India's complex legal landscape poses numerous dangers for ordinary citizens, from failing to take their dog for a walk to mishandling livestock. A report published by the Vidhi Centre for Legal Policy has revealed a staggering number of legal provisions that criminalize daily activities, asserting that even mundane actions can potentially result in fines or imprisonment.
According to the report, out of 882 federal laws, 370 incorporate criminal charges for a total of 7,305 acts, many of which delve into the absurd or mundane. Common activities, such as flying a kite that “causes alarm” or tethering a goat in public, could result in criminal liability. The think-tank describes this phenomenon as "India's crisis of over-criminalisation," arguing that criminal law is often used unnecessarily to manage routine behaviors.
The report sheds light on the harsh penalties tied to these citations. A failure to walk one’s dog might lead to a fine of 100 rupees or even three months in jail. While some penalties are more severe, including lengthy prison sentences for actions such as promoting infant milk substitutes, it reflects a widespread pattern of governance that leans heavily toward punitive measures, often without substantial evidence of harm.
As India grapples with over 34 million pending criminal cases and overcrowded prisons, with facilities operating at 131% capacity, the legal framework continues to hinder not only individual freedoms but also the operational efficacy of business ventures. The report emphasizes that this expansive network of laws creates barriers to compliance and feeds into a system fraught with opportunities for exploitation, known locally as rent-seeking.
Inconsistencies abound within the realm of crime and punishment. While rioting might incur only two years of imprisonment, falsifying official records attracts a stiffer three-year penalty. Even more perplexing is the equal punishment for vastly different misdemeanors, suggesting a severe lack of coherence in the legal system.
Addressing the root of these issues, authorities have expressed intentions to abolish criminal penalties in over 100 provisions, in addition to the 180 they've already scrapped in 2023. This legislative overhaul is presented not merely as a simplification of legal codes, but as a necessary transformation aiming toward creating a system characterized by trust rather than suspicion.
The movement toward legal reform in India highlights the urgent need for a rationalized and fair approach to law enforcement— one that prioritizes significant threats to society over the criminalization of everyday activities. As the country moves forward, establishing a more humane framework could signal progress not just in legal matters, but also in societal attitudes toward civic life.
