WHY IN NEWS?
Karnataka, Mangalore City police commissioner N Shashi Kumar said the occurrence took place 6 months ago in a private flat. The students put the video on WhatsApp 7 days ago, which turned viral other people cheering the couple, as there was lip-lock kissing competition going on according to preliminary reports. The boy who made the video has been detained for interrogation. The college authorities warned and suspended students. Neither authorities nor family members had lodged any complaint to the police.
Police will verify whether the student has used drugs or not.
PREVIOUS INCIDENTS
1. Guardians Of 2 students, expelled by Shibpur BE College Model School in Howrah, Bengal not long ago, appealed to the college to re-admit their pupil, but the authorities refused their plea.
2. The two were among 6th class 9 students who were expelled for kissing in a classroom.
3. In 2007, two High Schools in Mumbai banned pupils from kissing and touching, and holding hands, and in-campus and warned them against this and shall face disciplinary action whenever caught.
WHY IS PUBLIC DISPLAY OF AFFECTION AN ISSUE IN INDIA?
“Public display of affection is an act that displays a person’s affection for another person which could be either verbally or physically.”
India has always been a country of great values, morals, and traditions. India is a modern country but when PDA hits, most Indians don’t seem to be happy about it.
India’s developing country consistently adopts the Western culture but when it comes to PDA, they strongly choose to protect against it whenever possible. Act of “Public Display of Affection” when seen in the eyes of society become “Sexually Proactive Behavior”
Featured Image: Flickr
LEGAL PROVISIONS RELATED TO PDA
“Under section 294 of the Indian penal code causing annoyance to others through “Obscene Acts” is a criminal offense with a punishment of imprisonment up to three months or fine or both.
1. Section 110 of the Bombay Police Act 1951 says Charges can be filed against the couple if they are found being cozy and intimate in public places.
2. Section 68 of Kolkata Police Act 1866, says if a couple is found indulging in any activity that includes sexual connotation then they can be sued for performing an offense under the “Obscenity Act”
3. Delhi Police Act 1978, If a couple is caught being it made or being caused in the public places then they are charged to Rs.50 however it is rarely implemented, and the police take undue advantage of the same by imploring for bribes.
WHY OPPOSITION ?
Section 294 of IPC: Obscene acts and songs.—Whoever, to the annoyance of others—
(a) does any obscene act in any public place, or
(b) sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Only speaks about the obscene act but now that it has sketched a catalog of obscene acts so the meaning of obesity is obscure.
Under the constitutional mandate of Article 19 which guarantees freedom of speech and expression, it could be set that the act of kissing is not something that could be brought within a preview of an obscene act. In order to provide judicial strength to the same the recent judgment of the apex court which declared the right to privacy as an absolute fundamental right can be taken into consideration. Hugging and kissing in the public is Taboo however same-sex physical contact is allowed.
SUPREME COURT INTERVENTION
“Udeshi V. State of Maharashtra, 1965,” the Supreme Court observed that the Indian Penal Code does not define the term “obscene” so it will be challenging to say whether it is a crime in accordance with the Indian Penal Code.
“A & B v. State Thr. N.C.T of Delhi 2009” and “Friday v. K.J Sabastian 2001” held that Indian Judiciary at the higher level has not universally treated kissing in public as illegal. In suitable context fell out variously by judgment it has been seen as an expression of love and compassion and its artistic representation as defensible.
CONCLUSION
The schools informed by saying that these acts which are increasingly being shown by the local entertainment industry and imitated by the students were contrary to traditional Indian values. Kissing in public is fine until it does not cross the limits of decency or morality laid by the law, and does not become a nuisance so as to incite public annoyance.
Featured Image: iStock
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