Acts that don’t act

Law-making in the land during ancient times and also in later periods, including present times makes a fascinating study. Both the monarchs of Kingdoms as well as Chieftans of yesteryears enjoying command over their territories wielding weapons and the ruling powers of our times are known to enure order by enacting laws, mostly as a measure of course correction to prevent lawlessness, with the added objective of safeguarding their perch at the helm. The rules and regulations amounting to the laws, as guidelines for enacting them have come to be known as Acts, the term gaining currency during the second half of 19th century in India following Acts passed by the Imperial Legislative Council between 1861 and 1947, the Constituent Assembly of India between 1947 and 1949, the provisional Parliament between 1949 and 1952, finally the Nation’s Parliament of India since 1952 to this day. Historically, measures introduced by the colonialist rulers from 1773 to regulate the administration in India were known as East India Company Acts, the term marked by meaning different from its later perception, given the longish caption to the Acts virtually amounting to a summary of the script.

A title like Indian Stamp Act doesn’t reveal the ambit of its applicability while a title like Immoral Traffic (Prevention) Act is clear about its purpose. Mysureans of yesteryears can recollect the then Mysore Rent Control Act 1961, dreaded by owners of houses offered for renting, which was implemented with limited success. Once cannot be faulted to remark that this Act stands out among the multitude of Acts that don’t act.

We are hearing the buzzwords smart card, smart phone and smart city nowadays which sound like jargon to most people, even the literati in the land. Ironically, persons who dodge the stipulations under the Acts, even those stated unequivocally, are glorified as street-smart, making a mockery of the administration’s intent. It is needless to state that urban diaspora get choked unless they graduate to be street-smart, rendering the well-intended measure into obsolete Act. What is disturbing about Acts in general is that a large number of them are obsolete as not only most people but also lawyers and law-enforcement functionaries in the Government are unaware, may be many Judges too. For instance, the Indian Aircraft Act 1934, deems kites and  balloons to be aircraft !

The old Latin phrase Ignorantia juris non excusat (ignorance of law is not an excuse) applies only to the law-abiding citizens. The law-dodging sections of society take the cake for making Acts not to act.