Wearing short skirts, dancing provocatively not obscene acts: Bombay High Court

Wearing short skirts, dancing provocatively or making gestures cannot be considered obscene acts per se under Section 294 of the Indian Penal Code (IPC) which punishes such acts, the Bombay High Court recently said [Lalita Bais & Ors. v. State of Maharashtra]. .The Nagpur bench of the High Court made the observation while quashing 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 the them as they danced.A division bench of Justices Vinay Joshi and Valmiki Sa Menezes said that it is mindful of the general norms of morality prevalent in the present Indian society but it has now become quite common and acceptable for women to wear swimming costumes or revealing attire. “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 Court noted.It further said 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 made it clear..“We often witness this manner of dress in films that pass censorship or at beauty pageants held in broad public view, without causing annoyance to any audience. Surely the provisions of Section 294 of the Indian Penal Code (IPC) (obscenity) would not apply to this situation. We are unable to countenance a situation where acts such as the ones referred to in the FIR would be judged by a police officer, who in his personal opinion considers them to be obscene acts to cause annoyance to any member of the public. Taking a narrow view as to what acts could constitute an obscenity would be a retrograde act, on our part. We prefer taking a progressive view on the matter and are unwilling to leave such a decision in the hands of police officials,” the Court observed..The prosecution's case was that after a raid was conducted at a banquet hall in Tirkhura's Tiger Paradise Resort and Water Park in Nagpur district, six women were found in a hall dressed in short clothes and dancing provocatively while making obscene gestures. Additionally, the prosecution claimed that the customers were also participating in the dance and showering fake currency notes on the women, thereby justifying the registration of the FIR under Section 294 (obscene acts and songs in public) of the Indian Penal Code (IPC).Five of the customers who were booked moved the Court to quash the FIR. .The Court noted that there was no allegation in the FIR that the five applicants had indulged in any acts of obscenity or committed obscene acts that caused annoyance to members of the public. “There is no fact stated in the complaint that any specific person felt a sense of annoyance. Consequently, we hold that the ingredients of an offence under section 294 are not made out in the FIR/ complaint,” the Court held, while quashing the FIR..Advocate AA Naik appeared for the accused. Additional public prosecutor SS Doifode appeared for the State. .[Read Judgment]