Kissing openly or even in a car is a public disgrace in India. The Indian Penal Code prohibits public kissing in the country. Couples doing the act can be arrested and put to jail by the police.
The Indian police have the authority to get your attention once they see you kissing in public. Police have the power to intervene and arrest you as you violated the act or the Indian Penal Code.
India considers public kissing an obscene act. It is not aligned with the prevailing Indian custom. Even when you are inside a car and kissing – a police officer can interrupt you in the middle of your session.
The obscene act referred to by the penal code includes the public display of affection. Such acts making other people uneasy is obscene.
The officer can present that you violated Section 294 of the Indian Penal Code. The code targets obscene acts in public. When you are guilty of violating the law, you can be subject to three months imprisonment. You might be paying a fine or get both of the punishments.
Thus, when you are in India, you have to be cautious about how you should behave. It is not just to avoid getting imprisoned, but to respect Indian customary laws, as well.
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Is kissing a crime in India?
In India, there is a law prohibiting a public display of affection. PDA in the county is unacceptable.
If it disturbs others and makes other people uncomfortable, you might be violating a law. Kissing in India can be a form of crime.
Even if kissing is an expression of love and affection, doing it in public may be misjudged. You should be more mindful of your actions and behavior when you are with a partner in public.
Section 294 of the Indian Penal Code specifically prohibits any form of obscene acts. The Indian police can get you arrested when you violated the law.
However, the word ‘obscene’ is not clearly defined. Some people and even law implementers misuse the word. Even though couples are mindful of the law, they can still get arrested by an abusive officer.
Thus, here is the list of what a PDA is and what it’s not. It will help you be more aware of your rights as a couple when confronted by police in India.
Form of PDA
- Kissing in a public space
- Kissing with a tongue in public space
- Touching in public
- Having sex in public
Not a form of PDA
- Holding hands
- Hugging and embracing
- Brief kiss
- Putting your arms around your partner
Aside from the PDA, other items in the code should be considered, as well. It includes the signing, reciting, and uttering of any obscene songs in public. You should also add any words or ballads that can make other people uncomfortable.
The same punishment or fine is due concerning these violations. Of course, before an officer calls it an act of a breach, it must satisfy specific criteria. It should be an obscene act, done in public, and given the police are harassing couples met, you can rightfully defend yourself and your partner. The authority should give you the chance to explain before making an arrest.
Why is PDA not allowed in India?
Public Display of Affection or PDA pertains to any form of intimacy in public among couples. Some countries are openly accepting PDAs, especially the liberal ones. But in a highly conservative nation like India, is PDA acceptable?
Other conservative nations like Muslim states and India strictly prohibit PDA. As more people are receptive to changes in society, people should be more accepting of PDA. Yet, in India, it is not the case.
India is a very conservative nation. It enacted a law prohibiting PDA. A public expression of love as simple as kissing can lead you to jail. PDA is taboo and not allowed in Indian society.
PDA is not allowed in India because there are plenty of Indians that still find PDA unacceptable. Generally, Indians, particularly the older generation, have highly conservative values. Their mentality does not change along with the changes in modern society.
They are stuck in their old ways where kissing and hugging must be kept in private. Couples should show love and affection in the comfort of their rooms at home. It must not be shown in public not to offend other people.
An utterly innocent act between two couples can be seen as improper action when done in public. Many eyes will follow you if you are not mindful of your behavior in public.
Section 294 of the Indian Penal Code laid down the punishment of engaging in PDA. As a result, India as a society became more aware of PDA being unacceptable. They became more conscious of people publicly kissing and hugging and judgment follow.
A simple hug and kiss ballooned into an obscene act as the penal code did not clearly define the term ‘obscene. Even the implementing authority take advantage of the law and carelessly arrest couples. There are cases that the police are harassing teams without a valid reason.
PDA may be not allowed in India, but it should not be a reason to take advantage of people who are openly in love. As long as they are not vulgar and bold in their actions, showing love to your party must be widely accepted.
