Moral police

Source: Wikipedia, the free encyclopedia.
For other uses of the term, see Moral policing (disambiguation).

Moral police is an umbrella category of

vigilante groups which act to enforce a code of morality in India.[1][2] Some of India's laws, and some actions of police forces in India are also considered to be instances of moral policing.[3] The target of moral policing is any activity that vigilante groups, the government or police deem to be "immoral" and/or "against Indian culture".[4][5]

Overview

India has several vigilante groups that claim to protect the

art exhibitions to shut down, where they claim obscene paintings were being displayed.[8][9] Right-wing groups have canvassed door-to-door and put up posters against western-style clothing.[10] Some have also condemned beauty parlours.[11] Some members of the media have also colluded with such groups.[7][failed verification] Some politicians have supported such viewpoints and occasionally such activities.[6]

Laws

In India, the Sections 292 to 294 of the Indian Penal Code are used to deal with obscenity. Most of these laws date back to 1860.[12] The Section 292 of the Indian Penal Code deals with sales and distribution of obscene books and other material. It criminalises materials like books and paintings if it is deemed to be "lascivious or appeals to the prurient interest".[13] The Section 292 was amended in 1969 to exclude material that are for public good (like condom ads),[12] scientific material, art and religious figures.[14] Police also use Section 292 of the IPC to file cases against film posters and advertisement hoardings that are deemed to be "obscene".[15]

The Section 293 deals with the sale of obscene material to people under 20.[13] The Section 294 of the Indian Penal Code deals with "obscene acts and songs" and it states that:

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.[16]

There is no proper definition of an obscene act and it is open to interpretation.[16] It is frequently used by the police to justify acts of moral policing.[17]

Immoral Traffic (Prevention) Act, 1956 (also known as Prevention of Immoral Traffic Act or PITA) was originally passed to prevent human trafficking.[18] It allows police to raid hotels if they suspect a sex racket is being run there.[19] Police have used this law to raid hotels and arrest consenting couples.[20]

India's obscenity laws have also been frequently compared to the Hicklin test.[14][21][22] Despite demands to criminalize moral policing, there are no laws, due to which such incidents continue to happen.[23]

Following increasing incidents of moral policing, with complaints against police officers involved in such acts, the Supreme Court of India passed a ruling in December 2022 stating that police officers cannot indulge in any kind of moral policing.[24] Due to a backlash following a raid in August 2015 on a hotel in Mumbai where consenting couples were arrested for indecent behaviour in public, then commissioner Rakesh Maria ordered cops not to use the Section 110 of the Bombay Police Act, 1951 which is an offense of Public Indecency to harass citizens and moral police them.[25]

Valentine's Day

Main article: Valentine's Day in India

Valentine's Day is often opposed by groups like Shiv Sena and the moral police for being a western import.[26] Vigilante groups have been known to attack gift and greeting card shops prior on the occasion.[27] Couples are often beaten up for holding hands or kissing in public.[26]

Shiv Sena leader

Indian culture and that it is attracting youth for commercial gain. Shiv Sena's former leader Bal Thackeray has said that people not wanting violence on the day should not celebrate it.[28] He has also called the festival shameless and contrary to Indian culture.[29] Occasionally, the police also try to restrict these groups but even though their activities flourish 'til the date.[30]

