The vision of a Viksit Bharat hinges on India breaking from the shackles of a colonial mindset and embodying the freedom of being unapologetically Indian. The laws of any nation are the cornerstone of its growth. The legal system offers the stability and adaptability essential for a country to thrive. The laws must be simple to understand and specific in their consequence.
For decades, even after attaining independence, our country was burdened by outdated British-era laws that did not serve a progressive India. Under the decisive leadership of Prime Minister Narendra Modi, these relics of slavery and our colonial past have been repealed at a historic pace. Over 2,000 obsolete laws have been removed form the statute books. This represents a profound shift in the psychology of our legal system. It is no longer about subjugation by colonial masters but about reformation and development of our citizens.
Some of the laws that have been repealed were not just outdated and redundant but downright bizarre! One such gem was the Indian Motor Vehicles Act, 1914, which mandated car inspectors to have “well-brushed teeth”. A bad dental day could lead to disqualification from the civil service. The absurdity continued as this law disqualified individuals with certain physical traits like pigeon chest, hammered toes, knocked knees or flat feet.
Illustration: Deni Lal
Another farcical relic was the Indian Aircraft Act, 1934, under which kites would also classify as aircraft requiring a flying permit. This meant that every child flying a paper kite was flouting aviation regulations. The Treasure Trove Act of 1878 required anyone finding treasure worth more than Rs10 to report to the revenue officer or face jail. The Indian Post Office Act of 1898 relegated the entire courier industry as illegal as it granted exclusive rights over mail delivery only to the government.
Although humorous, in hindsight, these absurdities were designed to subjugate rather than empower. Some were discriminatory, such as the Lepers Act of 1898, which criminalised leprosy patients and banished them outside city limits. Others, such as the British sedition law, were misused to supress the freedom movement. The Modi government abolished sedition as it existed in colonial laws and allowed criticism of the government in consonance with our nation’s democratic values. The government’s legal reforms are about removing absurd laws and reshaping India’s legal system to reflect the ethos of a modern, democratic and progressive society.
The Bharatiya Nyaya Sanhita (BNS), 2023, introduced a humane and reformative approach to the criminal legal system. For the first time, the concept of community service for minor offences has been introduced in the criminal jurisprudence. It fosters civic responsibility rather than punitive consequences. Further, the BNS introduces gender-neutral provisions to counter offences against minors and voyeurism, thereby reflecting the evolving understanding of crimes in society.
Where the old Indian Penal Code was steeped in gender prejudices, the BNS made justice inclusive. The introduction of zero FIRs, irrespective of jurisdiction, makes justice more accessible. Mandatory videography of crime scenes and witness statements makes the investigation transparent.
Decluttering the legal system also has a direct impact on the economy of the country. With over 39,000 unnecessary compliances and archaic laws being scrapped, the Modi government has ensured a friendlier atmosphere for companies to operate, thereby encouraging ease of doing business. The move will also attract foreign direct investments in the country.
This mission of legal reform is about decolonising the Indian mindset. This new legal system embodies rehabilitation, reformation, justice, gender equality and accessibility, where law is a tool of justice and not oppression. It is a conscientious move to break away from the chains of the colonial past and move towards a future of inclusivity—Sabka Saath, Sabka Vikas!
Bansuri Swaraj is a Lok Sabha MP from New Delhi.