Can couples hold hands in India?
Yes, couples in India can hold hands. Holding hands is an innocent act that cannot straightforwardly offend other people. You can do this in public without others judging and staring at you.
However, as many Indians have different views holding hands may not be proper. Depending on the circumstances and location, holding hands may be taken negatively.
- Inside your house
- Public Space
India respects your privacy and you can really do anything you want as long as you are inside your home. There will be no moral police checking on you.
It is the best circumstance where you can hold hands and show affection to your partner.
Some areas in India do not care if you hold hands in public. But some places are very conservative. You need to be more cautious and mindful of your location especially when you are with your partner. You would not want people staring and judging you even when you just hold hands, a very simple and innocent act.
Holding hands is a simple gesture of people having an intimate relationship. Admiration and affection demonstrate that couples cannot avoid doing. Even the Indian Penal Code does not explicitly prohibit holding hands in public. There is no specific statement that holding hands is an obscene act.
Yes, holding hands is legal in India. You should not be put in jail if a police officer caught you holding hands. You should know your right as an informed traveler in case the police reprimands you.
Is Dating App legal in India?
If the traditional PDA is widely banned in India, is there a chance for a dating app to thrive? Is using a dating app acceptable in India? In this modern world, online dating is not new, and it is a norm. Many people would resort to online dating nowadays.
Can India be different?
Yes, younger ones use online dating apps to make friends and meet potential partners. The use of dating app is legal in the India.
Online dating all over the world has taken a dramatic turn. Plenty of people across the globe know one or two dating apps and installed them on their phones. India is no exemption.
Indians, especially the younger ones, are aware of online dating. The online trend of dating in the country is significantly increasing. Meaning, more people are embracing a new way of meeting someone new.
Online dating apps like Tinder, OkCupid, and Happn are acceptable in the country. Even though it is a predominantly conservative nation, more people embrace online dating. You can notice a shift of perspective from traditional courtship to online dating.
It is because of the technology, change in demography, and affordable internet services. Online dating in India became possible and reasonable.
The Indian matchmaking online app has made an upturn in how Indians find love. They are more accepting of the changes going around. However, there is still no law or regulations in using online dating apps in India as of today.
It results in a lot of dating apps increasing around the country. Modern-day courtship, online dating can thrive in conservative nations like India. It is a good start as it manifests that India can still embrace rapid changes going worldwide.
Is cursing illegal in India?
Aside from PDA, Section 294 also prohibits the use of obscene words, both written and oral. When someone heard you of uttering obscene words, the person can report you to the authority.
The use of obscene words may be unacceptable in Indian society, but cursing is another story. There is no law probihiting cursing in India. Meaning, it is not illegal, and some people curse in public spaces.
There is plenty of street situation that you can hear people cursing at each other. You can listen to those people are throwing insults at each other and talking too loudly. Some use curse words, as well.
However, if the curse is becoming too much, leading to the point of abuse, there are implications. If you are using it to another person intending to provoke and hurt, the person can sue you. It can be a form of verbal abuse.
In this case, Indian law can protect you from verbal abuse as long as you file a complaint right away. Any form of abuse and misconduct towards you should be given much attention. It is not normal to abuse someone, even with the choice of words and the manner of delivering it.
India is a very complex society. Going from customary laws and traditions to a modern-day India entails a process. The change in Indian culture is not possible in one swift move. It will really take some time.
The country is a highly religious nation founded by century-old beliefs and traditions. You cannot expect that the government will change very rapidly. Section 294 manifests that the country is holding back from being modern. It still promotes conservatism and encourages traditional thinking different from the west.
Yet, with the increasing number of young Indians, there is a light that the country is slowly changing. The use of online dating apps among Indians is a sign. The fusion of technology and affordability made it possible.
In this process, we can see that there is a line the country has to cross to be ultra-modern India. The Indian laws may be one area that still embraces old Indian ways. Reviewing and assessing these laws may be helpful. It can help India to progress, making the country better developed and accommodating.