aircraft as "any machine which can derive support in the atmosphere from reactions of the air". So it includes "balloons, whether fixed or free, airships, kites, gliders and flying machines". Balloon sellers in India A law regulating airplanes includes balloons and kites.
It also says only the government can make rules regarding "possession, use, operation, sale, import or export of any aircraft or class of aircraft". By this logic, it would be illegal to fly kites and balloons without government clearance in India.
• The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 :
The Act was enacted to provide relief to persons displaced from their
place of residence (in areas now comprising of Pakistan) on account of
the Partition, and subsequently residing in India. No use today.
• The Santhal Parganas Act, 1855 : This Act, introduced to serve the needs of the British colonial administration, exempted districts inhabited by the Santhal tribe from the operation of general laws and regulations. The purpose was to curb tribal uprisings by isolating tribal populations. It is against one particular group.
• Dramatic Performances Act, 1876 : This British era law violates Article 19(1) of the Constitution. grants the State Govt. the power to prohibit scandalous, defamatory performances or performances likely to excite feelings of disaffection against the State Govt. This law was enacted to curb the nationalist movement, and is no longer relevant in light of our constitutional principles of freedom of speech and expression.
• Young Persons (Harmful Publications) Act, 1956 : The law was enforced to "prevent the dissemination of certain publications harmful to young persons". A harmful publication is one that "tends to corrupt a young person" with pictures and stories which depict "violence or cruelty" or "incidents of a repulsive or horrible nature".
Many believe that words such as repulsive and horrible are "vague and subject to arbitrary interpretation, and consequently lead to widespread discretion and serve as an excuse for harassment". For example, earlier this year, police in southern Kerala state raided shops selling Bob Marley T-shirts on the grounds that these encouraged youngsters to consume drugs - and shopkeepers were charged under the law.
• The Bangalore Marriages Validating Act, 1934 : Walter James McDonald Redwood, a priest in the southern city of Bangalore, solemnised many local marriages during his time, mistakenly believing that he was authorised to do so. The law was introduced to validate those marriages. It's less clear what relevance it has these days.
• The Criminal Law Amendment Act, 1938 : A large number of public speeches designed to dissuade persons from
enlisting in the Defence Forces or, in the alternative, to incite would
be recruits to commit acts of mutiny or insubordination after joining
those Forces have come to notice during the past 18 months.
The
object
of the speakers is clearly not the spread of pacifism, but to dissuade
would be recruits from taking part in any war in which the British
Empire may become engaged. The Bill is designed to penalise these
activities.— Gazette of India, 13-8-1938, Part V, p. 276. Even after 67
years of Independence India is following this use-less law.
Some of these laws were crafted by Britishers during World war II
- War Injuries Ordinance, 1941 : The ordinance provided for the grant of relief in respect of injuries sustained during the War.
- Armed Forces (Special Powers) Ordinance, 1942 : This ordinance was promulgated by the Governor General on August 15th, 1942 to suppress the Quit India Movement.
- Collective Fines Ordinance, 1942 : It provided
for imposition of collective fines on the inhabitants of an area if it
appeared that they were concerned in or abetting the commission of
offences prejudicially affecting efficient prosecution of war.
- Secunderabad Marriage Validating Ordinance, 1945 : This ordinance was promulgated to validate a single marriage conducted
by a certain Christian clergy in Secunderabad in 1944. The clergy
mistakenly married a Christian, but not an Indian Christian under the
Indian Christian Marriage Act, 1972.
- War Gratuities (I-T exemption) Ordinance, 1945 : This was to ensure that any war gratuity paid shall not be included in
the total income of a person for the purpose of income tax.
- Termination of War (Definition) Ordinance, 1946 : This ordinance determined the date of termination of the World War II.
The purpose of this ordinance was to determine the exact date on which
temporary war-time measures would end.
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