(In case you have or know someone who has recently experienced the type of inconvenience elaborated below, we are ready to offer free legal support).
We were taken back after digging into the following statement on Quora dating from just few days ago (and unfortunately seen by over 286k Quora members) elaborating on the logic of raiding hotels in India, supposedly given by a Sub-inspector from Gurgaon:
I am a Sub Inspector posted in Gurugram and going anonymous for obvious reasons. We raid hotels as we often get complaints from hotel staff only that there is a suspected couple staying in hotel and we should interrogate them as there can be prostitution involved. We raid them question them and if nothing is found like prostitution we call their families and hand them over to their families. I have never met a family who safeguarded these people who were interrogated by police. I have seen a man who started beating his daughter who was with her boyfriend and alcohol and condoms were found in their possession. We cought a imam from a well known masjid, sometimes underaged school students(not in school uniforms), when we catch someone who is from other city we send the girl to nari niketan and hand over them to their family one’s they reach there.
.. and he goes on:
Now comes the question why do we call their families because indian police gets 100’s of FIR’s in Rape cases where the women or girls were visiting the hotel with the accused and they give statement either forcefully or putting rape drug they had left helpless and we’re raped. So to save women from such situations and hideous crimes we raid hotels. Hope it is clear now.
No inspector sahab, it is not clear. Far from clear in fact.
ARTICLE 21 OF THE INDIAN CONSTITUTION (1949): PROTECTION OF LIFE AND PERSONAL LIBERTY. NO PERSON SHALL BE DEPRIVED OF HIS LIFE OR PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE ESTABLISHED BY LAW.
A local police authority has the right to call for a raid if there are certain aspects or reasons that call upon such action.
While it is true that there are some hotel premises that exist illegally and allow guests below the legal age, it is important to note that you will never find such hotel on stayuncle.com for example. We would never partner with such hotel and would never direct StayUncle couple guests to such hotel.
But to call the woman’s family and take her to her home is a most gross violation of an adult person’s basic human rights concerning personal liberty and freedom of movement.
Legal age means that the person becomes sole bearer and responsible for his action as well as the consequences of those actions.
Adult couples should always remember – no police executive has the legal right to ask for your home address, or phone number or to escort you to your family house. Stand firmly on your ground and demonstrate awareness for your constitutional rights.
One part of the person’s written statement is just terrifying:
We raid them, question them and if nothing is found like prostitution we call their families and hand them over to their families.
First, you just contradicted yourself when you said that you raid hotels not couples. If there are no indication of prostitution, in other words if all the guests are diligently registered in the hotel’s guest book with their valid ID proof how can you then proceed disturbing couples right in their hotel room?
Second, as we have just established you just cannot resort asking family details from adult, consenting couples because this means gross violation of their constitutional rights.
Third, you subject innocent people to a double trauma, first by practically declaring them prostitutes in which case they are to be sent to prison if found guilty or sent home to their families if found innocent, in both cases the couple ending up traumatized!?!?
Can we think of a better definition for – INSANITY?
If you as a couple find yourself in such unfavorable situation staying in a non-StayUncle hotel here is what you should do:
- Stay informed on what constitutes consentual sexual act and what constitutes rape. It is extremely important to distinguish what is consent and what not, as per the Indian Penal Code
- Ensure that both of you have your guest details registered in the hotel’s guest book. Even if the receptionist waves off that part you should insist that the procedure is followed properly
- Hold your ground firmly. If you find yourself in the middle of an interrogation situation right inside your hotel room, be aware that the police authority is already going against the law. Do not succumb to their demands for providing home address or family member contact number or to be escorted back to your home.
To know more about the legal age for booking a hotel as a couple, read this very informative source
— Blaze uncle out