The Poor Implementation of Laws in India – By Yash Dahiya

By | November 22, 2018
The Poor Implementation of Laws in India

Introduction

India has a robust judiciary which is improving and breaking barriers each day. This can be witnessed by the recent judgments passed in the last few months. One can surely say that the judiciary is certainly playing its part well. But then despite having so many good laws there are still so many crimes happening in our country. Justice Gopal Krishn Vyas of the Rajasthan High Court stated that “The country has adequate laws but the main issue arises in its implementation. It is not implemented in letter and spirit and many people seek legal recourse[1].

Few laws which are not implemented properly in India

  1. Environmental Laws: The laws related to the Environment in India are strong but the people do not obey them properly and there is a lack of obedience. The Government has passed various laws to reduce the damage being caused to the environment such as the Forest Conservation Act, 1980, Environmental Protection Act, 1986, National Green Tribunal Act, 2010 etc. They are not implemented properly and despite having a specialised court to deal with environmental damage still persists.[2]
  2. Gender Laws: Women in India though are progressing and breaking barriers in the form of pro-gender laws. They still lack an effective implementation. According to the United Nations report on gender equality India is still behind the rest of the world significantly. Only 3 per cent of the women in India are judges.[3]
  3. Labour Laws: Child labour still persists despite having strict labour laws like the Payment of Wages Act 1936, The Minimum Wages Act, 1948 etc. 93% of the total workforce in the unorganised sector remain vulnerable and are deprived of their rights.[4]
  4. Motor Vehicle laws: These are the most common laws which are broken in India. Millions of Indians on a daily basis break traffic rules thereby jeopardising their lives as well as of others. According to the National Survey on Drug Use and Health in 2012 12.9% of young people between 12 and 17 were reported to be under the influence of alcohol and 7.2 % were reported to be binge drinking. The Supreme Court called India’s road as “giant killers” having more than 2, 00,000 fatalities every year.[5]
  5. Right to information laws: According to studies conducted by the Research Assessment and Analysis Group and Satark Nagrick Sangathan on the implementation of the Right To Information Act have revealed that the right to information laws in our country are in a major bottleneck. It has also been reported that a huge backlog of cases have been created and the petitioners are often left with poor quality orders.[6]

Reasons for the poor implementation of laws in India

  1. Poor conviction rates: The cases under the Protection of Children from Sexual Offences Act (POCSO) are increasing but the conviction rate is still very low. In Gujarat, 2.61 % of the cases the accused were convicted. 15. 2% saw acquittals and 82.19% cases are pending presently. [7]Similarly the conviction rate under the Wildlife Protection Law in India is very few despite the Wildlife Protection Law being called a very progressive law. [8]
  2. Lack of political will and public awareness: Every few years before the elections Politicians make promises to bring out laws but after the elections, they are least interested in its implementation. The key reason for the failure of the Right to Education Act 2009 is the lack of political will and public awareness. It is essential that people start from their villages by sensitizing and educating the villagers of their issues and making an effort to associate themselves for their own benefit. There is a need to be educated about the legal provisions.[9]
  3. Lack of review of laws or post-legislative scrutiny of laws.[10]
  4. High Population: India has a population of 1.33 billion people which is the most major problem our country is facing. Due to such high population laws even though enacted are difficult to implement. This is keeping in mind India has vast diversity.
  5. Corruption: Corruption is truly the biggest problem India has multiple agencies at central as well as state levels to stop corruption. But unfortunately, this will never happen. People who are caught get their way out by bribing money. It seems like that bribe may be claimed by a person as a right even though the law prohibits it.
  6. People have developed a tendency to break laws. Where the law loses respect it is impossible to ensure the protection of rights and maintenance of peace. Despite being educated in laws they are still broken.

Solution

  1. Adequate resources must be allocated by the Government for the effective implementation of existing laws, improve conviction rates and ensure that justice is done.[11]
  2. A law made by the Parliament can only be applied if the government makes rules along with it as well. The Benami Transactions Act which was enacted in 1988 gave the government the power to confiscate the Benami properties. But due to the lack of rules framed these properties have not been seized for the last 26 years.[12]
  3. A post review of the laws will help the Government in understanding why these laws are not getting followed properly by the citizens and can help in removing all the flaws in the laws for its better implementation. Public Consultation and feedback can help to identify the flaws in the law. Only a few laws in India have been invited for feedback. There is also a lack of a mechanism to get these feedbacks while making rules.[13]
  4. Around 2500 Acts are operational in our country at the central level.[14] There should be consistency between the implementation of laws through rules by the government and the intent of the Parliament. [15]
  5. People need to be made aware of laws and the people’s tendency to break laws need to be broken down. The population also has to be controlled.
  6. A provision for publishing draft rules should be there in all new principal laws. This will increase public participation and highlight issues.[16]

