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UI’m not looking to file a case now, just trying to understand the legal position and my rights better.
Even if i wanted to file one.. Could I file a case and if i did, will it be taken seriously??
A year ago, I was walking on footpath of the Marina Beach to Santhome area in Chennai along with my partner at around 10pm. Something traumatic happened to me.
Two police officers stopped us and began questioning us.
About who we are, where we come from, what are we doing here, etc. I just thought they were looking out for our safety. We answered calmly.
They thought I was a minor so I showed them my ID proof. Even after verification, they continued to harass us because we were walking together. They asked us about our caste and after knowing that we are from different castes they threatened to inform our parents and to escalate the issue. They were verbally abusing us. They tried to take a picture of my partner as well as me. They even tried to take us to the police station. The whole time, we are patiently answering all their questions.
They then proceeded to note down all our details and took our pictures. We repeatedly made them aware that we are not minors. We were above 18. They weaponised the fact that we are in a inter-caste relationship and used that to threaten us and also discriminate against us. They made so many derogatory comments about us that are regressive and conservative. The police acted based on their moral code and not based on legality.
At that time, i didn’t know any better and we didn’t file any complaint about this. I am wondering if any of that was even legal now.
We were not doing anything illegal and just walking in a public place.
But they
– Asked for our castes and seemed concerned that we were from different castes
– Made moral comments about us being together
– Threatened to inform our parents
– Spoke aggressively and tried to intimidate us
– Attempted to take photos of us
Isn’t it violating so many principles??
IPC 341 Wrongful restraint.
IPC 503-506 Criminal intimidation
IPC 166 Acting outside lawful authority (moral policing, caste-based questioning unrelated to any offence) and causing harm/harassment. (Public servant disobeying law causing injury)
IPC § 167 / 219
Using official position to act maliciously or record things improperly
MOST IMPORTANTLY,
Violation of Constitutional Rights
Article 19 → freedom of movement
Article 21 → right to privacy & dignity
Includes:
autonomy in relationships
protection from humiliation
right against moral policing
Supreme Court has repeatedly upheld right to choose partner (including inter-caste)
Location: Chennai
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Uwhat happened does sound more like moral policing than a normal safety check especially once the questioning shifted toward caste relationship and involving parents despite both of you being adults the part that usually matters in situations like this is whether there is any independent proof or record because after a year these things often become difficult to establish beyond personal accounts even if the experience itself was very real also the fact that they tried to photograph and intimidate you seems to be what affected you most here have you and your partner ever written down the full sequence of events somewhere in detail while the memory is still clear or has it mostly stayed as something you both just remember and discuss privately
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