In India, an alarming number of seemingly trivial everyday actions may soon come with unexpected legal consequences. A recent study by the Vidhi Centre for Legal Policy sheds light on the extensive criminalization of routine behaviors, including the failure to walk your dog regularly. This growing trend of over-criminalization, as highlighted by the report, raises significant concerns about the impact on citizens and businesses across the country.
Criminalizing Routine Behavior
The report, titled “The State of the System: Understanding the Scale of Crime and Punishment in India,” reveals an extensive web of 370 federal laws that criminalize over 7,300 actions, many of which pertain to daily life. For example, simple activities like tethering a goat on a public street or fixing a leaking tap without the appropriate permits could lead to legal penalties. In a particularly surprising case, citizens could face fines or even jail time for not walking their dog adequately. The report emphasizes that this overreach in criminal law results in an environment where individuals are at risk of legal consequences for minor infractions that are part of everyday living.
This trend has been referred to as a “crisis,” as the think-tank argues that criminal law is being excessively relied upon to regulate minor issues. While some laws may not be rigorously enforced, their very existence creates opportunities for misuse, corruption, and unnecessary legal burdens for ordinary citizens.
Disparity in Penalties
The report also draws attention to the disproportionate nature of punishments for various infractions. It highlights an inconsistency in the way laws are applied, noting that promoting infant milk substitutes can lead to three years in prison, while violent rioting may only warrant a two-year sentence. This raises questions about the logic behind such a legal framework, where acts of severe violence carry lighter penalties than administrative violations.
Moreover, the report points out the troubling similarity in penalties for crimes of varying severity. For example, practicing homeopathy without a license and running a red light both carry a one-year sentence. Such equal punishment for vastly different offenses contributes to a legal system that feels arbitrary and overly punitive, complicating citizens’ interactions with the law.
Impacts on Everyday Life and Business
The over-criminalization of daily activities not only disrupts the lives of individuals but also poses significant challenges for businesses. According to the report, the reliance on criminal penalties for minor infractions results in a burdensome regulatory environment for companies. With a complex web of laws that impose penalties for even the smallest mistakes, businesses often find themselves navigating an obstructive legal framework. This approach is viewed as detrimental to economic growth, stifling innovation and making it more difficult for entrepreneurs to operate effectively.
Experts argue that criminal law should be reserved for serious offenses that directly threaten public safety or societal well-being, rather than being applied to routine actions. This would help create a more conducive environment for both individuals and businesses, fostering economic progress and a greater sense of legal security.
Push for Legal Reform
The mounting challenges posed by over-criminalization have led to calls for urgent legal reform in India. In response, the government has initiated plans to remove criminal penalties from over 100 legal provisions, building on the 180 provisions already revised in 2023. This reform is seen as an opportunity to reassess the country’s legal approach to everyday life, aiming to reduce unnecessary fear and promote a sense of trust between the public and the state.
The report advocates for a legal system that prioritizes the protection of public safety and social harmony while minimizing the criminalization of trivial actions. With over 34 million criminal cases pending in Indian courts, reforming the legal landscape could help alleviate pressure on the judiciary and significantly improve the quality of life for citizens.