Legistaion Reform


Issues in law effectiveness
  • Design issue
  • Capacity constraints
  • Corruption
  • Near absence of post legislative evaluation
Some step taken
  • Mandatory public consultation before
  • Identifying laws need to be Repealed



Indian penal code
Section 377, 124A, 497(punishes man for adultery and exempts women), 375(places sexual intercourse between husband and wife outside the definition of rape) and many others
Based upon
Victorian morality and imperial logic

SC have been given the task to reconcile this Victorian morality and imperial logic with the progressive constitutional values i.e. reconciling the irreconcilable.
Comprehensive relook is needed
  • Problems with IPC cannot be solved in a piecemal manner by taking isolated section of the code and attempting to modernise them
  • This is not a task that judiciary can accomplish, it is legislature to take comprehensive relook at the IPC in its 156 year histroy anf refom it
  • It must be based on individual autonomy, freedom of speech and conscience and equality
International
In 2003 criminal law of the UK comprehensively reviewed and changed via Criminal Justice Act


Benefits of post legislative evaluation
  • Whether the law have achieved its objectives
  • Reason for its poor performance
  • Objective study will help policy maker to amend the law
  • Judicial burden will be less
  • Will increase the effectiveness of laws
  • From Reactive approach to Proactive Response
Challenges
  • Setting the benchmark of evaluation
  • Procedure of scrutiny
  • Body that should undertake
  • Time period of scrutiny
  • Types of legislation that requires scrutiny
International practices
  • Australia
    • After two year and expires after 10 years
  • Canada most laws reviewed and has sunset clause
  • France, mandatory and enshrined within itself
  • UK required laws to be reviewed within three to five years of enactment. These reviews are conducted by existing Departmental Select Committees on the basis of a memoranda provided by a government department
Present mechanism of amendment
NDPS Narcotics Drug and Psychotropic Substance Act, 1985 amended three times, each time initiative taken be activist and lawyers based on anecdotal evidence and independent research rather than objective studies based on Data.

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