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The document discusses sexual harassment against women in India, highlighting its recognition as a violation of dignity and a barrier to women's participation in various spheres. It reviews legal frameworks, including the Vishaka Guidelines and the POSH Act, and emphasizes the need for societal change and better enforcement of laws. Recent studies reveal high rates of unreported harassment, and the document suggests legal, social, and psychological measures to combat the issue.

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3 views4 pages

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The document discusses sexual harassment against women in India, highlighting its recognition as a violation of dignity and a barrier to women's participation in various spheres. It reviews legal frameworks, including the Vishaka Guidelines and the POSH Act, and emphasizes the need for societal change and better enforcement of laws. Recent studies reveal high rates of unreported harassment, and the document suggests legal, social, and psychological measures to combat the issue.

Uploaded by

syed.muzammiltn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Sexual Harassment Against Women in

India
Name: S Syed Muzamil

Registration Number: 41622111079

Course: 3 Years LLB

Institution: Al-Ameen College of Law

2. Literature Review
Sexual harassment has been studied widely by legal scholars, social scientists,
psychologists, and women rights activists. The problem has been recognized not only as a
violation of personal dignity but also as a barrier to women's participation in social,
economic, and political life.

In the landmark case Vishaka & Ors. v. State of Rajasthan (1997), the Supreme Court
recognized the absence of a specific law on sexual harassment at the workplace and laid
down the famous Vishaka Guidelines. These guidelines became the foundation for the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013.

Many scholars like Flavia Agnes and Madhavi Divan have emphasized that sexual
harassment is deeply linked with power relations and gender inequality. According to
recent studies (National Commission for Women, 2023 report), most harassment cases are
still unreported due to fear, shame, or mistrust in the legal system.

Recent academic works also highlight the need for changes in laws after incidents like the
#MeToo Movement in India, which exposed how widespread harassment was even among
highly educated and powerful circles.

3. Research Methodology
This research uses the Doctrinal Method, mainly based on secondary data sources such as:
- Legal statutes like the Indian Constitution, POSH Act, Indian Penal Code (IPC), Bharatiya
Nyaya Sanhita (BNS), 2023
- Landmark judgments of Indian Courts
- Articles, research papers, government reports, news articles
- Official reports from organizations like NCW (National Commission for Women), UN
Women, etc.
A critical and analytical approach is used to understand gaps in the current laws and find
solutions.

4.1 Understanding Sexual Harassment


Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature. It can happen anywhere — workplace,
educational institutions, public places, even online.

Types of Sexual Harassment:


- Quid Pro Quo: Demand for sexual favors in exchange for work benefits.
- Hostile Work Environment: Creating an offensive or intimidating environment.
- Physical harassment: Unwanted touching, assault.
- Verbal harassment: Cat-calling, sexually colored remarks.
- Non-verbal harassment: Leering, obscene gestures.

4.2 Constitutional and Legal Framework


The Constitution of India guarantees:
- Article 14 — Equality before the law.
- Article 15 — No discrimination based on sex.
- Article 21 — Right to life and personal liberty (includes right to dignity).

Major Laws:
- POSH Act, 2013: Protects women at workplaces; sets up Internal Committees for
complaints.
- Indian Penal Code, 1860:
- Section 354A: Sexual harassment.
- Section 354B: Assault or use of criminal force with intent to disrobe.
- Section 509: Word, gesture, or act intended to insult a woman's modesty.

New Law — Bharatiya Nyaya Sanhita (BNS), 2023:


- BNS replaces IPC from 2024.
- BNS Section 73: Covers sexual harassment in detail, including stalking, voyeurism,
disrobing, and threatening dignity.
- Increased punishments and faster timelines for investigation and trial.

4.3 Important Case Laws


1. Vishaka & Ors. v. State of Rajasthan (1997): Laid down guidelines for workplace sexual
harassment.
2. Medha Kotwal Lele v. Union of India (2013): Emphasized strict compliance with Vishaka
Guidelines.
3. Apparel Export Promotion Council v. A.K. Chopra (1999): Expanded the definition of
harassment.
4. Farhan Ibrahim v. State of Kerala (2024): Strict penalties under new BNS provisions.

4.4 Causes of Sexual Harassment


Why Men Commit Sexual Harassment:
- Power and Control: Men in higher positions misuse authority.
- Patriarchal Mindset: Traditional beliefs that treat women as inferior.
- Weak Enforcement: Lack of fear of strict punishment.
- Cultural Normalization: Casual acceptance of sexist jokes, objectification.
- Psychological Factors: Some commit crimes to feel powerful.
- Lack of Education: Poor understanding of consent and respect.

4.5 Recent Studies and Statistics (2023–2024)


- NCW Report, 2023: 65% of working women face harassment; only 30% report it.
- ILO Report, 2023: India ranks high in underreported workplace harassment.
- NCRB 2023: Rise in complaints after BNS announcement.
- Breakthrough NGO Survey (2024): High rates in Delhi, Mumbai, Bengaluru.

4.6 Challenges and Loopholes


- Lack of Internal Committees in many institutions.
- Fear of job loss or defamation stops complaints.
- Victim-blaming attitudes.
- Lack of awareness about the POSH Act.
- Rise in cyber harassment.

5. Findings and Conclusion


Sexual harassment remains a barrier to women's dignity and equality in India. Despite
several laws, actual safety depends on social attitudes, quick legal action, and institutional
accountability.

Findings:
- Law is strong but enforcement is weak.
- Fear prevents complaints.
- BNS 2023 brings hope.
- Mindset change in society is crucial.
6. Resolutions and Suggestions
Legal Measures:
- Monitor Internal Committees.
- Fast-track courts for harassment cases.
- Include male victims where needed.

Social Measures:
- Gender sensitivity training.
- Media campaigns to fight harassment.
- Bystander intervention programs.

Psychological Measures:
- Counseling and support services.
- Early education on consent and respect.

Government Actions:
- Regular surveys and reporting.
- Recognition for safe workplaces.

References/Bibliography
1. Constitution of India
2. POSH Act, 2013
3. IPC, 1860 and BNS, 2023
4. Vishaka v. State of Rajasthan (1997)
5. National Commission for Women Report, 2023
6. NCRB 2023
7. UN Women India
8. Breakthrough India Report, 2024
9. Relevant Supreme and High Court judgments

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