Simone Lawson
Sexual harassment is a pervasive issue in India, with hundreds of cases reported annually. The country has seen over 400 cases of sexual harassment at work every year since 2018, with an average of 445 cases reported yearly, according to the National Crime Records Bureau (NCRB). This issue is not limited to a specific sector, as it is prevalent in workplaces, educational institutions, and even within influential circles. The Indian legal system has provisions to address sexual harassment, with laws such as the Indian Penal Code, 1860, and The Criminal Law (Amendment) Act, but the social and cultural context plays a significant role in understanding the complexities of this issue.
| Characteristics | Values |
|---|---|
| Year of data | 2022 |
| Average number of cases reported daily | 49 |
| Total number of cases reported in 2022 | 419 |
| States with the highest number of cases | Himachal Pradesh, Kerala, Maharashtra, and Karnataka |
| Number of cases | 97, 83, 46, and 43, respectively |
| Sexual harassment defined | Any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature |
| Examples of sexual harassment | Comments or jokes about sex or private body parts, sharing pictures or videos of private body parts, touching private body parts in a sexual way, blocking someone's path, or requiring a student to submit to sexual harassment in exchange for participation in an activity |
| Prominent cases | RK Pachauri, KPS Gill, Phaneesh Murthy, Gopal Kanda, David Davidar, Shiamak Davar, Asok Kumar Ganguly, Tarun Tejpal |
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What You'll Learn
Sexual jokes, comments, or name-calling
Sexual harassment in India is a pervasive issue, with an average of 49 cases reported daily in 2022. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) was enacted to address this, providing a grievance redressal process for women in all workplaces.
For instance, a comment about someone's physical appearance in a sexual way or a joke about someone's sexual orientation would constitute sexual harassment. Additionally, sharing letters, emails, texts, or online posts that discuss sex or private body parts falls under this category.
Sexual harassment also includes any form of expression of sexual or romantic interest that is unwanted or unwelcome. This can be between students, or between school staff or volunteers and students. It is also considered sexual harassment for an adult to initiate an inappropriate relationship with a student, such as by inviting the student to spend time alone with them outside of school or giving them gifts or privileges beyond what is customary.
Furthermore, blocking someone's path so they cannot get away from sexual comments or advances is a form of sexual harassment, as it indicates a clear lack of respect for the other person's boundaries and consent.
These actions create a hostile and uncomfortable environment for the victim and can have severe psychological and emotional impacts. It is important for individuals to understand what constitutes sexual harassment to foster a culture of respect and consent and to hold perpetrators accountable.
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Sharing sexual content or pictures
In India, sexual harassment is a widespread issue that has gained attention through movements like #MeToo, which encouraged women to share their experiences of sexual harassment and assault. While the movement brought about new scrutiny of high-profile male figures, it largely excluded women from the informal sector, where 95% of women are employed. This is due to the fact that poverty and stigma often prevent women from speaking out about their experiences.
In the context of sharing sexual content or pictures, non-consensual image-based harassment, or "revenge porn", is a form of sexual harassment that is prohibited under Indian law. This includes sharing audio-visual or still images of individuals without their consent, whether captured by the perpetrator or a third party. Under Section 354C of the Indian Penal Code (IPC), distributing images of a woman engaged in a private act where she has a reasonable expectation of privacy, taken without her consent, is considered voyeurism. This applies to both offline and online distribution and carries a punishment of 3 to 7 years imprisonment and a fine.
Additionally, sending obscene or sexually explicit material is punishable under the IT Act. The punishment for publishing and sharing such material is 3 years imprisonment and a fine of 500,000 rupees. If the perpetrator has committed the offence more than once, the punishment increases to 7 years imprisonment and a fine of 1,000,000 rupees.
It is important to note that sexual harassment can occur in various forms and contexts, including the workplace, schools, and public spaces. In the workplace, employers are mandated to take steps to protect female employees from sexual harassment and provide procedures for resolution, settlement, or prosecution under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013. In schools, sexual harassment can involve inappropriate relationships between adults and students, such as expressing sexual interest or giving gifts beyond what is customary.
Overall, the sharing of sexual content or pictures without consent is a serious form of sexual harassment that violates privacy and can cause significant harm to the victim. While there are legal provisions in place to address this issue in India, the challenge lies in ensuring effective enforcement and providing support for victims from all sectors of society.
