Hugging & Kissing Among Youth Is Not A Crime – HC

The Madras High Court’s recent ruling in connection with young couples in love raised concern of several parents.

The Madras High Court quashed a sexual harassment case against t a 21-year-old man, who was accused of hugging and kissing his 19-year-old girlfriend “without her consent”. In a recent ruling, the court stated that such actions between a young couple are “quite natural” and do not constitute an offence under Indian law.

The youth had been booked under Section 354-A(1)(i) of the Indian Penal Code (IPC), which relates to “physical contact and advances involving unwelcome and explicit sexual overtures.”

The High Court, in its order, stressed that for this section to apply, there must be unwelcome and explicit sexual advances, according to a Bar and Bench report.

While delivering the judgement, Justice N Anand Venkatesh pointed out that even if the allegations made by the girl were considered true, they did not meet the criteria for a criminal offence under the IPC. Continuing criminal proceedings against the young man would be an “abuse of the process of law”, he said.

This ruling is more like encouraging youngsters to love and also not fear about public display of affection (PDA), said a father of a 20-year-old girl. At home, parents try to keep their children away from love affairs to avoid unnecessary trouble like mental agony and trauma, if the story does not reach a logical conclusion, for inevitable reasons.

But, the court giving a green signal to hugging and kissing is something unexpected. India is a land of Sanatan Dharma, which gives utmost priority to chastity and loyalty. It is not fair on the part of a court, that upholds law, ensures conformity with societal rules, to say hugging and kissing are natural. Children do not have the maturity to understand if the person they got close to would continue to shower love with the same intention throughout their life. They can easily get duped, lamented D. Seshagiri Rao, parent of a 22-year-old boy.

While parents are already worried with the explicit content being shown in movies and on the internet, the High Court’s ruling shocked them.

The case involves a young couple in relationship since 2020. It dates back to November 2022.

The 21-year-old boy and 19-year-old girl met at a specific location and spent hours together when the boy allegedly hugged and kissed the girl, without her consent.