SEXUAL EXPLOITATION AND HARRASMENT AT WORK PLACE

SPECIAL REFERENCE TO #METOO MOVEMENT IN INDIA

(SEMINAR PAPER ON WOMEN AND LAW)

SUBMITTED AS PART OF SEMINAR-I IN PARTIAL FULLFILLMENT OF

REQUIREMENT FOR THE DEGREE OF B.A LL. B

(NINETH SEMESTER)

BY

RISHABH TIWARI

ROLL NO-14001024

UNDER THE GUIDANCE OF

MR. PARMESHWAR DAS

ASSISTANT PROFESSOR

DEPARTMENT OF LAW

SCHOOL OF LAW

GURU GHASIDAS VISHWAVIDYALAYA

BILASPUR-495009, CHHATTISGARH

(SESSION- 2018-19)

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 CERTIFICATE

This is to certify that Mr. RISHABH TIWARI, Roll No. – 14001024, student of B.A. LL. B, 9th
SEMESTER has completed his Seminar-I (9TH SEMESTER) work on “SEXUAL
EXPLOITATION AND HARRASHMENT AT WORK PLACE WITH SPECIAL
REFERENCE TO #METOO MOVEMENT (SEMINAR PAPER ON WOMEN AND LAW)
in partial fulfilment of requirement for the degree of B.A LL. B 2019 of GURUGHASIDAS
VISHWAVIDYALAYA ( A CENTRAL UNIVERSITY), BILASPUR, (C.G.).

The student has worked under the supervision of MR. PARMESHWAR DAS and duly
submitted the required number of hard copies in the department of law as per the instructions.
This work is his own original work and has not been published or submitted for any other
degree of this or any other university.

MR. PARMESHWAR DAS DR. R.S THAKUR

ASSISTANT PROFESSOR HEAD OF DEPARTMENT
FACULTY OF LAW SCHOOL OF LAW

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 DECLARATION

I, RISHABH TIWARI, Roll No. -14001024, student of B.A. LL. B 9th Semester, Guru
Ghasidas Vishwavidyalaya, Bilaspur, (C.G.) do hereby declare that this seminar topic on
“SEXUAL EXPLOITATION AND HARRASHMENT AT WORK PLACE WITH
SPECIAL REFERENCE TO #METOO MOVEMENT (SEMINAR PAPER ON
WOMEN AND LAW), is my original work and I have not copied this topic or any part
thereof from any source without due acknowledgement. I am highly indebted to the persons
related directly or indirectly in making this project. It is only because of their contribution
and proper guidance of my superior MR. PARMESHWAR DAS that I was able to gather
light on the project.

RISHABH TIWARI

Roll No. -14001024

B.A. LL. B., 9th Semester

School of Law,

Guru Ghasidas Vishwavidyalaya, Bilaspur, (C.G)

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 ACKNOWLEDGEMENT
I express my deepest gratitude to my supervisor, MR. PARMESHWAR DAS ,school of law, Guru
Ghasidas University, Bilaspur. This single line acknowledgment is not enough to define his
generosity, his wisdom, his critical understanding of the subject and for his continuous support,
patience, and encouragement throughout my work. It is not often that one finds a supervisor and
that always finds the time for listening to the little problems and roadblocks that unavoidably crop
up in the course of performing the dissertation. His legal acumen and editorial advice were
essential to the completion of this dissertation and has taught me innumerable lessons and insights
on the workings of academic research in general. I am privileged enough to complete my
dissertation under his close supervision.

I am also grateful to Dr. R S THAKUR, head of the department, school of law, Guru
Ghasidas Vishwavidyalaya, Bilaspur, (C.G.) for the facilities and guidance he provided to me. I
am grateful for the assistance, guidance and support that were extended during the course of
excellent research.

I thank my parents and friends for their moral support and love throughout my research
work and seminar preparation. Above all I thank the Almighty God for blessing me with good
health and vitality to complete this seminar.

RISHABH TIWARI
ROLL NO. 14001024
B.A. LL. B 9TH SEMESTER
SCHOOL OF LAW
Guru Ghasidas Vishwavidyalaya, Bilaspur, (C.G.)

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 1. LIST OF ABBREVIATIONS

1. EQUAL EMPLOYMENT OPPORTUNITIES COMMISSION (EEOC).

2. FEMALE GENITAL MUTILATION (FGM)

3. FIRST INFORMATION REPORT (FIR)

4. HUMAN RIGHTS WATCH (HRW).

5. INDIAN NATIONAL BAR ASSOCIATION (INBA)

6. INDIAN PENAL CODE (IPC)

7. INDIAN NATIONAL BAR ASSOCIATION (INBA)

8. NON-DISCLOSURE AGREEMENTS (NDAS).

9. THE CINE AND TV ARTISTS ASSOCIATION (CINTAA)

10. THE FILM AND TELEVISION INSTITUTE OF INDIA (FTII)

11. THE INTERNAL COMPLAINTS COMMITTEE (ICC)

12. THE INDIAN FILM AND TELEVISION DIRECTORS ASSOCIATION (IFTDA)

13. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENSE (POCSO).

14. THE NATIONAL CRIME RECORDS BUREAU (NCRB)

15. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

(PWDVA).

16. THE VIRAL FEVER (TVF)

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 TABLE OF CONTENT
i. CERTIFICATE………………………………………………. pg. 2
ii. DECLARATION……………………………………………...pg. 3
iii. ACKNOWLEDGEMENTS…………………………………...pg. 4
iv. LIST OF ABBREVIATIONS…………………………………pg. 5
v. TABLE OF CONTENT………………………………………. pg. 6-9
vi. REVIEW OF LITERATURE…………………………………pg. 10

1. INTRODUCTION…………………………………………….pg 10-11
• Which acts constitute Sexual Harassment?
• The following are generally regarded as sexual harassment

CHAPTER 1 …………………………………………………pg. 12-22

1. SEXUAL EXPLOITATION AND HARRASMENT AT WORK PLACE.

• Introduction.

