LAW REFORMS IN INDIA

-PRATIK TAYAL

INTRODUCTION

Law Reform is the process of: Modernizing Streamlining and Improving a law.
Carried out by: Enactment of new laws Amendment in existing laws Repealing the laws

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NEED FOR LAW REFORMS

The following conditions give rise for the need of law reforms:
Changing social values Changing composition of the society New concepts of justice Inherited British laws International law New technology

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CHANGING SOCIAL VALUES

Law reforms are essential if laws are to remain relevant to a changing society.
2 schools of thought: Law as an

AGENT OF SOCIAL CHANGE

The social values prevailing in the society undergo changes due to a number of factors like westernization and globalization.
Law has to change and adopt itself accordingly. Live-in relationships have been accorded legal status and alimony is possible out of this relationship. This was held in the case of D Velusamy v. D Patchaiama.

INSTRUMENT OF SOCIAL ENGINEERING

They aim at modifying and changing the society in order to bring about justice, fairness and equality.
According to Sec.5 (iii) of the Hindu Marriages Act, 1955, the age of eligibility is fixed at 21 years of age for bridegrooms and 18 years of age for brides. Thus, the practice of child marriage has been reduced through this Act and especially in the urban areas marriageable age of girls has substantially increased.

CHANGING COMPOSITION OF SOCIETY

To

accommodate cultural, religious, linguistic and ethnic diversities. Different groups have different needs, interest, opinions and wants that have to be taken care of in order to make possible a society. Thus, reforms have to be carried out. Example: In the policy objectives of the National Policy on Senior Citizens 2011, it has been stated that due to the demographic explosion among the elderly, the senior citizens would be provided with a variety of benefits and schemes such as PDS, income, etc.

NEW CONCEPTS OF JUSTICE

With the change in the notions and concepts of justice, the laws governing the society are changed thereof.
Example: Hammurabis code- an eye for an eye ,a tooth for a tooth was a system of justice in old times. But now the reformative concept is evolving. Evident from the example of open prisons.

INHERITED BRITISH LAWS

These laws have become obsolete and redundant

There arises a need for their change. For example, Trade Marks Act, 1938 was repealed in the year of 1994.

INTERNATIONAL LAW

International laws and conventions contribute in the need for reform in the legal system. When international law is reformed, it leads to changes in the domestic regime.
In Vishaka v. State of Rajasthan, it was held that if the Indian government makes such commitments in international forum it shall be binding on the government even within the nation and it will be treated as part of the national law unless there is a law within the country which is in direct conflict with such a law.

NEW TECHNOLOGY

New technologies create the need for law reform. The existence of new and modern technology creates vacuum of law dealing with them.

Information Technology Act, 2000 deals with a gamut of crimes that have not been already legislated upon.

AGENCIES OF LAW REFORMS

LAW COMMISSIONS

When conducting an inquiry, the law commission aims to:

Simplify and modernize the law Improve access to justice Remove obsolete or unnecessary laws Eliminate defects in the law Suggest new or more effective methods for administering the law and dispensing justice.

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PARLIAMENT
Supreme legislative body Influenced by the following bodies in its task of law reforms 1. Government in power 44th amendment v. 42nd amendment 2. Pressure groups Anna Hazare on lokpal bill 3. Statutory bodies - CVC has proposed several amendments in the Lokpal Bill. 4. Parliamentary committees- committee headed by Abhishek Manu Singhvi on lokpal 5. Professional associations ICAI proposed amendments in companies act, 2000

COURTS

Through judicial decisions, the courts can shape the law and reform it.
But these judgments are subject to change in case, a legislation is passed by the legislature. Example: Shah Bano Case which laid down a law which was then changed by the Muslim Women (Protection of Rights on Divorce) Act, 1986.

CONCLUSION
Why is there a need for law reforms ? Changing social vales Changig composition of society Inherited british laws New technology International law New concepts of justice

What are the agencies of law reforms? Parliament Courts