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Bad ideas, Education, Everyday Life, Feminism, Right watch

‘Law of the land’ on Kissing in Public: Sanjay Palshikar

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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).
  1. 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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Bad ideas, Education, Everyday Life, Feminism, Right watch

A kiss for your thoughts, University of Hyderabad: Anu K Antony, Mohan K Pillai, Sinjini Bhattacharya and Vaikhari Aryat

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Guest Post by ANU K ANTONY, MOHAN K PILLAI, SINJINI BHATTACHARYA, VAIKHARI ARYAT 

HYD

The protest meeting organised by the students of the University of Hyderabad on the university campus

‘That is knowledge which liberates’, proudly proclaims the crest of University of Hyderabad, a prominent central university in our country. A University space has been traditionally seen as the vanguard of socio-cultural critique and change. Universities pride themselves in upholding the values of freedom of thought, expression and debate. And yet, the reaction of the administration of the University of Hyderabad (UoH) to a recent event, in an otherwise liberal-tolerant and progressive-leaning campus, leaves much space for thought.

On November 2nd, a group of students organised an event on campus in solidarity with the much discussed “Kiss of Love” protest in Kerala. Titled “UoH Against Moral Policing”, the on-campus event, publicised solely on online social media, was supposed to create a space to discuss issues surrounding moral policing and the chain of Kerala incidents, bring out narratives of moral policing, talk about morality and Indian culture, and recite poetry. Also planned was a symbolic act of kissing on a chart paper, with the slogan “Our lips don’t char”. However, some ABVP and BJYM activists, with the aim of saving the students and the Indian culture from Western “immorality”, barged into campus and tried to attack the student protesters. The Telangana Police and campus security, who had failed to stop the intruders, did later succeed in cordoning them off from the protesting crowd, while insisting that the students call off the protest and disperse.

Unaccustomed to Police chauvinism and empowered enough to insist on their rights, the students managed to continue with their planned activities, although once in a while some right-wing activists managed to break ranks and tried to incite violence. The campus community however showed great restraint and continued protesting peacefully.  In response to such moral policing inside campus, the 250-plus students spontaneously started hugging and kissing each other, before dispersing.  Continue reading A kiss for your thoughts, University of Hyderabad: Anu K Antony, Mohan K Pillai, Sinjini Bhattacharya and Vaikhari Aryat →