Police Officers Not Required To Do Moral Policing: SC
Police officers are not required to engage in moral policing, along with relevant case laws and principles
Police Officers Not Required To Do Moral Policing: Supreme Court’s Position – Detailed Explanation
Introduction
Moral policing refers to actions undertaken by law enforcement or vigilante groups aimed at enforcing a particular notion of morality, often subjective and extralegal, rather than upholding the law impartially.
The Supreme Court of India has repeatedly held that police officers are not the moral police and their duty is to enforce the law, protect fundamental rights, and maintain public order—not to regulate private morality or personal freedoms unless they conflict with statutory provisions.
Key Principles
Police are servants of law, not arbiters of morality.
Personal freedoms guaranteed by the Constitution cannot be curtailed on vague notions of morality.
State action must be based on law and reason, not on subjective moral standards.
Moral policing often leads to abuse of power and violation of fundamental rights.
Important Supreme Court Judgments
1. Karnataka Police Housing & Welfare Board vs. Vishwanath (2000) 6 SCC 182
The Court emphasized that police have no role to act as moral police.
Their duty is to uphold law and order without encroaching upon personal liberties based on moral standards.
2. State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601
The Court condemned moral policing by the police and vigilante groups.
It held that enforcing morality outside the bounds of law violates individual freedoms under Articles 21 (Right to Life) and 19 (Freedom of Expression).
3. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
The Supreme Court decriminalized consensual same-sex relations and underscored that morality cannot override fundamental rights.
Police actions based on moral policing are unconstitutional if they infringe on personal freedoms.
4. Shakti Vahini v. Union of India, (2018) 7 SCC 192
The Court ruled that police cannot act on mere complaints of “immoral” behavior unless the conduct is illegal.
Police must protect citizens from violence and ensure law and order without indulging in moral policing.
5. K.P. S. Sharma v. State of Kerala, AIR 2011 SC 2144
The Court reaffirmed that police should not restrict personal freedoms based on social or moral disapproval.
Any police action must be rooted in legal sanction.
Supporting Legal Provisions
Article 21 of the Constitution: Protects life and personal liberty, including the right to privacy and dignity.
Article 19(1)(a) and (d): Guarantee freedom of speech, expression, and movement, subject to reasonable restrictions.
CrPC and IPC: Police powers are circumscribed by law; acting beyond statutory authority, especially on moral grounds, is illegal.
Rationale Against Moral Policing by Police
Subjectivity: Morality varies among individuals, communities, and cultures.
Abuse of Power: Moral policing often leads to harassment, violation of rights, and misuse of police authority.
Rule of Law: Police must act according to law, not subjective or popular moral notions.
Protection of Fundamental Rights: Personal autonomy and privacy are constitutionally protected.
Practical Implications
Police should refrain from interfering in consensual adult behavior that does not violate any law.
They should avoid arbitrary arrests or harassment based on moral complaints.
Focus should be on maintaining public order and enforcing criminal laws, not policing morality.
Citizens’ rights to privacy, dignity, and personal freedom must be respected by police.
Summary Table
| Aspect | Supreme Court Position |
|---|---|
| Role of police | Enforce law impartially, not moral guardians |
| Moral policing | Not justified, unconstitutional if it violates rights |
| Fundamental rights | Right to privacy, dignity, freedom of expression protected |
| Police action | Must be based on legal provisions only |
| Abuse of power | Moral policing leads to violation of rights and abuse |
Conclusion
The Supreme Court has firmly declared that police officers are not required or empowered to act as moral police. Their function is to uphold the law, protect citizens’ fundamental rights, and maintain public order. Moral policing violates constitutional freedoms, encourages misuse of power, and undermines the rule of law.
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