The Madras High Court in a recent order has stated that Grindr, a social networking and dating app primarily used by the LGBTQ+ community, is being exploited for committing crimes.
In an order dated August 13, Justice Bharatha Chakravarthy directed the police to write to the government, urging them to consider "appropriate action" against the app, potentially considering blocking it.
The court was addressing a bail petition from a man accused of sexually abusing another man he met through the app, robbing him of his chain and credit card, and allegedly using the card to withdraw Rs 1,15,000.
The accused was being charged with offences punishable under Sections 294b (uttering obscene words in or near a public place), 377 (sexual offences against animals, men, and transgender individuals), 387 (putting person in fear of death or of grievous hurt) and 506(2) (criminal intimidation) of Indian Penal Code.
What did the order say?
The judge observed that the purpose of the app was “illegal not for the question of being homosexual but for serving only a prurient and sexual interest of the parties”.
The order read, "The Investigating Officer shall also report about the mobile app to the appropriate agency namely, the Ministry of Electronics & Information Technology, Government of India that it is used to commit offences / illegal purpose for them to consider for appropriate action including blocking in accordance with law."
The High Court granted bail to the accused, requiring him to provide a bond of Rs 10,000 and two sureties of the same amount. Additionally, the court instructed him to submit an undertaking agreeing to delete his Grindr account and to refrain from using any other social media platforms.
Furthermore, the judge ordered the accused to surrender his phone to the police and to notify them if he acquires a new one.
Is blocking the app a solution?
Speaking to Decode, advocate Rohin Bhatt highlighted that the remit of the case before the judge was not seeking a ban on Grindr. "Grindr like all apps is prone to misuse, much like Tinder, Bumble and even WhatsApp or Telegram," he said.
Dating apps have often acted as traps and it's not just Grindr.
A couple of years ago, in Pune, a man was robbed at his own house after he invited his Bumble date over for dinner. Decode had covered the aftermath of the case, where the police, unfamiliar with Bumble, created fake profiles to catch the accused but struggled due to her cautious methods and the app's safety features. After months of dead ends, a breakthrough came when the police traced a nearly identical case.
The accused was eventually arrested, revealing that she had robbed 16 victims using the same method.
Bhatt further added, "The sole reason that the learned judge seems to give this order, despite saying that this is not about homosexuality, is that it is used for prurient interests. Even if that is the case, Supreme Court has said that it is the right of every person irrespective of their gender identity or sexual orientation to engage in sexual acts without the moral sanction of the society."
Bhatt also pointed out that the judge did not make any comments on the deletion of Section 377, which criminalised non-consensual acts and rape of gay men.
On July 1, 2024, the Bharatiya Nyaya Sanhita (BNS) fully replaced Section 377 of the Indian Penal Code (IPC), which was used to discriminate against and harass homosexuals and transsexuals.
Author and curator Sharif D Rangnekar also opined that banning is an extreme measure and should not be done to any app as perpetrators who commit crimes of such nature irrespective of the sex of the victim, do not necessarily depend upon an app. "This is not addressing the main issue. There isn't any proof that a crime of a certain nature happens because of a certain app, " he said.
Rangnekar, who sees a clear bias in the order, also said, "If you pass such a order, then liberate the entire system and treat everyone equally. Give us equal access to everything, ban homophobia and transphobia. Such crimes will perhaps reduce."
Shooting in the dark with some homophobic idea or shooting the messenger is not the solution, he added.
Grindr: A Popular Yet Vulnerable Space for Queer Dating
Grindr, launched in 2009, is one of the most popular apps of its kind, specifically designed for queer men. It is a geo-location-based app that enables users to browse through profiles of others nearby.
In a context where queer dating is often not openly discussed, Grindr stands out as one of the most popular apps for queer men seeking love. The app operates with an appealing level of anonymity, with users typically using initials instead of real names. However, this virtual design, intended to ensure privacy and discretion, has also created vulnerabilities, as queer individuals on the platform are sometimes targeted for sexual abuse and extortion by predators lurking on the platform.
Arnab Adhikari, a 20-year-old queer student, faced brutal sexual assault and extortion after meeting a man on Grindr. Decode has previously reported on how, despite the trauma and legal challenges, Arnab is fighting to prove his case in a system that doesn't recognise same-sex rape as a crime.
As per the recent update, the case has been transferred to Delhi Police Special Cell and a cross-examination hearing is scheduled for November.
In a similar case in Ahmedabad, four gang members were arrested for blackmailing a man they lured through Grindr by secretly filming him at a hotel. Police had reported that after befriending the victim through video calls, the gang filmed an explicit video of him and threatened to post it online.
Another 26-year-old queer tech worker in Hyderabad, also faced two weeks of harassment after matching with a stalker on Grindr. The stalker, using a fake profile with details from a genuine Instagram account, obtained victim's phone number. This led to a barrage of phone calls, WhatsApp messages, and video calls from unknown men, some of which were lewd and homophobic.
Need for Awareness, Not a Ban
Bhatt highlighted that though there is a problem with the anonymity feature of Grindr as people don't necessarily have to upload pictures, that is one side of the story.
The other side of the story, Bhatt says, is the stigma that continues to prevail in the society that ensures that queer people have to force themselves into a closet and not live authentic lives.
He added, "Grindr has often provided a lot of people, including me, a safe space when we were deep inside the closet and did not have the guts to put our pictures out there on the app and say look we are here and we are queer."
Bhatt reiterated that banning the app cannot be the solution. "The solution has to be in a citizenship awareness campaign, where people who use dating apps, especially teenagers, are taught about safe practices and ways to protect themselves from the harm," he said.
Of course, there is also a lot of work to be done in dispelling the homophobia, he added.
Rangnekar further emphasised that Grindr itself isn't breaking any laws; it's the users who are engaging in problematic behaviour. He said, "Apps like Grindr offer a platform for individuals who lack access to public spaces, unlike the heterosexual community, to form relationships. When a few individuals misuse the app's trust to commit crimes, it reflects a larger issue at hand."
Disappointed by the misuse and apathy, Rangnekar advised the queer community to take it upon themselves to ensure their own safety rather than depend entirely on an app.
"Though it is not entirely possible, but cross-check as much as you can, prefer setting up a meeting at public spaces, make use of video calls on such apps. Unfortunately, it is not easy to meet people via common contacts and automatic filters which exist in heterosexual world are not present for us," he said.