2. A closer look at statistics on sexual violence in India

• Why women are afraid to speak up.
• The perpetrator at home.
• Sexual violence: the elephant in the room.

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 CHAPTER 2……………………………………………pg. 23-30

1. TYPES OF VOILENCE AND ABUSE AGAINST WOMEN

2. THERE ARE NINE DISTINCT FORMS OF VIOLENCE AND ABUSE:

• Physical violence;
• Sexual violence;
• Emotional violence;
• Psychological violence;
• Spiritual violence;
• Cultural violence;
• Verbal Abuse;
• Financial Abuse; and,
• Neglect.

CHAPTER 3…………………………………………...pg. 31-40

1. Workplace Sexual Harassment

2. Key elements of workplace sexual harassment
3. Traditional forms of Sexual Harassment
• Quid pro Quo
• Hostile work environment
4. Violence against women and Indian legislation
5. Reasons of sexual harassment at workplace

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 CHAPTER 4……………………………………………. pg. 41- 45

1. Indian laws relating to women

2. Constitutional provisions and privileges
3. Laws relating to women
4. Laws relating to working women
5. Laws relating to marriage & divorce
6. Laws relating to maintenance
7. Offences against women in the Indian penal code

CHAPTER 5……………………………………………. pg. 46-48

❖ Who is the woman behind the #metoo movement?

CHAPTER 6…….………………………………………pg. 49-52

❖ The rise of #MeToo in India

CHAPTER – 7……………………………………………pg. 53-55

❖ The #MeToo Movement and the Law

CHAPTER – 8…………………………………………...pg. 56-71

❖ #MeToo movement: Sexual harassment allegations so far

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 CHAPTER – 9………………………………………...pg. 72-74

❖ What to do in case you are being sexually harassed

❖ Sexual harassment cases in India

CHAPTER 10…………………………………………. pg. 75-76

❖ CONCLUSION

❖ BIBLIOGRAPHY…………………………………………. pg. 77-80

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 REVIEW OF LITERATURE
As it is clear from the Seminar Paper Title SEXUAL EXPLOITATION AND
HARRASHMENT WITH SPECIAL REFERENCE TO #METOO MOVEMENT‘, this work
contains a lot of fields related to the WOMEN AND LAW. This seminar work is only a fraction
of what really exists in this field. Therefore, it is impossible to write each and every aspect of this
Law. But whatever has been dealt should be properly highlighted. Keeping this view here is a
description of some references used in the Seminar paper work.

WOMEN AND LAW

The Prohibition of Child Marriage Act, 2006, Special Marriage Act, 1954, Dowry Prohibition Act,
1961, Indian Divorce Act, 1969, Maternity Benefit Act,1861, Medical Termination of Pregnancy
Act,1971, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013, Indecent Representation of Women(Prevention) Act,1986, National Commission for
Women Act, 1990, Equal Remuneration Act, 1976 bare acts by KHETRAPAL Publications which
helped me to write about these topics and understand.

Book Review - M P Jain Indian Constitutional Law

The well-known legal scholar Professor Upendra Baxi, in an obituary on Jain in Delhi Law Review
in 2004, wrote thus: “M.P. [as he used to be called fondly] inspired affection, but never a sense of
awe, usually associated with and distinctively Indian law school modes of wielding often
tyrannical academic institutional power and authority; in this, it must be said, Mahavir [as Baxi
called him affectionately by his first name] differed from many of his luminous contemporaries.

SOURCE OF DATA

The use of both the primary and secondary sources helped in the completion of the project. Primary
source includes the text books and articles. Secondary sources which includes many websites,
newspapers etc.

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 INTRODUCTION
Sexual assault can be verbal, visual, or anything that forces a person to join in unwanted sexual
contact or attention. Examples of this are voyeurism (when someone watches private sexual acts),
exhibitionism (when someone exposes him/herself in public), incest (sexual contact between
family members), and sexual harassment. It can happen in different situations, by a stranger in an
isolated place, on a date, or in the home by someone you know.

Rape is a common form of sexual assault. It is committed in many situations—on a date, by a

friend or an acquaintance, or when you think you are alone. Educate yourself on “date rape” drugs.
They can be slipped into a drink when a victim is not looking. Never leave your drink unattended—
no matter where you are. Try to always be aware of your surroundings. Date rape drugs make a
person unable to resist assault and have a type of memory loss so the victim doesn’t know what
happened.

Sexual harassment is an unwanted intrusion of a sexual nature in the personal space of an

individual. Although a large proportion of the complaints are by women, sexual harassment is not
limited to women alone. Men and children also face sexual harassment, but the proportion of
women who survive sexual harassment is astounding. Some studies show that every Indian woman
faces some sort of sexual harassment at some point in her life. This sexual harassment can occur
at the workplace, at a public place or even at the individual’s home. It can be through leering, lewd
words or songs, groping in a public place, molestation, sexual innuendos or rape.

Which acts constitute Sexual Harassment?

Sexual harassment is a subjective experience. This means that in deciding whether or not a
situation amounts to sexual harassment, it is the impact of the harassment on the survivor that
matters, and not the intent of the person accused of the harassment.

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The following are generally regarded as sexual harassment:

o Making unwelcome sexual advances, whether or not accompanied by promises or

threats

o Making offensive remarks or jokes, such as teasing related to a person’s body or

appearance

o Creating a hostile, intimidating or offensive work environment to elicit sexual

favours

o Putting inappropriate questions, suggestions or remarks about a person’s sex life

o Displaying sexist or other offensive pictures, posters, MMS, SMS, WhatsApp or e-

mail

o Intimidating, threatening, or blackmailing around sexual favours

o Making unwelcome social invitations with sexual overtones (commonly

understood as ‘flirting’).

o Making unwelcome physical contact such as touching or pinching

o Caressing, kissing or fondling someone against that person’s will

o Invading an individual’s personal space (getting too close, brushing against or

cornering)

o Persistently asking a person out, despite being turned down

o Stalking a person

o Abusing authority to threaten a person’s job or undermine performance against

sexual favour’s

o Falsely accusing and undermining a person behind closed doors for sexual favour’s

o Rape.

