A

PROJECT WORK ON

Me too Movement from Criminological Perspective

Project submitted to

Mr. Manoj Kumar (Faculty: Criminology & Penology)

Project submitted by

Shubhankar Thakur

Semester -VII

ROLL NO. 149

SECTION- C

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, C.G.

1
TABLE OF CONTENTS

Topic

1. Acknowledgements

2. Introduction

3. Objectives

4. Research Methodology

4. Origins in India

5. Influence of Hollywood's "Me Too" Movement

6. Politics and law

7. Sexual Harassment laws in India

8. Sexual Violence Laws under the Indian Penal Code

9. Conclusion

10. Measure to be taken

11. References

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 ACKNOWLEDGEMENTS

I feel highly elated to work on the topic “Me too Movement from Criminological Perspective

” because it has significant importance in the studying the provision relating to sexal harrasement
against women in IPC. The practical realization of this project has obligated the assistance of
many persons. I would like to thank our faculty especially Mr. Manoj Kumar Sir that he gave me
an opportunity to do work on this project & for his valuable guidance & support.

I would also like to thank the University & the Vice Chancellor for providing extensive database
resources in the library & through internet.

I would be grateful to receive comments & suggestions for further improvement of this project
report.

- Shubhankar Thakur
- Sem IX
- Roll No. 149

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OBJECTIVES

1. To study about the metoo movement how started in India.

2. To study and examine the criminological perspective of metoo movement.
3. To discuss the legal provision which are in action against sexual harassment of women.
4. To discuss the measures to be taken to prevent sexual harassment.

RESEARCH METHODOLOGY

The objective of this project is to study the metoo movement and examine its depth in
criminological perspective, so the major sources of literature have been articles, research papers
of academicians and reports of various international organizations committed to bring an end to
counterfeiting.

This is a doctrinal research which is descriptive and analytical in nature. Footnotes have been
provided wherever needed, to acknowledge the source.

Introduction

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The Me Too movement (or #MeToo movement), with many local and international alternatives,
is a movement against sexual harassment and sexual assault. #MeToo has spread virally in
October 2017 as a hashtag used on social media in an attempt to demonstrate the widespread
prevalence of sexual assault and harassment, especially in the workplace. It was followed soon
after the sexual misconduct allegations against Harvey Weinstein.

Tarana Burke, an American social activist and community organizer, began using the phrase
"Me Too" as early as 2006, and the phrase was later popularized by American actress Alyssa
Milano, on Twitter in 2017. Milano and Michael Baker encouraged the victims of sexual
harassment to tweet about it and "give people a sense of the magnitude of the problem". This was
met with success that included high-profile posts from several American celebrities, including
Gwyneth Paltrow, Ashley Judd, Jennifer Lawrence, and Uma Thurman.

The Me Too movement in India is a manifestation of the international Me Too movement that is
currently taking place in parts of Indian society including government, media, and the
Bollywood film industry. In India, the Me Too movement is seen as either an independent
outgrowth influenced by the international campaign against sexual harassment of women in the
workplace, or an offshoot of the American "Me Too" social movement.1

Origins in India

1 Goel, Vindu; Venkataraman, Ayesha; Schultz, Kai (2018-10-09). "After a Long Wait, India's #MeToo Movement Suddenly
Takes Off". The New York Times.

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Malayalam film industry

Me Too began gaining prominence in India with the increasing popularity of the international
movement, and later gathered sharp momentum in October 2018 in the entertainment industry of
Bollywood, centered in Mumbai, when actress Tanushree Dutta accused Nana Patekar of sexual
harassment.2 This led to many women in the news media, Indian films, and even within the
government to speak out and bring allegations of sexual harassment against a number of
prominent men.

A regional precursor to the "Me Too" movement in India was a 2017 rape court case in the
Malayalam film industry in the state of Kerala.[4] While the case did not gain national coverage
or social traction on a larger scale, it did inspire a select number of individuals within the
industry to speak out against abuse and to take a stand for women's freedom, similar to the
Harvey Weinstein case in the US, which occurred later in the year.

