Lecturer in Jotirmoy School Of LAW
What an ordinary prudent man will understand by the word “LAW”? It is very normal to think about LAW as the guiding rules of the behavior which though, rigid are also reasonable by the nature. But sometimes LAW is so humorous , whimsical and peculiar that an ordinary prudent man may bound to think it not as “Strict guiding rules of behavior ” but “peculiar rules of behavior”.
There are some peculiar amusing and funny LAWS around the world
• In Bozeman , Montana law prohibits on sexual activity from the front yard of the home after sundown
• IN Oklahona can be arrested for making ugly faces at a dog.
(What if it’s an ugly dog?)
• In New York, the penalty for jumping off a building is death.
• In California it is illegal to set up a mouse trap without hunting license
• In Soma it is crime to forget wife’s birthday
India there are also some funny peculiar and whimsical LAWS. In India if a person is engaged in doing a unlawful act and there by causes death of another person by pure accident and without having any intention to cause death he will suffer only the punishment for his unlawful act not for causing death(1).
The constitution of India has guaranteed the right to life(2) but there is no right to die even under unbearable circumstances(3). I am not going to argue for voluntary and involuntary euthanasia but for passive euthanasia .
There also instances of peculiarity in civil LAW in India . According to the property law of land “Corporial Property” means and includes tangible property which can be divided into movable and in movable . But sometimes intangible movable property like negotiable instruments , securities may come within the preview of corporeal property.
In conclusion it may be stated that though “LAW takes its own course ” sometimes the “course is very peculiar funny and whimsical.” That why LAW becomes ambiguous and contradictory in nature. Judiciary is also facing many challenges while enforcing ” judicial activism”. Provisions of LAW should be drafted with an intention of regulating the conduct of the people residing in the society and to give proper remedy to aggrieved parties. Otherwise great difficulty may faced by judiciary in interpreting the provisions of ambiguous and funny laws. LAW should be “the LAW in the strict sense not in peculiar sense.”
(1)Section 299 of IPC ,1860
(2)Article 21 of the constitution of India
(3)Section 306 of IPC ,1860