SANJAY PALSHIKAR, Professor, Political Science department, University of Hyderabad, clarifies the ‘law of the land’ on kissing in public, to the Committee set up by the Vice-Chancellor to ‘look into the matter of the incident of November 2, 2014.’

Respected Members,

At the centre of the incidents of November 2, 2014, is the alleged act by some students to display demonstratively mutual affection in the form of kissing. Without going into the factual correctness of the charge, let me share with you what I have learnt from legal scholars and activists. I do so in the hope that this will help the Committee “ascertain” “the position of the law of the land” regarding kissing in public.

1. Indian judiciary at the higher levels has not universally treated kissing in public as illegal. In appropriate context, spelt out variously by the relevant judgments, it has been seen as an expression of love, expression of love and compassion, and its artistic representation as defensible. Absent in all theses cases is the tendency to presume that every kiss is an act of sexual expression and that indulging in this act in public is always obscene. (A & B vs State Thr. N.C.T. of Delhi 2009; Friday vs K.J. Sebastian 2001).

2. The Supreme Court has observed that the Indian Penal Code “does not define the word obscene and this delicate task has to be performed by courts….” If the Apex Court considers it a delicate task, how much more challenging it would be for university teachers and police officers to say if an act is obscene! (Udeshi vs State of Maharashtra 1965).

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