Incidents of moral policing

By vigilante groups, religious organizations and unaffiliated citizens

  • In the early 1990s, an Islamic women's separatist organization called Dukhtaran-e-Millat in Jammu and Kashmir began forcing local women to cover their faces and threatening them with acid attacks.[31][32][33] During the period, they also attacked cinemas, video parlours, beauty parlours and wine shops.[31] In 2005, they attacked hotel bars and restaurants, and destroyed liquor bottles.[33]
  • In 1996, a Hindi magazine Vichar Mimansa published an article titled "M. F. Husain: A Painter or a Butcher?" which contained reprints of paintings M. F. Husain had created in 1975. They depicted various Hindu goddesses in nude or copulating poses. Eight different lawsuits were filed against him.[34] In 2008, the Delhi High Court quashed three cases which had been transferred to it.[35]
  • The 1996
    BJP. One man died in a self-immolation attempt.[36][37][38][39] Among other organizations which had protested the event were: Karnataka Rajya Raitha Sangha and Communist Party of India.[36][40]
  • In 1997, a lawyer named Sabu Thomas from Kerala filed an obscenity case against the author Arundhati Roy, claiming that the 21st chapter of The God of Small Things contains obscene scenes.[41] The book was also criticized by politician E. M. S. Namboodiripad.[42]
  • In May 2005, Nationalist Congress Party (NCP) workers stormed a pub in Pune, Maharashtra, broke window panes, and damaged furniture. The move came days after Pune Police had forced five pubs to shut before the closing time of 12:30 am.[43]
  • In September 2005,
    Dalit Panthers of India, took offence at the statement.[45] They claimed that the comment "denigrates the chastity of Tamil Women" and over 20 lawsuits were filed against the actress in the state of Tamil Nadu. During a hearing in November, protestors hurled eggs, rotten tomatoes and slippers at her car.[46] In April 2010, the Supreme Court of India dropped all 23 defamation cases against her.[47]
  • In September 2005, a fatwa against tennis player Sania Mirza was issued by a cleric named Haseeb-ul-hasan Siddiqui of the Sunni Ulema Board. The fatwa said that her attire on the tennis court and billboard advertisements were un-Islamic.[48] Mirza later decided to hire bodyguards.[49]
  • In September 2005, a court in Rajasthan fined an Israeli couple ₹1,000 for kissing during their wedding ceremony. The couple had decided to get married in a Hindu ceremony at Pushkar Lake. However, the priests were offended when the couple started kissing and hugging during the ceremony, and filed a lawsuit.[50][51]
  • On 14 February 2006, Shiv Sena activists attacked a private celebration of Valentines Day in Mumbai. Shiv Sena leader Bal Thackeray condemned the attack and apologised, making a statement that "It is said that women were beaten up in the Nallasopara incident. If that really happened, then it is a symbol of cowardice. I have always instructed Shiv Sainiks that in any situation women should not be humiliated and harassed."[52]
  • In December 2006, an obscenity case was filed against Rajasthan Chief Minister Vasundhara Raje and Biocon India Chief Kiran Mazumdar-Shaw for allegedly kissing at a public function.[53][54] The lawsuit came after newspapers published the pictures of a cheek-to-cheek air kiss from a peculiar angle.[55]
  • 2008 Imphal bombing: In October 2008, an explosion occurred at Ragailong, a tribal village near Imphal where people had gathered to play a traditional gambling game. Seventeen people were killed, and many more injured, in the blast. The Kangleipak Communist Party (Military Council) claimed responsibility for the blast, stating they wanted to stop the game because it "affects Manipuri culture adversely".[56]
  • 2009 Mangalore pub attack: On 24 January 2009, members of the Sri Ram Sena barged into the pub "Amnesia – The Lounge" in Mangalore, Karnataka, and beat up a group of young women and men, claiming the women should not be drinking in a public place.[57]
  • In December 2011, Vinay Rai, the editor of a Delhi-based Urdu daily called Akbari, filed an obscenity case against 21 websites including
    Yahoo and Google, for allegedly distributing obscene material. The companies appealed the Delhi High Court to drop the case, but the Delhi HC on 13 January allowed the case to proceed.[58]
  • 2012 Mangalore homestay attack: On 28 July 2012, activists belonging to the Hindu Jagarana Vedike attacked a birthday party at an unlicensed homestay in Mangalore, Karnataka. The 12 people at the party, including 5 girls, were allegedly beaten, stripped and molested. The faces of some girls were blackened. The activists claimed the youngsters were consuming alcohol and were involved in "some indecent activities".[59]
  • In February 2013, three girls who were members of a rock band in Jammu and Kashmir began receiving threats and hate messages on the internet. Later, the Grand Mufti of Kashmir, Bashir-ud-din Farooqi, issued a fatwa against them, asking them to stop such immoral activities.[60] Ayaz Akbar, the spokesperson of All Parties Hurriyat Conference said that western culture had no place in the Kashmir valley,[60] and Dukhtaran-e-Millat also supported the fatwa.[61] Later, the girls shut down the band.[62]
  • On 23 October 2014, a restaurant in Kozhikode was attacked and vandalised. The attackers claimed that eatery was facilitating immoral activities.[63] The attack came after a local Malayalam-language TV channel broadcast a report claiming that some coffee shops and restaurants in Kozhikode had become centres of "immoral activities".[64]
  • On 14 July 2015, a
    Madhyamam Daily journalist and her husband were attacked by a group at her office. They did not accept that they were married. The police arrived before the incident escalated. Later, a Communist Party of India (Marxist) leader was arrested for leading the attack.[65][66]
  • In 2016, a Mumbai-based live-in couple committed suicide after their family opposed their marriage in Andheri east area of the city.[67] This was one of the few instances where couples cohabitating faced moral policing for bringing dishonor to the family.[68]
  • On March 8, 2017 Moral policing happened in marine drive Kochi against the kiss of love activists. As the ‘moral police’ unleashed attack on a few couples who were reluctant to disperse, about 20 other couples present at the spot fled in scare. ‘‘Some of the couples were seen pleading to let them go. But the group abused some of the females and cane-charged them,’’ said an eyewitness.[69]
  • On February 19, 2020 a man was attacked in Kochi by three people while he was riding on a motorcycle with his wife. The three people hit the man and he became unconscious. Police later arrested three of the culprits.[70]

