In India, skipping a walk with your furry friend could land you in serious legal trouble, potentially resulting in fines or even jail time. According to a recent report by the Delhi-based think-tank Vidhi Centre for Legal Policy, the country is grappling with a crisis of "over-criminalization," where everyday actions are criminalized under a sprawling web of federal laws.
The study reveals that out of 882 federal laws, 370 come with criminal provisions that outline 7,305 acts that can lead to legal consequences. Among these provisions are regulations that may appear trivial yet can attract severe penalties, such as failing to walk your dog regularly, tethering livestock on the street, or even flying a kite in a manner that causes alarm.
This report, titled "The State of the System: Understanding the Scale of Crime and Punishment in India," highlights how the legal framework often resorts to criminal law to govern mundane behavior. For instance, not maintaining school attendance, fixing plumbing issues without a license, or neglecting to name a building owner when asked can result in criminal charges.
Certain absurdities in the law are apparent when considering penalties: allowing pigs to roam into a public space could cost you 10 rupees, while disturbing animals in a zoo might lead to six months of imprisonment or a fine of 2,000 rupees. Likewise, failing to exercise a dog could incur a penalty of up to 100 rupees and a three-month jail term.
On the more extreme side, penalties can reach up to three years in jail or a fine of 5,000 rupees for promoting infant milk substitutes in a way that undermines breastfeeding. This law, aimed at curbing aggressive marketing, controversially impacts individuals as well.
The report also critiques the significant imbalance in consequences; serious crimes like rioting might only bring two years of imprisonment, while minor offences such as a clerical error regarding birth or death records can result in a heftier sentence of three years.
In total, there are over 301 offences that carry the death penalty, not just for egregious acts like murder but also for seemingly minor infractions such as damaging a gas pipeline. While many offences carry fines, about 80% of the 7,305 charges are relatively low. Yet, the excessive number of punitive measures creates an environment ripe for potential misuse of the law.
Critics argue that this extensive legal framework hampers daily life and business operations in India, generating unnecessary complexities and encouraging corruption within law enforcement. The report highlights that there are currently 34 million pending criminal cases, with over 72% languishing for more than a year in courts. The situation is exacerbated by overcrowded prisons that operate at 131% of their capacity and a significant shortfall of police personnel.
The authorities have pledged to eliminate criminal penalties from over 100 legal provisions, building on the 180 laws already repealed in 2023. By reconsidering how laws are applied, there is hope for a legal system that builds trust rather than fear, shifting the focus from punishment to a more harmonious relationship between citizens and the law.
