Cecily Zamora
India has the longest written constitution in the world, and with that comes a plethora of laws. While some of these laws are important and relevant, others are considered strange, outdated, and unjust. From bizarre restrictions on flying kites and having good oral hygiene to more serious issues like gender bias and restrictions on freedom of speech, India's legal system has often been criticised for having some of the dumbest laws. This statement is, of course, subjective and open to interpretation, but it reflects a common sentiment among those who feel that certain laws in India are outdated or infringe on personal freedoms.
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What You'll Learn
Gender-biased adultery laws
India's adultery laws have historically been gender-biased, favouring men over women. Under Section 497 of the Indian Penal Code, a man who had consensual sexual intercourse with the wife of another man without that husband's consent could be punished with up to five years imprisonment, a fine, or both. However, the wife was exempt from punishment, and there were no penalties if a married man had sexual intercourse with an unmarried woman. This law was introduced in 1860 during British rule and was based on the assumption that a woman is considered the property of her husband and cannot have relations outside of marriage.
The gender-biased nature of the adultery law in India has been a subject of debate and criticism. Opponents of the law argue that it violates the right to privacy and the liberty of women by discriminating against married women and perpetuating gender stereotypes. On September 27, 2018, a five-judge bench of the Supreme Court of India unanimously struck down Section 497, deeming it unconstitutional and violative of Articles 14.
Despite the decriminalisation of adultery, there have been recent efforts to reintroduce it as a criminal offence in India. In 2023, the Parliamentary Standing Committee on Home Affairs recommended the criminalisation of adultery but on gender-neutral lines. The Committee's report acknowledged the need to protect the institution of marriage while making both men and women equally culpable under the law. The proposed change aims to address the previous law's deficiency, which reduced the married woman to the property of her husband.
While the debate around adultery laws in India continues to evolve, the initial decriminalisation by the Supreme Court represents a significant step towards recognising the gender-biased nature of the previous legislation and ensuring equal rights for women.
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Prohibition on women working in factories at night
India's Factories Act of 1948 prohibits women from working in factories between 7 pm and 6 am. However, the Act allows states to vary these hours, provided women are not employed between 10 pm and 5 am. No Indian state allows women complete freedom to work in factories at night. While some states, such as Karnataka, Kerala, Tamil Nadu, and Uttar Pradesh, grant women the most freedom to work at night, others, like Odisha and Telangana, impose the greatest restrictions on women's night employment.
The justification for these prohibitions is to protect women from physical dangers and exploitation and to preserve 'the vigour of the race'. However, critics argue that these restrictions are discriminatory and deny women equal opportunities in the workplace. For instance, in 1999, the Madras High Court ruled that Section 66(1)(b) of the Factories Act was unconstitutional, as it violated women's fundamental rights to livelihood and equality. Similarly, a woman named Leela contested that she was denied a promotion because Section 66(1)(b) prohibited her from working the night shift.
To address these concerns, multiple states have issued notifications to enable women to work night shifts. These notifications outline specific conditions, such as obtaining written consent from female employees and providing transportation with security measures. Additionally, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("PoSH Act"), mandates that employers take steps to prevent sexual harassment, maintain a complaint mechanism, and ensure female employees are aware of their rights.
Despite these efforts, the prohibition on women working night shifts in factories remains a contentious issue in India, highlighting the ongoing struggle to balance safety concerns with equal employment opportunities for women.
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Archaic aircraft and transport laws
India has a prominent role in the civil aviation market, with a vast fleet of aircraft. The nation has about 450 airports and 1091 registered aircraft. In addition to the three public sector airlines, two private operators also function in India. There are also 41 non-scheduled air transport providers.
The Ministry of Civil Aviation (MoCA) is the principal body responsible for the formulation of policy and regulation of civil aviation in India. It oversees the planning and implementation of schemes for the growth and expansion of civil air transport, airport facilities, air traffic services, and the carriage of passengers and goods by air. The Directorate General of Civil Aviation (DGCA) enforces civil aviation regulations and regulates air transport services, air safety, and airworthiness standards.
While India's aviation industry is well-regulated, some laws may be considered archaic. For example, the Indian Aircraft Act was established in 1934, and some of its provisions may be outdated. Additionally, there are various requirements for leasing an aircraft, such as compliance with the Aircraft Leasing Manual (CAP 3200) issued by the DGCA, taxation laws, contract laws, foreign exchange laws, and stamp duty laws. These laws can be complex and time-consuming to navigate.
Furthermore, India's laws regarding unruly passengers on aircraft may be considered outdated. Indian law defines a disruptive passenger as someone who jeopardizes or might jeopardize the safety of the aircraft, persons aboard, or property therein. While this definition is essential for maintaining safety and order, it may need to be updated to address the rising number of incidents involving unruly passengers.
In conclusion, while India has a well-developed aviation industry with comprehensive regulations, some laws may be considered archaic. Updating and modernizing these laws could help improve the efficiency and effectiveness of the industry while also enhancing safety and passenger experience.
