2014 Kiss of Love protest

Section 294(a) of the Indian Penal Code states that "Whoever, to the annoyance of others, does any obscene act in any public place shall be punished with imprisonment for a term which may extend to three months, or with fine, or with both".^[9] IPC does not define the word 'obscene', hence it is interpreted differently by different authorities. The Supreme Court has noted that '"obscenity" should be gauged with respect to contemporary community standards'.^[10]

The court has also observed that the 'standards of contemporary society in India are ... fast changing' in Chandrakant Kalyandas Kakodar vs The State Of Maharashtra And Ors (1969).^[11] Regarding 'contemporary community standards', the Supreme Court has noted that it is not 'the standard of a group of susceptible or sensitive persons' that can be held as the standard of the community, in Aveek Sarkar & Anr vs State of West Bengal And Anr (2014).^[12] Regarding social morality, the Supreme Court has observed that "notions of social morality are inherently subjective and the criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy" in S. Khushboo vs Kanniammal & Anr (2010).^[10] Now regarding kissing and hugging in public places, the Supreme Court of India has made it clear that 'no case can be made out' of two people consensually hugging and/or kissing.^[13][14] The Supreme Court gave this verdict in response to a petition by actor Richard Gere to quash the arrest warrant issued by a Jaipur court. The arrest warrant was issued after the actor had taken Shilpa Shetty in his embrace and kissed her on the cheek at an AIDS awareness program.^[15] A verdict by the Delhi High Court has also made it clear that kissing in public is not a criminal offense.^[16]

The Kiss of Love protest began in October 2014 when Jai Hind TV, a Malayalam news channel owned by the Indian National Congress, telecast an exclusive report on alleged immoral activity at the parking space of Downtown Cafe in Kozhikode.^[17] The video showed a young couple kissing and hugging each other.^[18] A mob of attackers, who were later identified as belonging to the Bharatiya Janata Yuva Morcha, vandalized the cafe following the report.

Following this, a group of friends from a Facebook page called 'Freethinkers', started the Facebook page 'Kiss of Love'.^[19] Kollam-based women's rights activist Resmi R Nair was the co-founder and spokesperson of the Kiss of Love protest.^[20] Activists from all over Kerala decided to protest against the series of moral policing incidents by organizing a public event at Marine Drive Beach, Kochi on November 2.^[21]

The event gathered support from educational institutions outside of Kerala including the University of Hyderabad, JNU Delhi, IISER Kolkata, Pondicherry University, IIT Madras, and IIT Bombay.^{[43][44][45][46][47][48][excessive citations]} Students from Jadavpur University and Presidency University, Kolkata organized similar protests against moral policing in Kolkata on 5 November 2014.^[49][50] The Kolkata chapter also protested against the authorities of North Kolkata's Star Theatre for allegedly refusing entry to a 17-year-old girl because she was dressed in a skirt.^[51]

On November 8, a group of protestors demonstrated by kissing and hugging outside RSS headquarters in Delhi.^[52] While JNU students were at the forefront, there were representatives from several universities in the city such as Delhi University, Jamia Millia Islamia, Ambedkar University Delhi, and National Law University.^[53] Hindu Sena members arrived on the scene stating that the "Western culture was corrupting and degrading Indian culture".^[54] Hindu Sena members tried to physically attack kissing couples.^[55] On November 9, a similar protest was organized by students on the JNU campus, in solidarity with those who courted police action at the 'Kiss of Love' event in Kochi on November 2.^[56] A Kiss of Love event that was scheduled for 30 November in Bengaluru was canceled when permission for the protest was denied by Bengaluru Police.^[57][58]

Kiss of Love was met with opposition and criticism from certain sections of Indian society.^[59] Several religious and political groups such as Bharatiya Janata Yuva Morcha, SDPI, Sunni Yuvajana Sangham, Vishva Hindu Parishad, Shiv Sena, Bajrang Dal, Hindu Sena, Campus Front, Samastha Kerala Sunni Yuvajana Sanghom, Pattali Makkal Katchi, Hindu Makkal Katchi, and the Ernakulam wing of Kerala Students Union opposed this movement.^{[25][26][27][28]} These opposing groups claimed that public display of affection is against both Indian culture and the law of the land (under section 294 of the Indian Penal Code).^[60] The Kerala State Women's Commission opposed Kiss of Love stating that it was against the culture of Kerala.^[43][61]

The proposed Kiss of Love event in Bengaluru received opposition from several quarters including Manjula Manasa, chairperson of the Karnataka State Women's Commission,^[62] Akhil Bharatiya Hindu Mahasabha, several Congress and BJP leaders, and various Hindutva proponents also opposed it.^[63] Bengaluru Police refused permission for the event, stating that kissing is an obscene act.^[58][64] Pramod Muthalik of Sri Ram Sena, the organizer behind the 2009 Mangalore pub attack, threatened to take the law into his hands if the campaign was held.^[65]