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If you're new to India, you may realize India is more traditional than many Western countries when it comes to romance, but is it illegal to hold hands, make out, or kiss in a car in public? PDA can be illegal in India. The Indian Penal Code, Section 294, states that you may not "do any obscene acts in a public place" that are an "annoyance to others." Citing this code, couples have been arrested for kissing in public. However, the Supreme Court has also ruled that "It is inconceivable how... the expression of love... would attract the offence of 'obscenity.'" Therefore, the answer isn't clear cut. In this article, I'll help you quickly understand what you can and can NOT do in public... if you are feeling romantic during your time in India. https://youtu.be/1HwVV0WyFL0 If you'd prefer to watch my video about this, you can check it out. If you like it, please like and subscribe What is the Indian Penal Code? The Indian Penal Code is the official criminal code of the country. It was created in 1834 under the Charter Act. During British Rule, it was used heavily was implemented across all states in India in the 1940s. While there have been many amendments and provision since then, Section 294 has never been changed. Police officers and courts cite this code when arresting and charging couples who have been caught kissing. In relation to PDA, Section 294 states: Whoever, to the annoyance of others; (a) Does any obscene act in any public place, shall be punished with imprisonment of either description for a term which may extend to 3 months, or with fine, or with both. Indian Penal Code, Section 294 If you're like me, you may notice how ambiguous the words "obscene" and "annoyance" are. This means the police and local courts are given a lot of discretion to define it... which is why this code has been criticized for being used to harass couples and has a tool for the controversial moral policing. What is an Obscene Act? The Indian Penal Code, Section 292, clarifies what obscene is stating it is something that is "lascivious" [reveals overt or offensive sexual desire] or "appears to the prurient interest" [encourages an excessive interest in sexual matters] that might "deprave and corrupt [the] person...". Does this mean kissing in public is obscene? Well, the Indian Supreme Court and lower courts have clarified the wording even further, so let's look at specific examples of different types of PDA and see what is legal and what is illegal. Public display of affection is an act that displays a person’s affection for another person which could be either verbally or physically.Definition of PDA What is PDA? Kissing your partner passionately in a public place.Kissing your partner using your tongue in a public place.Touching your partner's genitals in a public place.Having sexual intercourse in a public place. What is not PDA? Holding hands in a public place.Hugging your partner in public.A small kiss as a greeting. Telling your partner you love them in public.Putting your arms around your partner. There have been cases and rulings about these examples, so let's quickly go through them now. Is It Illegal to Kiss in Public? Indian police have made a number of arrests of couples kissing in public. However, after one arrest the Supreme Court ruled, "It is inconceivable how... the expression of love... would attract the offence of 'obscenity.'" In that case, the police were disciplined and forced to write a letter of apology to the couple. In another highly publicized case, a lower court put out a warrant for actor Richard Gere after he kissed the Bollywood star, Shilpa Shetty, at an AIDS awareness event. While some Indians burned effigies of Richard Gere and Shilpa Shetty in protest, the actor was never charged. In Kerala in 2014, protesters staged a Kiss of Love Protest to show how absurd it is that you can't kiss someone in public. The event drew about 50 protesters and a crowd of about 1,000 spectators, as well as angry opposition groups. At the protest: 52 protesters were detained by police25 protesters were hospitalized for injuries from the counter protesters who arrived with tear gas and iron rods After the protest, a photograph of a man kissing his wife in a police car went viral and sparked a nationwide debate about the issue. In another instance, a team of lawyers analyzed whether the Kiss of Love protesters were doing anything illegal and they concluded that: [Kissing in public] wasn't illegal. Some may claim it is immoral but that doesn't make it a criminal offence. There's a difference between illegal and immoral. 