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 Chapter- I
SEXUAL EXPLOITATION AND HARRASMENT AT WORK
PLACE

1.1 INTRODUCTION

Sexual harassment is a kind of sex discrimination that violates Title VII of the Civil Rights Act
1964. According to Equal Employment Opportunities Commission (EEOC), sexual harassment
occurs whenever there is an unwanted conduct on the basis of gender and which consequently
affects an individual’s job. The legal definition of sexual harassment is “unwelcome verbal, visual,
or physical conduct of a sexual nature that is severe or pervasive and affects working conditions
and a hostile work environment. Sexual harassment refers to “unwanted sexual advances, whether
touches, looks, pressures to have sex or even jokes”

Such behaviour is imposed sometimes as a condition on a person’s employment. There are two
types of sexual harassment. The first one known as ‘quid pro’, means ‘something for something’
consists of harassment that has a direct impact on the individual’s job. Suppose a manager imposes
on his subordinate to get sexually cooperative, or else he or she will be fired from the job. The
second one is known as hostile environment. It results from unwanted behaviours and conducts
from seniors and other personnel on the job, such as discussing sexual topics, make use of
inappropriate words such as ‘babe’ demonstrate indecent gestures and use crude and unusual
language.

Over 20 years the Supreme Court has declared sexual harassment as a reason of action under Title
VII, sexual harassment still prevails in workplaces. Most complaints come from women. However,
number of complaints filed by men is rising. There is an ever-increasing number of men reporting
against female supervisors. According to EEOC, in 2007, 16% cases were reported by men. A
Government study in UK stated that 2 out of 5 sexual victims are male.

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It is not about fun but abuse of authority. It is found that only 5% to 15% of harassed women report
problems of sexual harassment. There are various reasons why victims are hesitant to make accuses
of sexual harassment. They may fear to lose their or interrupt their career or they may even not be
believed. They can also think that nothing will be done to cease the harassment and to help them.
Likewise, men are also reluctant to report cases, because of their masculine stereotype. They may
think that this can have a negative impression on their masculinity.

Sexual harassment is seen as one of the most difficult and emotional issue that employers,
employees and human resource professionals are facing today. In fact, no profession or occupation
is exempted from this problem. Sexual harassment goes far beyond one’s social background,
educational level, age group or ethnic belonging. It touches all the layers of the population without
any exception.

Sexual harassment has been called “an endemic feature of the contemporary workplace finds that
sexual harassment results in the victim’s decreased job satisfaction, resignation from work, less
socialization, bad health and some symptoms of post-traumatic stress disorder for persons, as well
as lower productivity, mounted absenteeism and rising sick leave costs for organizations.

To know whether unwanted behaviour is pervasive enough to create unfriendly environment,

factors such as frequency of discrimatory manner, harshness of the behaviour, was it physically
threatening or only offensive statement, must be considered. Sexual harassment must be
considered as an issue to be discussed in organizations, before improving a person’s skills to
prevent sexual harassment.

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 A Closer Look at Statistics on Sexual Violence in India

Recent incidents of rape have stirred the conscience of the nation. Even as India reels from the
shock of the cases in Kathua (Jammu and Kashmir) and Unnao (Uttar Pradesh), there are more
such incidents being reported almost on an everyday basis, such as the ones in Surat (Gujarat) and
Nadia (West Bengal).

These barbaric incidents at various parts of the country have once again put the spotlight on India’s
poor track record in protecting its women, almost five years after the brutal Nirbhaya case, in
which a young medical intern was gang-raped and tortured in a moving bus in South Delhi.

Figure 1 image source GOOGLE

This case had led to changes in India’s legal system, including the passing of stricter sexual assault
laws, and the creation of fast-track courts for prosecution of rapes. Recent cases have also led to
legislative changes. At least four states – Rajasthan, Jammu and Kashmir, Haryana, and Arunachal
Pradesh – have introduced the death penalty for rapes of minors, defined as below 12 years of age.
According to news reports, the Centre is also contemplating amending the Protection of Children
from Sexual Offences (POCSO) Act to introduce the provision of the death penalty for raping
minors aged below 12 years.

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Understanding the issues concerning violence and crimes against women are critical to generating
sustainable solutions to the problem. The National Crime Records Bureau (NCRB), a government
of India agency, collects statistics and information on crimes. These crime statistics, especially
those on sexual violence, tend to suffer from under-reporting. In fact, some studies have found that
reported crime rates and actual crime rate could have a negative correlation, due to other issues
like education, legal infrastructure etc.

Rape accounts for about 12% of all crimes against women. The distribution of reported cases
(shown below) is quite uneven across the nation.

Figure 2: Heat map of reported cases of rape (per 100,000 of the population) in India (2016). Source: NCRB

India’s average rate of reported rape cases is about 6.3 per 100,000 of the population. However,
this masks vast geographical differences with places like Sikkim and Delhi having rates of 30.3
and 22.5, respectively, while Tamil Nadu has a rate of less than one. Of course, one must be
careful in interpreting these state-wise differences as these are ‘reported’ cases and could suffer
from under-reporting.

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Even India’s average rate of 6.3, which is not very high when compared with the rest of the
world, suffers from under-reporting. According to a recent report by the Live mint, about 99% of
cases of sexual violence go unreported. If true, this would put India among the nations with
highest levels of crimes against women.

