Taking an important step, Parliament has passed a law which can prove to be a game-changer in eliminating outdated and irrelevant laws and speeding up the justice process. The Public Trust Act, 2026 came into force in April. Through this, such laws were repealed which had disrupted the justice system. Under this, more than one thousand laws have been removed. This will have far reaching implications on the judiciary. Acharaj Kaur Tuteja, Ishaan Bamba and Naved Mahmood Ahmed of the Vidhi Center for Legal Policy were part of the team that helped the Department for Promotion of Industry and Internal Trade (DPIIT) improve the process. He wrote in one of his articles that the main feature of this Act of 2026 is its huge scope. In a single legislative process, Parliament amended 79 central laws covering 23 ministries, reformed 784 provisions and affected 1,018 offences. With these features, it has become the largest de-criminalization exercise in India so far. Many of the laws that were repealed were made after independence. In many of these, even normal activities were considered crimes. The legal team of ‘Vidhi’ gave an example. Imagine a street vendor running a small tea stall outside a railway station. By evening he earns enough to survive. But he risks going to jail for up to a year, as ferrying in railway zones without a license could previously have resulted in a one-year jail term. The threat of being declared a criminal loomed large even in many other everyday activities. For example, refusing to give up a seat allotted to another passenger, begging in cantonment areas or allowing a child of six years of age or above to defecate in a public place. Some offenses were of a technical nature – such as not filing returns, not displaying licenses or advertising without written permission. These actions are neither seriously harmful nor done with criminal intent. Even if they cause any damage, it can be easily rectified. Many laws of the British era have also been removed. These included minor crimes that had been outlawed by the British authorities. For example, before independence, bathing near a well was considered a crime and this law remained in effect until it was repealed in April 2026! For centuries, from the colonial period till independent India, such a legal framework was created in the country, which punished the common man and gave unlimited power to the state power. Even today the common people face the situation of ‘date after date’. But reform initiatives like the Public Trust Act bring positive impacts. Soon after this law was passed in the Lok Sabha, Maharashtra repealed 80 obsolete laws in the state. Some of these were from Baba Adam’s time. For example, the Whipping Acts of 1864 and 1909 provided a maximum punishment of 150 lashes for theft and rape! Although this cleaning of the law books should have been done long ago, many of the basic problems of the law and judicial system still remain the same. There is a need for deep reforms in the judicial system. Apart from removing obsolete laws under the Public Trust Act, 2026, the criminal justice system also needs a new administrative structure. Senior lawyers should be restrained from repeatedly seeking adjournment. It is also necessary to re-implement the National Judicial Appointments Commission (NJAC). Before independence, bathing near a well was considered a crime and this law remained in effect until it was repealed in April 2026! During the colonial period, a legal framework was created which punished the common people. (These are the author’s own views)
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Minhaj Merchant’s column: What is the use of British era laws in today’s times?
