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Advocate Aayush Tiwari –
So, dear Didos and Dudus, Laila and Majnus, Romoes specially and Juliets more specifically, BEWARE OF THE COPS. Time for some fun, hmm? Hault! Kissing, considered a display of affection, has deep cultural and historical significance in Indian society. However, due to various cultural norms and conservative values, public displays of affection, including kissing, remain a sensitive topic. With tribute too profound for Mr Emran Hashmi this legal dopamin shot will examine the legal provisions within India that regulate public kissing and analyze their implications.
So Section 294 of the Indian Penal Code (IPC) deals with obscene acts and songs which are considered to be offensive to public decency. While the provision does not explicitly mention kissing, it can be invoked to regulate public displays of affection, including kissing, if deemed obscene or offensive to public decency.
Then comes the public nuisance IPC SECTION 268 and keep it in mind as many old grannies with jaw dropping frown hate it. What to say about the guys having witnessed that that is goes on in that park? Their hands go down below the belt and the consequent pp and down motion creates white lotion. Isn’t it?
Under the Indian legal system, acts that are considered a public nuisance, disturbing the public order or causing annoyance or inconvenience to others, can be punishable under various legal provisions. Public kissing, in particular, can be seen as a disturbance of public order or a cause of annoyance to others.
Now comes the feminism, liberty, women empowerment along with those chicks shouting for this right that right under Indecent Representation of Women (Prohibition) Act, 1986: This Act prohibits the portrayal of women in an indecent or derogatory manner. Though not explicitly focused on actions such as kissing in public, it can be used to prosecute public displays of affection if they are considered to demean or degrade women.
Several states in India, including Maharashtra, Goa, and Karnataka, have enacted laws that restrict public kissing. For instance, under the Bombay Police Act, 1951, the Maharashtra government has prohibited obscene acts in public spaces, including kisses.
While the legal provisions mentioned above attempt to regulate public displays of affection and kissing, they also raise concerns about individual freedom and expression. The interpretation and implementation of such provisions depend heavily on cultural and societal norms, leaving ample room for subjectivity and potential misuse.
Critics argue that criminalizing public kissing infringes upon personal liberties and runs counter to the principles of a democratic society. The subjective determination of what constitutes obscenity or offensiveness potentially leads to selective enforcement and violation of the rights to privacy and freedom of expression.
The legal provisions against public kissing in India, such as Section 294 IPC and state-specific laws, attempt to regulate public displays of affection. While these provisions ostensibly aim to protect public order and decency, they also raise concerns regarding individual freedom, privacy, and the potential for selective enforcement. Striking a balance between societal sensitivities and individual rights remains a delicate task for the Indian legal system. As Indian society evolves, it is essential to reassess these provisions to ensure they uphold fundamental rights and capture the nuances of personal liberty and consent.
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