Figure 3:Region-wise break up of reported cases of rape over 2001-2015. Source: NCRB

India’s cases of reported rape have seen a massive jump in the last few years, mainly owing to
the outrage and awareness created out of the unfortunate Nirbhaya case. Reported cases jumped
by a massive 26% in 2013, the highest in the last 15 years, mainly driven by an increase of
reports in the states of Northern India, like Rajasthan, Delhi, and Uttar Pradesh. The trend is also
mirrored for all crimes against women, and not just rape, which also saw an increase of 26% in
2016.

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 Figure 4: Source: Lok Sabha July 27, 2018; December 15, 2017; 2018 figure as on July 27, 2018

UP reported most cases, followed by Delhi Uttar Pradesh--the country’s most populous state--
reported the most cases (726 or 29%) over 2014-18, followed by Delhi (369), Haryana (171),
Madhya Pradesh (154), and Maharashtra (147), as per the data presented in Lok Sabha.

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WHY WOMEN ARE AFRAID TO SPEAK UP
As many as 70% women said they did not report sexual harassment by superiors because they
feared the repercussions, according to a survey conducted by the Indian Bar Association in 2017,
of 6,047 respondents, IndiaSpend reported on March 4, 2017.

“Low or no reporting speaks volumes about the gender sensitivity of a particular organisation,”
Anagha Sarpotdar, a researcher working on sexual harassment at workplace, had told IndiaSpend.
“Women may not know where to go to report harassment or it could be that the cases may not have
been dealt with sincerely. Often, women go to committees believing them to be independent, and
find that they are actually puppets in the hands of their superiors.”

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But voices against sexual harassment at workplaces have grown stronger. Twenty-three cases of
sexual harassment were filed by sportspersons against their coaches or Sports Authority of India
officials, Rajya Vardhan Rathore, minister of state (independent charge) ministry of youth affairs
and sports, informed the Lok Sabha in his reply on July 19, 2018. However, the time period during
which these cases were registered was not mentioned.

“The complaints are dealt with as per the Sexual Harassment of Women at Workplace (Prevention,
Provision and Redressal) Act, 2013 and the Protection of Children from Sexual Offense Act
(POCSO Act), 2012,” Rathore said.

The central government has enacted Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 with the objective of creating a safe and secure work environment in both
the organised and unorganised sector.

The Act provides redress to an “aggrieved woman”, which includes women employed by the
organisation as well as women associated with it in any capacity such as a visitor or an intern,
Vrinda Grover, an advocate at the Supreme Court wrote in The Indian Express on October 12,
2018. It also applies to “women aggrieved by sexual harassment committed in relation to the work
or workplace of that organisation”.

Who can a female employee complain against? “A complaint can be filed against an employee of
the organisation, or even an outsider who comes into contact in the course of or in relation to the
work, such as a consultant, service provider, a vendor, with the workplace or the organisation,”
Grover wrote.

THE PERPETRATOR AT HOME

Most of the times perpetrators of this violence have been the husbands. 31 per cent of married
women have experienced physical, sexual, or emotional violence by their spouses. The most
common type of spousal violence is physical violence (27%), followed by emotional violence
(13%). The survey reported that among married women who have experienced physical violence
since the age of 15, 83 per cent reported their present husbands as perpetrators of the violence.
However, for women who are not married, the experience of physical violence stems from the
most common perpetrators, which includes mothers or step-mothers (56%), fathers or step-fathers
(33%), sisters or brothers (27%), and teachers (15%).

However, the most worrying part of the spousal-violence is that almost every third married women,
who has experienced spousal violence, reported experiencing physical injuries, including eight per
cent who have had eye injuries, sprains, dislocations, or burns and six per cent who have had deep
wounds, broken bones, broken teeth, or any other serious injury. Yet, only 14 per cent of women
who experienced this violence sought help to stop it.

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But the helplessness of stopping the violence being inflicted on them isn’t the only worrying factor.
Women in India, surprisingly, are supportive of domestic violence. Data from the survey shows
women in India between the ages of 40 to 49 were most supportive of domestic violence, with
54.8% in agreement. The percentage justifying abuse is marginally lesser among younger women.
47.7% of girls between the age of 15 and 19 agreed with violence by husbands. This marginal
difference in attitudes of women towards domestic violence is also visible in urban and rural areas.
While 54.4% of rural women surveyed across the country agreed with domestic abuse, only 46.8%
of urban women supported such violence.

SEXUAL VIOLENCE: THE ELEPHANT IN THE ROOM

Sexual rights are a serious concern for Indian women. Validating this concern, six per cent of
women in India and reported to having experienced sexual violence in their lifetime. Among
married women who were victims of sexual violence, over 83% reported their present husband
and 9% report a former husband as the perpetrators. The form of sexual violence most commonly
reported by women was that their husband used physical force to have sexual intercourse when
they did not want to (5.4%). About 4% reported that their husband forced them with threats or in
other ways to perform sexual acts they did not want to, and 3% reported that their husband forced
them to perform other sexual acts they did not want to.

Husbands and wives being out of the purview of rape laws enables men to ‘prey’ on women in the
security of her home. These statistics give a clear indication of the kind of sexual harassment and
violence young girls and women face in India.

The scenario for unmarried women is no different. The survey report highlighted that most
common perpetrators of sexual violence on unmarried women were other relatives (27%),
followed by a current or former boyfriend (18%), their own friend or acquaintance (17%) and a
family friend (11%). “Sexual violence is most often committed by individuals with whom women
have an intimate relationship. Physical violence and sexual violence may not occur in isolation;
rather, women may experience a combination of different types of violence,” the survey report
said. Ironically, India is one of the 36 countries where marital rape, the act of sexual intercourse
with one's spouse without the spouse's consent, is still not a criminal offence.

Section 375 of the Indian Penal Code (IPC) considers forced sex in marriage as a crime only when
the wife is below age 15. Marital rape victims have to take recourse to the Protection of Women
from Domestic Violence Act 2005 (PWDVA) for relief. The PWDVA, which came into force in
2006, outlaws marital rape. However, it offers only a civil remedy for the offence.

