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  • 5 months ago
Can You Be Arrested for PDA in India?
Transcript
00:01During Navratri Garba, the photo of a couple kissing went viral.
00:06The couple was asked to apologize after religious groups went to the Vadodara police station to register an FIR.
00:13Couples in metro trains or in public spaces often face harassment from both public and police.
00:19But what is the law really? Let me explain.
00:22There is no law in the country that bans public display of affection.
00:32Holding hands or even kissing in public may outrage the moral police,
00:36but it is not really an offense as far as the police is concerned.
00:40What is punishable is public obscenity or indecency.
00:44Usually the police takes action under the State Police Act,
00:48which empowers them to take action against petty offenses.
00:53For example, the Delhi Police Act section 91 and the Bombay Police Act section 110
00:58make public indecency an offense.
01:01In Delhi, it can get you up to 8 days in jail if convicted.
01:05While in Maharashtra, it is only a monetary fine.
01:08But remember, any overtly sexual act or nudity or exposure of private parts
01:14will cross the line into public nuisance and obscenity,
01:18which are in fact serious offenses.
01:20But how is indecency defined?
01:22Exposing private parts within sight of public,
01:25using indecent language,
01:27behaving indecently or in a disorderly manner in a public space.
01:31That is the definition.
01:32This by the way is the same law that allows the police
01:35to arrest someone who is drunk and shouting in public
01:38or a man who is exposing himself or even someone who is peeing in public.
01:43But as a wise man once said,
01:45in India it is more acceptable to piss in public but not kiss in public.
01:50In case you get harassed by the police for holding hands or even kissing in public,
01:54remember there is no law against it.
01:57You can file a complaint against the cops for harassment.
02:00And this can be done by sending a complaint to the police commissioner
02:03or superintendent of police of your area
02:06with the details of the incident, name and designation of the cop who harassed you.
02:10Most states also have a police complaints authority under the home department
02:16whose phone numbers and email IDs are expected to be available online
02:20for the citizens to register their complaints.
02:23Socially and morally, people in India are still uncomfortable with PDA.
02:27But remember, legally you are in the clear as long as your display of affection
02:33doesn't cross the line into overtly sexual acts or nudity.
02:37Law.
02:40You
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