On 17 February 2017, a Malayalam actress was assaulted by a group of men. 3 The primary
person accused for hiring the men was actor Dileep, who was arrested in July 2017, before the
Me Too movement had begun on a wide scale in Hollywood. 4 This sparked something similar to
that movement in the Malayalam film industry.

In May 2017, inspired by the events of Dileep's case, the organization Women in Cinema
Collective (WCC) was formed by several prominent women in the Malayalam film industry.
They sought to "address the gender issues within the industry, which include lack of security,
basic security and to ensure women's participation in the industry's activities."5

In June 2018, the WCC strongly condemned the decision of the Association of Malayalam Movie
Artists (AMMA) to reinstate actor Dileep into their organization.6 In a Facebook post, they
questioned the decision, asking whether the organisation did not find anything wrong in

2 https://scroll.in/article/897817/indias-metoo-some-of-the-sexual-harassment-charges-that-have-surfaced-this-week
3 https://scroll.in/latest/898183/kerala-women-in-cinema-collective-criticises-film-bodys-inaction-on-sexual-
assault-case
4 https://scroll.in/latest/871985/malayalam-actors-abduction-kerala-court-allows-dileep-access-to-all-case-
documents
5 https://timesofindia.indiatimes.com/entertainment/malayalam/movies/news/women-in-cinema-collective-will-
work-for-equal-opportunity-and-dignity-of-women-employees-in-mollywood/articleshow/58735741.cms
6 https://www.thehindu.com/news/national/kerala/women-in-cinema-collective-condemns-ammas-decision-to-
reinstate-actor-dileep/article24252575.ece

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reinstating a person accused of sexual assault even before the completion of the trial and
announced that four actresses including the rape survivor are resigning from AMMA in protest
against the decision. It termed the decision as “reeking of misogyny” and “an insult to the
survivor.” In addition to WCC, several politicians and media personalities criticized AMMA for
its decision to reinstate Dileep following which the film body agreed to conduct talks with WCC
members regarding the decision.7

Influence of Hollywood's "Me Too" Movement

MeToo began in October 2017 as a hashtag started by American actress Alyssa Milano who
shared her story of sexual assault against Harvey Weinstein. The hashtag caught like wildfire
when women from across the world began talking about their survivor stories. In India, however,
this MeToo movement didn't take flight until actress Tanushree Dutta decided to speak up once
against actor Nana Patekar. What began as one woman's story soon became a phenomenon when
names of powerful men in the country started surfacing. From actor Alok Nath to journalist MJ
Akbar, the movement has brought to light many stories of sexual harassment and abuse.

After allegations against Harvey Weinstein, the use of the #MeToo hashtag on social media with
respect to the event spread quickly in India, 8 where sexual harassment is commonly referred to
by the word 'eve-teasing', a term described as misleading, tame, and diluting the seriousness of
the crime.9 In response to #MeToo, there have been attempts to teach Indian women about
workplace rights and safe reporting, as well as educating men about the scope of the problem.
Some have likened #MeToo to a 2012 social movement which followed a violent gang rape in
New Delhi that later resulted in a woman's death, which caused the Indian government to
institute harsher punishments for rape10

There were reports of mass sexual assaults during the 2018 New Year's celebrations in
Bangalore, which have been associated with #MeToo. The incidents were initially dismissed by

7 https://indianexpress.com/article/entertainment/malayalam/amma-responds-to-wcc-agrees-to-discuss-dileep-
issue-5242530/lite/
8 http://www.hindustantimes.com/analysis/metoo-does-it-take-a-twitter-trend-for-men-to-know-women-are-
harassed-every-day/story-c8InKAyvFnBALNxejogTEL.html
9 "Why Are We Still Calling Sexual Harassment 'Eve-Teasing' In India?". Huffington Post India. July 4, 2017. Archived
from the original on November 7, 2017. Retrieved January 22, 2018.
10 https://www.pbs.org/newshour/world/women-in-india-are-also-saying-metoo