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Human Rights Watch (HRW) in its November 2017 report found out that sexual harassment
victims in India face significant barriers to obtaining justice and critical support services. The
report, Everyone Blames Me’: Barriers to Justice and Support Services for Sexual Assault
Survivors in India, found that women and girls who survive rape and other sexual violence often
suffer humiliation at police stations and hospitals.

Under Indian law, police officers who fail to register a complaint of sexual assault face up to two
years in prison. However, Human Rights Watch found that police did not always file a First
Information Report (FIR), the first step to initiating a police investigation, especially if the victim
was from an economically or socially marginalized community. Most of the domestic violence,
sexual violence, and marital rape cases in India are also never reported. Going by the pure numbers,
these cases are grossly under-reported when comparing the National Family Health Survey and
the National Crime Records Bureau (NCRB) data. Lack of trained counsellors who can help
domestic abuse victims and little access to legal aid also adds to the misery of these victims.

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 Chapter 2
TYPES OF VOILENCE AND ABUSE AGAINST
WOMEN

1.1 There are nine distinct forms of violence and abuse:

1. Physical violence;

2. Sexual violence;

3. Emotional violence;

4. Psychological violence;

5. Spiritual violence;

6. Cultural violence;

7. Verbal Abuse;

8. Financial Abuse; and,

9. Neglect.

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1. Physical Violence

Physical violence occurs when someone uses a part of their body or an object to control a
person’s actions.

Physical violence includes, but is not limited to:

• Using physical force which results in pain, discomfort or injury;

• Hitting, pinching, hair-pulling, arm-twisting, strangling, burning, stabbing, punching,

pushing, slapping, beating, shoving, kicking, choking, biting, force-feeding, or any other
rough treatment;

• Assault with a weapon or other object;

• Threats with a weapon or object;

• Deliberate exposure to severe weather or inappropriate room temperatures; and,

• Murder.

Medication abuse

o Inappropriate use of medication, including:

▪ withholding medication;

▪ Not complying with prescription instructions; and,

▪ Over- or under-medication.

Restraints abuse

o Forcible confinement;

o Excessive, unwarranted or unnecessary use of physical restraints;

o Forcing a person to remain in bed;

o Unwarranted use of medication to control a person (also called “chemical

restraint”); and,

o Tying the person to a bed or chair.

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2. Sexual Violence

Sexual violence occurs when a person is forced to unwillingly take part in sexual activity.

Sexual violence includes, but is not limited to:

• Touching in a sexual manner without consent (i.e., kissing, grabbing, fondling);

• Forced sexual intercourse;

• Forcing a person to perform sexual acts that may be degrading or painful;

• Beating sexual parts of the body;

• Forcing a person to view pornographic material; forcing participation in pornographic

filming;

• Using a weapon to force compliance;

• Exhibitionism;

• Making unwelcome sexual comments or jokes; leering behaviour;

• Withholding sexual affection;

• Denial of a person’s sexuality or privacy (watching);

• Denial of sexual information and education;

• Humiliating, criticizing or trying to control a person’s sexuality;

• Forced prostitution;

• Unfounded allegations of promiscuity and/or infidelity; and,

• Purposefully exposing the person to HIV-AIDS or other sexually transmitted infections.

3. Emotional Violence

Emotional violence occurs when someone says or does something to make a person feel stupid
or worthless.

Emotional violence includes, but is not limited to:

• Name calling;

• Blaming all relationship problems on the person;

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 • Using silent treatment;

• Not allowing the person to have contact with family and friends;

• Destroying possessions;

• Jealousy;

• Humiliating or making fun of the person;

• Intimidating the person; causing fear to gain control;

• Threatening to hurt oneself if the person does not cooperate;

• Threatening to abandon the person; and,

• Threatening to have the person deported (if they are an immigrant).

4. Psychological Violence

Psychological violence occurs when someone uses threats and causes fear in a person to gain
control.

Psychological violence includes, but is not limited to:

• Threatening to harm the person or her or his family if she or he leaves;

• Threatening to harm oneself;

• Threats of violence;

• Threats of abandonment;

• Stalking / criminal harassment;

• Destruction of personal property;

• Verbal aggression;

• Socially isolating the person;

• Not allowing access to a telephone;

• Not allowing a competent person to make decisions;

• Inappropriately controlling the person’s activities;

• Treating a person like a child or a servant;

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 • Withholding companionship or affection;

• Use of undue pressure to:

o Sign legal documents;

o Not seek legal assistance or advice;

o Move out of the home;

o Make or change a legal will or beneficiary;

o Make or change an advance health care directive;

o Give money or other possessions to relatives or other caregivers; and,

o Do things the person doesn’t want to do.

5. Spiritual Violence

Spiritual (or religious) violence occurs when someone uses a person’s spiritual beliefs to
manipulate, dominate or control the person.

Spiritual violence includes, but is not limited to:

• Not allowing the person to follow her or his preferred spiritual or religious tradition;

• Forcing a spiritual or religious path or practice on another person;

• Belittling or making fun of a person’s spiritual or religious tradition, beliefs or practices;

and,

• Using one’s spiritual or religious position, rituals or practices to manipulate, dominate or

control a person.

6. Cultural Violence

Cultural violence occurs when a person is harmed as a result of practices that are part of her
or his culture, religion or tradition.

Cultural violence includes, but is not limited to:

• Committing “honour” or other crimes against women in some parts of the world, where
women especially may be physically harmed, shunned, maimed or killed for:

• Falling in love with the “wrong” person;

• Seeking divorce;

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 • Infidelity; committing adultery;

• Being raped;

• Practicing witchcraft; and,

• Being older.

• Cultural violence may take place in some of the following ways:

• Lynching or stoning;

• Banishment;

• Abandonment of an older person at hospital by family;

• Female circumcision;

• Rape-marriage;

• Sexual slavery; and,

• Murder

7. Verbal Abuse

Verbal abuse occurs when someone uses language, whether spoken or written, to cause harm
to a person.

