Moral Policing and Women's Constitutional Rights

Source: Madras High Court 

Why in News? 

Justice L. Victoria Gowri of the Madras High Court in the case of Navanitha v. The State of Tamil Nadu and A. Arun Kumar (2025) addresses the critical issue of moral policing and its direct link to the suicide of a woman, while strengthening bail conditions to deter such conduct.  

• It further highlighted that women, especially in rural areas, are often the worst victims of moral policing and such moral policing infringes their fundamental rights under Article 21 of the Constitution of India, 1950 (COI). 

What was the Background of Navanitha v. The State of Tamil Nadu and A. Arun Kumar (2025) Case? 

• The case originated from Crime No.439 of 2024 registered at Chinnamanur Police Station. 
• The case was initially registered under Section 194(3) of the Bharatiya Nyaya Sanhita, 2023 (relating to suspicious death) following the death of the petitioner's daughter by suicide. 
• During investigation, it was revealed that the accused, A. Arun Kumar, locked the door of the deceased's house from outside while she was inside conversing with another man, when her husband was away for work in Kerala. 
• This incident triggered rumours of an illicit relationship between the deceased and the man she was with, which spread throughout the village. 
• The rumours brought dishonour and disgrace upon the deceased in the eyes of villagers due to the perceived breach of social norms. 
• Unable to bear the social humiliation and ostracization, the deceased committed suicide. 
• The police arrested both A. Arun Kumar and Ramkumar in connection with the case. 
• A. Arun Kumar was remanded to judicial custody but was enlarged on bail within eight days. 
• Aggrieved by the early grant of bail, the petitioner filed Crl.M.P.No.542 of 2025 seeking cancellation of bail. 
• The learned Sessions Judge rejected the bail cancellation petition on the ground that no compelling case was made out. 
• The present revision was filed challenging that order. 

What were the Court's Observations? 

• The bench expressed serious concern about moral policing as a dangerous and regressive practice with no legal sanction, emphasizing that women in rural societies are the worst victims of such vigilante acts. 
• The Court held that moral policing violates Article 21 of the Constitution, which protects dignity and personal liberty, and contributes to social ostracisation and tragic consequences. 
• The bench emphasized that India's international obligations under CEDAW and ICCPR, read with Article 21, mandate safeguarding women from vigilante actions that tarnish their dignity and compromise fundamental rights. 
• The Court balanced the rights of the accused under Article 21 with the societal interest in preventing moral policing. 
• The Court declined to cancel the bail but strengthened the bail conditions as a deterrent against moral policing. 
• The Criminal Revision Petition was disposed of with modification in bail conditions. 

What is Moral Policing? 

• Moral policing refers to the practice of self-appointed individuals or groups enforcing their perception of morality and social norms on others. 
• It typically involves vigilante actions where individuals take it upon themselves to monitor, control, or punish conduct they deem immoral or socially inappropriate. 
• Moral policing often targets women, particularly in rural and traditional communities, restricting their personal freedoms and autonomy. 
• Such actions lack any legal sanction and are driven by subjective interpretations of social morality. 
• Moral policing frequently results in social ostracization, harassment, and psychological trauma for victims. 
• In severe cases, as evidenced in this judgment, moral policing has driven victims to tragic consequences including suicide. 
• In rural communities, moral policing has led to honour killings, forced marriages, suicides, and other forms of violence against women. 

What is Article 21 of the COI?  

About:  

• Article 21 deals with the protection of life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to procedure established by law. 
  • The right to life is not merely confined to animal existence or survival but also includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living. 
• Article 21 secures two rights: 
  • Right to life 
  • Right to personal liberty 
• This article is characterized as the procedural Magna Carta protective of life and liberty.  
• This fundamental right is available to every person, citizens and foreigners alike. 
• The Supreme Court of India has described this right as the Heart of Fundamental Rights.  
• This right has been provided against the State only.

Rights under Article 21:

• The rights that Article 21 covers are as follows:  
  • Right to privacy  
  • Right to go abroad  
  • Right to shelter  
  • Right against solitary confinement  
  • Right to social justice and economic empowerment  
  • Right against handcuffing  
  • Right against custodial death  
  • Right against delayed execution  
  • Doctors’ assistance   
  • Right against public hanging  
  • Protection of cultural heritage  
  • Right to pollution-free water and air  
  • Right of every child to a full development  
  • Right to health and medical aid  
  • Right to education  
  • Protection of under-trials 

Case Laws:  

• In Francis Coralie Mullin v. The Administrator (1981), Justice P. Bhagwati had said that Article 21 of the COI embodies a constitutional value of supreme importance in a democratic society 
• In Kharak Singh v. State of Uttar Pradesh (1963), the Supreme Court held that by the term life, something more is meant than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by amputation of an armored leg or the pulling out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world.