This article is written by Sneha Ray of 5th Semester of University Law College, Vinoba Bhave University, Hazaribagh Jharkhand, an intern under Legal Vidhiya
Abstract
Social media and changing social values have brought the concept of moral policing into sharp focus in contemporary India. Acts of moral policing, often carried out by private groups or authorities, interfere with individual autonomy, personal liberty, and constitutional freedoms. Constitutional courts in India play a crucial role in examining the legality of such actions and ensuring that fundamental rights are not violated in the name of public morality. This article analyses the role of constitutional courts in addressing moral policing, with special reference to the protection of freedom of expression, personal liberty, and privacy under the Indian Constitution. It further examines landmark judicial decisions that have restrained arbitrary moral policing and emphasized constitutional morality over social or cultural morality. The study highlights how courts act as guardians of fundamental rights while maintaining a balance between individual freedom and societal interests.
Keywords
Constitutional Courts, Moral Policing, Fundamental Rights, Freedom Of Expression, Judicial Review, Indian Constitution.
Introduction
In a constitutional democracy like India, constitutional courts play a crucial role in protecting fundamental rights and upholding the rule of law. These courts act as guardians of the Constitution and ensure that individual freedoms are not violated by arbitrary state actions. At the same time, Indian society often witnesses instances of moral policing, where individuals or groups attempt to impose their own moral standards on others, frequently restricting personal liberty and freedom of choice.
Moral policing in India is commonly seen in matters related to personal relationships, dress, social behavior, freedom of expression, and lifestyle choices. Such actions are often justified in the name of culture, tradition, or public morality, but they raise serious constitutional concerns. These practices frequently conflict with fundamental rights guaranteed under Part III of the Constitution, particularly Articles 14, 19, and 21.
Constitutional courts, especially the Supreme Court and High Courts, have repeatedly intervened to curb moral policing and protect individual autonomy. Through various landmark judgments, the judiciary has emphasized that morality cannot override constitutional values and that personal liberty is central to a democratic society. Courts have clarified that the Constitution protects not only popular choices but also unpopular and unconventional ones.
This article examines the role of constitutional courts in addressing moral policing in India. It analyzes how judicial interpretations have strengthened the protection of personal liberty, dignity, and freedom of expression while balancing societal interests and constitutional morality. The study also highlights significant judicial decisions that have shaped the legal understanding of moral policing and reaffirmed the supremacy of constitutional values over societal moral judgments.
Concept of Moral Policing in India
Moral policing refers to the act of enforcing certain social, cultural or moral standards on someone’s personal choices, behavior or lifestyle. In India, moral policing is usually carried out by non-state actors such as self-proclaimed guardians of culture, social groups or sometimes even local authorities. Moral policing is not always exercised by the State alone; it often carried out by self-appointed groups or individual who claim to protect social or cultural values, even without any legal authority. This acts are justified in the name of protecting Indian culture, traditions, public morality. However, in many cases, such actions result in violation of individual freedoms and personal autonomy.
In a diverse and democratic country like India, morality varies from person to person and community to community. What may be considered acceptable by one group may be unacceptable to another. Moral policing often targets personal choices related to clothing, relationships, food habits, lifestyle and social behavior. This form of policing is frequently directed against women and young adults, thereby reinforcement patriarchal and conservative social structure. Such interference restrict an individual’s right to live freely and make personal decisions without fear or coercion. Acts of moral policing often take place in public spaces, where individuals are shamed or harassed under the guise of maintaining public decency.
Moral policing has no clear legal definition under Indian law, yet its presence is widely felt in society. These actions frequently go beyond lawful limits and lead to harassment, intimidation and sometimes violence. In many instances, moral policing operates in conflict with the rule of law, as it bypasses due process and undermines individual autonomy. The lack of legal backing for moral policing makes, policing makes it a serious concerns, as it undermines the principal of liberty, equality and dignity guaranteed by the Constitution of India. Therefore, moral policing represents a clash between personal liberty and socially imposed morality.
Role of Constitutional Courts in Moral Policing
Constitutional Courts in India, namely the Supreme Court and the High Courts- are established directly by the Constitution under Articles 123 and 214 respectively, play a decisive role in protecting the constitutional rights of individuals and maintaining the balance between State authority and personal liberty. These courts function as the guardians of the Constitutin and ensure that all laws and actions of the State conform to constitutional principles. In matters relating to moral policing, the role of Constitutional Courts becomes particularly significant, as such practices often threaten individual freedom, dignity, and autonomy. In India, the incidents related to moral policing are reported, especially involving youths and personal relationships.
Moral policing generally refers to actions taken by State authorities, law enforcement agencies, or even non-state actors to control or regulate personal behaviour based on societal or cultural notions of morality. These actions may involve interference in matters such as choice of clothing, relationships, public conduct, or lifestyle preferences. While moral values may differ across societies, Constitutional Courts have consistently held that personal morality cannot override constitutional rights. The courts emphasize that in a democratic society governed by the rule of law, individual freedom must be respected unless it clearly violates a specific law.
One of the most important constitutional provisions applied by courts in cases of moral policing is Article 21 of the Indian Constitution. Over the years, Article 21 has been interpreted expansively to include the right to privacy, dignity, autonomy, and personal choice. The personal choices like lifestyle, relationships are the essential part of individual’s dignity and cannot be controlled by any pressure. Constitutional Courts have repeatedly affirmed that adults have the freedom to make decisions regarding their personal lives, and any unnecessary intrusion into such decisions amounts to a violation of their fundamental rights. Acts of moral policing that infringe upon personal liberty or dignity are therefore subject to strict judicial scrutiny.