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the police until someone uploaded CCTV footage of the assaults to social media. 11 Home
Minister G. Parameshwara, Abu Azmi, and other officials came under fire for stating "western"
women's clothing and values were the cause of the rapes, and indicated women's families should
not allow them to go to parties or major celebrations.12

Tanushree Dutta's allegations

On 26 September 2018, after having been out of the Bollywood spotlight for about a decade,
actress Tanushree Dutta gave an interview to Zoom TV in which she publicly accused Nana
Patekar of sexually harassing her on the set of the 2009 movie Horn 'Ok' Pleassss.[41][42] This
declaration would be seen as the catalyst of the Me Too movement in India, similar to one which
happened in the U.S. a year earlier with Harvey Weinstein, in which more and more women in
the entertainment industry would publicly announce high-profile individuals who had sexually
exploited them.[43] Dutta had first made the allegations against Patekar in 2008, filing a
complaint with the 'CINTAA' (Cine & TV Artists Association), but no action was taken as the
case was considered a criminal case. The allegation was repeated in 2013 in an interview,[44]
and again largely ignored. It was not until her September 2018 statements that the CINTAA
apologized to Dutta, admitting that the "chief grievance of sexual harassment wasn't even
addressed [in 2008]", but added that since the case was more than three years old, they could not
reopen it.

Politics and law

Minister of State (MOS) of External Affairs

In October 2018, MJ Akbar, India’s Minister of state for External Affairs, was accused of sexual
harassment by several female colleagues. 13 At least ten allegations have emerged against Akbar,
11 "Asia | Blame victims and the West – India's way of justifying sexual assaults?". Deutsche Welle. January 5,
2018. Archived from the original on July 18, 2017. Retrieved January 6, 2018.
12 "Asia | Blame victims and the West – India's way of justifying sexual assaults?". Deutsche Welle. January 5,
2018. Archived from the original on July 18, 2017. Retrieved January 6, 2018.
13 "#MeToo campaign: Six women speak up, accuse Minister M J Akbar of sexual harassment when he was Editor".
The Indian Express. 2018-10-10. Retrieved 2018-10-10.

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the first public servant in high office to be accused. Akbar's colleagues, including Smriti Irani
and Maneka Gandhi, have acknowledged the online testimonies against him and called for a
probe. The Ministry of Women and Child Development announced that a panel would be set up
to examine the existing legal framework for harassment at work.14

National Students Union of India (NSUI) national president

On 16 October 2018, Rahul Gandhi, president of the INC, accepted NSUI national president
Fairoz Khan's resignation after he was accused of sexual harassment. He was accused by a
female member of the INC from Chhattisgarh. INC had ordered a three-member committee to
investigate the matter. Khan denied the charges but stated he was stepping down as it was hurting
the party's image. The woman had first complained against Khan to Rahul Gandhi in June 2018.
She also demanded protection, as she feared for her life.15

Education

Alumni of the Symbiosis Centre for Media and Communication (SCMC) in Pune took to social
media to share harrowing accounts of harassment by some faculty members and their seniors;
about 25 students and alumni of the college shared their ordeals, charging two faculty members
and some senior students with harassment and molestation. 16 They also said that the institution
failed to take concrete action against the accused faculty members.

Challenges

India’s Me Too movement differs in key ways from the movement in the United States. The
allegations against Harvey Weinstein were investigated by reliable sources in the US, while in
India, accusations emerged on social media, where women posted their grievances. In addition,
laws against defamation in India allow the prosecution of women who are unable to prove their

14 https://m.dailyhunt.in/news/india/english/the+indian+economist-epaper-
indecono/it+s+officially+a+week+since+india+s+metoo+movement+started+here+is+a+list+of+all+those+accused-
newsid-99147196
15 https://indianexpress.com/article/india/nsui-president-quits-after-sexual-harassment-charges-rahul-gandhi-
accepts-resignation-5404530/
16 "It's officially a week since India's #MeToo movement started. Here is a list of all those accused. - The Indian
Economist". M.dailyhunt.in. Retrieved 16 October 2018.