By police

  • In October 1993,
    girlie magazines. The publishers of Debonair issued a letter to retailers declaring that their magazine was not banned. They petitioned Bombay High Court against seizures of its issues. Another magazine, Chastity, delayed its November issue until it could acquire legal support against seizures.[71]
  • In September 2000, Mumbai Police banned kissing in the Marine Drive area. They cited the Section of 110 Mumbai Police Act, 1951 which allows the police to interfere in "disorderly behaviour." The decree was later withdrawn after protests.[72]
  • In September 2005, the license of a Chennai night club was suspended by the police, after photographs of some couples kissing were published by two newspapers, Tamil Murasu and Dinamalar. The reason for the license suspension was given that the club served alcohol after midnight.[73] Following the incident, several clubs and bars in the city banned cellphones with cameras.[74]
  • On 19 December 2005, police personnel raided a public park in
    folklore) and it was claimed by the police that the purpose was to check sexual harassment.[3][75]
  • In November 2006, police raided a trance music festival in Ramgarh near Jaipur after local complained about alcohol, drug and sex. They also said that the laser lights at the venue were disturbing the local wildlife.[50][76]
  • In September 2008, a policeman in Delhi filed a case of obscenity against a married couple for kissing in the Dwarka court complex. The couple appealed in the Delhi High Court. The Court noted that even though the charge-sheet claimed that the case was filed because the passerby were feeling bad, no one was mentioned by name. The Court said that kissing in public by married couples cannot be termed obscene.[77][78] The Court passed its verdict on 25 May 2009 and asked the police to drop the case against the couple. The police was asked to pay ₹5,000 to both husband and wife.[79]
  • In January 2008, the police from D.N. Nagar of Mumbai arrested a Belgian fashion photographer named Vandelanotte Gaetan for taking nude pictures of two Indian models, Tushar Narvekar and Nitin Gupta.[80] A court discharged him in March 2009 saying a laptop is akin to a personal diary and photos stored on it cannot be used as evidence of obscenity.[81]
  • In August 2008, 22 customs officers were arrested from a party at a bungalow near
    Lonavla. They were allegedly watching porn on a laptop and were undressed. The police also arrested 10 girls and a husband-wife duo.[82] The Mumbai High Court dropped the case in September 2010 stating watching pornography in a private residence is not an offence.[83]
  • On 29 November 2011, the
    Ghaziabad police launched its own "Operation Majnu". The police caught couples in parks and made the men do sit-ups in front of TV cameras. The head of the operation an officer called Alka Pandey said it was to prevent "innocent girls being trapped by boys with evil motives".[84]
  • In 2012, Assistant Police Commissioner Vasant Dhoble carried out a series of raids on bars and clubs in and around Mumbai, claiming to rescue prostitutes.[85] In one instance, he labelled four German women wrongly as sex workers in front of cameras when he arrested them on 30 March 2014 from the Voodoo pub.[86] On 5 June 2012, Dhoble raided Masala Curry restaurant after he felt suspicious of women being allowed free entry.[87] Two cousins who were picked up in the raid later filed a defamation case against Dhoble.[88]
  • On 10 August 2013,
    Ghaziabad police raided a hotel on a tip-off and detained 56 adult couples. It was later found out of them, 52 couples were married or consenting friends. The police had carried out the raid after locals noticed usual traffic to the hotel and told the police.[20][89]
  • Following the gang rape of a photojournalist in Mumbai in August 2013, Mumbai Police Commissioner Satyapal Singh was severely criticized by the public for defending moral policing.[90] The Commissioner was quoted to have said, "On the one hand you want to have a promiscuous culture and on the other hand you want a safe and secure environment for the people."[91]
  • Hyderabad Police raided a gay party at a club in the city on 3 September 2013. The police defended that raid under the Sector 294 of IPC that it was obscenity in a public place and that bar was serving alcohol after closing time.[92] LGBT activists denounced the raid as "a classic example of moral policing" and discrimination against the LGBT community.[93]
  • On 14 February 2014, the police in
    Gokarna attacked a party of about 200 foreigners with sticks. The police claimed that the party was going on after established time limit.[94] The victims alleged that initially the police had demanded bribes to let the party continue, but attacked them after they refused. A petition was sent to various embassies to interfere in the matter.[95]
  • On 6 August 2015, Malwani police in Mumbai, raided hotels and guest houses near Aksa Beach and Madh Island, and detained about 40 couples. Most of them were consenting couples in private rooms, but they were charged under Section 110 (Indecent behaviour in public) of the Bombay Police Act and fined ₹1,200 (US$15).[96] Only three cases were filed under Prevention of Immoral Traffic Act. Following a backlash and criticism, Mumbai Police Commissioner Rakesh Maria order an inquiry into the raids.[97]
  • In 2017, Chief Minister Yogi Adityanath started the anti-romeo squads in the department for safety of women and young girls from sexual harassment and eve-teasing. However, the squads were found to be involved in acts of moral policing, harassment of couples, as well as extortion.[98] Due to such incidents, the Police force and the Government came under fire from media for such incidents of moral policing, as well as misuse of authority, eventually demanding that the squads be disbanded.[99]
  • In 2021, Chennai Police intervened in a case regarding a lesbian couple, who willingly fled their houses fearing interrogation and harassment.[100] The couple approached the Madras High Court; the verdict passed by judge N Anand Venkatesh ruled in their favor, ruling the need to reform and introduce a specific clause while dealing with same sex couples.[101] Furthermore, in the interim ruling, Judge Venkatesh prohibited Conversion Therapy, besides suggesting comprehensive measures to sensitize the society and remove prejudices against the LGBTQIA+ community.[102]