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Misogynistic marital rape and paternity laws
India is one of the few countries that has not criminalised marital rape, with Section 375 of the Indian Penal Code stating that "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape". This law is based on the patriarchal notion that a woman consents to sexual intercourse upon entering matrimony. The Indian Supreme Court has also opined that existing laws on sexual and domestic violence are sufficient to protect married women, suggesting that a separate law on marital rape is unnecessary. However, this stance has been criticised for depriving women of equal protection under the law, infringing on their right to bodily autonomy and sexual integrity, and perpetuating a sanctioned hierarchy of oppression that undermines married women's constitutional rights.
In recent years, there have been court rulings and petitions challenging the marital rape exemption. Feminists and human rights advocates have called for legal reform to recognise bodily autonomy, sexual agency, and consent within marriage. On the other side, traditionalists, right-wing groups, and men's rights activists argue that consent is inherent within marriage and that legal intervention would harm the sanctity of the marital bond. Despite recommendations by the Justice Verma Committee in 2013 to repeal the exemption, it has been retained. The government has argued that criminalising marital rape would be "excessively harsh" and could destabilise marriages.
The National Family Health Survey found that between 2019 and 2021, 32% of married women experienced physical, sexual, or emotional violence by their current husbands, and 82% of married women aged 18-49 who experienced sexual violence reported their current husbands as the perpetrators. However, it is important to note that sexual assault cases often go unreported in India, indicating that the prevalence of sexual violence may be higher than reported. The lack of legal protection for married women in India underscores a gap in addressing the spectrum of women's rights within marriage.
In terms of paternity laws, the Indian Supreme Court has been criticised for undermining the right of husbands to clear themselves from wrongful paternity obligations. The Court has ruled that husbands must accept paternity of a child born from their wife's adultery, even if DNA evidence proves otherwise. This ruling has been criticised for enabling women to commit paternity fraud and leaving men with no legal remedy. There have been calls to amend Section 112 of the Indian Evidence Act to allow DNA testing in cases of disputed paternity, recognising paternity fraud as a legal offence, and ensuring equal rights for men in family law.
The issues of marital rape and paternity laws in India highlight the complex dynamics between traditional societal values and the need to protect the rights and well-being of individuals, particularly women, within the institution of marriage. While there are competing perspectives on these issues, the lack of legal protection for married women in India underscores the urgent need for reform to address the complete spectrum of women's rights and ensure their safety and autonomy.
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Ineffective hate speech laws
India prohibits hate speech through various sections of the Indian Penal Code, the Code of Criminal Procedure, and other laws that limit freedom of expression. The laws aim to prevent discord among India's diverse ethnic and religious communities. For instance, Section 153A of the Indian Penal Code prohibits citizens from creating disharmony or feelings of enmity, hatred, or ill will between different groups.
Despite these laws, hate speech remains prevalent in India, with social media and television channels contributing to its rise. Politicians and public figures have been accused of using these platforms to disseminate hate speech and gain media attention. As of 2024, the United States-based think tank India Hate Lab (IHL) reported a 74% surge in hate speech cases, with religious minorities, especially Muslims and Christians, being the primary targets.
The Indian judiciary has been reluctant to impose restrictions on free speech, often failing to act on hate speech cases. Law enforcement agencies have faced criticism for their inability to effectively investigate and prosecute these cases. While the Law Commission of India recommended criminalizing hate speech in 2017, legal experts worry that these amendments could be misused to curb legitimate speech.
The Indian Supreme Court has also addressed hate speech, urging the Law Commission to act and warning the government of contempt proceedings if it fails to take action against perpetrators. However, the court has also dismissed petitions seeking its intervention in curbing hate speeches, highlighting the complex nature of balancing free speech and the need to address harmful hate speech.
To effectively combat hate speech, India needs to strengthen its laws, promote media literacy, foster ethical conduct among those in power, and encourage civil society engagement to create a culture of tolerance and respect.
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Frequently asked questions
India has a large population, which means that more people are looking for jobs. However, some laws make it difficult for people to get certain jobs. For example, to become a motor vehicle inspector in Andhra Pradesh, one must have good teeth.
Here are some examples of strange laws in India:
- The Indian Treasure Trove Act of 1878 states that if someone chances upon unclaimed money amounting to more than Rs..., it does not belong to them.
- The Indian Aircraft Act of 1934 considers a kite an aircraft, and one must obtain a permit to fly it.
- Section 497 defines adultery as a man having sexual intercourse with a married woman without her husband's consent, with the man being liable and the woman not accountable.
- The legal drinking age varies from state to state, and some states are absolute dry states with a ban on drinking for all ages.
Some laws in India infringe on the fundamental rights of individuals. For example, women are not permitted to work in factories at night, which limits their job opportunities and goes against today's society's advocacy for equal opportunities for both genders.
Some strange laws in India that may no longer be relevant include:
- The Indian Telegraph Act, introduced by the British government to curb rebellion, is no longer necessary due to the advent of the internet and social media.
- The Land Acquisition Act, which gives the government permission to deprive landlords of large tracts of their land for government use, is sometimes misused for private projects disguised as public ones.
- The Young Person Act of 1956, intended to curb the distribution of harmful publications to young people, is occasionally used to harass business people.
