There is no law that you can break by spending some quality time with your partner in a hotel room. It is merely our lack of knowledge and the societal pressure that creates an illusion of this ‘imaginary law’. It is the society that has deemed this activity as being taboo and unlawful, rather than our Indian Constitution. We just need to be familiar with our rights prescribed in the Constitution. That being said, unfortunately there are a few loopholes in the Indian law which have enough wiggle room to make it illegal.
Most of the time you will see police threatening couples for the following few charges of :-
The Purpose of Prostitution.
An Abduction of girl.
Because of the ‘what would people say syndrome’, most of the time girls’ parents choose to take the advice of the police and agree to say whatever they can to save their ‘honor’.
Preventive Detention Act - charges to carry a gun without the license or a big knife.
It is sad to say but unfortunately, there have been a few cases where the police itselfplanteda gun/knife and blamed the innocent couple in order to extort a bribe from them. In such cases, it’s the policemen who are the culprit and not the residing couple.Such corrupt policemen use fear as their weapon. The couple’s of their parents, fear of the society and the fear of the police itself.
Part III of the Indian Constitution describes the fundamental rights of a citizen. Articles (art) 12 to 35 enlist the fundamental rights provided to every citizen by the Govt. Of India (state).
It is legal to stay with your boyfriend or girlfriend in a lodge or hotel in India. And instead of giving my personal opinion let me show you the word of law, as written in our constitution:
Art 15(2)(a) (read as article 15,sub-section 2,clause a) :
No citizen shall, on grounds of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment.
Art 19(1)(d) and art 19(1)(e)
(1) All citizens shall have the right—
(d) To move freely throughout the Territory of India;
(e) To reside and settle in any part of the Territory of India
No person shall be deprived of his life or personal liberty except according to procedure established by law.
So suppose you are in a lodge with your boyfriend/girlfriend and if a police inspector barges in you can point out the constitution to him. Remember that his weapon is the social disgrace caused to you if you were to be paraded as if arrested in a prostitution raid whereas your shield is the law.
In the event that the police officer arrests you then you can teach them law and protect yourself by telling them about-
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
So, basically even if you were intimate with your boyfriend or girlfriend when the cop barged into your room he still does not have the authority to arrest you (unless you are violating any other law(s) as prescribed in the Constitution of India).
So you just need to be aware of your rights and fight for yourself if someone tries to harass you.... Just stand up for yourself and others and get rid of these corrupt officers.....