As soon as Holi arrives, there is an atmosphere of colors and gulal everywhere. But, amidst this happiness, some people forcefully apply colors on others, which is absolutely wrong. The law does not give anyone the right to apply colors against your will or harass you by saying, “Don’t feel bad, it’s Holi!” Even on Holi, there are laws to protect your safety, privacy and dignity. Additionally, if someone tries to paint, follows you, harasses you, or uses force despite your refusal, various sections of the Indian Penal Code (IPC) can be invoked immediately. In an exclusive interview with NDTV on this issue, Delhi High Court Advocate Deepak Thukral explained the sections under which the accused can be punished and the victim can get justice. Let us know…
1. BNS Section 74 (Forcibly applying colour, touching, hugging)
Under Section 74 of the Indian Penal Code, touching a woman without her consent, forcibly applying color, hugging her or doing anything that insults her modesty is considered a punishable offence. This section is also directly applicable if a man forces himself on a woman on the pretext of Holi. This crime can result in a jail term of one to five years and a fine. Advocate Deepak Thukral says that earlier cases in this regard were registered under Section 354 of the Indian Penal Code.
2. BNS Section 75 (Sexual Harassment)
Under Section 75 (Sexual Harassment) of the Indian Penal Code, touching a woman without her consent, making physical contact, making obscene gestures, making obscene acts or doing anything that makes her feel uncomfortable is considered a direct offence. Even on the day of Holi, if someone tries to forcefully approach a woman or makes obscene gestures, this section immediately applies. In such cases, the accused may be jailed up to 3 years, fined or both.
3. BNS Section 79 (outraging the modesty of a woman or making obscene gestures)
Under Section 79, speaking words, making gestures or doing any act with intent to outrage the modesty of a woman is considered a punishable offence. Making dirty comments, making dirty gestures or any behavior that harasses a woman in the name of Holi comes under this section. In such crimes, the punishment can be up to 3 years in jail and fine.
4. BNS Section 115 (2) (causing hurt)
Under section 115(2), it is a criminal offense to cause hurt to any person, such as by pushing, hitting, or by burning, causing hurt or harm with chemical dyes. This section applies when, on the pretext of Holi, someone causes harm to someone with colors that are likely to cause burning or injury. This crime can result in imprisonment up to one year, fine or both.
5. BNS Section 270 (Public Nuisance)
Section 270 makes public nuisance a punishable offence. Creating ruckus on the streets during Holi, making loud noise, forcefully throwing buckets of water, blocking roads or obstructing the movement of people, all these come under the ambit of public nuisance. In such cases, fine is imposed as per law.
important things
Women and girls have the right to refuse getting colored.
Applying color to someone without their consent is a legal offence.
You cannot escape the crime by saying that it is a joke or Holi.
Immediate action is taken upon receiving the complaint.
Depending on the crime, the culprit may also be arrested immediately.