Verbal abuse includes, but is not limited to:

• Recalling a person’s past mistakes;

• Expressing negative expectations;

• Expressing distrust;

• Threatening violence against a person or her or his family members;

• Yelling;

• Lying;

• Name-calling;

• Insulting, swearing;

• Withholding important information;

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 • Unreasonably ordering around;

• Talking unkindly about death to a person; and,

• Telling a person, she or he is worthless or nothing but trouble.

8. Financial Abuse

Financial abuse occurs when someone controls a person’s financial resources without the
person’s consent or misuses those resources.

Financial abuse includes, but is not limited to:

• Not allowing the person to participate in educational programs;

• Forcing the person to work outside the home;

• Refusing to let the person work outside the home or attend school;

• Controlling the person’s choice of occupation;

• Illegally or improperly using a person’s money, assets or property;

• Acts of fraud; pulling off a scam against a person;

• Taking funds from the person without permission for one’s own use;

• Misusing funds through lies, trickery, controlling or withholding money;

• Not allowing access to bank accounts, savings, or other income;

• Giving an allowance and then requiring justification for all money spent;

• Persuading the person to buy a product or give away money;

• Selling the house, furnishings or other possessions without permission;

• Forging a signature on pension cheques or legal documents;

• Misusing a power of attorney, an enduring power of attorney or legal guardianship;

• Not paying bills;

• Opening mail without permission;

• Living in a person’s home without paying fairly for expenses; and,

• Destroying personal property.

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9. Neglect

Neglect occurs when someone has the responsibility to provide care or assistance for you but
does not.

Neglect includes, but is not limited to, the following:

• Failing to meet the needs of a person who is unable to meet those needs alone;

• Abandonment in a public setting; and,

• Not remaining with a person who needs help.

Physical neglect

• Disregarding necessities of daily living, including failing to provide adequate or necessary:

o Nutrition or fluids;

o Shelter;

o Clean clothes and linens;

o Social companionship; and,

o Failing to turn a bed-ridden person frequently to prevent stiffness and bed-sores.

Medical neglect

• Ignoring special dietary requirements;

• Not providing needed medications;

• Not calling a physician; not reporting or taking action on a medical condition, injury or
problem; and,

• Not being aware of the possible negative effects of medications.

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 Chapter 3
Workplace Sexual Harassment

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013
addresses the issue of workplace sexual harassment faced by women.

Women covered under the Act

• The Act recognizes the right of every woman to a safe and secure workplace environment
irrespective of her age or employment/work status. Hence, the right of all women working
or visiting any workplace whether in the capacity of regular, temporary, adhoc, or daily
wages basis is protected under the Act.

• It includes all women whether engaged directly or through an agent including a contractor,
with or without the knowledge of the principal employer. They may be working for
remuneration, on a voluntary basis or otherwise.

• Their terms of employment can be express or implied.

• Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, or

called by any other such name.

• The Act also covers a woman, who is working in a dwelling place or house.

Figure 5: SOUCE
http://www.shebox.nic.in/assets/site/main/images/Handbook%20on%20Sexual%20Harassment%20of%20Women%20at%20W
orkplace.pdf

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Definition of Workplace

• A workplace is defined as “any place visited by the employee arising out of or during the
course of employment, including transportation provided by the employer for undertaking
such a journey.”

• As per this definition, a workplace covers both the organised and un-organised sectors.

• It also includes all workplaces whether owned by Indian or foreign company having a place
of work in India.

As per the Act, workplace includes:

• Government organizations, including Government company, corporations and cooperative

societies;

• Private sector organisations, venture, society, trust, NGO or service providers etc.
providing services which are commercial, vocational, educational, sports, professional,
entertainment, industrial, health related or financial activities, including production,
supply, sale, distribution or service;

• Hospitals/Nursing Homes;

• Sports Institutes/Facilities;

• Places visited by the employee (including while on travel) including transportation

provided by employer;

• A dwelling place or house.

The Act defines the Unorganised Sector as:

• Any enterprise owned by an individual or self-employed workers engaged in the

production or sale of goods or providing services of any kind;

• Any enterprise which employs less than 10 workers.

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 Examples of workplaces

Figure 6: source
http://www.shebox.nic.in/assets/site/main/images/Handbook%20on%20Sexual%20Harassment%20of%20Women%20at%20W
orkplace.pdf

SEXUAL HARASSMENT AT THE WORKPLACE

“Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour
(whether directly or by implication), namely:

1. Physical contact or advances;

2. A demand or request for sexual favours;

3. Making sexually coloured remarks;

4. Showing pornography;

5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Key elements of workplace sexual harassment

• Very often situations that start off innocently end up in inappropriate and unprofessional
behaviours.

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• It is important to remember that workplace sexual harassment is sexual, unwelcome and the
experience is subjective.
• It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
• It is possible that a woman may experience a single instance of sexual harassment or a series of
incidents over a period of time.
• It is important also to remember that each case is unique and should be examined in its own context
and according to the surrounding circumstances as a whole.
• To enable prevention of sexual harassment at the workplace, it is critical to recognize and
differentiate between welcome and unwelcome sexual behaviour.
• Listed are some examples of how “unwelcome” and “welcome” behaviour is experienced.

Some examples of behaviour that constitute sexual harassment at the workplace:

1. Making sexually suggestive remarks or innuendos.
2. Serious or repeated offensive remarks, such as teasing related to a person’s body or
appearance.
3. Offensive comments or jokes.
4. Inappropriate questions, suggestions or remarks about a person’s sex life.
5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-mails.
6. Intimidation, threats, blackmail around sexual favours.
7. Threats, intimidation or retaliation against an employee who speaks up about unwelcome
behaviour with sexual overtones.
8. Unwelcome social invitations, with sexual overtones commonly understood as flirting.
9. Unwelcome sexual advances which may or may not be accompanied by promises or
threats, explicit or implicit.
10. Physical contact such as touching or pinching.
11. Caressing, kissing or fondling someone against her will (could be considered assault).
12. Invasion of personal space (getting too close for no reason, brushing against or cornering
someone).
13. Persistently asking someone out, despite being turned down.
14. Stalking an individual.
15. Abuse of authority or power to threaten a person’s job or undermine her performance
against sexual favours.
16. Falsely accusing and undermining a person behind closed doors for sexual favours.
17. Controlling a person’s reputation by rumour-mongering about her private life.