9
allegations, with a maximum jail term of two years, while the First Amendment protects such
rights in the United States. As a result, activists began to work towards strengthening the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which
was implemented poorly since its establishment.17

As of mid-October 2018, the social "Me Too" campaign of India has continued to grow and be
covered by major media outlets as a topic of importance, with victims outing their abusers on a
nearly daily basis.18 The movement has since resulted in major social consequences for several of
those accused, such as firing or resignation from their jobs, condemnation and disassociation
from members of their respective industries, and indignation against their actions from their fans
and/or the public at large. Similarly, accusers have also been the target of countersuits from the
accused, even as they often have social support and added coverage from the media.

What is ‘sexual harassment’?

As per the High Court of Delhi, in order that a ‘physical contact’ constitutes ‘sexual harassment’,
it should have the color of an ‘unwelcome sexually determined behavior’. A mere accidental
physical contact, even though unwelcomed, would not amount to sexual harassment.

In a case before the High Court of Kerala, it was observed that although the language used by an
officer in his report regarding an event organized by a junior female colleague was inappropriate,
the same did not amount to ‘sexual harassment’. This was because there was no allegation of a
promise, threat or creation of an offensive or hostile work environment for the female employee.

Sexual harassment includes such unwelcome sexually determined behavior (whether directly or
by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favors;
c) Sexually colored remarks;
d) Showing pornography;
e) Any other unwelcome physical verbal or non-verbal conduct of sexual nature.

17 https://www.washingtonpost.com/world/asia_pacific/after-a-deluge-of-metoo-allegations-indian-men-claim-
they-are-the-ones-under-attack/2018/10/15/5db5a776-d06e-11e8-a275-81c671a50422_story.html
18 Goel, Vindu; Venkataraman, Ayesha; Schultz, Kai (2018-10-09). "After a Long Wait, India's #MeToo Movement
Suddenly Takes Off". The New York Times. Retrieved 16 October 2018.

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Where any of these acts is committed in circumstances where the victim has a reasonable
apprehension that in relation to the victim’s employment or work whether she is drawing salary,
or honorarium or voluntary, whether in government, public or private enterprise such conduct
can be humiliating and may constitute a health and safety problem.

Sexual Harassment laws in India

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a legislative act in India that seeks to protect women from sexual harassment at their
place of work. The Act came into force from 9 December 2013.[3] This statute superseded the
Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of
India.

The Vishakha Guidelines were a set of procedural guidelines for use in India in cases of sexual
harassment. They were promulgated by the Indian Supreme Court in 1997 and were superseded
in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.

Vishakha vs. State of Rajasthan

In 1997, the Supreme Court passed a landmark judgment in the same Vishaka case laying down
guidelines to be followed by establishments in dealing with complaints about sexual harassment.
Vishaka Guidelines were stipulated by the Supreme Court of India, in Vishakha and others v
State of Rajasthan19 case in 1997, regarding sexual harassment at workplace. The court stated
that these guidelines were to be implemented until legislation is passed to deal with the issue.20

The court decided that the consideration of "International Conventions and norms are significant
for the purpose of interpretation of the guarantee of gender equality, right to work with human
dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual
harassment implicit therein."

19 AIR 1997 SC. 3011

20 http://infochangeindia.org/women/analysis/a-brief-history-of-the-battle-against-sexual-harassment-at-the-
workplace.html

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Employer's obligations

Note that the Vishaka Guidelines are not sufficient for legal compliance for employers as the
same has been replaced by a full-fledged statute of the Parliament. Although the statute mostly
retains the framework provided in the Guidelines, there are significant differences[5] and it is the
statute that the employers must follow. For instance, the definition of sexual harassment has
significantly changed. From this perspective, the Vishaka Guidelines is of only historical and
academic importance now. It will also be relevant in cases that were brought up before 2013
enactment of the law.

The minister for Women's Welfare Maneka Gandhi stated that government will take tough steps
against any organisations, including NGOs that do not implement the new law.

