Moral Policing – Meaning, Promoting Factors, & More

Moral Policing is a term that means people as Individuals or groups force their moral codes and laws on others over their belief of truth and way of living life. It can be seen everywhere anywhere if you see differentiation there will be Moral Policing. It is based on the ideas of religious belief, and cultural practices or sometimes even based on laws, rules, and regulations. In most cases, moral policing is aimed towards having a good society where pure cultural and religious practices are not polluted by any foreign influences. 

In this article, we will learn about Moral Policing and Rules on Moral Policing in India.

Moral Policing

Promoting Factors of Moral Policing

There can be many factors for Promoting Moral Policing but the main factors are the following :

S.no	Promoting Factors	About the factors
1	Protecting Culture	Culture gives a person a unique identity. It is a thing that a community or bunch of communities feels like they are connected. Some people may worry that the outside influence can harm or destroy their cultural values and traditions.
2	Strong Beliefs	If in a community of people in everyone belives in the same thing and are very attached with their traditional values and for that reason some might try to force others to follow them too.
3	Fear of Change	People who don’t like to adapt new things fast they might can try to stop others to follow it and wanted to keep the things in tradition the same way.
4	Not accepting Everyone	People heaving fear of outsider influence effect in their tradition and culture .Not everyone in this world or community is welcoming to different people .
5	Controlling Women	In some religions there are strict rules that need to be followed by the man and women that directly effect their way of living life , limited choices and have to take permissions.
6	Politics	Politicians use moral policing as a tool to change and manipulate and have control over peoples to gain or stay in Power.
7	Social Media	Pople can use it judge and demen others over their selective choice and thoughts on different things and it is a type of moral policing in it self .

Courts of India – Orders Against Moral Policing

In India, courts have often intervened to counter instances of moral policing, which involve individuals or groups taking the law into their own hands to enforce their version of morality on others. Here are some notable orders and interventions by Indian courts against moral policing:

1. Supreme Court of India:
   • In the landmark judgment of Vishwa Lochan Madan v. Union of India (2016), the Supreme Court condemned moral policing and upheld the right to individual autonomy and personal choices. The court emphasized that citizens have the right to lead their lives according to their own beliefs and preferences, as long as they do not harm others or violate the law.
2. High Courts:
   • Kerala High Court: In various cases, including Shyamala Saji v. State of Kerala (2009), the Kerala High Court has intervened to protect the rights and freedoms of individuals against moral policing. The court has directed law enforcement agencies to take action against those engaging in moral policing and to ensure the safety and security of citizens.
   • Delhi High Court: In Naz Foundation v. Government of NCT of Delhi (2009), the Delhi High Court decriminalized consensual homosexual acts between adults, effectively countering moral policing based on sexual orientation.
3. Landmark Judgments:
   • Sakshi v. Union of India (2004): In this case, the Supreme Court reiterated that the police have a duty to prevent and protect citizens from moral policing and other forms of vigilantism.
   • Avinash Patil v. State of Maharashtra (2016): The Bombay High Court directed the police to take action against individuals or groups engaging in moral policing, particularly targeting couples in public spaces.

These are just a few examples of the judiciary’s proactive role in safeguarding individual freedoms and curtailing moral policing practices in India. Courts consistently emphasize the importance of upholding constitutional values, including the right to privacy, freedom of expression, and freedom of choice, while maintaining public order and safety.

Moral Policing – Manifastation

Moral Policing can be shown itself in many ways .There are mainly two ways to found in Direct moral policing and Indirect moral policing .

Direct Moral Policing Manisfastation	Indirect Moral Policing Manifastation
Publicly shaming or insulting someone for there clothing , choices and behaviour .	Creating a social environment where people are under pressurised to conform out of fear being judged.
Mob attack , physical assault or killing some one can be count in Morality.	Using social media to publicly criticize individuals and mocking deemed for violating moral standards.
Threating someone with violence and social exclusion unless they confirm to certain expectations .	Limiting access to information or silencing voices that raised against them demmend for hurting their moral values and beliefs.
By Impossing limitation on peoples movement activities or relationship based on moral beliefs.	Implementing laws and regulations that control personal behaviours and choices based on religious and cultural beliefs.