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Traditional forms of Sexual Harassment

Sexual Harassment has traditionally been divided into two well-known forms:

➢ Quid pro Quo

➢ Hostile work environment

"Quid Pro Quo" literally means "this for that". Applying this to sexual harassment, it means
seeking sexual favours or advances in exchange for work benefits such as promises of promotion,
higher pay, academic advancements etc. This type of sexual harassment mostly holds a woman to
ransom as her refusal to comply with a 'request' can be met with retaliatory action such as
dismissal, demotion, memos, tarnished work record and difficult work conditions.

"Hostile work environment" is a less clear yet more pervasive form of sexual harassment. It
commonly involves conditions of work or behaviour towards a female worker, which make it
unbearable for her to be there. While the worker is never promised or denied anything in this
context, unwelcome sexual harassment occurs simply because she is a woman. Understanding
Instances of Sexual Harassment, a number of surveys revealed that a number of unwelcome actions
by fellow colleagues are causing harassment among women workers.

Prominent of them are:

1. Derogatory comments of sexual nature or based on gender

2. Presence of sexual visual material or pornographic material such as posters, cartoons,
drawings, calendars, pinups, pictures, computer programs of sexual nature
3. Written material that is sexual in nature, such as notes or e - mail containing sexual
comments
4. Comments about clothing, personal behaviour, or a person ‘s body
5. Patting, stroking grabbing or pinching one ‘s body
6. Obscene phone calls
7. Telling lies or spreading rumours about a person ‘s personal or sex life
8. Rape or attempted rape and so on.

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Impact and Consequences

While it was being increasingly found difficult to find any legal remedy against such sexual
overtures, nobody could deny the ill effects they cause on overall work atmosphere and
productivity of any organization. The menace was causing innumerable incidents of harassment
also in the unorganized sectors. Any workplace coming under the grip of this growing evil had
cumulative effects on the whole organization; its impact on individual women was multiple and
added up to losses for the organization as a whole.

Whenever sexual harassment had become so unpleasant and make a worker ‘s life miserable, she
would seek Redressal under the extant law such as Section 354 (outraging of modesty) or Section
509 (insulting of modesty) of the Indian Penal Code, 1890. She would also seek alternative
employment. The employer would on its part, incur significant costs in defending its image and in
finding suitable replacements for both the errant and the harassed members of its workforce.
Generally, therefore, it had been in the interest of employers that the working environment
provides that the workers are treated with dignity.

Looking from the angle of human resources, sexual harassment causes a range of ill effects like:

1. Self - blame and guilt

2. Insomnia or other sleep disturbances
3. Depression
4. Anxiety, fear, decreased interest in work
5. Restlessness, uncertainty about future
6. Physical or emotional withdrawal from friends, family and co-workers and so on.

VIOLENCE AGAINST WOMEN AND INDIAN LEGISLATION

Crimes against women are classified in the Indian Penal Code (IPC) and special and local laws.
Some of the crimes under the IPC are mentioned below:

• Rape (Section 376 IPC): Over the years there has been a trend of increasing number of
cases being reported. 9.2% increase was reported in the year 2011 over the year 2010. Rape
cases have been divided into two categories: Incest rape and other rapes. Delhi has often
been addressed as the rape capital of India
• Kidnapping and abduction (Section 363-373 IPC): Delhi has shown the highest rate
• Dowry death (Section 302, 304B IPC) and Dowry Prohibition Act, 1961: Highest rate has
been reported in Bihar
• Torture (Cruelty by Husband and Relatives of Husband) (Section 498-A IPC): The highest
crime rate was reported in West Bengal

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 • Molestation (Section 354 IPC): Madhya Pradesh has reported the highest incident, and
Kerala has reported the highest crime rate
• Sexual harassment (Section 509 IPC): Sexual harassment of women is a violation of the
fundamental right of women to work in a safe environment
• Importation of girls (Section 366-B IPC).

REASONS OF SEXUAL HARASSMENT AT WORKPLACE

Reasons for sexual harassment of women at workplace are many; some reasons are of generally
prevailing in the society as a whole but some are specific to workplace. A few among them will
be discussed below:

1. Patriarchal Structure:

The basic reason behind almost all types of harassment or violence against women lies in
our society’s patriarchal structure whereby a male always thinks himself superior than the woman
in every aspect of life. This superiority complex manifests itself in various kinds of discriminatory
practices against women in general and also against working women. Thus, a male colleague
would not like his female co-employee to work with him equally or he would not like her to reach
at a higher position in the office; and to make her feel inferior or to make her uncomfortable or in
order to harass her, different kinds of techniques are used by male colleagues and prominent among
these are sexually coloured techniques such as indecent remarks, unwelcome conduct, showing of
vulgar images or videos or any other similar behaviour.

2. Sexual Perversion:

Apart from this, sexual perversion of mind among certain individuals is also one of the major
reasons of sexual harassment of women at workplace. While more and more female employees are
being recruited by both public and private sectors, such men have got an easy access to indulge in
sexually perverted behaviours.

3. Jealousy at Workplace:

Jealousy at workplace is also a reason for such crimes against women employees; a male employee
would not like to see his female colleague to get success, promotion or incentives by the employer.
And in jealousy, he would harass her through sexually perverted behaviour. It is also linked to
perceived superiority feeling among men that a woman could never become better than them.

