The Dog-Walking Dilemma: India’s Over-Criminalization Crisis

A recent analysis reveals that in India, 7,305 acts can result in criminal charges, including not walking your dog properly. With 370 federal laws imposing numerous penalties on everyday actions, experts argue that the country faces a crisis of over-criminalization, impacting citizens and businesses alike.

In India, neglecting to walk your dog could result in a fine or even incarceration, underscoring a major issue with the country’s legal system. A new report by the Delhi-based Vidhi Centre for Legal Policy points to the absurdity of being able to face criminal charges for seemingly trivial actions such as tethering a goat on public streets or flying a kite that causes alarm.

The report claims that out of 882 federal laws, 370 include criminal provisions, leading to 7,305 criminal acts and omissions ranging from mundane to serious offenses like illegal arms possession or murder. This suggests a significant problem of "over-criminalization" in India, where even simple daily activities can land individuals in hot water.

In a detailed analysis titled The State of the System: Understanding the Scale of Crime and Punishment in India, the think tank lays bare the extensive reach of Indian law that often targets ordinary citizens. For example, failing to walk a dog adequately could mean facing a fine of 100 rupees or three months in jail. There are also penalties for unrelated actions such as a parent ignoring school attendance orders or applying for a driving license after being banned.

Experts argue that the overwhelming amount of laws creates a system where almost anyone can be penalized for not adhering to obscure legal regulations. Naveed Mehmood Ahmad, a co-author of the study, emphasizes that the potential for misuse of these laws is high, even if they are not rigorously enforced. “They create ample opportunities for rent-seeking,” he commented, referring to the potential for corruption in law enforcement.

The infrastructural strains on law enforcement are evident, as over 34 million criminal cases are pending in India's courts, with a staggering 72% of these cases unresolved for over a year. Furthermore, the prison system is over capacity, running at 131%, and the police force is critically understaffed.

The report indicates that officials intend to eliminate criminal penalties from more than 100 laws, in addition to 180 that have already been removed in 2023. This effort is not only about legal reform but also aims to shift how laws perceive citizens, moving towards a future with less fear and more trust between authorities and the public.

As India confronts its legal labyrinth, the necessity for a more rational and just system has never been clearer—a system where enforcement prioritizes public safety and social harmony over trivial infractions.