It's always a given that you can have your cake and eat it too. Apart from being an idiom, it's quite literal as well. I mean that's what you do on your birthday mostly, isn't it? Well, you can do that, but in Gujarat you can't smear someone's face with cake in public and if you're caught doing that, you go to jail.

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After the PUBG ban, the Surat police has decide to ban cake smearing acts in public, as it's become a nuisance every passing day, as birthday celebrations are starting to turn violent. Along with cake smearing, using adhesive tapes and chemical foam in public is banned too, which people are currently and openly indulging in, on birthdays. We're guessing the usual birthday trend in Gujarat got a tad boring for people to use other means to bring in the celebrations.

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However, lawyer Apar Gupta, who has a copy of the order, translated in English from Gujarati, says this order is worrisome and has stated his reasons, as to why.

The Surat Police has now banned smearing of cakes in public under Section 144 of the CRPC.

This comes after the use of the same provision to ban PUBG game and the arrest of young college going students.

Can someone translate the order to English? pic.twitter.com/llDQTeW4W9

— Apar Gupta (@apargupta84) 15 May 2019

A translation has been provided and it is pointed out that cake smearing is tied to injury and public nuisance. A summary is below. Let me at the same time point why this is still worrisome. https://t.co/jgCjLv0pqC

— Apar Gupta (@apargupta84) 15 May 2019

1. Expansion of police power: Section 144 is titled as, "power to issue order in urgent cases of nuisance or apprehended danger". It is an emergency/curfew power intended against unlawful assembly. One must ask is, "immediate prevention or speedy remedy is desireable" ?

— Apar Gupta (@apargupta84) 15 May 2019

2. Pre-existence of criminal laws/muncipal codes: Provisions under the IPC contain specific crimes for assault, battery and simple hurt. Further most muncipal codes (this may vary in gujarat) prevent littering and impose fines. Such provisions have well articulated ingredients.

— Apar Gupta (@apargupta84) 15 May 2019

3. The proportion of the cake smearing: As pointed out by many, the proportion of the language prohibiting cake smearing is tiny when compared to the thrust of the order. However, such passing language itself due to its lack of articulation may lead to arbitrary application.

— Apar Gupta (@apargupta84) 15 May 2019

Taken collectively, one has to ask --  whether an expansion of police powers under Section 144 when pre-existing, well reasoned laws exist to prohibit cake smearing in public is something that should be tolerable? We will get not only the politicians but the policing we deserve.

— Apar Gupta (@apargupta84) 15 May 2019

"Taken collectively, one has to ask -- whether an expansion of police powers under Section 144 when pre-existing, well reasoned laws exist to prohibit cake smearing in public is something that should be tolerable? We will get not only the politicians but the policing we deserve" Apar Gupta, Lawyer

Our main concern though is the adhesive tape and chemical foam that's used on people's faces to celebrate birthdays. Shouldn't that be the primary concern and not cake smearing, which is indeed harmless? I mean, if people are injuring the other person by smearing cake, that's another story altogether, but if they're doing it out of sheer jest, I guess it should be okay! But honestly, cake definitely shouldn't be wasted by smearing it on someone's face!

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"Do you really think it will make a difference in Gujarat to ban anything further? We all have the facts and figures, don't we? Any forceful act whether it is ragging or eve teasing is fallacious but does that mean the state will ban something as basic as playing PUBG or smearing cake on someone's face for fun?" - Ankita, Asst. MArketing & communications manager, Ahmedabad

Surat Police Commissioner, Satish Sharma issued the prohibitory orders on Monday, after various accounts of aggressive and violent behaviour came to light.

Aren't there existing laws to tackle violence? How come Surat police is acting like a law maker?

— ishan aranjikal (@ishotu) 15 May 2019

Surat is practically a police state after 23:30. With their need to regulate everything, I was expecting this to happen.

— bhas kar-wai (@bolnabey) 15 May 2019

The cake bit comes at the end. They're talking about students putting cello tape on other's face, and applying some sort of chemical. That seems the primary concern, and then they talk about smearing cake.

— Pratik Sinha (@free_thinker) 15 May 2019

Its about beating someone in the name of "birthday bumps", smashing cakes, foams and other forms of material which creates nuisance at public space like roads, bus stop,brts stops etc. Its for creating "mess" and also "bad behaviour" in public spaces.

— BD (@BDsVouch) 15 May 2019

To summarize, it's an order against public nuisance which can harm those involved. Detailed summary in pic.

Cake smearing is a tiny part. Bulk is against public celebration and usage of chemicals, tape & foam directly applied to the face. pic.twitter.com/sKOe1C38Nu

— Harshal Modi (@grondmaster) 15 May 2019

According to TOI, section 144 of the Code of Criminal Procedure has been set in motion from May 14, to July 12.

“We received information about incidents in which individuals suffered injuries in a birthday celebration,” Satish Sharma told Times of India.

It's a little sad that birthdays will have to go traditional again, with no cake touching any part of anyone's face but maybe to tackle aggressiveness in the state because of it, this step was imperative. Well, I guess people should just stick to old-school and just feed each other cake instead of smearing it on faces.