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Law may punish you for failing to walk your dog


AFP A man along with his dog walks past a wall mural in Hyderabad on August 19, 2023.
AFP

Skipped your dog’s walk? That could land you a fine or even a jail term under Indian criminal law

In India, you can face criminal charges for tethering an animal on the street, flying a kite in a manner that causes alarm, skipping a school attendance order or handing a feeding bottle to a mother who can’t breastfeed.

Of the 882 federal laws on the books, 370 contain criminal provisions – together criminalising 7,305 acts and omissions. These range from the absurd to the serious: failing to give a month’s notice before quitting your job or not walking your dog enough, to offences like illegal arms possession, murder and sexual assault.

Delhi-based think-tank Vidhi Centre for Legal Policy calls it “India’s crisis of over-criminalisation”.

In a new report, The State of the System: Understanding the Scale of Crime and Punishment in India, the think-tank has produced the country’s first comprehensive database of crimes, mapping the extent of criminalisation across 370 federal laws.

The report flags India’s habit of reaching for criminal law to solve just about everything – even the mundane. It notes that many laws criminalise “routine, everyday actions”.

You could, for instance, be charged for tethering your goat on a public street, fixing a leaky tap without a licence or not naming the owner of a building when asked.

Then there are the truly obscure offences – like a parent ignoring a school attendance order, applying for a driver’s licence when banned or littering in a zoo. Basically, there’s a criminal penalty waiting around every corner of daily life.


Getty Images Residents fly Kites in Delhi as the sun sets bringing a breeze on the 73rd Independence Day of India on August 15, 2019.
Getty Images

Flying a kite in a way that “causes alarm” can invite a fine

Let your pigs wander on to a field or road and you could be fined 10 rupees (12 cents). Disturb an animal or litter in a zoo? Six months in jail or a 2,000-rupee fine. And failing to exercise your dog can cost you up to 100 rupees and three months in jail.

Promoting infant milk substitutes or feeding bottles to pregnant women or mothers can lead to up to three years in jail or a 5,000-rupee fine. (This was meant to curb aggressive marketing by formula food companies, but the law also applies to individuals, which makes it controversial.)

Jail is the go-to punishment in India – 73% of crimes carry prison terms ranging from a single day to 20 years.

More than 250 offences across 117 laws penalise delays in filing documents – everything from wealth and property tax returns to gift declarations, the report finds.

Some 124 crimes across 80 laws criminalise obstructing a public officer, often without clearly defining what causes “obstruction”.

Even the death penalty isn’t off the table – not just for murder or mutiny, but for damaging an oil or gas pipeline or a sentry caught sleeping on duty. In all, a staggering 301 offences in India can legally cost you your life.

Out of 7,305 offences under central laws, nearly 80% come with fines – from as low as two rupees to a staggering 50m rupees.

To be fair, many of these provisions are rarely used – India’s crime records bureau tracks around 50 laws, even though 370 carry criminal penalties.

“They’re not heavily enforced, but they create ample opportunities for rent-seeking,” Naveed Mehmood Ahmad, co-author of the study at Vidhi Centre for Legal Policy, told me.

“There’s enough in the books to jail almost anyone for some technical non-compliance. It’s less about actual use and more about the potential for misuse.”


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AFP

Source: https://www.bbc.com/news/articles/cj0z7lde14eo

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