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Three cheers for the Judiciary!

February 2, 2009

“….It is inconceivable how an expression of love by a young married couple would attract offence of obscenity and trigger the coercive process of law,…”
Delhi high court, yesterday, ruling on a public kissing case

Justice S Muralidhar stayed an FIR lodged against one Ajit (name changed) and his wife who were booked by the Dwarka police station cops for allegedly kissing each other under the local Metro station even as they awaited word from their lawyer in connection with registration of their marriage.

The newly married duo was picked up by ASI Vidhyadhar Singh of Dwarka police station on September 4 last year after he claimed to have found them “sitting in an objectionable position near a Metro pillar and kissing each other due to which passersby were feeling bad.” Even though Ajit told them they were married, the cop hauled them to the police station and arrested them. Later, both were granted bail from the police station itself.

HC was surprised how Singh disregarded the fact that the two were married and registered an FIR for obscenity. Moreover, neither in the FIR nor in the subsequent chargesheet did the police attest any statement of witnesses or ‘passersby’, leaving no doubt in the mind of the court that charges were cooked up.

Ajit alleged both to the police and the bar council that the lawyer who promised to get the marriage registered connived with Singh to extort money from him and his wife as they were unaware of the intricacies of law. The case has been posted for February 25 when the prosecution will have to report about the action taken on the complaint of police harassment lodged by the couple with the police commissioner.

Arguing their case before HC, the lawyer brought out finer distinctions in the law on what constitutes obscenity. Speaking to Times City, the advocate explained, “Obscenity charges get attracted when the act is so obscene that it encourages depravity or annoys the public. In this case both these contents are missing because the chargesheet is silent on any passersby as originally claimed,” he added.

Thank you for this before the D-Day .Valentine’s where we will be witness to more hooliganism…

Atleast this gives hope….

And To all the ‘Moral Custodians’ Eff off!

23 Comments leave one →
  1. humanobserver permalink
    February 2, 2009 10:39 pm

    I hope that Delhi is not going to be next Mangalore …

  2. hitch writer permalink
    February 2, 2009 10:46 pm

    Valentines has infact become a sena day more then anything !!

  3. Indian Home Maker permalink
    February 2, 2009 11:01 pm

    Finally some good news:)

    Now this should be repeated in Mangalore also! The Ram terrorists have been threatening more attacks on 14th feb.

  4. Indyeah permalink
    February 2, 2009 11:11 pm

    Human Observer:-Yes,in this country one never knows what might happen…lets hope that doesnt happen..

    Hitchwriter:-Exactly,they must be waiting for this day as eagerly as the lovers…
    waiting for a day when they get the free uninterrupted license to bash up people in the name of ‘culture’

    IHM:-yes,it is isnt it?:)they are so few and far in between!
    I hope so too
    and Mangalore should ,infact all the cities where this happens on a regular basis should celebrate this day with more gusto!

  5. Vinod_Sharma permalink
    February 3, 2009 1:01 am

    Moral of the story…wanna kiss in public? Get married! Caution? Don’t try it in NOIDA, even if you are!

  6. Indyeah permalink
    February 3, 2009 1:20 am

    Vinod Sir:-:)yes,I thought so too…On how one HAS to be married to have PDA’s in India….but right now in today’s environment,even this judgement comes as a relief!

    Maybe sometime later, in a few years maybe the laws will change?
    they are archaic!!

    LOL@Noida!yeah ,That’s a different world zone altogether…

  7. Vinod_Sharma permalink
    February 3, 2009 1:30 am

    Laws are archaic alright…but some guys are in the middle ages! PDAs have given some the ‘right’ to become serial rapists and the the village elders still think it’s no big deal if their ‘mard’ kids go around gang raping women indulging in PDAs!(That is what happened in NOIDA)

    More than the laws, it is the mindsets and social values that have to change…

  8. Indyeah permalink
    February 3, 2009 1:52 am

    Vinod Sir:-oh!I meant you were talking in general about the mindsets in Noida and in context of the Mulayam and then the Mayawati govt..where sab chalta hai…

    That case…The family members and the whole village thinks that their ‘sons’ have done no wrong …
    what was scary was (even though this sounds dumb)that that girl and her friend were at a prominent mall ,the way any of us might be,a place considered safe by most of us and yet this happened!which brought the fear much closer..
    all of us think we are safe at prominent places like Priya’s /saket/gurgaon’s malls etc…it doesnt hit us …what a warped world we are living in…

    Delhi is no better…actually I dont know which place is….

  9. Vinod_Sharma permalink
    February 3, 2009 1:59 am

    Yes Abhilasha, Delhi High Court has saved PDA-ing couples from police harassment…and that itself can be very, very traumatic, given the language and attitudes of the cops. But that decree means little to goons…even if woman’s head is painted with sindoor.

    ‘Safe’ places are not many!

  10. Balvinder Singh permalink
    February 3, 2009 2:53 am

    In fact when i read the news in TOI, i was about to click the picture of the news item and post it in my blog. Thanks, you have done that for me.

    I had done the same when a news item had appeared when Haryana government had cut down the VIP security after Mumbai carnage.

  11. Balvinder Singh permalink
    February 3, 2009 2:56 am

    under the lebel “VIP Security” in my blog. (sorry for the break in the comment)

  12. freespirit permalink
    February 3, 2009 3:03 am

    This bit of news is among the more pleasant ones lately…Hope that other courts in other states also follow this outlook when dealing with such ridiculous charges!

