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It is clear that Indian society is deeply connected with the moral backings and various communities inside the territory follow various cultural and their own morals. This does not mean that individuals are not following morals within the families in India. In spite of modern technologies being in place, there are still moral values that our society follows. But one important thing that has to be taken into consideration is what moral to one person shall not be same for the other person and the problem arises here and because of which the issue of moral policing comes into picture. Moral policing or the term Vigilantism, as the name itself denotes, is the word which is used by the group of individuals where their intention is to ensure that their acts or the code of morality which are correct to them are enforced in India without the legal authority. In spite of laws and rules in place, the problem that is existing is the negative effects of the moral policing in India which affects the rights of the individuals in India especially their constitutional rights. There are various reasons behind the moral policing and the question is whether all these reasons form part of reasonable restrictions under constitution or not. This is the existing problem around which the present work is based on.

1. Ritwik Jaiswal - Moral Policing in India: A Critical Analysis (2020)[1]

This article deals with the critical analysis on moral policing that occurs in India. The author has taken note of certain incidents and other examples of moral policing such as Cow vigilantism by the Hindutva groups against the Muslim community in India. The author contents that the main intention behind their religious push is to ensure that there are hierarchy that persists in the Indian society and in order to achieve this, the usage of democratic norms such as Constitution stands as a obstacle for them. It is cited that these groups attack Indian democratic norms in order to impose their morality and the sentiments, which is otherwise inconsistent with the norms [2].

The author points out how the progressive culture might help the society and its development and might also impede the anti-democratic elements such as moral policing. This literature points the existing issue of moral policing and how htta affects the rights, which is to be corrected. The researcher shall be using this argument for the purpose of statement of problem to this part of research.

2. Abhinav &Manvi Singh – Moral Policing in India[3]

This article basis its argument on the negative effects of moral policing that takes place in India. The article also looked into various instances where there was moral policing involved and which also includes the moral policing from the side of social, economic and political reasons. The authors cite the moral policing by various institutions including the educational institutions relating to the behavior. But, the present author denies his argument that those rules in a college or school level shall not be considered completely to be moral policing as this comes under the ambit of regulation of school students for the better future or till the time when they attain the age of majority. The paper also suggests some of the ways to overcome the present issue of moral policing which shall be used by this author as part of this research.

What does Moral Policing mean?

Moral Policing – the term that has mostly been in the usage in the country like India where there are strong cultural backings in it. But, whether being a strong cultural backings and the way of life which was carried by the previous generations would not only be the reason for such moral policing be seen as a bad or illegal in India. Before looking into this, let first look into the definition or the way how the moral policing have been defined and how this is in the usage in India. We should also look into the reasons behind the moral policing in India.

Now, what is moral policing? Moral policing or the term Vigilantism, as the name itself denotes, is the word which is used by the group of individuals where their intention is to ensure that their acts or the code of morality which are correct to them are enforced in India without the legal authority. Moral is the term to denote the code of morality that these group of persons use and the term policing would mean that there is a push from them by the way of harsh measures such as killings and threatening the persons who are damaging the moral terms as per the groups. The problem arises when it comes to the imposition of the code of morality without any legal backings, which is again impossible in a democratic country like India[4].

Let us focus on who shall be part of these unlawful acts. It has been observed that there are certain actions of the police, vigilante groups and even some of the past and existing laws have also been known for imposing a kind of moral policing on the individuals in India[5]. Now, what forms part of this moral policing and we should know what amounts to moral policing? It is very important to note that as per the vigilante groups and as per their contentions, anything which is against the morality or the Indian culture shall be considered as the moral policing. Another problem that becomes part of this is the question of what amounts to moral to one person shall not be the same for the others and in a country like India, there is no scope for questioning the freedom of the individuals. One of the examples that can be cited for this is expectation of a woman not going out with a man in the night. This has been one of the most prominent moral policing since time immemorial. The problem not exists with these couple, but with the society’s conception and this idea of misconception is called as moral policing. There are various reasons behind the usage of this moral policing by various groups and even individuals. The following paragraphs would be looking into such reasons from socio-economic and political perspective.

Reasons behind Moral Policing in India

If we look into the reasons behind the moral policing in India, it is clearly observed that these reasons are mostly socio-political in Nature and has no economic motive behind it. Let us focus on some of the factors which have been contributing to the current issue of moral policing in India. It is very essential to know that moral policing is not only perpetrated by the group of Individuals but also society including the family, rules, laws and even the mental state of the society as a whole within a particular community.