Different Ways to Overcome Moral Policing

1. Educate people and especially youth about thier fundamental rights like freedom of expression, of speech and privacy.This will empoer them to defend themselves from the molesters .
2. Encourage indiduals to report the instances of moral policing to movement authorities and file complaint aginst them .
3. Promote the moral policing campaign in schools and colleges to educate the young generation about the moral policing and how to deal with it.
4. Collaborate with the paper ,print, digital media and infuencers to spread awareness about the moral policing cases and incidents .
5. Every community should promote welcoming acceptance and respect for different lifestyles ,choices and beliefs with in society.

Laws related to Moral Policing

In India, there isn’t a specific law explicitly titled “moral policing.” However, various laws and legal provisions exist to address actions associated with moral policing, such as harassment, intimidation, and infringement of individual rights. Here are some relevant laws and provisions:

1. Indian Penal Code (IPC):
   • Section 294: Deals with obscenity in public places.
   • Section 354: Deals with assault or criminal force to woman with intent to outrage her modesty.
   • Section 509: Deals with word, gesture or act intended to insult the modesty of a woman.
2. Protection of Women from Domestic Violence Act, 2005:
   • This Act provides protection to women from various forms of violence, including emotional abuse, harassment, and intimidation, which can be associated with moral policing.
3. Information Technology (IT) Act, 2000:
   • Section 66A (now repealed): Previously dealt with sending offensive messages through communication services, including social media, which could be used to perpetrate moral policing.
4. Prevention of Immoral Trafficking Act (PITA), 1956:
   • Although primarily focused on combating human trafficking, certain provisions of this act may be invoked in cases related to moral policing, especially those involving coercion, exploitation, or harassment.
5. Various State Laws:
   • Some states have enacted specific legislation or have provisions within their respective police acts to address public nuisance, harassment, or intimidation by vigilante groups engaging in moral policing.
6. Landmark Court Judgments:
   • Over time, courts in India have delivered landmark judgments reaffirming the rights of individuals and condemning moral policing. These judgments often interpret existing laws in a manner that protects individual freedoms and curtails overreach by moral policing groups.

List of Cases in India Related to Moral Policing

The courts of India after many hearings on Moral Policing cases the courts have always condemned Moral Policig because It is against the Law and they recognised it as a violation of fundamental rights that are given to every citizen of India in the Indian Constitution. One of the Rights is Freedom of Expression which says that expressing yourself freely through choices, clothes and behaviour is right until and unless you harm anyone with any of these rights . Courts have ordered law enforcement and other government bodies to take strict actions against the individuals or groups involved in Moral Policing.

Year	Moral Polcing Case
1998	The Supreme Court held that moral policing activities violate fundamental rights and directed the police to take action against such practices.
2009	The Delhi High Court decriminalized homosexuality, recognizing it as a natural variation in human sexuality and a fundamental right. This judgment challenged moral policing based on sexual orientation.
2011	the Supreme Court of India struck down a provision in the Maharashtra Police Act that gave the police the power to regulate dance performances in public places. The court held that this provision was unconstitutional as it violated the fundamental right to freedom of expression.
2012	The court, however, dismissed the charges, stating that the act of kissing in public did not constitute obscenity and fell under the ambit of their right to privacy and personal liberty. This judgment served as a significant step towards recognizing the right to display affection publicly.
2014	the Supreme Court declared khap panchayats (caste councils) illegal and unconstitutional. The court held that these councils had no legal authority to interfere in the personal lives of individuals or to impose punishments.
2015	A mob attacked a young couple in Kerala, suspecting them of being involved in a romantic relationship outside of marriage. The man was beaten to death, highlighting the extreme violence associated with moral policing in some cases.
2016	the Supreme Court of India read down Section 377 of the Indian Penal Code, which criminalized homosexuality. The court held that this section violated the fundamental rights to equality and dignity guaranteed by the Constitution.
2022	Spa owners approached the court alleging “moral policing” and raids by authorities. This highlights the potential misuse of power by officials and the need for proper regulations and accountability.
2022	In a case involving a man brutally beaten for having a woman from a different community in his car, the court declared that “moral policing involves mental depravity”.

