Article text:
In India, failing to take your dog for a walk could land you in hot water, with potential fines or even jail time under its extensive criminal laws. The country's legal framework encompasses 882 federal laws, of which 370 include criminal provisions that define a staggering 7,305 criminal acts and omissions. These laws range widely from trivialities such as not walking your dog and tethering an animal in public to serious offenses like murder and arms possession.
The Delhi-based Vidhi Centre for Legal Policy has recently published a report detailing the extent of criminalisation in India. Dubbed "India's crisis of over-criminalisation," the report presents the first comprehensive database that maps the sheer scale of offenses punishable by criminal law, framing it as an overreach that often targets innocuous behaviors.
Surprising inclusions in this lengthy list of misdemeanours include simple actions like fixing a leaky faucet without authorization or not reporting the owner's name of a building when asked. Moreover, obscurities exist such as parents neglecting a school attendance order or flying a kite in a manner that potentially generates alarm. Indeed, it seems there’s a criminal charge lying in wait at nearly every corner of daily life.
Under this legal regime, even minor infractions carry significant penalties. For instance, failing to walk your dog could lead to fines up to 100 rupees and three months in jail, while allowing pigs to trespass on public land could result in as little as a 10-rupee fine. Promotion of infant milk substitutes can cause individuals to face up to three years behind bars; a regulation aimed at controlling aggressive marketing from formula companies but which wrongfully impacts well-meaning citizens.
The stark reality is that out of over 7,300 criminal offenses outlined in central laws, close to 80% come with fines ranging from a mere two rupees to an eye-watering 50 million rupees. While many of these statutes remain unused, they offer ripe opportunities for exploitation and manipulation. As Naveed Mehmood Ahmad, a co-author of the study, points out, the threat of punitive measures can ensnare almost anyone for seemingly benign infractions.
The report argues that this excessive and arbitrary application of criminal law disrupts normal life and stifles business activity. Entrepreneurs in India face a labyrinth of rules and regulations wherein a misstep can lead to criminal prosecution rather than civil penalties.
There are glaring inconsistencies in terms of punishment severity as well. For instance, rioting, which involves the use of violence, is punishable by up to two years, whereas falsely reporting a birth or death nets a greater penalty of three years in prison. Crimes with vastly diverse implications garner the same consequences, such as practicing unlicensed homeopathy and jumping a red light, both attracting a one-year sentence.
This overemphasis on criminalization not only burdens citizens but also strains the judicial system; currently, India has more than 34 million pending criminal cases, with 72% of those awaiting resolution for over a year. Additionally, prisons operate at 131% capacity, amidst a police force grappling with significant understaffing, having only 154 officers per 100,000 people compared to the sanctioned 195.
Recognising these challenges, authorities have announced plans to repeal criminal penalties in over 100 legal provisions on top of the 180 already abolished in the past year. This reform could represent more than mere legal housekeeping; it stands as an opportunity to reshape public perception of law enforcement from one of fear and suspicion to one that fosters trust and community.
In India, failing to take your dog for a walk could land you in hot water, with potential fines or even jail time under its extensive criminal laws. The country's legal framework encompasses 882 federal laws, of which 370 include criminal provisions that define a staggering 7,305 criminal acts and omissions. These laws range widely from trivialities such as not walking your dog and tethering an animal in public to serious offenses like murder and arms possession.
The Delhi-based Vidhi Centre for Legal Policy has recently published a report detailing the extent of criminalisation in India. Dubbed "India's crisis of over-criminalisation," the report presents the first comprehensive database that maps the sheer scale of offenses punishable by criminal law, framing it as an overreach that often targets innocuous behaviors.
Surprising inclusions in this lengthy list of misdemeanours include simple actions like fixing a leaky faucet without authorization or not reporting the owner's name of a building when asked. Moreover, obscurities exist such as parents neglecting a school attendance order or flying a kite in a manner that potentially generates alarm. Indeed, it seems there’s a criminal charge lying in wait at nearly every corner of daily life.
Under this legal regime, even minor infractions carry significant penalties. For instance, failing to walk your dog could lead to fines up to 100 rupees and three months in jail, while allowing pigs to trespass on public land could result in as little as a 10-rupee fine. Promotion of infant milk substitutes can cause individuals to face up to three years behind bars; a regulation aimed at controlling aggressive marketing from formula companies but which wrongfully impacts well-meaning citizens.
The stark reality is that out of over 7,300 criminal offenses outlined in central laws, close to 80% come with fines ranging from a mere two rupees to an eye-watering 50 million rupees. While many of these statutes remain unused, they offer ripe opportunities for exploitation and manipulation. As Naveed Mehmood Ahmad, a co-author of the study, points out, the threat of punitive measures can ensnare almost anyone for seemingly benign infractions.
The report argues that this excessive and arbitrary application of criminal law disrupts normal life and stifles business activity. Entrepreneurs in India face a labyrinth of rules and regulations wherein a misstep can lead to criminal prosecution rather than civil penalties.
There are glaring inconsistencies in terms of punishment severity as well. For instance, rioting, which involves the use of violence, is punishable by up to two years, whereas falsely reporting a birth or death nets a greater penalty of three years in prison. Crimes with vastly diverse implications garner the same consequences, such as practicing unlicensed homeopathy and jumping a red light, both attracting a one-year sentence.
This overemphasis on criminalization not only burdens citizens but also strains the judicial system; currently, India has more than 34 million pending criminal cases, with 72% of those awaiting resolution for over a year. Additionally, prisons operate at 131% capacity, amidst a police force grappling with significant understaffing, having only 154 officers per 100,000 people compared to the sanctioned 195.
Recognising these challenges, authorities have announced plans to repeal criminal penalties in over 100 legal provisions on top of the 180 already abolished in the past year. This reform could represent more than mere legal housekeeping; it stands as an opportunity to reshape public perception of law enforcement from one of fear and suspicion to one that fosters trust and community.
