Archaic Indian Laws That Do Not Serve Its People

India is a land of customs and home to a rich history. However, certain archaic Indian laws have been carried forward from the olden times that do not prove useful in today's society. 

On the 3rd of December at the 8th LM Singhvi Memorial lecture, Chief Justice of India, DY Chandrachud called India a feminist and an egalitarian, socially transformative document that was way ahead of its time. Emphasising Universal Adult Franchise, he conveyed India's departure from its colonial legacy. 

Let us assess how much of this holds. Here is a list of some outdated laws that are still embodied in the Indian Constitution which impede one's way of living and are often implemented unjustly.

Suggested Reading: Why India Needs To Re-think Its Divorce Laws

Archaic Indian Laws That Do Not Serve Its People

Indian Penal Code Section 294

Section 294 of the Indian Penal Code (IPC) states that any obscene act in a public place is punishable. Singing, reciting, or uttering obscene language or song is punishable. 

What is strange is that the law even though seems practical on paper is implemented unjustly often. There are various instances of this law being misused against couples. However, where the former bit of the law sees ample implementation, the latter bit of the law is yet to see proper implementation. The latter bit of the law where obscene language/songs are punished is not implemented accurately. A case in point would be blasting obscene item songs in local public places. 

Young Persons Harmful Publication Act, 1956 

This act prevents the publication of harmful items that are violent or cruel and that could misguide the youth.

The problem with this law is that it does not accurately describe the purview of 'repulsive/harmful'. As a result, publications often face discrimination under this law and useful publications are censored by this law. 

Section 24A, The Aircraft Rules, 1937 

This act prevents people with mental disorders or epilepsy to travel on flights. It states that such persons may be cleared for travel if they have a verified medical certificate to prove their condition.

But what about the people suffering from mental disorders that haven't received a diagnosis? The rule assumes that such persons may harm other persons on the flight. But that is not always the case. This rule only fuels the existing stigma toward mental health and is discriminatory 

The Registration of Foreigners' Act, 1939

This Act requires foreigners to report their movements if they stay in India for more than 180 days. It also imposes that shelters and transport report the presence of any foreigners.

This was a colonial-era law crafted by the British to keep an eye on Indian revolutionaries from the outside. This dated law has become a means of harassing foreigners in India. 

The Sonthal Parganas Act, 1855 

This colonial law excludes the Sonthal tribal people from general laws as they were considered an 'uncivilised race'. This law goes against the equality enshrined in the constitution and leads to ill-treatment and racial discrimination of the tribal folk in India. 

The Special Marriage Act, 1954 

The Special Marriage Act allows interfaith marriages in India. It sets the minimum age of marriage for girls as 18 years while the age for boys is set at 21 years. But why should interfaith marriages be deemed an anomaly to be a 'special marriage'? And why must the criteria require the girl to be younger? Shouldn't girls be given the same freedom in terms of age as boys? 

Indian Penal Code Section 309

This law punishes those who attempt to commit suicide unsuccessfully. Therefore, if interpreted, the law states that a failure to commit suicide is bound to land one in jail.

People who commit unsuccessful suicide attempts need mental health support and not jail time. 

Factories Act, 1948 

This act prevents women to work in factories at night time. They can only work from 6:00 AM- 7:00 PM. This law has been used to deny employment to women. And why should the centre be allowed the right to impose such restrictions on women? The only persons who can impose any such restrictions should be the women themselves, should they choose to. 

Immoral Traffic Prevention Act, 1956

This Act declares prostitution a legal act in India. However, it declares solicitation, pimping, owning a brothel, and any acts that support prostitution illegal. This law meant to prevent trafficking hampers the business of sex workers and targets them.

Red light areas are illegal and one cannot own a brothel in a public place. On the contrary, prostitutes under the law cannot make public propositions but can do so privately. So where can a prostitute carry their business if a brothel is not allowed to exist in a public space? A more private space will affect the visibility of the business, cost customers, and the sex worker's earnings. 

The views expressed are the author's own.