To simplify colonial laws, MHA asks state DGPS to send in views

THE MINISTRY of Home Affairs (MHA) has sought feedback from Directors-generals of Police (DGPS) of all states and Union Territories on the Union government’s proposal to simplify and modernise more than 10 pre-independence laws, The Indian Express has learned.

Among the laws being reviewed are the Registration of Foreigners Act of 1939, the Passport (Entry into India) Act of 1920, the Foreigners Act of 1946, the Official Secrets Act (OSA) of 1923, the Explosive Substances Act of 1908 and the Explosives Act of 1884. The missive, sent last month, came amid the Lok Sabha election campaigning. The bureaucracy has been tasked with preparing an action plan for the new government which will be elected in two months.

In a meeting held in the first week of March, Prime Minister Narendra Modi had asked secretaries of all Union government ministries to think of reforms and lay the groundwork for the first 100 days of the next government. The latest move is seen as part of that effort.

Sources said among the changes proposed to the preindependence laws is the merger and consolidation of the Registration of Foreigners Act of 1939, the Passport (Entry into India) Act and the Foreigners Act into one law — provisionally titled the Immigration and Foreigners Bill. These three Acts pertain to the entry and stay of foreigners in the country. It is learned that the merger has already been discussed with the Law Ministry.

Another proposal on the table is to update the OSA to keep pace with “technological advancements”. The OSA pertains to cases of espionage and wrongful possession and communication of sensitive information that is considered detrimental to the State. Sources said a draft Bill has been prepared in consultation with the Intelligence Bureau, Research and Analysis Wing, Central

Bureau of Investigation, Defence Ministry, Department of Military Affairs, Department of Personnel and Training and Law Department.

That apart, the Union government has also sought feedback on the merger of two Acts on explosive substances — one administered by the MHA and the other by the Department for Promotion of Industry and Internal Trade.

It is learned that the missive was sent to the state and Union Territory D-GS given that several laws are pertaining to subjects in the state list and the MHA wants an update on the simplification of laws by the state governments. Among them is the proposal to enact a new police Act by the states based on the MHA’S Model Police Act of 2006, which was circulated to all and at least 15 states have passed their own laws based on the model Act.

All D-GS have been asked to share their feedback and update on the status of the laws for which reforms have to be passed by the respective states.