[Reader-list] a kiss is just a kiss. or is it?

[A Khanna]

hi all,

i was intrigued by a news article from the bbc, pasted below, on a  
case from the delhi high court where a charges of obscenity against a  
couple kissing in public were dropped. thought this might be an  
interesting juxtaposition with the ram sena's attacks in Mangalore. if  
any of the lawyers on the list could get hold of the actual judgement,  
do let me know, it would be interesting to read. and while i suspect  
that Justice Muralidhar did not treat the factum of marriage as the  
basis for his judgement, this report suggest as much. if this is the  
case, it begs the question of what if they weren't married? what if  
they were both women, or both men, or, one or both otherwise? is it  
that the form of heterosexual marriage enables the delicious act of  
kissing to be read as 'love'? and must a kiss be a manifestation of  
'love' to be 'acceptable' in public, or more precisely, to not be  
considered an offense of obscenity?

its a sad time when the upholding of the right to heterosexual  
monogamous legally sanctioned love amounts to a radical act.

kisses,

akshay
....

India couple's kiss 'not obscene'

A court in India has dismissed criminal proceedings against a married  
couple charged with obscenity for allegedly kissing in public in the  
capital.

The Delhi high court judge wondered how an "expression of love by a  
young married couple" could attract an obscenity charge.

Police arrested the couple - a 28-year-old man and a 23-year-old woman  
- for kissing near a station last September.

Public displays of affection are still largely taboo in India.

The police in Delhi had begun criminal proceedings against the couple  
for "sitting in an objectionable position near a metro (railway  
station) pillar and kissing due to which passersby were feeling bad".

The maximum punishment for committing an "obscene act" is three months  
in prison.

Judge S Muralidhar quashed the criminal proceedings.

He said that even if police reports were accurate "it is inconceivable  
how... an expression of love by a young married couple would attract  
an offence of obscenity and trigger the coercive process of law".

The judge expressed surprise that the couple had been picked up and  
charged by police despite officers being told that they were married.

Controversies

Reports say the couple denied in their petition to the court they were  
kissing. They said they were taking self portraits on their mobile  
phones.

The lawyer who contested the case for the couple told a Delhi  
newspaper: "Obscenity charges are attracted when an act is so obscene  
that it encourages depravity or annoys the public.

"In this case both these contents are missing, because the charge  
sheet is silent on any passersby as originally claimed."

Kissing in public in India has triggered controversies in the past.

In 2007, Hollywood actor Richard Gere sparked protests in India after  
kissing Celebrity Big Brother winner and Bollywood actor Shilpa Shetty  
at an Aids awareness rally in Delhi.

The protesters said Gere had insulted Indian culture by kissing the  
hand and face of the actress.

In 2005, a court in Rajasthan imposed a fine of $22 on an Israeli  
couple for kissing after getting married in a traditional Hindu  
ceremony in Pushkar.

Priests were offended when the couple kissed and hugged during the  
chanting of religious verses.

In 2004, Bollywood film star Kareena Kapoor began legal proceedings  
against a tabloid newspaper that published photos of her kissing her  
co-star.

She and Shahid Kapoor said the photos were doctored and were not of them.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/world/south_asia/7866478.stm

Published: 2009/02/03 09:47:14 GMT

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