What's New

Q. Simplification of laws is a prerequisite of good governance. In light of this, discuss the impact of ambiguity in laws and suggest some steps that can be taken to reduce this ambiguity.

Answer 

For good governance, it is important that legal frameworks are clear, fair and enforced impartially. Ambiguity occurs where there is a lack of clarity or when there is uncertainty about the application of a law.

This ambiguity in laws has following implications

• Increased litigation: Due to lack of understanding of laws, there is increase in pendency of cases which further overburdens the courts. In fact, when matters are less clear and more difficult to predict, parties’ expectations over the outcome of the adjudication are more likely to diverge leading to increase in the litigation rate.
• Lack of clarity: Ambiguity in laws leads to myriad interpretations leading to confusion and lack of clarity in provisions of laws. For instance, In Anti-conversion laws, terms used in such laws like force, fraud, allurement etc. are loosely defined, leaving wide scope of interpretation.
• Financial losses: Society may incur relevant costs due to the uncertainty of legal entitlements and bear direct and indirect expenses associated with the litigation process. Further, conflicting interpretations of laws on the same subject hampers ease of doing business and discourages foreign investment in the country.
• Delayed investigation: Ambiguity in laws leads to delay in investigation of the case or delay in implementation of law.
• Misuse of laws: Laws are prone to misuse due to lack of a clear definition or use of vague terms. For example, if there are different definitions of the minimum age of child prescribed under different laws, it becomes easier for employers to employ children.

In light of these issues, the following measures can be taken to reduce this ambiguity in laws:

• Repeal archaic laws: Colonial legacy in laws such as IPC, Evidence act, etc. needs to be eradicated and updated as per the needs of 21st century.
• Well defined terms: Clearly define ambiguous terms so that misuse of law, and misinterpretation can be avoided and the ultimate aim of good governance can be achieved.
• Address evolving issues: Contemporary issues like Data privacy, micro-plastic pollution etc. need to be taken into cognizance and laws should be aimed at protecting and addressing emerging threats.
• Functionality: Laws should clearly outline the roles and responsibilities of ministries/departments to avoid conflict and must be equipped to address exigencies. For e.g., some have argued that the Disaster Management Act, Epidemic Act, used during the Covid pandemic were not fully equipped to deal with the situation arising out of the pandemic.
• Public interaction: Tools like pre-legislative scrutiny, engaging with stakeholders, parliamentary committees should be incorporated at all stages of formulation of law to ensure that aspirations of all sections of society are met.

Bringing about clarity on interpretation of statutes: Some argue that paying attention to the intention of the legislature or its purpose behind enacting laws can help in solving the problem of many of the uncertainties and ambiguities that arise in law. However, there are strong opposing arguments in support of a strict textual reading of the law too. There is an urgent need to ensure that laws and legal structures keep pace and are reflective and responsive to the growing needs and challenges of the time.