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India’s Criminal Law: An Overregulation Dilemma
In India, the consequences of not following certain laws can be surprisingly severe, with potential penalties extending to fines or even imprisonment for seemingly minor infractions. From tethering an animal in public to neglecting a school attendance order, the landscape of criminal law in the country encompasses a wide array of behaviors that some may consider mundane.
A recent report by the Delhi-based think tank Vidhi Centre for Legal Policy highlights what it describes as “India’s crisis of over-criminalisation.” The report, titled The State of the System: Understanding the Scale of Crime and Punishment in India, presents the first comprehensive database mapping the extent and nature of criminalization across 370 federal laws—many of which impose penalties for common activities.
The report reveals that India has 882 federal laws that encompass 7,305 acts and omissions subject to criminal penalties. This includes everything from trivial offenses like not adequately exercising a pet, to severe crimes such as murder and sexual violence.
Many laws, according to the report, target actions that occur in everyday life. For instance, one could face criminal charges for fixing a leaking tap without proper authorization or failing to name a building’s owner upon request. Lesser-known violations include offenses like allowing pigs to stray onto public property, which can incur a fine of just 10 rupees (around 12 cents), or littering in a zoo, which could lead to six months of imprisonment or a 2,000-rupee fine.
Additionally, failing to walk your dog sufficiently could result in a fine of up to 100 rupees, with a potential jail term of three months. In a more controversial application of the law, individuals promoting infant milk substitutes can face up to three years in prison, a law intended to curb aggressive formula marketing but applied broadly to individuals.
The enforcement of prison terms is prevalent in India’s criminal justice system, with 73% of offenses carrying the potential for incarceration, which can range from a single day to 20 years. In a surprising twist, it appears that the legal system’s harshest penalties are not reserved solely for grave violations; even activities like applying for a driver’s license while banned can lead to significant legal repercussions.
The report points out that while many of these laws are seldom enforced, their existence fosters an environment ripe for potential misuse. Naveed Mehmood Ahmad, a co-author of the study, mentioned that “there’s enough in the books to jail almost anyone for some technical non-compliance.” This opens the door to corrupt practices, with law enforcement having the power to enforce penalties arbitrarily.
The overreach of criminal law affects not just individuals but also the business climate in India. A multitude of statutes penalize businesses for non-compliance with minor regulatory requirements, creating a cumbersome environment where criminal charges seem to be the default remedy for infractions.
The report further uncovers striking disparities in how crimes are penalized in India. For example, rioting—a violent act—can result in death or a maximum of two years in prison, while falsely reporting a death for administrative purposes incurs a three-year sentence. Furthermore, disparate offenses such as practicing unlicensed homeopathy and jumping a traffic light carry the same penalty of one year in jail, highlighting inconsistencies in the justice system.
This pervasive criminal framework leads to profound implications for India’s legal and law enforcement systems, creating bottlenecks in the judicial process with over 34 million criminal cases currently pending. Approximately 72% of these have been unresolved for over a year, which only adds to the burden on an overstretched police force that operates well below its sanctioned capacity. As of January 2023, India had only 154 police personnel per 100,000 citizens, falling short of the recommended 195, with hundreds of thousands of vacancies across the nation.
Despite the overwhelming nature of this legal environment, there has been recent movement toward reform. Authorities have announced plans to decriminalize over 100 legal provisions, in addition to the 180 already decriminalized in 2023. This initiative not only seeks to alleviate unnecessary legal burdens but also prompts a reevaluation of how laws are applied in a manner that fosters trust rather than fear among citizens.
A Call for Rethinking Legal Approaches
The prevalent emphasis on criminal law to regulate day-to-day activities highlights the urgent need for a paradigm shift. Legal frameworks should focus on acts that genuinely threaten societal foundations such as public safety and security, rather than encroaching into minor infractions of daily life. The potential for reform offers an opportunity to transform the relationship between authorities and citizens, aiming for a system that nurtures compliance through understanding rather than intimidation.
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