On August 13, while hearing the bail petition of a man who was accused of sexually abusing and defrauding another, the Madurai bench of the Madras High Court observed that the dating app Grindr is being used for illegal activities. Justice D Bharatha Chakravethy urged the police to intimate the Union Ministry of Electronics and Information Technology about its misuse, and even consider blocking the app in consideration of user safety. And no, he clarified, it’s not because the app is used by homosexual men. It is also worth noting that the accused was booked under Section 377 of the IPC for his act of sexual misconduct committed against another man.
Also read: Being Queer in India Just got Tougher
It gets more interesting as we dissect the information that is public about the case that led to this observation:
The accused had filed the bail petition under Section 483 of BNSS. The BNS and BNSS are the updated criminal code, replacing the Imperial colonial-era Indian Penal Code.
The victim claimed that his chain and credit card were stolen, and the attacker had also withdrawn a sum of Rs. 1,15,000. The accused was charged with offences under sections 294(b), 377, 387, 506(2) of the IPC.
In case you’re wondering why the accused was booked under IPC, while the bail petition invoked the BNS, Union Home Minister Amit Shah had said that crimes committed before July 1 will be tried under the old laws. Meanwhile the Allahabad High Court said that while FIRs will be lodged under IPC, the investigation will be done according to the BNSS.
Coming back to the case at hand, Maharaja was granted bail by the court on the condition that he would never use social media or the app ever again. What a strange expectation in the 21st century, where social media is one of the main media of communication (and misinformation) in this day and age! Maharaja also had to surrender his phone to the police, and needs to intimate the police if he purchases a device again. Shady, but not surprised that this is all that it took for an abuser to get bail.
Normalizing abuse somehow never ceases to be the expected outcome, even while technology that enables queer culture and society is called out. Villainising Grindr is not the solution we want nor is the government intervention on such apps, a welcome move. What needs action is that people be held accountable for the harm they perpetuate, instead of a schoolboy punishment like reprimanding them and asking them to surrender their phones. This is hardly congruent with the trauma endured by the survivor who is already marginalized in society for their sexual orientation and identity.
Last time we checked, an abuser never needed a phone to abuse. Sure it’s a medium, but not the only one. Laws fail to protect victims, laws fail to punish the attacker, and those responsible for carrying out the world of the law, continue to fail vulnerable citizens.
