India's Strain of Over-Criminalisation: Everyday Actions at Risk of Punishment

With over 7,300 criminal acts defined in Indian law, including mundane activities like failing to walk a dog, a recent report reveals the absurdities of over-criminalisation which burdens ordinary citizens and businesses, calling for a significant re-evaluation of these laws.

In India, not walking your dog could land you in a legal quagmire, illustrating a larger issue of excessive criminalisation that permeates daily life. According to a new report from the Delhi-based think tank Vidhi Centre for Legal Policy, the nation has over 7,300 acts and omissions classified as criminal offenses, leaving citizens at risk for even the most trivial mistakes. From tethering animals improperly to skipping school attendance, the laws reflect a trend towards criminalising routine behaviours.

India's extensive criminal code includes 882 federal laws, with 370 carrying criminal provisions which penalize a plethora of actions, ranging from the genuinely serious to the absurd. Matters of daily life, such as failing to provide notice when quitting a job or not exercising your dog sufficiently, are subject to fines or prison sentences. Moreover, obscure crimes like allowing pigs to roam onto roads or failing to notify authorities in mundane scenarios could result in various penalties, from monetary fines to incarceration.

The report, "The State of the System: Understanding the Scale of Crime and Punishment in India," showcases India’s profound reliance on criminal law, often applying it to ordinary actions rather than strictly serious infractions. Instances abound where failure to comply with legal technicalities can lead to jail time, indicating a legal framework more inclined towards punishment rather than trust.

The severity of punishments is also inconsistent; for example, a violent public disturbance can earn just two years in prison, while falsifying a birth record can lead to three years of incarceration. Even more perplexing is how widely differing actions, such as performing unlicensed homeopathy or jumping a red light, result in similar sentences of one year.

Experts warn that this pervasive reliance on the criminal justice system creates barriers for regular citizens and businesses, burdening an already stressed legal framework. With over 34 million criminal cases pending in the courts, and prisons operating at 131% capacity, the system is overstretched. India’s police force remains under-resourced, with only 154 officers per 100,000 people, far below the sanctioned level of 195.

Authorities have proposed scrapping criminal penalties for over 100 legal provisions, building upon the 180 already removed this year, indicating a growing recognition of the need to reassess how criminal law interacts with societal norms and behaviours. A fresh approach is emerging, advocating for less fear and more trust between citizens and their legal structures.