It's time to change archaic laws, says Justice Raveendran

Revision of statutes in accordance with change of time is needed

Former judge of Supreme Court R V Raveendran on Sunday stressed the need for removing anomalies in law which had crept in due to defective drafting of legislations, oversight and due to failure on the part of the government to update laws among other reasons.

Delivering a memorial lecture on anomalies in law, organised by the Justice G N Sabhahit Memorial Lecture Trust in Bangalore, Justice Raveendran said the lack of foresight and legal acumen while drafting enactments had often led to glaring anomalies resulting in laws remaining unimplementable.

He also stressed the need for revision and review of  statutes in accordance with the changing needs of society and time.

As a case in point, he said, a penalty of Rs 1,000 and an imprisonment of six months is imposed on offenders charged with food adulteration. The amount of fine was determined in 1860 when Indian Penal Code (IPC) was enacted.

The same amount of fine remains in force even to this day. The amount was grossly disproportionate to the seriousness of the crime and that Rs-1000 fine fixed 150 years ago was equivalent to Rs 15.5 lakh today, he said. Similarly, the penalty for causing grievous injury due to negligence was Rs 2,000 and an imprisonment of two years again determined in 1860.

Interchange of definition
Citing another instance, Justice Raveendran said interchange of definitions of ‘judicial mediation’ and ‘judicial settlement’ due to the oversight in Alternative Dispute Resolution process had resulted in the law remaining unimplemented for more than a decade. “The courts cannot go into the wisdom of the law but can only go into the legalities,” he said.

Justice Raveendran called upon citizens in general, and lawyers and legal experts in particular, to debate  absurdities in law and bring them to the notice of the government.