Internal Complaints Committee and Local Complaints Committee: The Sexual Harassment
Act requires an employer to set up an Internal Complaints Committee (ICC) at each office or
branch having more than 10 employees of any gender. The government is in turn required to set
up a Local Complaints Committees (LCC) at the district level to investigate complaints
regarding sexual harassment from establishments where the ICC has not been constituted on
account of the establishment having less than 10 employees or if the complaint is against the
employer.
The Sexual Harassment Act, 2013 also sets out the constitution of the committees, process to be
followed for making a complaint and inquiring into the complaint in a time bound manner.
Interim Reliefs: The Sexual Harassment Act empowers the ICC and the LCC to recommend to
the employer, at the request of the aggrieved employee, interim measures such as (i) transfer of
the aggrieved woman or the respondent to any other workplace; or (ii) granting leave to the
aggrieved woman up to a period of three months in addition to her regular statutory/ contractual
leave entitlement.
In addition to ensuring compliance with the other provisions stipulated, the Sexual Harassment
Act casts certain obligations upon the employer to, inter-alia,

 provide a safe working environment

 display conspicuously at the workplace, the penal consequences of indulging in acts that
may constitute sexual harassment and the composition of the Internal Complaints Committee

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 organise workshops and awareness programmes at regular intervals for sensitizing
employees on the issues and implications of workplace sexual harassment and organizing
orientation programmes for members of the Internal Complaints Committee

 treat sexual harassment as a misconduct under the service rules and initiate action for
misconduct.

 The employer is also required to monitor the timely submission of reports by the ICC.

Preamble of the Act

An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected therewith
or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to

equality under articles 14 and 15 of the Constitution of India and her right to life and to live with
dignity under article 21 of the Constitution and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe environment free from sexual
harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are
universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of India;

It is expedient to make provisions for giving effect to the said Convention for protection of
women against sexual harassment at workplace.

India’s law on prevention of sexual harassment of women at workplace was

enacted in 2013, much before the #MeToo movement. This law was widely applauded by the
employee community as the need of the hour and now that it is nearing its fifth anniversary, the
courts in India have started interpreting the provisions of the law keeping in mind the broader
objectives that it seeks to achieve.

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Being the first of its kind, the enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) led to an increased awareness on
the do’s and don’ts in terms of workplace conduct. The media also played a critical role in
spreading awareness besides bringing into limelight several startling incidents of sexual
harassment at the workplace. However, despite the awareness and the measures being taken by
the government to ensure effective implementation of the law, sexual harassment at workplace
remains a highly sensitive issue. From running a reputational risk to huge legal troubles, the road
is not easy for employers who are slapped with sexual harassment cases.

Sexual Violence Laws under the Indian Penal Code

 Assault or criminal force to woman with intent to outrage her modesty

Section 354 of the IPC criminalises any act by a person that assaults or uses criminal force
against a woman with the intention or knowledge that it will outrage her modesty. Such an act is
punishable with either simple or rigorous imprisonment of up to 2 years, or a fine, or both.

Indian courts have ruled that the essence of a woman’s modesty is her sex, ie: a woman possesses
modesty by virtue of being a woman.

Sexual Harassment

Sexual harassment is defined under S. 354 A of the IPC as a man committing any of the
following acts:

 Physical contact and advances involving unwelcome and explicit sexual overtures; or
 A demand or request for sexual favours; or
 Showing pornography against the will of a woman; or
 Making sexually coloured remarks,

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This law covers a wide ambit of acts that constitute sexual harassment, including unwanted
verbal or physical advances of any kind. This law is not limited by location at which the sexual
harassment takes place, unlike the law to prevent sexual harassment at work places which is
explained in a later section.

The punishment for (i), (ii) and (iii) as given above is rigorous imprisonment for a term that may
extend to 3 years, or a fine, or both while the punishment for (iv) is either simple or rigorous
imprisonment for a term which may extend to 1 year, or a fine, or both.

CONCLUSION

In conclusion, I would like emphasize that sexual violence poses an obstacle to peace and
security. It impedes women from participating in peace and democratic processes and in post-

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conflict reconstruction and reconciliation. As a tool of war it can become a way of life: once
entrenched in the fabric of society, it lingers long after the guns have fallen silent. Many women
lose their health, livelihoods, husbands, families and support networks as a result of rape. This, in
turn, can shatter the structures that anchor community values, and with that disrupt their
transmission to future generations. Children accustomed to acts of rape can grow into adults who
accept such acts as the norm.

