Communicating laws to citizens
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PRESENTATION AT THE ASSOCHAM CONFERENCE ON JUDICIAL REFORMS BY HARSH SHRIVASTAVA FEBRUARY 10, 2015 Do you know what the law is? February 10, 2015 Srei Infrastructure Finance 1
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Transcript of Communicating laws to citizens
PRESENTATION AT THE
ASSOCHAM CONFERENCE ON
JUDICIAL REFORMS
BY
HARSH SHRIVASTAVA
FEBRUARY 10, 2015
Do you know what the law is?
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Laws are different from schemes
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Indian governments advertise schemes:
Subsidies, scholarships, employment opportunities, new
infrastructure projects
Always with the Minister’s photo!
All of these involve a choice: you can choose to
participate.
All affected citizens have to follow the law—and
“ignorance of the law is no excuse” still holds true.
Why is it important to communicate
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“Good policy, poorly communicated, is not good policy.
We can develop the best public policy or most efficient
programs, but if we do not communicate these effectively,
they will not have the desired reach or impact.”
—Roger Wilkins AO, Secretary, AG’s Department, Canberra
“Explain the “why” of the law, as well as the “what” of
the law; you will have greater voluntary compliance,
which is always better and cheaper than catching
lawbreakers, prosecuting them, and jailing them”
—Carolyn Evans, Dean, Melbourne Law School
After the law is enacted; not just before
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In India, like Australia, debate before proposed laws.
Food security in India
MRRT or Carbon tax in Australia
Just like other vibrant democracies
What happens after the law is enacted, and all the
debate’s over?
In India, at least, very few people know, even those
supposed to enforce them.
Nearly eighty criminal laws in an average police station
India’s experience
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Website that lists all laws in force: indiacode.nic.in
In the original legal language—only lawyers can read it.
No budgets in ministries for communicating laws—but
budgets for advertising schemes.
Not just to citizens, but even enforcement agencies.
No communication of “subordinate legislation”.
Much worse in the 29 States:
Multiple languages complicate this.
Less understanding and even less money for this.
State-level laws impact you more than federal rules.
Australia’s governments communicate by
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Websites
Advertisements
Factsheets
Media coverage
An example of a proposed brochure by the AG
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Advertisements: March 21, 2012
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Press coverage: April 8, 2012
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Clear advertising in buses and trains.
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How well planned is all this spending?
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India is also starting to use advertisements
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And hoardings at popular places
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Indiacode—India’s repository of laws
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The friendlier Comlaw from Australia
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What should India do?
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Each federal ministry has a separate team (and
budget) for legal dissemination.
Also, one team in each of our state governments.
“What do citizens need to know” analysis before
every law is passed—and regulations made.
Updated websites in English and in Hindi.
Victoria’s example
State Governments will also update in English/Hindi.
SMS updates—already used for elections!
NOT AN AF TERTHOUGHT.
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Communicating laws is critical
