There is a strong relationship between the law and the society. Law has to be dynamic. It cannot afford to be static. Law and society act and react to each other. Law reform is the process by which the law is adapted and advanced over some time in response to changing social values and priorities. The law cannot remain stagnant. Law has to respond to the social concerns and has to provide amicable solutions to the problems that keep coming up before the society. It has to respond to social, economic or technological developments. Law reforms also help to shape democracies to suit changing political and legal environments. Law reform is not a one-time process but a tedious and gradual process.

Recent Law Reforms:

The Right to Information Act, 2005:

• The Right to Information Act, 2005 also known as RTI Act, aims to promote transparency in government institutions in India.
• The Act began in 2005 after a continuous struggle by anti-corruption activists.
• It is a revolutionary Act as it opens public authority for scrutiny by an ordinary citizen.
• An Indian citizen can demand information from any government agency, which is bound to furnish the information within 30 days, failing which the officer concerned is fined.
• As a common person, it is important to be equipped with the knowledge of RTI.

Information Technology Act, 2000

• This Information Technology Act, 2000 is based on the United Nations UNCITRAL Model Law on Electronic Commerce, 1996.
• Information Technology Act is most important law in India dealing with Cybercrime and E-Commerce.
• It provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce.

Muslim Women (Protection of Rights on Marriage) Act, 2019

• Muslim Women (Protection of Rights on Marriage) Act, 2019 was passed by the Parliament of India criminalizing triple talaq to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands.
• In 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional.

The Consumer Protection (Amendment) Act, 2019

• The Consumer Protection (Amendment) Act, 2019 came into effect in July 2020. It repeals and replaces the Consumer Protection Act, 1986. The purpose of the amendment act is to prevent unfair trade practices in e-commerce to protect consumers.
• The Act also protects the consumers from misleading and deceptive advertisements.
• Now, an advertising code gives customer protection against false advertisements, especially protecting them from celebrities, who do paid reviews of the products and services.
• The advertising code is applicable throughout all mediums of communication like social media, print media etc.
• The Act also provides for settlement of consumer disputes in India and strict penalties, including jail terms for adulteration and for misleading advertisements.
• It now prescribes rules for the sale of goods through e-commerce.
• The Consumer Protection (Amendment) Act, 2019 provides greater transparency and gives more power to the customer for redressal of disputes.

Recent Law Reforms in Independent India – FAQs

What are land reforms in India?

Land Reforms: While land reforms have been ongoing since independence, recent efforts have aimed to improve land record management, address issues of land acquisition for development projects, and protect the rights of farmers and indigenous communities.

What are criminal justice system reforms?

Criminal Justice System Reforms: Reforms are underway to expedite trials, reduce pendency in courts, and improve access to legal aid. Additionally, laws related to criminal offenses like rape and sexual assault have been strengthened.

How are these reforms being implemented?

• Legislative Changes: Parliament and state legislatures enact new laws or amend existing ones to reflect the desired reforms.
• Judicial Pronouncements: Landmark judgments by the Supreme Court and High Courts can pave the way for legal reforms by interpreting existing laws or setting new precedents.
• Government Initiatives: The central and state governments launch various schemes and programs to support the implementation of legal reforms.
• Public Awareness Campaigns: Educating the public about their rights and the changes brought about by legal reforms is crucial for their success.

What are some of the challenges in implementing legal reforms?

Implementing legal reforms can be challenging due to factors like:

• Bureaucratic Hurdles: Navigating complex administrative procedures can slow down the reform process.
• Lack of Political Will: Sometimes, political interests can impede the implementation of reforms.
• Social Resistance: Deep-rooted social norms and traditions may create resistance to certain legal changes.
• Inadequate Infrastructure: A lack of resources and infrastructure, especially in rural areas, can hinder effective implementation.

How can we ensure effective legal reforms in India?

• Public Participation: Encouraging public discourse and seeking citizen feedback on proposed reforms is crucial.
• Transparency and Accountability: Transparency in the implementation process and holding authorities accountable is essential.
• Capacity Building: Strengthening judicial and administrative institutions to handle reformed laws effectively is necessary.
• Continuous Monitoring and Evaluation: Regularly monitoring the impact of reforms and making adjustments as needed ensures their continued effectiveness.