The document discusses the need to reform outdated and archaic laws in India to build a modern democracy.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 Certain laws still on the books, like the Ganges Toll Act of 1867, impose levies that are no longer applicable. Overall, the document argues that outdated laws hinder good governance, economic growth, and law and order.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.

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repeal, but only 415 have been repealed to date; 17 are in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
person’s 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 don’t 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 don’t 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 country’s 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 India’s 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)

22. THANK YOU

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