Delhi, India — Imagine being fined for not walking your dog or facing jail time for flying a kite in a way that alarms others. In India, such scenarios are not mere figments of imagination but potential legal realities stemming from the extensive criminalization inscribed in the nation’s vast assortment of federal laws. A new report by the Delhi-based think-tank, Vidhi Centre for Legal Policy, sheds light on the bewildering scope of criminal offenses that punctuate the Indian legal system, emphasizing the country’s urgent issue of over-criminalization.
The comprehensive study, titled “The State of the System: Understanding the Scale of Crime and Punishment in India,” explores how a staggering 370 federal statutes outline criminal provisions that potentially criminalize over 7,300 different acts and omissions. These range from minor infractions like improperly tethering an animal to severe crimes such as murder or illegal arms possession. The report reveals the bewildering breadth of everyday activities that can lead to criminal charges, including skipping a school attendance order or even handling a feeding bottle to a mother unable to breastfeed.
Among the more eccentric laws, residents can incur penalties for acts such as allowing pigs to wander onto roads, or disturbing animals in a zoo, with punishments ranging from nominal fines to several months in jail. For instance, failing to walk your dog adequately can cost up to 100 rupees and entail three months behind bars. Another instance highlighted is the stringent penalty for promoting infant milk substitutes, which might attract up to three years in prison or a fine up to 5,000 rupees.
The report also points out the severity with which the Indian penal system treats bureaucratic delays. Over 250 offenses across 117 laws punish the late filing of documents, from tax returns to gift declarations, often with disproportionate jail terms. Additionally, 124 crimes across 80 laws target the vague offense of obstructing a public officer, leading to numerous legal ambiguities.
Disturbingly, even the death penalty is on the books for a range of offenses far beyond the most heinous crimes, encompassing infractions such as damaging vital national infrastructures like oil or gas pipelines, or if a sentry is caught sleeping on duty.
Despite this vast array of crimes, the actual enforcement of these laws is relatively limited. According to co-author Naveed Mehmood Ahmad from the Vidhi Centre for Legal Policy, the myriad laws create ample opportunities for corruption and misuse. He notes that while these laws are not heavily enforced, the potential for their misuse remains significant.
The high stakes of over-criminalization extend beyond the individual to burden businesses with a labyrinth of regulations, potentially stifling economic activities. This is exacerbated by the inconsistency in the enforcement of these laws, often leading to arbitrary and unjust penalties.
Moreover, the reliance on criminal law to govern minor infractions places a significant strain on India’s judicial and penal systems. Over 34 million criminal cases are pending in the courts, a majority for longer than a year. The report highlights the dire conditions of overcrowded prisons operating at 131% capacity, revealing the profound implications on human rights and the rule of law.
The painstaking report ultimately calls for a rationalization of criminal law, suggesting that it should reserve its most severe sanctions for acts that threaten fundamental societal values like public safety, national security, and social harmony.
As part of an ongoing legal reform, authorities are considering the removal of criminal penalties from more than 100 legal provisions. This follows the removal of around 180 criminal laws in 2023, signalizing a potential shift towards less invasive legal governance and more humane law enforcement practices.
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