Moral policing, legally speaking
Moral policing, legally speaking

Cases of assaulting youngsters have become rampant across the country and the latest case in Mangalore has raised questions on the laws prevailing in the country.  Many also showed outrage over the role played by the media in times of such crisis. City Express spoke to a few lawyers in the city to understand the constitutional validity of these moral goons in our cities.

Our constitution or the books of law does not permit the functioning of  ‘moral police’. The concept needs a rethink. Moral policing seems to define itself as an act by frustrated men who have nothing much to do in their lives but bully people around.

The recent case in Mangalore raises safety concerns in the IT hub too and this calls for a total recall of the laws that we have in place to safeguard the society from such atrocities. The self appointed moral police who ransacked the birthday party is an awakening call for the government machinery to make strict legislation to crush such uncivilised behaviour.

Madhukar, a practising advocate says, “The goons act and various other provisions of Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) can be pressed to punish the persons involved in the attack. On top of it, there is a grave violation of human rights and feminine rights of UN charter for which India is a signatory. The concept of morality is very individualistic ergo; one can’t take up law into his own hands to canvas his view of morality. Having said that the Indian canon law clearly states that every individual should live according to the largely accepted social norms.”

On the intrusion of privacy by these individuals, Sandeep Katti, another advocate says, “The question of intrusion of privacy arises when any act is done inside your house. One cannot claim privacy in a public place, however, the so called moral police can be punished under section 354 of IPC for molestation, section 351 for assault and attempt to rape under 375 and 376.”

Questioning their logic, Sharath Ganapathy, a lawyer says, “How can one call themselves as moral police when they can’t even defend their actions and attack the modesty of a woman.

“It is an unjustifiable act that even the law does not seem to have an answer for. The law should bring such people to justice and not allow anybody to wield a weapon and decide the course of action. It is time we implement the provisions of The Unlawful Activities (Prevention) Act, 1967.”

Of late, various television channels have been receiving a lot of flak for the role played by them under such circumstances. Dona Fernandes, a social activist from Vimochana says, “Media is as culpable as the criminal who committed the crime. It is high time media ethics be recalled. The repeated telecast of such visuals are an added insult to the victims.”

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