In India, not walking your dog can result in a fine or even imprisonment under the country’s extensive criminal laws. This situation is part of a broader pattern of over-criminalization found in a recent report by the Delhi-based Vidhi Centre for Legal Policy. The report identifies that of the 882 federal laws currently in force, 370 include criminal provisions that define 7,305 actions as punishable offenses, ranging from trivial infractions to serious crimes.
The report, titled "The State of the System: Understanding the Scale of Crime and Punishment in India," illustrates how the Indian legal framework criminalizes a variety of everyday activities—like tethering pets improperly, neglecting a school attendance order, or even unlicensed home repairs. It illustrates the oddities of Indian law, where a simple act of letting your livestock roam could lead to fines, or where even minor offenses, such as failing to exercise your dog, could result in penalties of up to 100 rupees and three months in jail.
Underlining the prevalence of criminal penalties in daily life, the report notes that 73% of crimes carry potential prison sentences, which can range from a day to 20 years. In total, over 250 offenses tied to bureaucratic delays exist, with laws often classifying non-compliance as a criminal act. The severity of punishment can sometimes seem disproportionate—from a few months of imprisonment for certain actions to even the death penalty for damaging critical infrastructure.
While many of these laws are rarely invoked, their mere existence allows for potential abuse. According to co-author Naveed Mehmood Ahmad, there are sufficient provisions for law enforcement to target almost anyone for minor infractions, giving rise to issues of enforcement inconsistency and corruption.
Moreover, the report emphasizes the negative impact of over-criminalization on both individual lives and business environments, indicating that the enforcement of such laws complicates the operational landscape for businesses and afflicts citizens with unnecessary fear of legal repercussions.
The findings also illuminate stark disparities between punishments for seemingly similar offenses—rioting can yield lighter sentences than filing a false registration for a birth or death. The report suggests that laws should be reserved for acts genuinely threatening public safety and societal values.
Court systems are overwhelmed, with over 34 million criminal cases awaiting resolution and a significant number of defendants in jails due to an overloaded legal system. As India's police force operates below sanctioned numbers, expectations for law enforcement to manage crowd control and minor infractions are misguided.
In response to the report's revelations, authorities are considering the repeal of numerous criminal penalties, aiming to reduce the legal burden on citizens and shift perceptions from mistrust to cooperation. The move is hailed as a chance to rework how laws interact with the general populace—fostering a climate of respect rather than fear within the legal framework of India.