MEASURES TO BE TAKEN

Workplace sexual harassment is clearly a social challenge that warrants attention. Greater public
advocacy is needed to raise awareness about the issue and bring it out of the shadows.

There are actors at different levels that can play a role in its prevention, and in offering
protection and support for victims. It is important to identify these actors not only at the
company or organizational levels, but also at the state level. In addition, every individual has a
part to play in helping to create a no-tolerance environment for sexual harassment at the
workplace, whether it is providing support to recipients of sexual harassment, or speaking up
against it.

The government can lead the way by implementing policies and programmes that define the
problem and enforce clear guidelines on preventative and remedial measures. This would help
create a no-tolerance climate for sexual harassment at the workplace and encourage more
employers to be socially responsible, and to maintain a safe and conducive work environment for
their employees.

Clearly the hidden costs of harassment are enormous. It is in every employer's interest to be
proactive and prevent the problem, rather than having to redress it after damages have been
suffered. Aware individuals can play a major role: by bringing the seriousness of harassment to
the attention of management and of staff, by helping to formulate and implement appropriate
policies, and by helping victims to deal with the consequences of harassment.

Many practical steps can be taken, as part of an integrated programme, to counter harassment:

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A clear policy from management

 Management must develop, with consultants and in-company specialists, and with
relevant staff organisations and unions, a clear definition of, and policy on sexual
harassment.
 Concerned people and the press should also help to publicise the need for such policies.

Awareness of the problem, and of own, and others' rights

 Managers and all male and female employees must become aware of the problems
inherent inharassment, and must know how to handle these.
 If clear policy exists, and is well promoted, both the person being harassed, and the
personconsidering harassing someone, will know what the individual's rights are – what
is acceptable, and what not; also where the person being harassed can complain. This
should reduce considerably the likelihood of harassment.

Complaints and disciplinary procedure

 There must be clear guidelines on reporting and disciplinary procedures in cases of

harassment, and these must be communicated to all staff members.
 Appropriate staff members can be selected, appointed and trained as complaints officers
with authority to institute disciplinary measures when necessary.
 In large companies, counsellors can be appointed and trained to provide support and to
give advice to staff who are sexually harassed, or to counsel harassers if required. These
may be the same people as the complaints officers, and could possibly also sensitise and
train managers and supervisors in the implementation of the policy.

Other supporting measures

 Assertiveness training and development of a healthy self-esteem will help women to deal
with harassers; and will also reduce the need in some men to try to prove themselves by
harassing colleagues.
 An effective employment equity programme, that ensures well-planned career paths for
all – based on merit, while also ensuring that people overlooked in the past get a fair deal
– will reduce the vulnerability of individuals to harassment by people who abuse their
power and authority.
 A positive corporate culture, in which management sets a positive example and the rights
and dignity of all staff are respected, will do much to create a healthy environment in
which sexual harassment cannot flourish.

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Although no policy can be expected to eliminate the problem, awareness of the problem and
of ways to deal with it will help to reduce its extent dramatically. Women, together with
personnel and employee assistance professionals, must take initiative and get their companies
to act against harassment if a programme is not yet in place. Equally importantly, the
appropriate professionals must assist victims (and harassers) of past and present harassment
to overcome the negative effects of that experience.

Joint and consultative employer/trade union action in combating sexual harassment should
take place in order to effectively prevent, handle and eradicate sexual harassment. Trade
unions should also be urged to conduct their own education and awareness programmes
among their members. A policy is effective only if, besides awareness, it is properly
understood and applied according to clear guidelines and measures.

Throughout 2010, The Gender Equality Project worked with multinational companies
committed to gender equality, to test and refine the assessment methodology and make sure it
reflects the practices that have proven successful to date in the corporate world. These
companies were given the term ‘Pilot companies’.

