Adil Bazai
Reforms have been a hot debate in Pakistani discourses, whether it is bureaucracy, economy, or law, etc. When the British left the subcontinent, the newly born countries, Pakistan and India, inherited British laws, which are enforced to date with mere amendments. Therefore, the nature of laws wasn’t the delivery of justice to the inhabitants but was to govern the subjects. The British constructively made laws according to their requirements and to maximize their benefit from the Golden Sparrow (India) in the shape of minerals, raw materials, and spices. When we peep into the pages of history, after the 1857 War of Independence, a layer of laws can be experienced within the subcontinent. Penal Code 1860, Contract Act 1872, Transfer of Property 1882, and it goes on. The philosophy behind the mass layer of laws in the subcontinent is to suppress local inhabitants through legal sanctions. The question arises here, why do we need colonial laws anymore? Are they relevant in the status quo? Are the laws according to the need of the hour? Therefore Constitution provides a solution to it. The Constitution of Pakistan 1973 formed the Council of Islamic Ideology. The role of the Islamic Council is that all existing laws shall be brought into conformity with the injunctions of Islam (Article-227), so that no laws should be repugnant to Islam. The Government should form a committee or advisory body, i.e., the Council of Islamic Ideology. The advisory body should investigate existing laws and highlight those areas that are outdated and repugnant to efficiency and the delivery of justice. Colonial and outdated laws shall be repealed, and necessary amendments shall be done as per the need of the hour. The Transfer of Property Act 1882 doesn’t recognize online documents and online signatures until and unless they are printed and registered through the Registration Act 1908. Necessary amendments shall be done to bring the existing laws into function. If the laws aren’t amended in the true spirit, it would create chaos and deterioration in society. However, at large, it would be a failure of democracy and the delivery of justice. Shahid Kareem, the Honourable Judge of Lahore High Court, in his judgment, repealed section 114-A (sedition) of the Pakistan Penal Code, which is repugnant to Fundamental Rights. Honourable Judges of the Supreme Court and High Courts must discourage the application of colonial and outdated laws in the country through precedents. Colonial law to be amended to the need of the Pakistan. Artificial intelligence and information technology are shaping the world in a new mold. The laws of the land must be relevant to current needs. How can a law of the 19th century fit into the 21st century?
