Picture this: you’re at a concert in Bangladesh, singing along with the crowd, losing yourself in the moment. Then, out of nowhere, you spot a young couple sharing a kiss like it’s the last night on Earth. What do you do? Broadly, you have two choices:
Option A: Whip out your phone, snap a picture, and post it on Facebook with a dramatic caption like “Is this the freedom we fought for?”
Option B: Mind your own business and go back to enjoying the music.
While concert-goers frequently complain about poor event management or having to endure weed-smoke-filled air, the conversation recently took a sharp turn toward a different issue: public displays of affection. Specifically, the legal and ethical implications of kissing in public spaces, and whether it’s acceptable to photograph such moments without consent and circulate them on social media.
The debate reignited after a photo of a couple kissing at Atif Aslam’s concert went viral. The post sparked an uproar, with some harshly criticising the couple for their actions, while others condemned the photographer for violating their privacy.
One common argument against public kissing, often backed by references to Section 294 of the Penal Code XIV, 1860, states:
“Whoever, to the annoyance of others, (a) does any obscene act in any public place… shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.”
But what constitutes an “obscene act,” anyway?
To understand the legal side of things, we spoke to a lawyer who, under anonymity, explained, “There’s no law in Bangladesh that outright bans kissing in public. Section 294 of the Penal Code is open to interpretation, and ‘annoyance’ is subjective. The law doesn’t define obscenity clearly. Even if we refer to Ain Shobdokosh (Law Glossary) by former Chief Justice Mohammad Habibur Rahman and Prof. Anisuzzaman, there’s no mention of kissing being considered obscene. Now, if we go back to the law, it says, ‘to the annoyance of others.’ Did the couple intend to annoy anyone? Only they can answer that.”
He added, “Even if you invoke the Pornography Control Act 2012, what the couple did doesn’t fall under the definition of pornography.”
We also asked if there are any laws that protect people from the kind of harassment this incident led to. The lawyer pointed to the Cyber Security Act 2023. “Under Chapter VI, Section 29, it states that if someone publishes or transmits defamatory content as described in Section 499 of the Penal Code, in any electronic format, they commit an offence.”
So, it’s clear that the law protects against the online harassment that follows.
From a sociological perspective, Dr Samina Luthfa, Assistant Professor of Sociology at Dhaka University, criticised the actions of those who take such photos. “Uploading these images with the intent to shame is an act of moral policing, and it’s absolutely wrong. People need to respect others’ boundaries and personal choices.”
On the other hand, Rexy Jason Gomez, a creative visualiser, shared a nuanced perspective. “I don’t oppose someone expressing love publicly, but let’s face it—our society isn’t as liberal as the West. People are quick to judge and shame. However, taking photos and spreading them on social media is unethical and a form of cyberbullying. Still, I would advise people to be mindful of their surroundings. You might be comfortable, but ask yourself: is it necessary to do this in public? Probably not. So, my stance is balanced—decency is commendable, but so is respecting others.”
Ultimately, this conversation isn’t just about kissing or snapping photos—it’s about mutual respect. Whether it’s choosing to express love publicly or refraining from passing judgment, one thing is clear: decency and respect should go hand in hand.