JK News Today
Jammu, December 22:
The Law School, University of Jammu in Collaboration with Centre for Civil Society, New Delhi has released a Jammu & Kashmir Repeal Law Compendium which has identified more than twenty-five legislations which are subject to repeal. The project was undertaken by the team of Law School students under the supervision of Professor Arvind Jasrotia, Director, The Law School and Former, Head and Dean, Faculty of Law. The student team comprised of Akhilesh Atulaya Jandial, Haamid Ali Shah, Mansi Walia and Samreen Tibb. The compendium was launched in New Delhi on 26th of November, 2018. The same was released yesterday at the University of Jammu by the Vice Chancellor, Prof. Manoj Kumar Dhar who applauded such a great initiative and the hard work put by the Law School team in collaboration with CCS, New Delhi.
It is pertinent to mention that the Centre for Civil Society, a leading think tank through its public interest litigation initiative ‘i Justice’ began the ‘Repeal of 100 laws Project’ that were either redundant, obsolescent in the face of new laws or hindrance to development, governance and freedom. The results of the initiative were articulated in a report titled ‘100 Laws repeal Project’, which was further acknowledged by a Report on ‘Obsolete Laws: Warranting Immediate Repeal’ by the Law Commission of India.
The identification of laws recommended for repeal has been done through a scientific ‘grading method’ ranging from 1 to 5. A grade point of 5 indicates the strongest possible case for repeal, whereas grade point of 1 indicates a relatively weak case. In assigning grade points, the following factors, inter alia, have been considered: (i) whether the law has been recommended for repeal by Law Commission Reports or other Government Reports; (ii) whether there have been judgments’ that have criticized the law and given a recommendation for repeal; (iii) whether the law has been become redundant due to reorganization of states or the law having outlived its purpose and (iv) whether the law has been subsumed or superseded by a new, subsequent Central/State Law.
Few of the laws in the State of Jammu & Kashmir identified by the Law School team for repeal as per grading points are: The J&K Banker’s Book Evidence Act, 1920; The Jammu & Kashmir Hindu Disposition of Property Act, 1940; The Jammu and Kashmir Namdha Quality Control Act, 1953; The Jammu and Kashmir Utilization of Lands Act, 1953; The Jammu and Kashmir Government Servants (Held in Detention) Act, 1956; The Jammu and Kashmir Registration of Deeds (Validation) Act, 1956; The Jammu & Kashmir (Extension of Laws) Act, 1956; The Jammu and Kashmir State Village and Town Patrol Act, 1959; The Jammu & Kashmir Prevention of Beggary Act, 1960; The Jammu and Kashmir Vaccination Act, 1967; The Taxation Laws (Extension to Jammu & Kashmir) Act, 1972; The Jammu and Kashmir Hindu Inheritance (Removal of Disabilities) Act, 1940; The Jammu & Kashmir Muslim Marriage Registration Act, 1981; The Jammu & Kashmir Agriculturalist Relief Act, 1983; The Jammu & Kashmir Food Control Act, 1986; The J&K Juvenile Smoking Act, 1986; The Jammu & Kashmir Legal Practitioners (Fees) Act, 1988; The Jammu & Kashmir Village Sanitation Act, 1990; The Jammu & Kashmir Livestock Improvement Act, 1996; The Jammu & Kashmir Opium Smoking Act, 1954.
