Public Masturbating is it a Crime ?

Public Masturbating, is it a Crime?

Public Masturbating, is it a Crime? well Sexual crimes behind closed doors come under the category of crime but there is no law for a crime like masturbating which is done publicly. Unlike rape and assault evidences against the masturbatory cannot be collected and therefore there is no law for the same. Where there is no law for a crime, there will be no data and that is why seriousness of the issue cannot be brought before the masses. Cases of public masturbation can be filed under section 354 of the Indian Penal Code, which deals with “Assault or use of criminal force to woman with intent to outrage her modesty”, Section 268, which has provision related to “Public Nuisance” and Section 509, which deals with “word, gesture or act intended to insult the modesty of a woman”.

In a layman language crime means an illegal act for which someone can be punished or an act that is wrong and victim means a person who has suffered any loss due to an unpleasant event. After considering the meaning of crime and victim, it is crystal clear that the person who does masturbating in public commits a crime and the person who encounters it, is a victim. Then why there is negligence from the side of law makers.

Victim of such an incident can be of any age group.  A girl who is a teenager when experience such an incident she cannot react to the same immediately but gets a mental shock and that can puts an everlasting impression on her mind. But the wrongdoer enjoys the moment after achieving his so-called motive of either seeing someone in distress or eagerness to show his man power.

The magnitude of the problem needs to be realized and action for the same is required. In the present scenario, victims are gathering strength and trying to raise their voice through social platforms but it is not a solution. Hardly any case registered in the court to seek help. Till the time it will not be categorized under the category of crime, the seriousness and the awareness cannot be spread and women have to face stigma and suffering attached to it.

It has been declared as an offence in countries like UK and Indonesia. India should not stay a step behind to bring solution for a problem like this as an Indian woman also has the right of freedom of movement given by the constitution.

Article by – Ruchika Surana

 

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