Firstly, one of the most cited reasons for the rise in the moral policing in India is the parental controls and their insistence on their children relating to the morality and the attitude of their children. This has both positives as well as negatives. The importance of the parental control shall never be undermined at any time, rather it is relevant until the child becomes major or when the child gets to a stage where he/she has reasonable understanding of him or herself about the society. Once this has been attained, then it is the major who decides what is right and wrong for him/her and how to lead her life with all freedoms accompanying reasonable restrictions[6]. It has been noted that these moral policing has been followed by the children even in the later part of their life which is unfortunate and hence we bring this particular fact as a relevant one for the rise in moral policing from the side of family and the upbringing of a child.

Secondly and most importantly, the rise of Western culture and increasing groups with the intent to bring various religious ideas to support their claims and protect Indian Culture. On one hand, this might look very essential for a country like India where there are plenty of cultural and regionalist views, but on the other hand one of the authors claim that the main intention behind their religious push is to ensure that there are hierarchy that persists in the Indian society and in order to achieve this, the usage of democratic norms such as Constitution stands as a obstacle for them. It is cited that these groups attack Indian democratic norms in order to impose their morality and the sentiments, which is otherwise inconsistent with the norms[7]. The author points out how the progressive culture might help the society and its development and might also impeded the anti-democratic elements such as moral policing. These groups are more concerned with reducing the import of various western culture such as dress, products behaviors etc.

Thirdly, the issue of patriarchy is also greatly connected with the rise of moral policing in India leaving various questions to be answered. Even though there are laws to prevent the inequality and the patriarchal nature of the country, there are still issues relating to the moral policing where the men think and believe that the women community that they see is not that strong in nature and it is very important for them to protect these women from cultural discernments. As a matter of protecting the women, these men are imposing certain restrictions upon the women when it comes to their behavior, their dressing sense, attitude and even upon their freedom of speech. This forms as a moral policing to the women community thereby heavily affecting their constitutional rights under the Indian Constitution.

Police powers, in India, are sometimes responsible for the rise of moral policing in India. In spite of police being the constitutional body established as per the state acts, theu have been issued with extreme powers that might sometimes – instead of protecting the people – mitigates their purpose and damage the social structure by promoting various values which are ultimately imposing of moral policing. The importance of the police comes into picture basically because of the nature of such organ and their power to control the law and order issues across the country in order to ensure there is social harmony. Police powers should be aware of the constitutional values and should be the backbone of the government to ensure the law and order as per law and not as per the whims of certain community[8]. Because of the failure to notice the constitutional values, they are falling prey to the existing vigilante groups and their influences thereby reportedly failed to file the cases against these groups[9]. There are also instances where the police themselves involve in moral policing by attacking the students and individuals in the local pubs and restaurants even though there is no illegality involved in the case against these victims of moral policing. In these instances, those victims lose their individuals freedoms as per the constitution[10].

Indian laws are the last reasons because of which there are rise in the moral policing sometimes. One of the examples that can be cited for the same would be the presence of section 377 of Indian Penal Code which dealt with the offences against the nature. This is to mean that LGBTQ community which had their right to life and freedom has been restricted and were arrested if found under section 377. Later, after the decriminalization of section 377, currently there are no moral policing over the same, but even in the remotes places in India, this has been seen as against the nature. it is important for the society as a whole to accept the nature and move on when it is not in the hands of the persons who are victims. Merely because of this fact, their rights under the Indian constitution shall never be restricted or denied. Any denial shall result in great oppression of the community[11]. Another example for the laws which have stringent effect on the society is the existing section 292 of the Indian Penal code, which deals with the criminalization of publication of obscene books and paintings[12]. The problem is not the existing law but the implementation of the law when it comes to arrest by the police authorities. What is obscene has not been defined properly and because of which there are confusions around the understanding of obscenity in India and police authorities take the law in their hand and have been filing various cases under section 292 if

the content is mere advertisement or the posters which according to the general public may not be considered to be extreme obscenity[13]. Section 293 has also been used inappropriately[14]. This has been considered to be moral policing by a law through the acts of the police. Using this as a tool, all other vigilante groups and the individuals try to punish the other people[15].

Moral Policing: A socio-economic and political issue?

Before looking into the aspect of how the moral policing have impacts on the socio-political and economic aspects, it is very important to note what moral policing would mean. Because it is also important to note that what is moral today may not be moral tomorrow.

Concept of moral policing and the Indian Constitution:

Firstly, we will analyze how moral policing has effects on individuals and on society as a whole in a nation. This is to mean that, on one hand, the policing nature of the people who are pushing their morality and culture, but on the other hand, we have to look from the perspective of how this has also impacted the individuals as well thereby taking away their rights and privilege that they enjoy through the laws of a particular nation. In the case of India, it also results in the problem of violation of fundamental rights. Let’s look into various rights that the constitution provides to these individuals and how they get violated due to several reasons. This part will also look into the aspect on how the moral policing has adverse impacts on the individuals.