Government Laws and Initiatives Associated with Moral Policing 

Indian Penal Code (IPC)	Section 293: Prohibits selling and distributing pornographic materials to people under 20. Similarly, this section can be misused for moral policing beyond its intended purpose.
	Section 354: Punishes assault or use of criminal force on any person with intent to outrage her modesty. This section can be applied in cases of physical harassment during moral policing incidents.
	Section 506: Punishes criminal intimidation. This section can be used against individuals threatening or harming others in the name of moral policing.
Article	Article 19: Guarantees freedom of speech and expression, which encompasses individual choices regarding personal behaviour and expression as long as they don’t harm others.
	Article 21: Protects the right to life and liberty, which includes the freedom to make personal choices and live one’s life without undue interference.
	Article 25: Ensures freedom of conscience and the right to practice and propagate one’s religion, which protects individuals from discrimination or harassment based on their religious beliefs.

Promoting Factors of Moral Policing 

Moral policing, the act of enforcing perceived moral standards on others through coercion or vigilantism, can arise due to various social, cultural, and psychological factors. Here are some promoting factors associated with moral policing:

1. Cultural and Religious Beliefs: Strong adherence to cultural or religious beliefs that prescribe specific codes of conduct and moral standards can lead individuals or groups to engage in moral policing. They may feel compelled to enforce these standards on others, believing it to be their duty or responsibility.
2. Social Norms and Expectations: Societal norms regarding behavior, dress, relationships, and public conduct can influence perceptions of morality. Individuals or groups may engage in moral policing to enforce conformity to these norms and maintain social order.
3. Traditional Gender Roles: Patriarchal attitudes and traditional gender roles prevalent in many societies may contribute to moral policing, particularly concerning women’s behavior and choices. Moral policing aimed at controlling women’s dress, behavior, and interactions is often rooted in notions of “protecting” family honor or upholding traditional values.
4. Fear of Social Change: Rapid social and cultural changes, such as globalization, urbanization, and exposure to diverse perspectives, can evoke fear and anxiety among certain segments of society. Moral policing may be used as a means to resist or push back against perceived threats to traditional values and identities.
5. Group Dynamics and Peer Pressure: Group dynamics and peer pressure can play a significant role in fostering moral policing behaviors. Individuals may feel compelled to conform to group norms and expectations, even if it means engaging in coercive or aggressive behavior towards others.
6. Lack of Legal Awareness or Enforcement: In contexts where legal awareness is low or law enforcement is ineffective, individuals or groups may take matters into their own hands to enforce their version of morality. The perception of impunity or lack of consequences for moral policing actions can embolden perpetrators.
7. Misguided Sense of Morality: Some individuals may genuinely believe that they are acting in the best interest of society or upholding moral values by engaging in moral policing. However, their actions may be based on narrow or biased interpretations of morality, leading to harm and injustice.
8. Political and Ideological Influences: Moral policing can also be influenced by political ideologies or agendas seeking to assert control over public behavior and expression. Certain political or religious groups may use moral policing as a tool to garner support, maintain power, or advance their agendas.

Conclusion

Moral Policing is a term that means people as Individuals or groups force their moral codes and laws on others over their belief of truth and way of living life. It is based on the ideas of religious belief, and cultural practices or sometimes even based on laws, rules and regulations. In most cases, moral policing is aimed towards having a good society where pure cultural and religious practices are not polluted by any foreign influences. The courts of India after many hearings on Moral Policing cases the courts have always condemned Moral Policig because It is against the Law and they recognised it as a violation of fundamental rights that are given to every citizen of India in the Indian Constitution.

People Also Read

• Right to freedom of Religion in India (Article 25-28)
• Article 21 – Right to Life
• IPC section 354

Moral Policing – FAQs

Is Moral Policing Punishable?

There is no specific law that directly deals with moral policing. but, the actions of moral policing can be punished under different sections of the Indian Penal Code (IPC). There have been many cases were filed in courts against actions that were to be moral policing. In those cases, the courts of India have given verdicts that do not encourage moral policing either by Government or law enforcement agencies .

What is Moral Policing Act?

which has provisions that make acts of moral policing punishable by law, is one of the important laws relating to moral policing. Section 292 of the Indian Penal Code (IPC) criminalises books and paintings that deal with obscenity.

What is Moral Policing example in India?

Throughout India, restrictions have been place by some state governments on timings for pubs, bars and other establishments that sell liquor.The 2005 ban on dance bars in Maharastra was considered to be an act of moral policing.

What is Example of Moral Policing?

Example – A women wearing Saaree (Traditional Indian Cloth) was denied by the Restaurent staff to Enter in Restaurent . Because she weared the traditional dress.