    P.S.: I’ve responded to two of the questions in the tag…have decided to go one at a time, for reasons that will become clearer once you visit my blog. 🙂

  13. Ajit permalink
    February 3, 2009 4:09 am

    well well well…… in the millions and milllions of names available, you had to zero in on my name 🙂
    I am eagerly waiting for feb 14th now….

  14. Usha Pisharody permalink
    February 3, 2009 4:55 am

    Indeed, this is such welcome news that there are sane people in the Judiciary! Threeeeee cheers to them indeed!!

    What is more interesting in those links you provided was the corruption and the collusion of the SI and the lawyer that emerged. In a sense, once the scourge of corruption can be rooted out, a lot of other positive changes will also be seen. But when?? *sigh*!!!

    However, on wonders what forms of varied entertainment [bashing up young girls is old hat, esp since they got so much media coverage too!]the Ravans are planning for V-Day… More of such sensible and courageous Member of the Judiciary are what we need to check them!

    This actually gives hope!

  15. Indyeah permalink
    February 3, 2009 7:48 am

    Vinod Sir:-the experience is traumatic and humiliating…
    and yes,married or not it doesnt matter..every tom dick and harry in India has a right to do what he wnats to women in the name of culture…and why did marriage come into the picture?because our laws are pathetic..

    Balvinder SIr:-Thank you and you are most welcome..
    Yes,these small news articles need to be read because sometimes we miss them otherwise and sometimes the mainstream media gives barely a minute or two to them…

    The break’s fine:)

    Freespirit:-yes,in todays environment it sure is..:)
    Hope it happens there too…or maybe a judicial intervention on its own?*hopefully*

    saw your pics..loved them…:)keep going!:)

    Ajit:-:D..I didnt write the name the news guy/girl did…it was already present in the article..:)
    but thanks for giving me the idea for a fictional character..:D

    name …umm…starting with A maybe..?:P
    dont wait so eagerly…..India’s sena will be out in full force..:(
    what will happen?what will these goons do now?what have they planned?:(…

    Usha Pisharody:-
    :)yeah it made me smile too for a moment..:)
    yes,but when?:( seems to have seeped deep inside our bones now..all Indians suffer from these.. wonders..I hope this time these goons are not able to get away with the goondagardi!
    judicial intervention is soo needed in a country where nothing works the way its supposed to..!

  16. Biju Mathews permalink
    February 3, 2009 8:47 am

    I hate the ideology of the Indian mindset wherein they enjoy public displays of affection in movies, emotionally drop their tears when two lovers meet and contribute to the centuries in movie theatres where a love movie gambols but in real life complain when two lovers hold hands and dream of a life together. Hope I don’t become a hypocrite as I age.

    Nice post. Keep blogging! Adding you to my blog roll

  17. @lankr1ta permalink
    February 3, 2009 3:13 pm

    Don’t you think it is ridiculous that an expression of affection was termed an “obscenity”?

    Anyhow, here is some more moral policing

  18. Solilo permalink
    February 3, 2009 6:26 pm

    So how can a kissing couple prove that they are married?

    Next time the lady will be beaten up or checked for Mangalsutra and Sindoor.

  19. Indyeah permalink
    February 3, 2009 8:21 pm

    Biju Mathews:-nicely said !We are hypocrites of a new kind!We take it to another level.Read this post which drives the point home.

    We pretend that we dont know anything about sex and yet as Chirag says we are adding a new Australia each year.

    @lankrita:-Yes,it is not an obscenity,but in this case it was not the law but the corrupt police official and the couple’s lawyer who were trying to misuse the law by terming the action obscenity.
    @lankrita ,as it is in our country every darn thing is termed obscenity at the drop of a hat!

    so in this case knowing how ridiculous the charges themselves were,it is a huge relief to know that this judgement came.

    However look at the hypocrisy as Vinod Sir says,
    A ‘married woman’ie married couple is ok….not an unmarried one…
    so carry a marriage certificate on you at all times in this crazy country of ours!!
    Off to read your link now..

    Solilo:-Yeah,and what about those of us who dont put sindoor?
    some of us dont put any ‘amrriage tags’ because we are not comfortable or dont like to…
    in that case get a tattoo maybe?:D
    sayong ‘yeh mera pati hai!”
    but which one?a face tattooed too amybe!
    oh god!this is getting ridiculous!
    Read this its a satire but still…

    wouldnt our ‘moralpolice love to get their hands on this?

  20. Indyeah permalink
    February 4, 2009 12:49 am

    Biju Mathews:-:)forgot!Thanks a lot:)

  21. Solilo permalink
    February 4, 2009 6:54 am

    Remember an old Amitabh movie. He gets tattooed ‘mera baap chor hai’.

    Now all married women should get a tag or tattoo. ‘main shaadi shuda hoon falaan mere pati hain’.

    Then the goon uncles will say ‘beti jaao tumne hamari sabhyata ka dhyaan rakha’.

  22. Ajith permalink
    February 6, 2009 8:24 am

    The ‘Moral Police force’ wants to save Indian Culture, but unfortunately the methods they choose is adopted from pre-histoic tribal era. Why can’t people just mind their own business.

  23. Indyeah permalink
    February 7, 2009 8:24 am

    Solilo:-LOL!dont make me think of such scenes… overactive imagination conjures them up..:D

    Ajith:-welcome here!:)
    they are morons…they should be time transported back to the stone age….idiots the whole lot of them..
    they still think women are just something to be owned…

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