Moral police

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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]

Contents

Overview

India has several vigilante groups that claim to protect the Indian culture. They resist and oppose cultural concepts that they deem to have been imported from the Western culture. [6] They have been known to attack bars and pubs. [7] Some of these groups have attacked or have forced 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

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 Uddhav Thackeray has called it an attack of the west on 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

By police

By the Central and state governments

Central Board of Film Certification

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. [104] 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. [105] Sudhir Mishra has noted that censor committees have been influenced to giving films lighter ratings. [105]

The former chief of the Censor Board, Sharmila Tagore, has defended the body saying that it does not carried out moral policing. [106] 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. [107]

Restrictions on night life and alcohol

Throughout India, restrictions have been place by some state governments on timings for pubs, bars and other establishments that sell liquor. [108]

  • 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. [108] In June 2011, the state raised the legal age of drinking to 25, from previous 21. [109] 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. [110]
  • The state of Karnataka has a law dating back to 1967, called Rule 11(1) of the "Karnataka Excise Licences Rules of 1967", which prohibits dancing in establishments which serve alcohol. In July 2014, the Karnataka High Court asked the government of amend the law, stating that it was unconstitutional as it violated the Freedom of Expression. [111] This law had been used by the local police to ban dancing in bars and clubs, especially in Bangalore. [112]

Opposition to sex education in schools

The Adolescence Education Programme (AEP) was a sex education program designed by the 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). [113] However, it faced opposition in various states, including Gujarat, Madhya Pradesh, Maharashtra, Karnataka, and Rajasthan. [114]

  • 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. [115] However, in April 2010, it reintroduced sex education in a diluted form. [116]
  • In March 2007, Maharashtra government banned sex education in schools. [117] 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. [118]
  • 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. [119]
  • In May 2007, Madhya Pradesh Chief Minister Shivraj Singh Chouhan banned sex education in schools claiming that sex education has no place in Indian culture. [120]
  • In May 2007, Rajasthan Chief Minister Vasundhara Raje wrote a letter to Arjun Singh, then Union Minister of Human Resource Development. In the letter, she stated that children in Class IX and XI, at whom the course was directed, do not require sex education as they are in the early stages of puberty. The state Education Minister Ghansyam Tiwari stated that they already had a life skills course called Jeevan Shaili, and sex education will have a negative impact on young minds. [121]

Others

  • In 1996, it was announced by a Chandigarh-based company Global Internet Ltd. that an adult entertainment pay channel [122] called Plus 21 would be launched in India. In response to this, the National Commission for Women (NCW) filed a lawsuit in the Delhi High Court. [123] NCW claimed that it was performing its stipulated functions of protecting the interests of women and preventing culture shock to viewers. NCW was represented by notable feminist lawyer Indira Jaising. NCW claimed that channel would be showing pornography which would violate Indecent Representation of Women (Prohibition) Act 1986. The argument also cited the Indian Telegraph Act, 1885. [122] The High Court put an injunction against the launch of the channel. [124]
  • In the 2001, the Information and Broadcasting ministry banned two television channels TB6 and Fashion TV. [125] [126]
  • In December 2000, after Priyanka Chopra was crowned Miss World, beauty contests were banned in her home state of Uttar Pradesh under the orders of then Chief Minister Rajnath Singh. He claimed that beauty contests were against traditional culture and were vulgar. Akhil Bharatiya Vidyarthi Parishad praised the ban. [127] [128]
  • In 2003, Union Information and Broadcasting Minister Sushma Swaraj removed condom ads, funded by National AIDS Control Organisation (NACO), from public broadcasting channel Doordarshan. [129]
  • In January 2007, the Information and Broadcasting ministry banned the TV channel AXN for two months. The channel was allegedly adversely affecting public morality by broadcasting a show called 'World's Sexiest Commercials' after 11 pm. [130]
  • In March 2007, Ministry of Information and Broadcasting banned Fashion TV for two months for broadcasting programs that were capable of corrupting public morality. [131]
  • In June 2009, the Ministry of Communications and Information Technology issued a notice to various internet service providers and directed them to block the pornographic webcomic called Savita Bhabhi. [132] [133]
  • In March 2013, the Ministry of Communications and Information Technology ordered Fashion TV to be taken off air for 10 days, for violating the Cable Television Networks Rules, 1994. The government claimed the channel was showing obscene and vulgar visuals which were unsuitable for the public and children. This was the 3rd time the channel was ordered to go off-air. [134]
  • In May 2014, the Ministry of Communications and Information Technology suspended the TV channel Comedy Central for 10 days. The ministry claimed that Comedy Central had violated Cable Television Networks Regulation Act, 1995, by showing shows which were obscene and denigrated women. [135] In November 2014, Delhi High Court upheld the government's order. By this time, the channel had gone off air for 4 days. They had appealed in the court claiming that their right to broadcast was protected under Article 19 of the Constitution. The court had also upheld a fine of ₹ 20,000. [136] However, later in the same month the Supreme Court stayed the order and allowed further hearing. [137]
  • In March 2015, local authorities in the Malda district of West Bengal cancelled a women's football match, featuring national team players, between a Kolkata side and a North Bengal team in March 2015. The order came after Muslim residents and local maulvis objected to women playing sports. Biplab Roy, the Block Development Officer (BDO) of Harishchandrapur, Malda explained, "When I came to know about the local opposition, I referred the matter to the SP and the DM, and the local police station. The order came from the top that the match should be cancelled, and I acted accordingly in the interest of peace and tranquillity and public order." [138]
  • In 2016, a man was killed in Mankada, Malappuram, Kerala for visiting his girlfriend in the night. The victim was a 42-year-old man called Nazeer from the same locality. Around three in the morning some of his neighbours spotted him in a house where a woman was living alone. They attacked him and killed as an act of moral policing. Kerala police have arrested three persons in connection with this incident. [139]

Accusations of obscenity against actors and film-makers

Other

Protests against moral policing

In 2009, following the 2009 Mangalore pub attack, an organisation called "Consortium of Pubgoing, Loose forward Women" started a movement called 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. [176]

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. [177] Similar events were later organized in Delhi, [178] Kolkata, [179] and various other cities.

See also

References

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