By the Central and state governments

Central Board of Film Certification

Main articles: Central Board of Film Certification and List of films banned in India

The Central Board of Film Certification (CBFC) or the Censor Board, which is tasked with regulating the public exhibition of films under the provisions of the "Cinematograph Act, 1952", has been accused of moral policing by some filmmakers. Director Anurag Kashyap has argued that it is infeasible to have a single body for a large and diverse country like India.[103] Director Prakash Jha has pointed out that even if a film is certified by the Board, it is often not allowed a release in some states due to protests from local political parties or moral police. He has also said that the Board should be scrapped and each film-maker should simply state the type of content in the film because the society is mature enough to understand it.[104] Sudhir Mishra has noted that censor committees have been influenced to giving films lighter ratings.[104]

The former chief of the Censor Board, Sharmila Tagore, has defended the body saying that it does not carried out moral policing.[105] In August 2014, then chief of the Censor Board, Rakesh Kumar, was arrested for allegedly delaying certifications to films and demanding bribes to speed up the process.[106]

Restrictions on night life and alcohol

See also:
Prohibition in India

Throughout India, restrictions have been place by some state governments on timings for pubs, bars and other establishments that sell liquor.[107]

  • The 2005 ban on dance bars in Maharashtra was considered to be an act of moral policing. Prior to the ban, the state government had claimed that the bars had a "corrupting influence on youth and compromised the moral standards of local men". As a result of the ban thousands of women employed by the 750 bars in the state lost their jobs and many were forced into prostitution.[107] In June 2011, the state raised the legal age of drinking to 25, from previous 21.[108] Furthermore, an old law called "Bombay Prohibition of Foreign Liquor Act, 1949", mandates anyone seeking to buy, possess or consume alcohol to obtain a special permit.[109]
  • The state of
    Freedom of Expression.[110] This law had been used by the local police to ban dancing in bars and clubs, especially in Bangalore.[111]

Opposition to sex education in schools

The Adolescence Education Programme (AEP) was a

Ministry of Human Resource Development (India) and National AIDS Control Organisation (NACO) to implement the policies of the National AIDS Control Programme II (NACP II).[112] However, it faced opposition in various states, including Gujarat, Madhya Pradesh, Maharashtra, Karnataka, and Rajasthan.[113]

  • In February 2007, Gujarat government in a press release stated that it would not be introducing sex education in the state. It stated that the books suggested in the program by the Central government were inappropriate for children.[114] However, in April 2010, it reintroduced sex education in a diluted form.[115]
  • In March 2007, Maharashtra government banned sex education in schools.[116] The ban came after the ruling and opposition Members of the Legislative Assembly protested in the state assembly claiming that western countries had forced the Central government to implement the program.[117]
  • In April 2007, the Karnataka Minister for Primary and Secondary Education Basavaraj Horatti said that the program has been put on hold after complaints from teachers. The teachers had complained that the books was oriented towards increasing the sales of condoms, and that the illustrations were against Indian culture and sexually provocative.[118]
  • In May 2007,
    Indian culture.[119]
  • In May 2007,
    life skills course called Jeevan Shaili, and sex education will have a negative impact on young minds.[120]

Others

Accusations of obscenity against actors and film-makers

Other

Protests against moral policing

In 2009, following the

Pink chaddi campaign". The movement requested people to mail pink underwear to Pramod Muthalik the leader of Sri Ram Sena which was behind the attacks. About 34,000 people participated.[175]

In the state of Kerala, a public hugging and kissing campaign by name 'Kiss of Love' was launched in protest against moral policing on 2 November 2014.[176] Similar events were later organized in Delhi,[177] Kolkata,[178] and various other cities.

See also

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