From tradition to innovation: Rethinking Indian laws for a changing society

The Indian Legal System is one of those, which has highest number of laws, which reflect the social, economic, and cultural components of society. India is known to have one of the oldest legal backgrounds in the world with its laws and jurisprudence dating back to centuries.

Time and again it has been seen that laws have been modified, altered or removed according to the changing society. It is said one should change according to the time. Where we as society are progressing in 21st century, few early laws still remain unchanged.  

Indian Laws that need tweaking

The controversy around age of consent is not fresh. Recently, the Bombay High Court said that “It is high time India considers reducing the age of consent for sex”. The Court has previously stated that the age of consent in several countries have reduced to enter into consensual sexual relationship. It can be visibly seen that courts are flooded with cases which rampantly misuse the POCSO.

The rise of concern over increasing number of criminal cases under provisions of POCSO, compels to rethink of age of consent, as many adolescents are to be seen reprimanded, even while being in a consensual relationship. These cases are mainly those in which parents filed cases of rape against the boys with whom their teenage daughters were involved or eloped. While there have been discussions about having a uniform legal age of marriage at 21 for both boys and girls, the government has been silent about reducing the age of consent to 16 years.

Raising the age of consent to 18 years, doesn’t change the ground reality of adolescents below 18 indulging into sexual activities, which are deemed illegal by law. It is to be noted that ’18 years’ is probably one of the highest ages globally, as majority of countries have set their age of consent in the range of 14 to 16. Reducing the age of consent should not be viewed upon as a pessimistic step but, rather a progressive one.

Environment

Environment is another crucial part of a human’s life. The government has notably passed various legislations to curb the damage caused to environment such as, the Environmental Protection Act, 1986, Forest Conservation Act, 1980, Water Prevention and Control of Pollution Act, 1974, Biological Diversity Act, 2002, Public Liability Insurance Act 1889 and National Green Tribunal Act, 2010.

It can be said that the environmental laws in India are strong but they lack obedience from people. Implementation of these laws should be done in an efficient manner. The Forest Conservation Amendment 2023, recently got a green flag in the Lok Sabha, even with various concerns raised. The bill definitely aims to protect and conserve the environment, but certain laws need to be reconsidered as most of them are prioritizing of human wants and need over ecosystem and nature.

There is an ineffective pollution control mechanism. The present framework under the Water Prevention and Control of Pollution Act, 1974 and Air Prevention and Control of Pollution Act, which follows the command-and-control structure.

Rape Laws

Rape laws in India have been shaped and reshaped from time to time as and when the need had occurred. Over the ages, rape has been stereotyped as a crime against women, this stereotype completely dismisses the fact that men and transgender people may also be the victims.

In 21st century where we talk about equality and equal rights of women, other genders should not be left behind. Currently where the rape laws in India are women centric, an effort should be made to make such laws ‘Gender Neutral’. The term Gender Neutral means a view which avoids discrimination based on a person’s sex or gender. A bill introduced in 2019, intends to replace pronouns referring to “Men” and “Women” with phrases like “any person” or “other person”, thereby making rape a gender-neutral crime.

IP Laws 

In India, where there can be seen majority of innovation and promotion of arts and culture, protection of these inventions, is still a weaker point. As per the International IP Index, India in 2022, has improved its IP score by 13%, but still ranks 43 out of 55 countries.

The lack of effective IP laws leads to instances of content theft and copyright infringements, a problem which has become exaggerated with increasing internet and smartphone use. Plagiarism is a known and common problem these days where there is not much light focused on as well. The current copyright acts do not serve the current technological protection measures neither the protection of electronic rights management information. Solid implementation of IP laws needs specialised courts, including tariff courts, and members.

Over the years technology has become an indispensable part of our lives, affecting almost every aspect of our daily lives. Right from our means of communication to kitchen appliances and transport systems, technology has witnessed a major evolution. In a developing country like ours where technology plays a crucial role in its advancement, it can also be seen as a threat. Offences related to breach of data, online thefts etc, become inevitable.

Information Technology laws

The Information Technology Act, 2000 was passed in order to protect the data of the citizens as well as the government. The act provides legal frame work to protect data related to e-commerce, digital signatures etc. It also regulates and protects the sensitive data stored by social media platforms.

With advancement of technology, it is necessary to bring changes in order to meet needs of the society. The Act, even after providing various provisions related to digital signatures and electronic records, etc, lacks in other aspects such as, regulation of cyber-crimes. There can be seen a significant rise in cyber-crimes, as technology advances. The offences described in act are limited while cyber-crimes are prevailing. At present, the Act does not define the term “cyber-crime” also does not contain any provisions related to cyber wars, which should be made a punishable offence under the act.

Data Protection Laws

A comprehensive data protection regime needs to be incorporated in the law to make it more effective. One such step is Digital Data Protection Bill, 2023 which was passed on 07 August, 2023. The legislation will establish a comprehensive framework for the protection of personal data. One of the key aspects of this amendment is that it defines terms such as ‘personal data’ and ‘processing’. The Amendment defines personal data as any data that can help identify an individual ‘by or in relation’ to such data.

Conclusion 

The Indian legal system can be seen making an effort to be used in a more efficient and systematic manner. Change being inevitable and only constant, the legal system should acknowledge these changes. Laws are made for the betterment of the society and as the society progresses and moves towards advancement, so should the laws made for it.    

The author, Satya Muley, is a practising lawyer in Bombay High Court and the Supreme Court based out of Pune.

(Disclaimer: The views expressed above are the author's own and do not reflect those of DNA.)