Why laws made in British era continue to apply in India?

Why haven't colonial laws been amended in the 76 years since India's
independence? Colonial laws are frequently held responsible for India's
inequalities and the repression of dissent. Numerous rules from the colonial era
still exist today, but they are irrelevant in an India that recently marked 76 years of
independence from the British who wrote them.

Did you know that flying a kite without a permit could result in a jail sentence and
a fine of up to Rs 10 lakh? If you uncover anything worth more than Rs 10 and do
not disclose it to the relevant district collector, you risk going to jail. These are just
a few of the hundreds of colonial-era regulations that still exist today despite the
absurdity of their existence in an India that recently celebrated its 76th anniversary
of independence from the British who wrote them.

During their time in power in India, the British government created a number of
laws that allowed them to control the nation however they pleased. These laws
served no purpose other than to exploit India's resources and put down any populist
uprising against the British suzerainty. They were in no way advantageous to the
country's citizens. Unfortunately, some of these rules are still in effect today and
are still held in high regard by Indian lawmakers; in fact, we still have to abide by
them on a daily basis. This article seeks to discuss such laws and how some of
them are immoral and should be repealed.

Certain British laws that are still practiced in India are as follows: -

The Khakee attire

The idea for the Khakee clothing used by police officers in the nation is believed to
have originated with the colonial officer Sir Harry Barnet. Since 1847, the uniform
has been widely used. The name "Khaak" means "dust, soil, and ash," suggesting
that the wearer of a Khakee is courageous enough to risk his life while performing
his job and to burn to ashes in the process.
Arrangement for left-handed traffic

The British implemented this system in India in 1800. Under this mode of
transportation, we continue to walk and drive on the left side of the street. In
contrast, several nations around the world adhere to the right-side-of-the-road rule.
India is one of the few nations in the world that has a left-handed transportation
system.

1954 Salt Cess Act

In India's history, the Salt Satyagraha was a significant turning point. You might be
surprised to learn that, despite the fact that his Satyagraha was against the salt tax,
the "Salt Cess Tax Act of 1953" is still in force today. This tax is imposed as a
subtax to pay for a specific administrative cost. It costs 14 paisa per kilogram of
body weight to pay it. Salt manufacturing facilities, whether privately or publicly
owned, are subject to this levy.

The 1872 Indian Evidence Act

This Act was passed by the British government, and it now governs all court
processes, including Court Marshal. However, arbitration proceedings are not
covered by this Act's provisions. This Act lays forth which items can be used as
evidence and which ones must be reported in advance to the court of law. Thus,
although being changed, this Act is being used frequently in laws today, 149 years
after it was passed.

The 1961 Income Tax Act

This Act makes provisions for the income tax legislation in India. This statute
outlines the fundamental structure of the tax as well as how taxes are imposed and
collected. Although the Direct Tax Code was meant to remove this Act along with
the Wealth Tax Act of 1957, it was not repealed when the Wealth Tax Act was
done away with.

Section 13-A of the Income Tax Act of 1961 is the most divisive part. This Act's
objective is to impose income tax on political party donations. In addition, every
organization that accepts a donation from an individual or a group of $10,000 or
more is required to reveal the source of its funding. Unexpectedly, every political
party

The 1946 Foreigners Act

Prior to the country's independence, this Act was passed. According to this Act,
anyone who is not an Indian citizen is considered a foreigner. The person must
demonstrate whether or not they are a foreigner. Within 24 hours after learning of
the suspicion, anyone who believes a foreign national is staying longer than
permitted in India must report the suspicion to the nearest police station. If not,
legal action will be taken against that person.

1882's Transfer of Property Act

All of India's legal rules pertaining to the transfer of movable and immovable
property are governed by the Transfer of Property Act. The British government
likewise passed legislation containing this Act. Property Transfer, in accordance
with real estate in India. The British government likewise passed legislation
containing this Act. This Act defines "transfer of property" as "the granting of
property to one or more others or to oneself." Both now and in the future, property
can be transferred.

1860 Indian Penal Code

The Indian Penal Code is the country of India's official criminal code, and it was
created to address every area of criminal law. The Indian Penal Code was written
based on recommendations made by the first Law Commission in 1860. The
country of India established its first law commission, which was presided over by
Sir Thomas McCauley. In 1862, the Indian Penal Code came into effect under
British rule. The code outlines offences and the punishments that are required by
Indian law for each.

Why these laws are still prevalent?

It is a well-known fact that British raj has imbibed an everlasting print on Indian
culture and so is the case with the Indian laws. The main aim of laws made by the
British system in India was to exploit us in one way or the other and these laws has
to be changed to protect people from these kinds of intricacies. The Indian
governance system is an amalgamation of different kinds of laws which are
inspired from different countries the fact that the dressing code is still followed in
India clearly states that India is still not ready to move on. moreover, the irony is
that the laws which are repealed in Britain are still practiced in India. As far as my
personal opinion is concerned, the existence of these British laws are fruitful to the
leaders of our country in a way that it can help them to exploit citizen the way
Britishers did. That is the main reason why these laws are still prevalent

Conclusion

The British raj was a thing of past and India who is on the verge of becoming a
superpower needs to move on. The unfair laws which are discriminatory in nature
should be dealt with better laws. The landmark abolition of section 377 and 497 of
IPC is an example which states that India Is capable enough to form laws of its
own.

BY: -

KARTIKEY GUPTA

LAW STUDENT