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Inappropriate touching
In India, inappropriate touching is a form of sexual harassment that can occur in various settings, including workplaces, educational institutions, and social gatherings. It involves any unwanted or unwelcome physical contact of a sexual nature.
In the context of inappropriate touching, the term "touching" encompasses a broad range of actions that involve physical contact or proximity. This can include touching another person's body, hair, or clothing in a way that is sexual or perceived as sexual. For example, touching someone's intimate body parts, such as their breasts, buttocks, or genitals, without their consent is a clear form of inappropriate touching. Additionally, it can involve actions such as hugging, kissing, or caressing when the touch is not welcomed or consented to by the recipient.
In some cases, inappropriate touching may also include actions that do not directly involve physical contact but still invade personal space and create a sense of discomfort. This can include actions like blocking someone's path, pulling at their clothing, or attempting to lift or flip their skirt or shirt. These actions can be considered a form of sexual harassment as they are often done with the intention to intimidate, degrade, or exert power over the victim.
In India, there have been several prominent cases of inappropriate touching and sexual harassment that have gained public attention and sparked outrage. For example, in 1988, Rupan Deol Bajaj, an IAS officer, accused KPS Gill, the former Director General of Police of Punjab, of touching her inappropriately at a party. After a lengthy legal battle, the trial court convicted Gill in 1996, and the Supreme Court upheld the decision in 2005. This case highlighted the challenges and persistence required to seek justice in such matters.
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Sexual assault and rape
Sexual violence is a significant issue faced by women and girls in India. While the country has made legal reforms to address the problem, it continues to grapple with high rates of sexual assault and rape. For instance, in 2012, the gang-rape and murder of a 23-year-old woman sparked outrage and prompted the government to implement sweeping changes to the criminal justice system, including stricter sentences. However, despite these efforts, India continues to struggle with underreporting due to social stigma and shame, low conviction rates, and a culture that often blames and shames survivors and their families.
In 2018, India recorded 33,356 rape cases, and this number rose to 39,000 in 2016. While the annual number of reported cases has generally remained above 30,000, the COVID-19 pandemic year of 2020 saw a sharp decline. Official crime data from 2019 revealed that 3,486 reported rape cases involved Dalit (Scheduled Caste) women and girls, while 1,110 concerned Adivasi women and girls (Scheduled Tribes). These figures highlight the vulnerability of marginalized communities in India, who encounter additional obstacles in accessing justice.
The Indian legal system presents several challenges for survivors of sexual violence seeking justice. These barriers include community pressure to withdraw cases, discriminatory attitudes among police and judicial officers, insufficient legal aid, and low conviction rates. Survivors from marginalized communities, such as Dalits, Adivasis, and Muslims, often face amplified difficulties due to caste, class, and ethnic biases. Furthermore, the implementation of rape laws remains inadequate, and a critical gap in the legislation is the failure to criminalize marital rape, rendering women vulnerable to sexual violence within their marriages.
Several high-profile cases have brought attention to the issue of sexual assault and rape in India. One notorious incident involved Tarun Tejpal, the former chief of Tehelka, who was accused of sexual assault and rape by a former colleague during an event in Goa. Another case involved RK Pachauri, who faced charges of sexual harassment from a former researcher at The Energy and Resources Institute in Delhi. These cases, and others like them, have sparked outrage and drawn attention to the pervasive nature of sexual violence in India, even among prominent individuals.
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Sexual harassment in the workplace
In India, there have been several prominent cases of sexual harassment in the workplace. One notable example involves RK Pachauri, a former boss at Delhi's The Energy and Resources Institute, who was accused of sexually harassing a young female researcher, leading to outrage on social media. Another case is that of Gopal Kanda, a former Haryana minister, who was accused by a 23-year-old air hostess, Geetika Sharma, of sexual harassment in a suicide note, which resulted in a tragic loss of life.
The issue of sexual harassment in the workplace is not limited to a specific industry or profession. For instance, Shiamak Davar, a well-known Bollywood choreographer, was sued by two former students for sexual harassment, alleging that he groomed them into "sexual submission." Similarly, Asok Kumar Ganguly, a former Supreme Court judge, stepped down from his position as head of the West Bengal Human Rights Commission after being accused of sexually harassing a law intern in a hotel room.
It is important to recognise that sexual harassment in the workplace is not always directed towards women, although they are more frequently the victims. Men can also experience sexual harassment, and it is crucial that they, too, are educated about their rights and feel empowered to speak up and report such incidents.
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