We always have a fear of society whenever we are in public places hanging around with our babe, we fear to kiss or to hug our girlfriend in public places, If you have also been in same situation like me then this article is a must read for you.
So what exactly happened that day?
I am a working person staying in Mumbai, I have been into a long distance relationship for past 2 years. Due to work pressure, i was unable to manage anytime to meet my girlfriend.
But still considering my workload, i decided to meet my girlfriend Ananya. she was living in Delhi at that time. So, when my train reached at Delhi station, I saw her from a distance.
She was looking like a cute doll in that black dress. She finally saw me and started coming to me.I was so excited as i was finally meeting her after so long. So,
I grabbed her by her waist as she reached. She almost lost her breath the moment I came closer to her and i gently placed a kiss on her lips. “It’s a public place”, she said giggling after the kiss.
And this is exactly the point when everything went sideways.
We exchanged smiles followed by strange looks by the people around us and then we saw a police officer approaching toward us, he came near us and started talking in harsh voice the way how police officials talk,
He just took both of us aside and started demanding money or else a FIR would be filed against us. Even I having a similar question like you that how can a FIR be filed if the only act you have done is kissed your girlfriend,
I got scared and had no idea of what is to be done. In this situation couples should be aware about their rights.
So when the police man didn’t agree I had no other option but to pay him a bribe because I just met my girlfriend after two years and I didn’t wanted to have any trouble, so the reason I am writing this article is to make you guys aware that the next time if you get caught in situation like I was, what you should do?
What to do if you get caught in similar situation ?
So basically as per the law, the act committed by me was an obscene act but at the time of writing this article, there is no proper definition to the word obscene mentioned in IPC (Indian penal code)
but there are many cases in district court filed against people like you and me just for the sake of destroying our social status, in the name of protecting the dignity of the so called “society”
The controversial issue that lies in determining the legality of kissing in public rests with the fact that whether you have the right to kiss in public or not?
The answer is an obvious yes,
How? Let me explain you
As per the constitution of India Article 19(1)(a) guarantees the Freedom of speech and expression to its Citizen, what is more once the counter- argument of affordable restrictions is taken under consideration as provided in Article 19(2) it’s to be noted that the interpretation of the word
Simply saying the constitution
The constitution has given you rights under article 19(1)(a) to express yourself in a way you like it and there is no such law made in law in India to put a hold to it and if you think that kissing (kiss) your girlfriend is way to express your love towards her then you are not bound to any crime if you do so.
Below I have also mentioned about some cases that happened in India regarding the similar situation face by some people like us
As mentioned in the case of “A and B vs State the NCT of Delhi” it is held that hugging and kissing forms a part of freedom of speech and expression which is the legit
source of showing love and compassion towards your partner and hence are protected under Article 19(1)(a) of the Constitution of India.
Furthermore, the Apex Court has said that no suit can be brought against the act of consensual kissing, and Section 294(a) of the IPC clearly states that the act such be of such an extent that it could cause annoyance to others. Moreover the Supreme Court
In the case of “S.Khushboo v.Kanniammal&Anr” 
held that while determining the obscenity of an act the community standards should be taken into account, the intensity of such standards may vary from place to place for example in the metropolitan areas it might be considered as an acceptable act, whereas on the contrary in some places it could be brought within the sphere of indecent demonstration.
Is it absolutely fine to kiss your Girlfriend in Public?
Under the Constitutional mandate of Article 19 which guarantees freedom of speech and expression, it could be said that the Act of Kissing your Girlfriend is not something which could be brought within the purview of an obscene Act. In order to provide the judicial strength to the same, the recent Judgment of the District Court which declared the Right to Privacy as an absolute Fundamental Right can be taken into consideration.
What to do if a group of people troubles you for Kissing in Public?
As we live in a Country which is famous in the world for its distinct feature of “Unity in Diversity”, in the same manner there are different ideologies and preconceived notions of various communities about various aspects.
In the same manner we can see that the Act of displaying your love towards your partner in a public place may not be acceptable for certain communities and they may consider it as something which violates their moral principles, however there are instances when such restrictions becomes unreasonable and the restrictive authorities are misused by the police officers for the sake of their own personal Interest in which they succeed by taking bribes and heavy fines from the couples.
Under such circumstances, the Couple can opt for exercising their “Right to Privacy” which also includes the Constitutional mandate of “Personal Liberty” in it. If the Act of kissing involves the consent of both the partners and they are Major then they are not subjected to any moral Laws of various communities.
If you still didn’t find the optimal solution for this problem you can contact us at [email protected] for any kind of legal support
If something similar has happened please share your views in the comment section
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