Conclusion

It is absolutely useless having a variety of legislation on the statute books when they are not even implemented properly or incapable of implementation. It challenges that law should guide behaviour and punish those who break them. The government must realise that making laws is not job done. It is half job done and should develop a mechanism for its proper implementation.[17] The law of India is beautiful but the problem arises when they are not implemented properly. [18]

By – Yash Dahiya

References 

[1] Non Implementation of laws properly leads to problems, The Times of India (2012), https://timesofindia.indiatimes.com/city/jaipur/Non-implementation-of-laws-properly-leads-to-problems/articleshow/12488053.cms (last visited on Oct 25, 2018).

[2]Yash Dahiya, Poor Implementation of Environmental Laws in India, Ipleaders (2018), https://blog.ipleaders.in/poor-implementation-environmental-laws/ (last visited on Oct 25, 2018).

[3] India suffers poor implementation of gender laws: U.N. report,  The Hindu (2018), https://www.thehindu.com/news/national/india-suffers-poor-implementation-of-gender-laws-un-report/article2208160.ece (last visited on Oct 25, 2018).

[4] Labour Day: Workers in the unorganised sector remain vulnerable, Zee Business (2018), https://www.zeebiz.com/india/news-labour-day-workers-in-unorganised-sector-remain-vulnerable-44958 (last visited on Oct 25, 2018)

[5] Revathi Siva Kumar, Three ways in which the new Motor Vehicles law could make our roads safer, Citizen Matters (2018), http://citizenmatters.in/motor-vehicles-amendment-bill-accidents-road-safety-6336 (last visited on Oct 25, 2018).

[6] Gaurav Vivek Bhatnagar,  Poor  Implementation and Delays Are Making the RTI Act Redundant, Says Study, The Wire(2016),  https://thewire.in/rights/rti-study-poor-implementation (last visited on Oct 25, 2018).

[7] Sonal Kellogg, Justice in POCSO cases a long way off in Gujarat:  Lack of implementation of Act makes it an ineffective deterrent, Firstpost (2018),  https://www.firstpost.com/india/justice-in-pocso-cases-a-long-way-off-in-gujarat-lack-of-implementation-of-act-makes-it-ineffective-deterrent-5272181.html (last visited on Oct 25, 2018).

[8] Varda Mehrotra, Animal People (2018), https://animalpeopleforum.org/2018/06/18/good-laws-bad-implementation-state-animal-protection-india/ (last visited on Oct 25, 2018).

[9] Anurag Bhaskar, Status of Implementation of Right to Education Act, 2009: Reflections & Inferences From Uttar Pradesh, Live Law (2017), https://www.livelaw.in/status-implementation-right-to-education-act-2009-reflections-inferences-uttar-pradesh/ (last visited on Oct 25, 2018).

[10] Kaushik Sanyal, Post-legislative scrutiny to improve the quality of laws, Livemint (2016), https://www.livemint.com/Opinion/odwaOwPmUBhuRY86rtFXqI/Postlegislative-scrutiny-to-improve-quality-of-laws.html (last visited on Oct 25, 2018).

[11] Chakshu Roy Lost in implementation, The Indian Express (2017), https://indianexpress.com/article/opinion/columns/lost-in-implementation-budget-session-4615819/ (last visited on Oct 25, 2018).

[12] Ibid.

[13] Ibid.

[14] Kaushik Sanyal, Post-legislative scrutiny to improve the quality of laws, Livemint (2016), https://www.livemint.com/Opinion/odwaOwPmUBhuRY86rtFXqI/Postlegislative-scrutiny-to-improve-quality-of-laws.html (last visited on Oct 25, 2018).

[15] Chakshu Roy Lost in implementation, The Indian Express (2017), https://indianexpress.com/article/opinion/columns/lost-in-implementation-budget-session-4615819/ (last visited on Oct 25, 2018).

[16]Ibid

[17] Chakshu Roy Lost in implementation, The Indian Express (2017), https://indianexpress.com/article/opinion/columns/lost-in-implementation-budget-session-4615819/ (last visited on Oct 25, 2018).

[18] Non Implementation of laws properly leads to problems, The Times of India (2012), https://timesofindia.indiatimes.com/city/jaipur/Non-implementation-of-laws-properly-leads-to-problems/articleshow/12488053.cms (last visited on Oct 25, 2018).


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