Maharashtra repeals 80 obsolete laws, some still linger on

MUMBAI: Maharashtra legislative assembly on Tuesday passed a bill to repeal roughly 80 of 100-odd, outdated laws that remained on the statute book despite constitutional changes, state reorganisation, and enactments of new laws. Laws struck down include The Maharashtra Opium Smoking Act 1936, The Bombay Abolition of Whipping Act, 1957, The Lepers (Bombay Unification) Act, 1959, The Bombay Abkari Act, 1878 and The Borstal Schools Act, 1929.

Starting with a law dating back to 1799, there are many in the statute book that were enacted before independence. Under colonial rule, Bombay was a Presidency and the Governor as well as the pan-India Governor General had legislative powers over it. In 1861, the provincial legislature was set up to make laws for Bombay. This legislature, which is the predecessor of the legislative assembly, enacted several laws for the Bombay Presidency. A report by Vidhi Centre for Legal Policy recently found 125 such laws still in force in Maharashtra.

The bill was introduced by BJP minister Ashish Shelar who said obsolete laws were being repealed on recommendations of a good governance committee. The panel set up in 2022 comprised former chief secretaries led by Suresh Kumar.

Congress MLAs Nana Patole and Nitin Raut opposed the bill saying ‘wholesale' repealing of laws could affect rights of communities that these laws govern. Raut demanded that the bill be sent to a joint select committee for review. Many laws being repealed are from the former Central Provinces and Berar state, which affect Nagpur and Vidarbha, said Patole.

Shelar said, "Laws specifically from periods of 1799 to 1947, and 1947 to 1960 are being repealed. Following the formation of the state in 1960, we enacted our own laws; and under the framework of these laws, all existing rights remain fully intact," Shelar said.

The bill said the state has decided to repeal the Bombay enactments, Bombay Regulations, Bengal Regulations, Central Provinces and Berar Acts, Hyderabad Acts and Madhya Pradesh Acts which are not in use. However, certain obsolete laws dealing with hereditary titles, honours and privileges such as the Baronetcy Acts and the Bombay Hereditary Offices Act of 1874 are yet to be repealed. ‘Baronets' were awarded by the British Crown to commoners and the Hereditary Offices Act dealt with ‘watandars' who enjoyed special land rights in Maratha territories.