'Section 294 was drafted years ago and has never been amended since. It may have had justification in the 19th century in British-ruled India but this is 2018. We need to take a relook.'Jayanta Narayan Chatterjee Is It Illegal To Kiss in A Car? Couples have been arrested for kissing in a car in India, since according to the Indian Penal Code, Section 294, this could be considered "obscene" and cause "annoyance" to the public. According to this news story, two couples were driving in a car when the couple in the back was seen kissing by the police inspector, JM Bharwad of Satellite police station. The officer then followed them. The young couples sped up, so the police gave chase and forced the car to stop. The police officer then charged them with: ObscenityIndecent public behavior Their act in a running car could have proved to be dangerous both for them and other vehicles on the road.Police inspector, JM Bharwad of Satellite police station However, this may just be a rare case where a policeman acted according to his own beliefs. Maybe he was sensitive to this issue and this would not be lawful according to the courts. In the case, Aveek Sarkar & Anr vs State Of West Bengal And Anr on 3 February, 2014, "...the obscenity has to be judged from the point of view of an average person, by applying contemporary community standards.” So the question is: Does the average person in the community in view kissing in a car as obscene and annoying? The Lawyer's Club, India states the annoyance must be proved by facts. It is an essential requisite that the obscene act or song must cause annoyance. Annoyance refers to a mental condition and hence it has often to be inferred from proved facts.Lawyer's Club, India Is Hugging or Holding Hands in Public Illegal? There are no recorded cases of couples being arrested or fined for hugging or holding hands in public. However, if you were to be hugging your romantic partner a lot or walking down the street holding hands... you might feel awkward or notice people staring at you. These forms of PDA are more socially taboo and not a part of the culture here in many places. If you're in a progressive touristy place like Goa or parts of Bangalore, you may be okay. So if you're a tourist and new to India, I would personally avoid these forms of PDA as well. If you were to do these things, you might find yourself a victim of moral policing. What is Moral Policing? Moral policing is the term for when vigilante groups enforce a code of morality. It has become a popular, yet controversial term in India over the past decade. Some Indian groups feel Western values, such as public displays of affection, are corrupting the values of their nation. They are protesting it in their own way. On groups feel that moral policing and the Indian Penal Code Section 294 is then used to harass women and couples. The Supreme Court has issued rulings that agree about the harassment of moral policing. Notions of social morality are inherently subjective and the criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy. Khushboo vs Kanniamal 2010. The Supreme Court is also ruling that it may change the Indian Penal Code, since it has indicated that the "changing view of morality" is important. They [the lower courts] should have been sensitive to the changing perspectives and concepts of morality to appreciate the effect of Section 294 of IPC on today’s society and its standards, and its changing view of morality. Order of the Central Admin Tribunal, New Delhi 1 Feb 2012. Also that someone can't be arrested because one person is annoyed, but it must be the community. That someone can not be prosecuted by one person who feels offended. Has taken the “contemporary mores” into account to determine obscenity, it has clarified that it is not “the standard of a group of susceptible or sensitive persons” that can be held as the standard of the community. Tips For Travelers In India If you're visiting India, it's wise to be conservative and overly cautious about expressing PDA. Since you won't be aware of the specific community's feelings and what might annoy or offend them, it just makes sense to avoid PDA and any problems that might come with it. Therefore I recommend that you do NOT: Kiss in publicKiss in a car in publicHold hands in public with your opposite-sex partnerHug your romantic partner in publicMake out in publicHave sex in public I have a girlfriend and sometimes I have forgotten this law since it's so different than where I'm from in the USA. But as I've researched this article, I'm reminding myself to be very cautious since we're here for the beautiful Indian destinations and culture. It's not a big deal for us to wait until I'm at home or in a hotel room to express my affection. Final Thoughts: Avoid all public displays of affection because while it may not be illegal, it may annoy or offend the locals or be socially taboo. The police have the authority to arrest or fine you for vague reasons because the definition of "obscenity," depends on what the average person in the community. If you're wondering about aspects of Indian culture, then check out 101 Do's and Don'ts in India. I learned these after living and traveling here since 2018. I hope you can avoid some of the mistakes I made. India is a lot of fun though so enjoy it! Related Articles: 80 Tourist Scams in India: Everything You Need To KnowLife in India for Foreigners: Is it Safe?Dangers for Travelers in India & How To Protect Yourself

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