During a recent court hearing, the Bombay High Court stated that wearing short skirts, engaging in provocative dances, or making suggestive gestures should not be automatically categorized as inherently obscene acts under Section 294 of the Indian Penal Code (IPC).
The Nagpur bench of the High Court gave the observation while declining a first information report (FIR) against five individuals booked for watching a dance performance by women in short clothes, and showering fake currency notes on them as they danced.
Justices Vinay Joshi and Valmiki SA Menezes presided over the case, responding to a petition filed by the accused individuals who were facing prosecution based on information received by the police on May 31, 2023, India Today reported.
As per the First Information Report (FIR), six women were allegedly observed wearing revealing attire and performing provocative dances, during which the audience reportedly showered them with imitation Rs 10 notes. These women, described as being dressed in scanty clothing, were purportedly making explicit gestures. Additionally, the police found three bottles of alcohol on the premises, leading to subsequent arrests under sections pertaining to obscenity.
We are of the considered opinion that the acts referred in the complaint/FIR, namely wearing short skirts, dancing provocatively or making gestures that the police officials consider obscene cannot be termed to be per se obscene acts, which could cause annoyance to any member of the public, the Ccurt noted. The Bombay HC further added that a police officer in his personal opinion might consider such acts as obscene but that it would be retrograde if the court took a narrow view as to what could constitute obscenity. We prefer taking a progressive view in the matter and are unwilling to leave such a decision in the hands of police officials, the bench said.