In a recent decision, the Bombay High Court has determined that wearing short skirts, dancing provocatively, or making suggestive gestures should not automatically be considered as obscene acts under Section 294 of the Indian Penal Code (IPC).

The court arrived at this conclusion when dismissing a First Information Report (FIR) filed against five individuals who were alleged to have watched a dance performance by women wearing short attire and had showered fake currency notes on them.

The Nagpur bench of the High Court, with Justices Vinay Joshi and Valmiki Sa Menezes presiding, acknowledged the prevailing moral standards within Indian society. Nevertheless, they also noted the growing trend of women wearing revealing clothing, including swimsuits, which has become more commonplace and socially acceptable.

The judges emphasized that actions like wearing short skirts, dancing provocatively, or making gestures, which might be considered obscene by law enforcement officials, should not automatically be classified as acts capable of causing public annoyance.

The case revolved around a raid carried out at a banquet hall in Nagpur, where six women were discovered dancing in attire considered short, and they were alleged to have made obscene gestures. The prosecution's argument was that the customers at the hall also partook in the dance and showered counterfeit currency notes on the women, which they contended justified the filing of the First Information Report (FIR) under Section 294 of the Indian Penal Code (IPC).

Nevertheless, the court pointed out that the First Information Report (FIR) did not contain any explicit allegations that the accused individuals had engaged in acts of obscenity or had caused annoyance to the public. As a result, they determined that the essential components of an offense under Section 294 were absent in the complaint, leading to the quashing of the FIR.

The ruling by the Bombay High Court underscores the significance of recognizing evolving societal norms and adopting a progressive approach when interpreting laws pertaining to obscenity. It reflects the court's acknowledgment of changing attitudes and behaviors in society and the need for legal interpretations to align with these developments.