navigating-the-legal-landscape-of-rave-parties-in-india

Rave parties, with too loud music, intense light shows and widespread drug use, is a controversial phenomenon as far as its acceptability in the society is concerned.

 

Recent development surrounding a rave party in Bengaluru has ignited the discussion on the subject which is debatable with contradictory laws and court rulings adding to the confusion.

 

Bengaluru Police busted a rave party that was being conducted on the pretext of a birthday get together in a farmhouse near Electronics City.

 

 

While speculations on the presence of a Telugu actor Hema were doing the rounds, Bengaluru Police Commissioner B. Dayananda confirmed her presence at the party.

 

The actor alias Krishna Veni, 57, had taken to social media to prove that she was at a farmhouse in Hyderabad and, thus, claims of her attending the party are banal. However, sources say that she was present at the party and sneaked out to make a video of the farmhouse which was raided to post on social media claiming that she was in Hyderabad.

 

Why is there a need to hide one’s presence at a rave party?

 

The manner in which Hema tried to keep her presence at the party a secret has turned the discussion around several permutations and combinations that are present in our judicial system.

 

The primary law governing drug-related offenses in India is the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This Act prohibits the production, manufacture, possession, sale, purchase, transportation, and use of narcotic drugs and psychotropic substances, except for medical and scientific purposes under license.

 

Since rave parties are often associated with the consumption of drugs like MDMA (ecstasy), LSD, and various other synthetic substances, they fall under the purview of the NDPS Act. Organisers and attendees of rave parties can be booked under this Act for drug-related offenses.

 

Section 27 of the NDPS Act deals with the punishment for consumption of any narcotic drug or psychotropic substance. It states: “Whoever consumes any narcotic drug or psychotropic substance shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.”

 

While the NDPS Act specifically deals with drug-related offenses, certain provisions of the Indian Penal Code (IPC) can also be invoked in cases related to rave parties.

 

Section 294 of the IPC (Obscene acts and songs) can be used to penalise obscene behaviour, which may occur at some rave parties. Additionally, Section 268 (Public Nuisance) and Section 290 (Punishment for public nuisance) can be applied if a rave party causes disturbance or annoyance to the public.

 

In the eyes of the law, can one’s presence at a party without the knowledge of sedatives being circulated there be considered a punishable offence?

 

Several court cases have shaped the legal discourse surrounding rave parties in India.

 

Arjun Singh vs. State of Maharashtra (2003)— In this case, the Bombay High Court ruled that attending a rave party does not constitute an offense under the NDPS Act unless the individual is found in possession of drugs or is involved in their consumption, sale or purchase.

 

Indian Hotel and Restaurant Association vs. Star India Pvt. Ltd. (2006)— The Delhi High Court, in this case, observed that holding rave parties in hotels or restaurants is not illegal. However, if drugs are consumed or trafficked during these events, the organisers can be held liable under the NDPS Act.

 

State of Andhra Pradesh vs. Gazi Mohiddin (2017)— In this case, the Hyderabad High Court ruled that the mere presence of an individual at a rave party does not constitute an offense under the NDPS Act unless they are proven to be consuming, possessing or trading drugs.

 

These cases suggest that one’s mere presence at a rave party does not authorise anyone to conduct legal proceedings against them unless one is intoxicated or is found in possession of drugs.

 

Probably, judgement and character shamming that comes with attending a rave party cajoles one to hide the truth of being a part of such a gathering.

 

Despite the legal ambiguity surrounding rave parties, Indian authorities have often taken a firm stance against abuse, public nuisance, and potential moral corruption.

 

The Controversy and Debate

 

The legality of rave parties in India remains a contentious issue, with opposing views from various stakeholders.

 

Proponents of rave parties argue that these events are a form of artistic expression and personal freedom, and that the government should focus on regulating them rather than outright banning them. They also highlight the potential economic benefits of the rave culture, such as tourism and revenue generation.

 

On the other hand, critics cite the negative impact of rave parties on public health and safety, citing the potential for drug abuse, sexual assault, and other criminal activities. They argue that the government should take a stricter stance against these events to protect the youth and uphold societal values.

 

As the debate continues, there is a growing need for comprehensive legislation and clear guidelines to address the issue of rave parties in India. Some experts suggest that the government should consider legalising and regulating rave parties, similar to how nightclubs and music festivals are regulated, to ensure public safety and curb drug abuse.

 

Others advocate for stricter enforcement of existing laws and harsher penalties for organisers and attendees involved in drug-related offenses at rave parties.

 

Ultimately, the solution lies in striking a balance between personal freedoms and public safety, while addressing the underlying issues of drug abuse and societal concerns. A well-informed and inclusive dialogue among all stakeholders, including policymakers, law enforcement agencies, event organisers and civil society organisations, is crucial to finding a sustainable and legally sound approach to the rave party phenomenon in India.