Nothing’s Post-1898

In the world of instant messaging and e-mails, guess where the Act that governs the Indian postal system is stuck? In 1898, when the sun was...

In the world of instant messaging and e-mails, guess where the Act that governs the Indian postal system is stuck? In 1898, when the sun was yet to set on the British Empire, letters still came by mail ships and the Government was the sole carrier of post. Officially, this is what it means:

• If you send a personal letter through a private courier company, you would be breaking the law. Carrying of all letters and postcards, says the Indian Post Office Act, 1898, is the monopoly of the Centre, exercised through the post-office.

• If the post-office fails to deliver your Rs 50,000 draft, grin and bear it. The department has no legal liability to pay any compensation to you. If you are lucky, you may receive up to Rs 50 as ‘‘an act of grace’’.

Story continues below this ad

• Don’t expect answers even if you receive your appointment letter after the date of joining is long past. The department is exempted from all responsibility ‘‘in case of loss, damage, delay or misdelivery of any postal article’’.

Among other things, the laws make all competition illegal and leave no room for a faster system of communication like e-mail or even couriers. ‘‘Her Majesty’s Government’’ remains the alternative for the Centre in papers. Wherever there is a mention of a contract or arrangement by the Centre, ‘‘Her Majesty’s Government’’ or ‘‘the Government of any British possession or foreign country’’ gets an equivalent status.

Things may have changed on the ground with letters being sent by air and not ship; or ‘‘On Her Majesty’s Government Service’’ replaced by ‘‘On Indian Government Service’’ on official letters, but little of it is reflected in the Act.

The Indian Post Office (Amendment) Bill, 2002, that sought to introduce some of these changes never saw the light of day, with opposition from various quarters, including courier service owners and Internet Service Providers, over the ‘‘exclusive privilege (of post-office) clause’’. The Government wanted to retain the privilege of the Centre to convey letters, which would have included electronic post.

Story continues below this ad

The courier companies and ISPs protested against this, fearing the return of the ‘licence raj’, with the Government charging exorbitant fees to register companies and renew their registrations periodically. ‘‘The effort is to retain the monopoly of the great Indian Post Office. Though the courts have intervened, the Government seems reluctant to incorporate the changes,’’ admits an official at Dak Bhawan.

The courier companies, for example, are operating on the basis of a Supreme Court order that allows them to carry only official documents. ‘‘The Act mentions that ‘letters and postcards’ can be carried only by the post-office, so the courier companies made use of that clause saying they would deliver official documents,’’ the official points out. Even in cases of loss and damage, consumer courts have given a few judgements against the Act and awarded compensation to complainants.

The Government says it is aware of the archaic laws and would soon make relevant changes. Union Minister for Communications Arun Shourie told The Indian Express they had been working on bringing changes in the postal Act, and these ‘‘will be taken to the Cabinet shortly.’’