A recent study by the Vidhi Centre for Legal Policy exposes India's extensive criminal laws, indicating that everyday actions like not walking a dog could lead to serious legal repercussions. With over 7,305 criminalized acts, the report emphasizes the excessive reliance on criminal law that impacts both citizens and businesses, prompting calls for legal reform.
India’s Criminal Overreach: Can’t Walk Your Dog? You Might Face Jail Time
India’s Criminal Overreach: Can’t Walk Your Dog? You Might Face Jail Time
A new report reveals the absurdities of Indian law, where skipping a dog's walk can lead to fines or imprisonment, highlighting a system of over-criminalisation.
In India, skipping a walk for your dog may land you in more than just the proverbial doghouse—under current laws, it can lead to fines or imprisonment. This alarming reality is part of a broader issue highlighted by a new report from the Delhi-based think-tank, Vidhi Centre for Legal Policy, which offers a comprehensive overview of India's expansive criminal laws. The report, titled "The State of the System: Understanding the Scale of Crime and Punishment in India," reveals that out of the 882 federal laws, a staggering 370 encompass criminal provisions, leading to the criminalization of 7,305 actions and omissions.
India's legal landscape is riddled with absurd laws; everything from tethering a goat on a public street to failing to provide a month's notice before resigning from a job is subject to penalty. While some laws target serious offenses, many others criminalize mundane activities, thus laying bare what the think-tank describes as "India's crisis of over-criminalisation." For instance, flying a kite that may "cause alarm" could attract fines, and if you allow your pigs to roam onto a road, expect to be fined as well. Dog owners who neglect to walk their pets could face fines up to 100 rupees or even three months of jail time.
The report sheds light on the disproportionate nature of penalties, emphasizing inconsistencies; rioting carries a maximum two-year imprisonment, yet falsely reporting vital statistics can incur three years. Additionally, crimes of varying severity, such as practicing homoeopathy without a license and jumping a red light, all attract identical one-year penalties. This indicates a legal system overly reliant on punitive measures that can disrupt ordinary life and complicate business operations.
The situation is further complicated by India's overburdened judicial system. Over 34 million criminal cases are pending in Indian courts, with 72% stuck for over a year, while prisons operate at a daunting 131% capacity. The report calls attention to this overuse of criminal law as not only impractical but as a hindrance to business activity, as the government seeks to penalize non-compliance in various sectors.
Despite recognizing these flaws, authorities have announced plans to eliminate criminal penalties in over 100 legal provisions, alongside already retracting 180 laws in 2023. This ongoing legal clean-up represents a crucial opportunity for rethinking the framework of Indian laws and focusing it on serious societal threats rather than everyday activities, with the goal of fostering a system that promotes trust rather than fear among citizens.
