After the sexual violence against a minor girl in Jamui, Bihar, the debate on 'Moral Policing' has once again erupted.
The police have registered a case in this matter under various sections of the POCSO Act and the Indian Justice Code.
A video of this incident went viral on social media, after which many leaders also reacted to it. There was controversy over the statement of Bihar Sports Minister and Jamui MLA Shreyasi Singh while talking to a news channel on a viral video. He had said in his statement, "Moral policing can also be done in a decent and decent manner." However, later after this statement went viral, he again spoke on this issue and said that the entire clip of his statement was not played.
After this incident, questions are being raised that what is 'Moral Policing'? Does it have any recognition in Indian law? Which fundamental rights may be affected by this?
What is 'Moral Policing'?
There is no separate crime or legal right called 'Moral Policing' in Indian law. Generally this term is used for those efforts in which a person or group tries to impose its own moral, religious, cultural or social rules on others. This may include objections to clothing, friendships, romantic relationships, religion, caste, gender, or a person visiting a particular place.
According to a study published in the International Journal of Law Management and Humanities, "Moral Policing" refers to arbitrary surveillance and interference by police, vigilante groups or politically motivated non-state actors who purportedly claim to protect the sanctity of traditional Indian society from foreign influences by considering themselves custodians of culture, religion, caste, racial identity and gender roles."
What is its legal validity?
According to Dr. Kamaljeet Kaur, Law Member of Ludhiana Juvenile Justice Board, 'Moral Policing' has no legal recognition in Indian law. She says that private individuals or vigilante groups have no legal right to impose their moral views on a person's clothing, friendships, relationships, company, or presence in any place.
How did it become common in society?
According to Dr. Bindu Dogra, senior assistant professor of sociology at Mahar Chand Mahajan DAV College for Women, Chandigarh, “Moral policing is not a new practice.” He connects it to the 'collective consciousness' of the society. According to him, "In every society, certain rules and values are formed which decide which behavior is right and which is wrong." He says, “These rules may be related to religion, caste, economic class or gender. The problem arises when people start believing that they are the 'keepers' of these rules and that it is their responsibility to enforce them in their own way."
'Moral policing can start from home also'
According to Dr. Bindu Dogra, moral policing is not just done by strangers on the streets, but it can also be present in family and social upbringing. He says that girls in particular are told from a young age what to wear, how to behave and who to associate with. This control within the family is often not visible because the family is seen as the individual's support system.
Which fundamental rights can be affected by 'Moral Policing'?
According to Dr. Kamaljit Kaur, various forms of moral policing can affect many fundamental rights given in the Constitution.
Article 14: Right to equality. Article 14 of the Indian Constitution guarantees equality before law and equal protection of law.
Article 19: Freedom of speech, movement and assembly. Article 19 grants citizens many freedoms, including free speech and expression, peaceful assembly, association, and free movement within the country.
Article 21: Life, personal liberty, dignity and privacy. Article 21 protects life and personal liberty.
Why are women targeted more?
According to Dr. Bindu Dogra, a large part of moral policing is linked to gender norms. Women have historically been more controlled based on clothing, movement, relationships, and sexual behavior.
How much influence of society?
According to social activist Shabnam Hashmi, moral policing increases in a society where the influence of repressive and fundamentalist forces increases. She also links this to the current political climate in India, the rise in attacks against women and moral policing.
What could be its mental impact?
Moral policing can also have a psychological impact on the person who is a victim of it. According to Shabnam Hashmi, constant insults, threats and lack of social support can cause severe mental distress for a person.
What to do if someone becomes the target of 'Moral Policing'?
First of all, it is important to ensure your safety and seek police help if needed. According to Dr. Kamaljit Kaur, if such a crime comes to light in any incident in which an FIR can be registered, then the concerned person can complain to the police. If the boy or girl concerned is a minor and the matter falls under the purview of the POCSO Act, then the process of interrogating the child and recording his statement should be child-friendly.
What can be done to stop 'Moral Policing'?
According to Dr. Dogra, such matters should not be viewed only from the perspective of sexuality or social morality, but from the perspective of law and rights. The role of the police is also important and it is important to build confidence in the survivors that they can inform their organization or the police.
