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WIERDEST LAWS OF INDIA

By Vaibhav Luthra July 18, 2016


1.  ADULTERY

The section provides expressly that a wife can not be prosecuted even as an abettor in case of Adultery. According to a decision of the Supreme Court bench of Justices Aftab Alam and R. M. Lodha said “ Section 497 of Indian Penal Code (Adultery) is under criticism for showing strong gender bias, for making the position of a married women almost as a property of her husband over which the other man has trespassed. From the terms of the Section it is clears that only a man can be prosecuted and punished for adultery. The mere fact that the appellant is a woman makes her completely free from the charge of Adultery; she cannot be proceeded against as shown by even from the plain reading of section 497….”.So what is the remedy available to the husband in such situations against his wife? In Hindu law, the only remedy available to the husband against his wife is that he can file a petition for divorce, making adultery as a ground under section – 13(1) of the Hindu Marriage Act, 1955.

 

2.  KERALA WOMEN’S CODE BILL, 2011

Now, a person can be imprisoned for impregnating his own wife and also could be branded as ‘legally disqualified person.’ According to the Commission on Rights and Welfare of Women and Children of the State, nothing less than a fine of Rs 10,000 or three months simple imprisonment deserved to be slapped on the expectant father of a third child. This is made to encourage population planning in the state. But, we can see that it would rather seem to be a threat to the parents not to procreate a third child and thus, violates their Fundamental Right and should be unconstitutional.

           

3. AIRCRAFT ACT, 1934 

Under this Act, the government controls the manufacture, possession, operation, use, sale of the aircraft. The term ‘Aircraft’ includes – gliders, kites, and balloons, whether fixed or free. So, one should seek the permission of police before flying a kite or you must be careful while decorating your house and entry gate of your home on your children’s birthday party as police can come and you can be imprisoned. Actual inflation is not necessary; you could be booked even when there is no actual inflation of the balloon. So, be careful while even purchasing balloons from the shopkeeper as it could land both you and the shopkeeper into jail. Hahaha… isn’t it ridiculous? But unfortunately it is still prevailing in the country.

 

4.  THE EAST PUNJAB AGRICULTURAL PESTS DISEASES AND NOXIOUS WEEDS ACT, 1949  

It states that if you live in Haryana and there is locust infestation, then you could be called anytime to beat drums on the streets and if you deny, then you could be fined or booked for at least 10 days in jail. Isn’t it unconstitutional?

 

5.  THE TELEGRAPH WIRES (UNLAWFUL POSSESSIONS) ACT, 1950

It states that nobody can possess telegraph wires. The controversial feature is that the Telegraphs were itself stopped by the government in 2013. So, who is now going to hold Telegraph wires?

 

6.  SECTION 294 OF INDIAN PENAL CODE, 1860

It calls for prohibition of obscenity but the question is where is obscenity defined under the act? Nowhere, instead I want to ask, have you ever been caught by the police and booked for obscenity even when you were merely talking to your girlfriend or boyfriend on 14th Feb? If the answer is.. Yes, then I must say you could do nothing about it as our legislature has given unjust powers to the police over the issue.

 

7.  SECTION 377 OF INDIAN PENAL CODE, 1860

It defines sex between homosexuals as unnatural offences. In the current era, when about 20 developed nations including Canada, South Africa, Netherlands and Finland etc. .... have approved the marriages between same sexes as legal. India has still not decided the issue and the S. 377 is to be said as unconstitutional and discriminatory by LGBT section of the society.

 

8.  LABOUR LAWS

Some of the labor laws having penalty in paisa on doing a wrongful act are still prevailing in a time where the value of currency is increasing decade - by-   decade and dealing is done in rupees and not in paisa.

    

9.  LEGAL DRINKING AGE

In Maharashtra the legal drinking age is 25 years. What it looks like when we say that a man get matured enough to vote, to drive a vehicle or to go abroad at 18 years of his age but still immature to consume alcohol.

 

10.  LEGAL AGE FOR MARRIAGE

On the same lines of age bar, the legal age of a man for marriage is at least 21 years. So, he get matured enough to go abroad, cast vote, to drive a car at 18 years of age but still young to get married.

 

11.  ATTEMPT TO COMMIT SUICIDE, SECTION 309 OF INDIAN PENAL    CODE, 1860

So, how you see a person after losing his job, all of his capital in the market, separated from his wife and children, already stressed out from life attempted to commit a suicide but even here he failed to do it and landed into hospital. Should we pray for him or send to jail for a failure of not committing suicide properly? Well he can be booked under section 309 of Indian Penal Code, 1860 for such a failure.

 

SOURCES:

1.  https://www.quora.com/What-are-some-strange-laws-still-enforced-in-India

2. http://www.mensxp.com/special-features/republic-day/21679-most-ridiculous-indian-laws-that-need-to-change.html          

Tags: Adultery , kerala women's code bill , Aircraft Act , East Punjab Agricultural Pests , Telegraph Act , Obscenity , Homosexuals , labour laws , Legal drinking age , legal age for marriage , Suicide Attempt


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