NEW DELHI: Three years after the Lok Sabha passed the Repealing and Amending Bill and the Repealing and Amending (Second) Bill to repeal 245 obsolete and archaic laws, and identified approximately 1,800 more, there are many laws prevalent in India which owe their origin to British.
Pending court cases have continued to rise gradually over the past year, straining the country’s already overburdened judicial system. India now has almost 4 crore pending cases in the Supreme Court, high courts and the numerous subordinate courts.
Though 1,200 archaic laws were scrapped in bulk, India still follows many obsolete laws.
For instance, one of the laws that were struck down was the Dramatic Performance Act, 1876, which curbed theatrical representation in India, and was initially implemented by the Raj to police the theatre that was likely to excite feelings of disaffection to the government.
Likewise, the law of sedition, which often comes under criticism on ground of scuttling freedom of speech and expression, was introduced in India from the UK where it was abolished in 2009.
In India we still practice it and year after year the pendency under the sedition law is increasing.
Similarly, the law of blasphemy ie Section 295A of the IPC has been time and again imposed for banning publication of books and other content.
In 2008, the law was abolished in the UK arguing that little-used laws like blasphemy served no useful purpose and that they instead allowed religious groups to censor artists. But it is still being practiced in India.
In 2016, comedian Kiku Sharda was arrested for allegedly hurting religious sentiments of followers of Dera Sacha Sauda leader Gurmeet Ram Rahim Singh and slapped with section 295A IPC.
The UK has also abolished a law similar to Section 141 of the IPC, according to which an assembly of five or more persons becomes unlawful if the common intent of all members is to show criminal force, or to resist the execution of any law.
This vague provision of the law has led to prohibition of even peaceful gatherings, issued under Section 144 of the Criminal Procedure Code.