In order to see what are laws/rights under the constitution are violated it is important to have a note of a few important articles of the constitution. It is important to note that most of the rights under Part 3 of the Indian Constitution must have been violated when it comes to these moral policing aspects. This is because of the fact that there are different angles to this issue of moral policing and when it comes to the rights there are mostly the social aspects which are get violated. For example, mob lynching by group of men against a particular person affects his right under article 21 which talks about the right to life and personal liberty[16]. Likewise, let us look at these one by one.

1. Article 21 of the Indian Constitution

Article 21 reads as follows:

“No person shall be deprived of his life or personal liberty except according to procedure established by law”

When it comes to the issue of mob lynching etc. the most affect right would be the right to life where merely because of the radical activity of the certain group of people, an individual who does not want to follow certain moral standards that these group of people impose, the result of such is that we lose a life as these group tries to kill or actually kills that person resulting in a case if murder. There are also instances when these are not shown as a murder under the Indian Penal code, the parents or the relatives convince everyone by blaming the family and the conduct of the person who was the actual victim in the case.

On the other hand, certain conduct relating to the clothing especially girls in this modern world, has also effects on the right of such girls and this restricts her liberty to choose as per article 21 of the Indian Constitution.

2. Article 19(1) (a) of the Indian Constitution

In the name of moral policing, the group which wants to spread their moral on the people mostly violates certain people’s right to freedom of speech and expression thereby limiting their fundamental right under article 19 (1)(a). Article 19(1)(a) states that

All citizens shall have the right to freedom of speech and expression[17];

There are several instances in various states including Karnataka, Uttar Pradesh etc where the students who went for Pubs were beaten up and were disturbed by the mobs from a specific political party who sees these acts as morally illegal [18]. Even some of the activists or persons who try to make awareness are also being attacked for going against the interests or the code of conducts and morality that these vigilante groups try to impose. These activists or the awareness creators have clear mindset and has been trying to ensure that there are no moral acts which tries to deviate a person’s rights and resulting in the taking way of their rights.

On one hand, there are rights that are granted to these individuals but on the other hand, we see that there are some of the practice of moral policing that comes from certain religious practices that women shall not be allowed to remarry another man after the first husband dies stating that the women should live only for her children whom the deceased husband has left. Now, the right to life and personal liberty again gets dissolved during these matters. It is also important to know that no right is absolute in nature and the same shall be subjected to some of the reasonable restrictions. The main question that remains to be answered when it comes to these moral policing is whether these policing forms part of reasonable restrictions mentioned under part 3 of the Indian Constitution.

Indian Judiciary’s views on Moral Policing

1. Sandeep Kumar v. State of NCT, New Delhi[19] where the Delhi HC observed that when it comes moral policing, the courts of law should ensure that there is stern hand that is exercised while dealing with such cases of moral policing. The facts of the case was that the appellant had shot the deceased person to death when the appellant was engaged in the leering and as per the court of law, when this was objected by the  deceased as a matter of moral policing, the appellant had shot the deceased with the help of deceased. The appellant in this case had objected the deceased and other couple when they had been involved in the drinking together at a wine shop and the appellant wanted the couple to disband each other. In this case, the court went on to analyse the importance of aggravating factors and the mitigating factors into consideration while acquitting the appellant in this case. Some of the aggravating factors in the case are, 1. The young age of the appellant and the whole incident was a chance happening as per the court of law and lastly, the court also took into consideration the conduct of the appellant. Only one aggravating factor in this case was the aspect that the incident was sparked by the indecent behavior of the appellant.

2. In another case, the court of law has observed the importance of how the moral standards will be varying from one community to another. The court noted that the moral standards shall be varying from one community to another and also from one person to another person even within one society as well. It observed that the morals that exists today has no uniformity in it[20]. Since the case was relating to the aspect of obscenity, the court of law observed that they cannot be blind when it comes to the ads and articles relating to the content of obscene nature. One of the most important point that has to be taken into consideration by us is the note of the court on the moral aspects. The court observed that when it comes to the morality, since they shall be changing from time to time, there shall be a shift in the kind of content that this court shall take note of when compared to what is moral few decades ago.This is very important because of the fact that the court observes how the moral which is exiting today may not be the same after few decades especially when it comes to this technological society. Thus the court in this case, held that there is a certain shift that is required when it comes to the moral and the sexual standard. Through this, the court held that the articles or the contents which were produced before the court of law were not obscene in nature as per the court of law as they seem not to be very sexually explicit than what have been published by many of the magazines and leading journals in the media industry[21].

3. In the case of Harish v. State of Kerala, the facts of the case were that the victim was attacked by the petitioners in this case because of the fact that the victim and his companions consisting of totally 8 girls were having nothing but the ice cream in a shop which is in connection with the birthday party in a bar. It was in the bar where the incident took place and the petitioners had no relation to the victims and his companions in this case. But they attacked the said victims and their companions because of the fact that the victim was enjoying his time with the girls in the bar and the allowance of those girls with the boys. The court of law noted that this was the only motive for the petitioners to attack the victim because of which there were serious injuries sustained by the victims.

