‘Bura Na Mano Holi Hai’ Shouldn’t Be A Reason For Women To Fear The Festival of Colours

Last year, a video from UP went viral showing a man and three minors harassing Muslim women in the name of Holi. In March 2023, a video of a Japanese woman went viral on social media in which a gang could be seen groping and forcefully applying colours to her face and body. In 2022, two teenage girls were gang-raped in a forest area in Tripura, a state in northeast India as they celebrated the Holi festival. If you think these are isolated or stray incidents, think again because women being subjected to sexual violence on the occasion of Holi is nothing new in India.

Women Recounts Their Horrific Holi Experiences

Apparently, “bura na mano Holi hai” had long become a slogan for offenders who justify their shameful acts in the name of festival, misbehaving and inappropriately touching women.

Credits: Meta AI

My father forbade me from stepping out on Holi during childhood, which used to make me revolt until the day I faced a shameful incident and realised why he did what he did. It was in 2022 when I was on my way to visit a friend's home on Holi. I asked a man to help me with the address and as I turned, he threw a balloon at my back. As I turned to confront him, he obviously ran off.

With time, I learnt I wasn’t alone. "I've stopped attending society's Holi programs since the time someone tried to pull my shirt in the crowd," recounted 24-year-old Shweta. "One of my friends was hit with a water balloon while leaving college. It turned out that it didn't just contain water, but also a semen-like substance," Anshika shared, recounting a horrific experience.

These deplorable episodes go on to show how the 70-year-old tradition, which is supposed to be a happy occasion for all, has turned into something women should be scared of. So much so that they should shiver even at the idea of stepping out on the festival.

Legal Consequences Of Holi Harassment

However, all is not lost. In India, forcibly applying colour to someone, especially misbehaving with women, is a crime by law. Advocate Utsav Shukla, who goes by the name ‘Legal Doctor’ on Instagram, recently posted a video informing how harassing women in the name of a festival can land you in jail.

He explained the legal repercussions saying, “if a video of you forcibly applying colour to a woman on Holi goes viral on social media or if the woman files a complaint against you then under Section 75 Sexual Harassment and Section 79 Word, gesture, or act intended to insult the modesty of women, the offender can face 3 years of jail and fine.”

 

 

 

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A post shared by Utsav Shukla (@legal_doctor_)

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Other Legal Provisions

IPC Section 354: Section 354 of the Indian Penal Code considers indecent behaviour, forceful touching, or assault on a woman a criminal offense, punishable with a minimum 1-year imprisonment and fine. This crime is non-bailable, allowing warrantless arrests.

IPC Section 509: Under IPC Section 509, using obscene language/gestures or following a woman to insult her modesty is a crime, punishable by up to 1 year imprisonment and a fine.

Indian Penal Code Section 354B: Under IPC Section 354B, attempting to strip or forcefully disrobe a woman is a serious crime, punishable by a minimum 3-year imprisonment and fine. This offense is non-bailable, allowing police to make warrantless arrests and limiting swift court-ordered bail.

IPC Sections 375 and 376: Under IPC Sections 375 and 376, non-consensual rape or sexual assault is a criminal offense, punishable by imprisonment ranging from 10 years to life imprisonment or even death.

IPC Section 268: Section 268 of the Indian Penal Code makes it a punishable offense to harass women during festivals or events by misbehaving, blocking their path, making obscene gestures, or using inappropriate language, taking advantage of the crowd. Offenders may face imprisonment and/or a fine.

POSH Act, 2013: In cases of inappropriate behaviour by an employee towards a female colleague during Holi celebrations at the workplace, a complaint can be filed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.

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Let’s Reclaim Holi For Women

Holi is all about celebrating the vitality of life and celestial bond between Lord Krishna and Radha. Let us not make it a reason for which ladies have to lock themselves inside their homes, fearing unwelcome touches and remarks, and the violence that can lurk behind innocent fun. Let’s not make humiliation and misery the defining colour of the vibrant festival. From empowering them to bury their fear and stand up for themselves to taking immediate strict actions against the offenders, this Holi, let us reclaim the festival for women.

Keep reading Herzindagi for more such stories.

Image Courtesy: Freepik