6 Weird Laws Applicable In India!

“Laws are like sausages, it is better not to see them being made”

-Otto von Bismarck

Introduction

India is one of the biggest developing country, having the second most population globally. India has so many laws which have been taken from different countries like US, UK, Australia etc. It has a very wide system of law which contains civil, criminal, and customary laws or religious laws. In India, there are so many caste and tribes that it creates a problematic situation to pass a law. This is where the framers end up passing weird laws. Sometimes law framers tend to interrupt the system and pass a law that is so vague and unimaginable. Below are some example of the weird laws in India-

1. Adultery is discriminatory in nature: –

The parliament clearly did not apply its mind while passing this law. Adultery is defined in Section 497 of IPC as “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor”[1]. Under this law, it is clearly defined and rules out wife/women would not be punished at all. It is only the men section that is liable under this section. Yes, you are thinking it right that this law is so discriminatory in nature and weird at the same time. This section uses “he” and excludes the option for the judiciary to punish the women/wife in this case. According to this Section of IPC, a man will be jailed for cheating on his wife but a woman will not be prosecuted even if she stays with any numbers of men/ non-husbands. This law is ridiculous and very discriminatory. However, this law is removed in India and no longer stands anywhere in any part of India[2].

2. Different legal drinking ages in every State: –

Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India. In India, every state has their own laws and regulations. Most of the laws differ in every state. One of the best examples is the law relating to the drinking age legally. Every state has already passed the legal drinking age for alcohol for their people. Like in Delhi, the legal age to drink alcohol is 25 whereas in Maharashtra it is 21. This law is confusing and weird as the right to vote can be decided by the citizen after 18 years all over India, but one cannot decide if he is mature enough to drink alcohol or not. The legal age to drink alcohol in India is set by the rate of crime happening in that State. Like in Haryana, Uttar Pradesh or Delhi where the crime rate is the most, the legal age is set at 25 years. Whereas, people of Maharashtra can enjoy their drinks at the age of 21 years. If we talk about goa, where people mostly travel for nightlife has set a legal age of drinking alcohol at 18 years. The only clear law set by the parliament in India is that no one under the age of 18 years can consume alcohol. At least parliament applied its mind while drafting this law[3].

3. Two-Child Policy: –

India has taken many laws from different countries. One of the laws that were recently taken was the Two-Child Policy. In China, this law was implemented to curb over-population. In India, Kerala State also opted for this law to curb the same problem. This policy simply suggests that the Families cannot have a third child, if any family does that then they will be liable for a fine of Rs. 10,000 and withdrawal of free education and health care. This law was passed by the state government to curb the problem of over-population but as we all know Rs. 10000 and no free education is not a big deal for rich people. China is not the only place to have implemented a two-child policy but in China the punishment is way too harsh and not even the rich people dare to break this law[4].

4. Police Officer with Pearly Whites: –

Do you know while drafting some of the laws in India, there was a competition of drafting the weirdest law in India? Then the drafters came with one of the laws in Motor Vehicles Act. This act is strange and weird because we can’t say if it’s a law or a joke. In Indian Motor Vehicle Act, 1914[5] if one has to become an inspector in Andhra Pradesh then he/she should have proper White teeth and should be properly brushed. Yes, you heard it right. White teeth to become an inspector. We can’t imagine the connection between the white teeth and managing the traffic.

5. Fly Kites and end up in jail:

Do you know that flying a kite in India can land you in jail? It is a settled law in India under Aircraft Act 1934 which states that “flying a kite without police permission is a breach of the law” and also stated that “if anyone flies a kite negligently in such a manner as to cause danger to any person or to any property on land or water or in the air”, then it could lead to criminal prosecution. The Act declares the punishment with two years of prison or a fine of Rs. 10 lakhs.  According to the Act, aircraft means “any machine which can derive support in the atmosphere from the reaction of the air. This includes balloons, airships, kites, gliders, and flying machines”. So, this act considers  kites as an aircraft[6].

The same laws that are applied to the planes, aircrafts are applied to a single piece of paper called kite. How can a law be so ridiculous? If you are flying kites in India then you might be under the supervision of the Government. [7]

6. Prostitution is legal, but you can’t be a pimp: –

In India, Prostitution is legal and can be practiced in private according to Immoral Traffic (Prevention) Act, 1956 (ITPA)[8] but strangely pimping, brothels and any organization encouraging the prostitution is illegal and punishable according to the law. If you are caught pimping, or trading in prostitution will be booked under section 370 of IPC. It is a non-bailable offense and the accused can get rigorous imprisonment of more than 7 years of jail time. It is really weird to understand this law, as prostitution can be privately carried on, but no one can start a business under this activity.

[1] Section 497, IPC

[2] https://www.bbc.com/news/world-asia-india-45404927.

[3] https://indianexpress.com/article/explained/explained-snippets-legal-drinking-age-mostly-21-25-in-delhi-and-four-other-states-5196264/

[4] https://timesofindia.indiatimes.com/city/thiruvananthapuram/In-Kerala-having-a-3rd-kid-may-invite-penalty/articleshow/3303828.cms

[5]Indian Motor Vehicle Act, 1914

[6] Aircraft Act 1934

[7] https://timesofindia.indiatimes.com/city/jaipur/You-may-land-in-jail-for-negligent-kite-flying/articleshow/50557956.cms

[8] Immoral Traffic (Prevention) Act, 1956 (ITPA)