When it comes to the observation of the court of law, it noted that in a democracy, there is no question of moral policing at all and all are entitled to their own freedoms. No one has the power to take the law in their own hands and these kind of acts and tendencies regarding the relation among the girls and boys needs to be put down with a heavy hand. Knowing that these kind of actions by the petitioners are against the public as a whole, the court of law has refused to grant the anticipatory bail to te petitioners and dismissed the application[22].

4. Recently, the MP High Court[23] has observed that when it comes to the petitioner and the other person to a live-in relationship comes into picture, the aspect of moral policing shall not be applicable. In this case the court of law has looked into the freedom that these victims of the moral policing are going through. It noted that no moral policing shall be allowed when it comes to two major persons who are willing to stay together by way of the marriage or the live-in marriage[23].

5. One of the most important improvement as part of judicial interpretation came from the recent Kerala High Court judgment which held that the moral policing shall be considered to be an offence under the Penal code, 1860[24]. Even though the offence of moral policing is not verbatim mentioned in the Indian Penal Code, the court of law has brought this offence under the aspect of mental depravity and shall be an offence. So, when it comes to settlement or compromise then such shall cases with moral policing shall not be considered and the petition under section 482 shall be rejected thereby ensuring that the offender is punished and the case is not quashed under section 482 of Criminal Procedure code.

The researcher will undertake doctrinal research as part of the study mainly because of the need to study and critically analyze the existing literature related to the moral policing in India. The primary sources as part of doctrinal research would include: 1. Indian Penal Code, 1860 2. The Indian constitution, 1950 The secondary sources would include judicial pronouncements, Journal articles, policy reports, and other relevant sources

1. Ritwik Jaiswal, Moral policing in India: A Critical analysis,http://www.penacclaims.com/wp-content/uploads/2020/05/RITWIK-JAISWAL-2.pdf (Last accessed on 27th August, 2022) 2. Ritwik Jaiswal, Moral policing in India: A Critical analysis,http://www.penacclaims.com/wp-content/uploads/2020/05/RITWIK-JAISWAL-2.pdf (Last accessed on 27th August, 2022) 3. Abhinav &Manvi Singh, Moral Policing in India, https://amity.edu/UserFiles/aibs/59afArticle-V%20(Page%2050-53).pdf (Last accessed on 28th August, 2022) 4. https://www.iasexpress.net/moral-policing-in-india-for-upsc-ias-gk/ (Last accessed on 29th August, 2022) 5. Ibid 6. https://www.iasexpress.net/moral-policing-in-india-for-upsc-ias-gk/ (Last accessed on 29th August, 2022) 7. Ritwik Jaiswal, Moral policing in India: A Critical analysis,http://www.penacclaims.com/wp-content/uploads/2020/05/RITWIK-JAISWAL-2.pdf(Last accessed on 27th August, 2022) 8. https://www.thehindu.com/news/national/kerala/couple-allege-moral-policing-by-police/article65620489.ece (Last accessed on 27th August, 2022) 9. https://www.iasexpress.net/moral-policing-in-india-for-upsc-ias-gk/ (Last accessed on 29th August, 2022) 10. https://indianexpress.com/article/cities/bangalore/moral-policing-karnataka-bjp-7572986/ (Last accessed on 29th August, 2022) 11. Ibid 12. Section 292 of the Indian Penal Code, 1860 13. https://www.iasexpress.net/moral-policing-in-india-for-upsc-ias-gk/ (Last accessed on 29th August, 2022) 14. Section 293 of Indian Penal code, 1860 15. Supra note 10 16. Article 21 of the Indian Constitution,https://legislative.gov.in/sites/default/files/COI...pdf 17. Article 19(1)(a) of the Indian Constitution, 1950 18. https://www.indiatoday.in/india/story/alleged-case-moral-policing-bajrang-dal-activists-mangaluru-pub-police-initiates-probe-1980141-2022-07-26 (Last accessed on 24th Aug, 2022) 19. Sandeep Kumar v. State of NCT, New Delhi 2017 SCC Online Del 9268 20. Kavita Phumbhra v. Commissiner of Customs (Port) 2011 SCC Online Cal 2378 21. Kavita Phumbhra v. Commissiner of Customs (Port) 2011 SCC Online Cal 2378 22. Ibid 23. Guljar Khan v. The State of Madhya Pradesh &Ors 2022 Livelaw MP 21 24. Supra note 8 25. https://www.livelaw.in/news-updates/moral-policing-involves-mental-depravity-kerala-high-court-refuses-to-quash-case-despite-settlement-194752 (last accessed on 30th August, 2022)