Furthermore, Constitutional Courts also protect freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. Moral policing often leads to suppression of expression, especially when individuals are penalized for expressing views or engaging in conduct that is perceived as socially unacceptable. Although the State has the power to impose reasonable restrictions under Article 19(2), such restrictions must be lawful, necessary, and proportionate. The courts ensure that morality is not used as a vague or arbitrary ground to curb fundamental freedoms.
Constitutional Courts also rely on the principle of constitutional morality while dealing with cases of moral policing. Constitutional morality requires adherence to the values enshrined in the Constitution, such as liberty, equality, and dignity, rather than enforcing social or popular morality. Courts have clarified that the Constitution protects individual rights even if they go against prevailing social norms. This approach strengthens democratic values and prevents the misuse of power by authorities under the guise of protecting morality.
In addition, Constitutional Courts exercise the power of judicial review to examine the legality and constitutionality of laws, executive actions, and police conduct related to moral policing. Through judicial review, courts can strike down unconstitutional laws, issue guidelines to prevent misuse of authority, and provide remedies to victims of moral policing. This ensures accountability of State institutions and discourages arbitrary interference in personal lives.
Overall, the role of Constitutional Courts in addressing moral policing is essential in upholding the supremacy of the Constitution. By protecting fundamental rights, enforcing constitutional morality, and restraining arbitrary State action, the courts act as a safeguard against excessive control over individual behaviour. Their intervention ensures that personal liberty and human dignity are preserved while maintaining a balance between societal interests and individual rights in a constitutional democracy.
Case laws on Moral Policing
KS Puttaswamy v. Union of india (2017)
This case was the landmark judgment of Supreme Court of India . The issues that occurred were it was questioned that whether the Right to Privacy is a fundamental right or not. The case came under the context of aadhaar scheme. The Supreme Court made the bench of 9 judges.
The court held that the Right to Privacy is a Fundamental right under Article 21 .The right to privacy deals with individual dignity, autonomy and personal choices. The state does not interfere in someone’s personal life without any valid reason.
The moral policing controls the personal choices. The right to privacy includes choosing relationships, lifestyle, personal space etc. I the state or police interfere in it without any law it is the violation of Article 21.
The court said that the constitution keeps the individual in centre and the importance of constitutional morality is much higher than the social morality. The moral policing majorly based on social morality and the courts reject it.
This case leads to the strongest protection against moral policing. And the active role of courts can be seen that the in the name of the privacy the unnecessary interference is illegal.
Navtej Singh Johar v. Union of India
This case challenged the section 377 of IPC. The issue occurred was that whether the consensual adult relationships should be criminalized or not.
The court held that the consensual adult part of section 377 is unconstitutional. The sexual orientation is the part of individuals identity and dignity. And it was the violation of article 14, 15, 19 and 21 of Indian Constitution.
The laws cannot be the idea for the societies acceptable behavior. The state cannot enforce morality on private life. And the controlling of adult choices is a form of moral policing.
The court clearly mentioned that the constitutional morality is greater than the social morality. And it the duty of courts to protect the minorities and unpopular choices.
This case worked as the judicial shield against the moral policing and gave recognition to the personal autonomy. And also lead to the court to work as the protector of individual liberty.
Shafin Jahan v. Asokan K.M (2018)
Shafin Jahan and Hadiya were the married couple. Hadiya was an adult women who accepted the Islam by her own choice.
Hadiya’s father filed the case claiming that her daughter was brain washed and it is the case of Love Jihad.
The Kerela High Court annul the marriage.
The case was brought to the Supreme Court were the decision of the Kerela High Court was set aside. The court said that the adults have full right to take life decisions. The choice of marriage, religion and partner is the part of personal liberty. The parents, society or the state does not have any right to decide that who will marry whom or which religion should be followed.
The court indirectly observed that when the courts pr any authorities interfere in adult choices then it takes the form of moral policing. That’s the reason the choice is not acceptable by the society, but it cannot be said illegal.
The constitutional principles that was involved were Article 21, Individual autonomy and freedom of choice. This judgment strengthened the idea of personal autonomy and it limited unnecessary moral interference by the state.
Conclusion
In contemporary Indian society, moral policing has emerged as a serious challenge to individual freedom and personal autonomy. With changing lifestyles and increased public scrutiny, people often face interference in their private choices, which raises important constitutional concerns. Such actions, when unchecked, undermine the core values of liberty, dignity and equality guaranteed by the Constitution of India.
In this scenario, constitutional courts act as guardians of fundamental rights. Through judicial interpretation and landmark rulings, the courts have emphasized that constitutional morality must prevail over social or popular morality. By giving a broad and progressive meaning to Articles 14, 19 and 21, the judiciary has protected citizens from arbitrary restrictions imposed in the name of culture or morality. Judgments like K.S. Puttaswamy v. Union of India and Navtej Singh Johar v. Union of India clearly establish that personal choices and individual identity deserve constitutional protection.
At the same time, the courts have recognized the need to maintain a balance between social order and individual liberty. Moral policing based on subjective beliefs cannot be permitted in a democratic society governed by the rule of law. Therefore, a rights-based and constitutional approach is essential to address such issues.
In conclusion, constitutional courts play a decisive role in limiting moral policing and upholding democratic values. Their interventions reinforce the supremacy of the Constitution and ensure that personal freedom is not sacrificed at the altar of societal prejudice.
References
- INDIA CONST. art.14
- INDIA CONST. art. 19, cl.(1)(a)
- INDIA CONST. art.21.
- Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors., (2017) 10 SCC 1; AIR 2017 SC 4161.
- Navtej Singh Johar and Ors. v. Union of India AIR 2018 SC 4321 / (2018) 10 SCC 1
- Shafin Jahan v. Asokan K.M (2018) 16 SCC 368, AIR 2018 SC 1933, or 2018 SCC Online SC 343
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