Is it illegal for couples to roam out late at night?

In light of the recent incident involving a couple illegally "fined" for walking after 11 p.m. by two Bengaluru cops, what are the legal rights that couples should be aware of?

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RECENTLY, in a disturbing occurrence in Karnataka, a married Bengaluru couple was threatened and harassed by two police officers for walking on a street after midnight. Karthik Patri, who was compelled to pay Rs 1,000 using the online payment app Paytm for 'breaking the law,' tweeted about his ordeal.

After attending a friend's birthday celebration, Karthik and his wife were returning to their house when they were stopped by two police officers for allegedly "breaking the law." The two police officers questioned them for their ID cards just for taking a stroll on the street at night.  The couple was not only interrogated repeatedly about their relationship but their mobile phones were seized.

One of the officers then pulled out what seemed to be a challan book and began writing down their names and Aadhaar numbers. The couple, sensing danger, inquired as to why they had been given a challan. They were then informed that they are not "allowed" to "roam on the road" after 11 pm. Unaware of the law Karthik and his partner then apologised for not knowing the restriction and promised to never leave the house at night again. However, the policemen refused to let the couple go and kept harassing them while demanding Rs 3,000 as a fine.

Karthik then requested to pay Rs 1,000, which the policemen accepted with a strict warning that the couple would face "dire consequences" and a serious case would be filed against them if they were seen walking along the street again post 11 pm. After being assaulted by the police, Karthik resorted to Twitter to ask if there is a restriction on couple movement at night. The post went viral on Twitter, with many reacting furiously to the Bengaluru Police's actions and feeling terrible for the couple's ordeal.

In the response to the Twitter thread, Anoop A. Shetty, Deputy Commissioner of Police, North East Division, Bengaluru City, expressed gratitude to Karthik for bringing the issue to their attention, clarified that there is no such law, and promised him disciplinary actions that later lead to the suspension of the accused policemen.

Also read: Police harassment of Delhi riot victim 'real', not 'illusory', says Delhi court

What basic rights were violated by the behaviour of the two policemen?

This is not the first time police abused their powers and harassed citizens owing to a lack of awareness of the fundamental rights guaranteed by the country's constitution. In this case, several fundamental rights such as those guaranteed Article 19 (freedom of expression), Article 20 (protection in respect of conviction of offences), and Article 21 (right to life and personal liberty) of the Constitution were violated. Article 21 protects the fundamental rights to life and personal freedom, including the right to live together without hindrance, and it was unlawful to harass them.

Any citizen can immediately approach constitutional courts (that is, the high courts and the Supreme Court) directly if their Fundamental Rights are infringed.

Is roaming around with one's partner in public an obscene act?

Police frequently abuse this rule, which specifies that any "obscene behavior" in public areas will result in a three-month sentence under Section 294 (obscene acts and songs) of the Indian Penal Code. Therefore, you cannot be detained by the police using obscenity if you are simply walking with your companion.

One must refrain from any type of sexual activity, nudity, and behaviours that are prohibited by section 294 in order to respect the fact that a public place is shared by families, couples, and people. At the same time, it's important to remember that basic acts of affection like kissing and hugging are not illegal. On the other hand, extortion of money by police and thrashing in the name of moral policing by self-righteous goons are significant offenses that require harsh legal punishment.

Is moral policing by police officers legal in India?

In India, moral policing is a catch-all word for vigilante organizations that act to impose a moral code. It is a method for restricting those who violate our society's core principles. Although provisions in the Indian Penal Code and Code of Criminal Procedure are per se silent on moral policing, it is a serious breach of the basic rights protected by the Constitution.

This is prohibited moral policing and is not allowed. One can voice one's grievance to the offending police officer's superiors in the police department. Always cooperate with the police to do their public responsibility, but do not allow your own freedoms jeopardized in any manner.

Also read: Allahabad HC protects couple from police harassment under new "Love Jihad" law after 3 years of marriage

Could the couple have been detained in any situation?

Couples getting jailed frequently make headlines, although there may be a number of other causes for such arrests but individuals above the age of 18 years, whether married or single, who are in consensual relationships and have valid identification are not susceptible to arrest. Couples are regularly subjected to harassment in the name of "protecting their dignity." Furthermore, because a woman was involved in the incident, only female police may arrest a woman, and a woman cannot be detained at night (unless in an emergency)

A person who has been wrongfully held has the right to seek compensation. The writ of Habeas Corpus is one of the most powerful remedies for an unlawful or erroneous arrest. Some other remedies available to the concerned individual include a complaint against the arresting officer, an injunction, and a lawsuit for monetary damages.