Law Reforms Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

What are Law Reforms?

Law reforms are systematic changes or updates to the law aimed at improving justice, efficiency, and relevance in legal systems. 

These reforms can involve creating new laws, amending existing laws, or repealing outdated or unjust laws.
Law reforms are typically driven by the need to:

1. Address Social Changes: As society evolves, laws may need to be updated to reflect new social norms, values, and technological advancements.

2. Correct Inefficiencies: Legal systems may become bogged down with inefficiencies that slow down the administration of justice. Reforms can streamline processes and make the legal system more effective.

3. Promote Fairness and Justice: Reforms can address injustices or inequalities in the legal system, ensuring that laws are fair and applied equitably.

4. Enhance Clarity and Accessibility: Laws that are outdated, unclear, or overly complex can be difficult for people to understand and follow. Reforms can simplify and clarify legal language and procedures.

5. Align with International Standards: In an increasingly globalized world, aligning national laws with international standards and treaties can be important for cooperation and compliance.

Need for Law Reform

• There exists a strong interconnection between the law and society, necessitating the law to be flexible and adaptable.
• Law reform denotes the ongoing process of modifying and enhancing legal systems in response to evolving social values and priorities.
• Legal frameworks must not remain static but instead address societal concerns and offer viable solutions to emerging issues.
• The evolution of law should align with social, economic, and technological progressions, ensuring relevance and effectiveness.
• Law reforms play a crucial role in molding democracies to effectively function within changing political and legal landscapes.
• It is important to recognize that law reform is not a one-off event but a continuous and arduous progression.

Law Reforms in India

Law reforms in India can be categorized into two main periods:

• Pre-independent India law reforms
• Post-independent India law reforms

1. Pre-independent India Law Reforms

• Before British rule, Indian society followed customary laws based on Hindu Dharmashastra or Islamic religious scripts.
• These customary laws were rigid and resistant to change.

British Rule and Legal Reforms

• The East India Company introduced Western legal systems and reforms in India.
• From 1600 A.D to 1947, under British rule, significant changes occurred in political, economic, administrative, and legal domains.
• New courts were established through Acts like the Regulating Acts, 1773, and the Government of India Act 1935.
• British administrators like Warren Hastings, Cornwallis, and William Bentinck played vital roles in judicial reforms.

Establishment of Law Commission

• The first Law Commission was set up in 1834 under the chairmanship of Thomas Babington Macaulay.
• The Law Commission recommended codifying the penal code and criminal procedure code.
• Successive Law Commissions made major contributions like the Indian Code of Civil Procedure, Indian Contract Act, Indian Evidence Act, and Transfer of Property Act.

2. Post-independent India law reforms

• Post-Independent India witnessed significant changes, especially in the realm of law reform.
• The newly enacted Constitution and its embedded principles served as the primary legal compass for Independent India.
• Key pillars like Fundamental Rights and Directive Principles of State Policies became fundamental for driving societal transformations.
• Article 372 of the Constitution acknowledged pre-constitutional laws, although there were calls to review colonial legislation.
• In response to public sentiment, the First Law Commission of India was established with Mr. M.C Setalvad as its chairperson, paving the way for subsequent commissions.
• Over the years, the Law Commission of India has addressed a wide array of legal issues, reflecting the government's commitment to timely legal reforms.
• Recent economic changes in India have necessitated a focus on new types of crimes such as white-collar crimes, crimes against women, and economic disparities.
• Given these developments, the Law Commission plays a pivotal role in driving legal reforms to address contemporary societal needs.

Recent Law Reforms in Independent India

The Right to Information Act, 2005

- Also known as RTI Act.
- Aims to enhance transparency in Indian government institutions.- Enacted in 2005 after persistent efforts by anti-corruption activists.- Allows any Indian citizen to request information from a government agency.
- Government agencies are obligated to provide the requested information within 30 days.
- Failure to comply results in a fine for the responsible officer.
- Essential for citizens to understand and utilize the provisions of the RTI Act.

Information Technology Act, 2000

- Based on the United Nations UNCITRAL Model Law on Electronic Commerce, 1996.
- Key legislation in India addressing Cybercrime and E-Commerce.
- Provides legal validity to transactions conducted through electronic means.
- Covers electronic data interchange and other forms of electronic communication, including e-commerce.

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

- Passed by the Indian Parliament to outlaw triple talaq.- Aims to safeguard the rights of married Muslim women and prevent unilateral divorce.- Triple talaq, allowing Muslim men to instantly divorce their wives, was deemed unconstitutional by the Supreme Court of India in 2017.

The Consumer Protection (Amendment) Act, 2019 

The Consumer Protection (Amendment) Act, 2019 replaced the Consumer Protection Act, 1986 in July 2020 to safeguard consumers against unfair trade practices, especially in e-commerce.

• It aims to shield consumers from deceptive advertisements, including those endorsed by celebrities, by implementing an advertising code applicable across various communication platforms like social media and print media.
• The amendment act introduces provisions for resolving consumer disputes in India, imposing strict penalties like imprisonment for adulteration and misleading advertisements, and setting guidelines for e-commerce sales.
• Consumers can lodge complaints about product defects or service deficiencies from their place of residence, eliminating the need to approach the seller's location.

• E-filing of consumer complaints is now permissible.
• No fees are required for claims under Rupees 5 lakhs.
• Consumers can represent themselves in their cases via video conferencing without engaging a lawyer.
• Product liability allows consumers to seek compensation for manufacturer or service provider negligence.
• A group of consumers can file a class action suit to collectively address grievances and enhance the likelihood of resolution.
• Manufacturers of counterfeit goods may face imprisonment.
• Celebrities endorsing products can be prohibited from endorsements if their advertisements are misleading.
• E-commerce operations are closely monitored, requiring companies to disclose comprehensive product information, address consumer grievances promptly, and adhere to specified timelines.
• Encouragement of consumer dispute resolution through mediation to streamline the process and save time and resources for all involved parties.