A study showed that by each adopting a sexual harassment policy, the pilot companies have
generally shown their seriousness in combating sexual harassment in their workplace. What
is important is the commitment of the top leadership in ensuring that the policy is
disseminated and understood by all the staff, as was done by some companies in the study.
On the other hand, one company apparently did not receive instructions from its parent firm
while in another; the expatriate director only duplicated the policy for management for fear
of disturbing the contentious situation resided by the vast majority of production operators.
This type of commitment was also conditioned by the current economic downturn whereby
productivity was a more important consideration, particularly in the manufacturing sector.

It is also necessary for companies should adopt different complaint processes which are
suitable to the organisational goals and culture. E.g., one process can be such that five
opportunities are given to the harasser before he is charged while in another company the
officer in charge is to take up the case, allowing for a written apology if both parties are
agreeable to reconcile. However, the harasser is immediately charged if it is the second

18
offence. In the case of some more stringent policies, if the harasser is from management, he
can be immediately fired.

Another important consideration is the lack of counselling facilities available to both the
harassed and the harasser. The measures to protect the harassed against retaliation are also
found wanting. While every company asserts that they would maintain confidentiality
regarding sexual harassment reports and would protect the harassed, concrete and clear
measures are not spelt out. E.g., there is no clause ensuring the complainant that she would
not lose her job – a fear of most potential complainants.

Based on the above, it is clear that although there is a uniform and nationally accepted clear
definition is stated to determine sexual harassment, the law enforcement is not clearly
defined.

Many employers in India have little experience in dealing with sexual harassment
complaints; do not have effective policies or complaint procedures for addressing sexual
harassment, and even fewer provide training or other information on sexual harassment to
employees.

An explicit statement, providing a clear definition of what is prohibited and making clear the
employer's commitment to creating and maintaining a sexual harassment-free workplace
(supported by training and education) would serve to acquaint everyone with the employer's
sexual harassment policy. The chances of harassment occurring are reduced when everyone is
aware of the rules.

The essence of legislation is its ability to compel employers to abide by a standard process in
handling sexual harassment complaints. It allows complaints to be handled in-house by
management but at the same time, ensures that the procedures are transparent, fair and just
and that all parties are held accountable for their behaviour.

All complaints should be investigated. Effective procedures reduce the need for "self-help"
measures. When harassment goes unchecked, victims may resort to external agencies like the
police, the human rights or labour rights department and the media in the hope of stopping
the harassment thereby making public the complaints to the employer's detriment and

19
 embarrassment. Individuals may try to stop the harassment by intervening on the victim's
behalf in ways that may pose risks to everyone, including physical violence.

Besides identifying specific sanctions against harassers, the complaint procedure should also
provide for effective remedies, including counselling and protection against retaliation for
victims and witnesses.

Legislation can either lag behind or set standards in society. It is already obvious that the
legal definition of work and workplaces has not kept up with current notions.

The proposed bill in the parliament: “Protection of Women against Sexual Harassment at
Workplace Bill, 2010” as discussed earlier is meant to be a progressive legislation that not
only redefines legal concepts to reflect the dynamism of society but also educate and set new
standards of conduct and understanding. But it still has some flows that need to be amended
till it can be finally passed as a law.

Legislation alone however will not result in the eradication of sexual harassment at the
workplace without a more comprehensive action plan. There needs to other efforts like
education, training and outreach programmes. Many women still think that sexual
harassment is the price that must be paid for mobility. So they suffer in silence and lose out
on performance and productivity. This way employers as well as employees are affected.

Legislating on sexual harassment is only one of the steps, albeit a crucial step towards
ensuring that neither women nor men will have to run a battery of sexual abuse in return for
the privilege of being allowed to work and earn a living.

REFERENCES

WEBLIOGRAPHY-

https://www.peacewomen.org

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http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research
%20Papers/Prevention_of_Sexual_Harassment_at_Workplace

https://www.theguardian.com/commentisfree/2018/jan/18/this-is-what-we-talk-about-when-we-
talk-about-metoo

https://www.firstpost.com/india/metoo-list-continues-to-grow-but-significant-number-of-
accused-likely-to-be-acquitted-heres-why-5365731.html

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