SPECIAL AND LOCAL LAWS (SLLs)
1. Context
2. Special and Local Laws (SLLs)
Special and local laws are a category of laws that are distinct from general laws. General laws apply to everyone and everything within a jurisdiction, while special and local laws apply to specific subjects or geographic areas.
Special laws are laws that apply to a particular subject matter. They are often enacted to address specific issues or problems that are not adequately covered by general laws. For example, the Narcotic Drugs and Psychotropic Substances Act, 1985 is a special law that regulates the possession, use, and trafficking of drugs in India.
Local laws are laws that apply to a particular geographic area. They are often enacted by municipalities or other local governments to address issues that are specific to their communities. For example, a city might have a local law that prohibits noise pollution after a certain hour of the night.
3. The Significance of Special and Local Laws (SLLs)
- SLLs encompass a substantial portion of criminal offences and legal procedures in India.
- In 2021, nearly 39.9% of all cognizable offences were registered under SLLs.
- This demonstrates their quantitative relevance in the criminal justice system.
- Moreover, SLLs have led to significant debates on the limits of the state's power to criminalize, especially concerning individual rights and liberties.
4. Need for Reforms in SLLs
- SLLs present a wide array of substantive and procedural issues that require attention.
- For instance, laws such as the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) suffer from vague definitions of offences such as 'terrorist act' and 'organized crime.'
- There are also concerns regarding the criminalization of consensual sexual activities between minors under the Protection of Children from Sexual Offenses Act, 2012.
- Procedurally, SLLs have diluted universally accepted due process values.
- Examples include expanded powers of search and seizure under the UAPA and the admissibility of police-recorded confessions under the MCOCA.
- Stringent provisions under various SLLs make obtaining bail nearly impossible in some cases.
5. The Evolution of Criminal Laws
- Over time, there has been a significant shift in the landscape of criminal laws in India.
- The increasing use of SLLs is at odds with the original goal of comprehensive codification.
- The Indian Penal Code was meant to be an all-encompassing legal code, inspired by Jeremy Bentham's idea of a "Pannomion."
- However, the IPC has faced criticism for its retention of archaic morality and colonial-era provisions.
6. The Future of Criminal Law
- It's essential to strike a balance between SLLs and the foundational codification represented by the IPC and CrPC.
- All SLLs that criminalize certain conduct should be incorporated as separate chapters within the broader penal code.
- Additionally, SLLs that create distinct procedures for reporting, arrest, investigation, prosecution, trial, evidence, and bail should be included within the CrPC or as exceptions to its general provisions.
7. The Way Forward
The exclusion of SLLs from ongoing criminal law reform is a significant limitation. To address this gap, a second generation of reforms is imperative. By integrating SLLs within the existing legal framework and refining their substantive and procedural aspects, India can ensure a more coherent and just criminal justice system.
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For Prelims: Special and Local Laws, Unlawful Activities (Prevention) Act, IPC, CrPC, Maharashtra Control of Organized Crime Act, POSCO Act, Narcotic Drugs and Psychotropic Substances Act,
For Mains:
1. What are Special and Local Laws (SLLs), and how do they differ from general laws in India's legal framework? (250 Words)
2. Explore the concept of "Pannomion" and discuss its relevance to the Indian legal system, with a focus on the IPC's original purpose and its current challenges. (250 Words)
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Previous Year Questions
Prelims
1. According to the definition of the POSCO Act, children under what age or less than what age is considered to be a minor? (Rajasthan Police Constable 2020)
A. Less than 16 B. Less than C. 17 Less than D. 18 Less than 14
Answer: C
2. Read the following Child Rights as mentioned in the Children's Bill of Rights - (CTET 2021)
A) I have the right to a good education, and everyone has the Responsibility to encourage all children to go to school. (Article 28, 19, 23)
B) I have the right to express my views freely which should be taken seriously, and everyone has the responsibility to listen to others. (Article 12, 13)
Which of the following Articles of the Indian Constitution are complementary to the above Child Rights?
A. Article 28 and 12 B. Article 14 and 16 C. Article 51 and 78 D. Article 32 and 44
Answer: A
3. With reference to India, consider the following statements: (UPSC 2021)
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: B
Mains 1. India’s proximity to the two of the world’s biggest illicit opium-growing states has enhanced her internal security concerns. Explain the linkages between drug trafficking and other illicit activities such as gunrunning, money laundering and human trafficking. What counter-measures should be taken to prevent the same? (UPSC 2018) |