4. Feeling of Contempt and Disrespect:

Apart from these reasons, a general feeling of contempt and disrespect for women among male
species is also a prominent reason whereby women are considered only as an object to fulfil sexual
desires of men. We might respect women in our homes but other women in the society are not
treated as such. Women at workplace is no different; male colleagues consider them as their object

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 of play, vulgar comments and jokes, obscene gestures, gossips of sexual nature etc. are the norms
of any workplace. Though, in our society we claim to respect and worship women but in reality
various types of crimes committed against women shows that our claim in nothing but a falsity.

5. Male Superiority:

Thus, there can be several and varied reasons for sexual harassment of women at workplace but
the essential elements of all such reasons is the deep rooted feeling of Male Superiority among
men in general. The social conditioning of men in a patriarchal system reinforces such feeling
generation after generation which creates the base for crimes like sexual harassment at workplace.

Traditional and cultural practices perpetuating violence against women

Female genital mutilation

Two million/year undergo female genital mutilation (FGM) in the world. It takes place in 28
countries in Africa, in some regions of Asia and the Middle East and in certain immigrant
communities in North America, Europe, and Australia. FGM can lead to death, infertility, and
long-term psychological trauma combined with increased physical suffering.

Acid attacks

In Bangladesh, it estimated that there are over 200 acid attacks each year. Sulphuric acid attacks
have emerged as a cheap and readily accessible weapon to disfigure and sometimes kill women
and girls for reasons as varied as family feuds, inability to meet dowry demands, and rejection of
marriage proposals.

Killing in the name of family honour

In several countries of the world including Bangladesh, Egypt, Jordan, Lebanon, Pakistan, Turkey,
and India, women are killed to uphold the honour of the family due to varied reasons such as-
alleged adultery, premarital relationship (with or without sexual relations), rape, falling in love
with a person the family disapproves, which justify a male member of the family to kill the woman
concerned. It is rather disturbing that in certain countries (Jordan) the penal laws governing such
crimes are lenient if the person committing the crime is below the age of 18 years. In India honour
killings appear to be on the rise.

Early marriages

Early marriage with or without the consent of the girl, constitutes a form of violence as it
undermines the health and autonomy of millions of girls. Nearly 12% were married by age 12,
26% by age 15, and 24% married by age 18. The legal minimum age for marriage is usually lower
for females as compared to males. In many countries, the minimum legal age for marriage with

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parental consent is considerably lower, than without it. More than 50 countries allow marriage at
16 and below with parental consent.

Sociocultural factors disfavouring women

Stereotypes of gender roles have continued over the ages. The primary roles for women have been
marriage and motherhood. Women must marry because an unmarried, separated or divorced status
is a stigma. The custom of dowry is still prevalent in Indian marriages. Marriage cannot be
dissolved. In the settlement of marriage, it is generally ensured that the woman is younger,
nonworking, and less educated than her husband. Thus, the “brother-sister” or “father-daughter”
model continues into marriage with the husband having the right to dominate and discipline his
wife. After marriage the girl has to go to her husband's home, never to return to her parent's place.
At her husband's place, she has to accept the prevailing norm of an inferior status of the “Bahu”
(daughter-in-law), which means she should adjust and be tolerant and respectful toward all
members of the family, including those much younger to her. She should not disclose her problems
to anyone outside the home, nor take help from outside (not even parents). Husband is given a
divine status. Relatives bless the husband “Suhagvati raho” (may your husband live long), or
“Phalo phalo” (may you bear fruits [children]); not the wife. She should bring money and gifts
from parents on various festivals. She has nothing of her own. Without husband life has no
meaning for her. Although the practice of Sati has declined, enforced widowhood is still prevalent.
These sociocultural factors have continued over the years and have put women at risk for various
forms of abuse.

Modernisation

Modern styles of living and rapid technological advances have also been blamed. Mobiles, iPad,
television, computers, internet have become the order of the day. Women are moving out of the
houses more freely and there is free mixing of the two genders. “Fashion, Drink, Dine and Make
Merry” or “You live only once” culture is being promoted amongst the youth. Television and
cinemas are portraying sexual material for making fast money. Pornographic material is easily
available to many on the internet and through other ways.

Late marriages

Marriages are being delayed for various reasons with a trend toward getting married around 30, or
even later.

Life stress

Poor quality of education, high competition in education and employment, corruption and inflation
are the common stresses of the youth. The high-risk individual could be a young person, who lives
away from his home, anxious and depressed, frequently views pornography and resorts to alcohol
for recreation and relaxation.

Judiciary and law enforcement machinery

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An insensitive, inefficient, corrupt and unaccountable judicial system and law enforcement
machinery fails to deter against various forms of crimes.

Decline in moral and religious values

Population explosion

Unplanned increase in population leads to many types of stresses, which indirectly contribute to
the risk of violence against women.

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 CHAPTER- 4
INDIAN LAWS RELATING TO WOMEN

Constitutional Provisions and Privileges

(i) Equality before law for women (Article 14)

(ii) The State not to discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them (Article 15 (i))

(iii) The State to make any special provision in favour of women and children (Article 15 (3))

(iv) Equality of opportunity for all citizens in matters relating to employment or appointment to
any office under the State (Article 16)

(v) The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a)); and equal pay for equal work for both men and
women (Article 39(d))

(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable
legislation or scheme or in any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities (Article 39 a)

(vii) The State to make provision for securing just and humane conditions of work and for
maternity relief (Article 42)

(viii) The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46)

(ix) The State to raise the level of nutrition and the standard of living of its people (Article 47)

(x) To promote harmony and the spirit of common brotherhood amongst all the people of India
and to renounce practices derogatory to the dignity of women (Article 51(A) (e))

(xi) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Panchayat to be reserved for women and such seats to be allotted by rotation to
different constituencies in a Panchayat (Article 243 D(3))

(xii) Not less than one- third of the total number of offices of Chairpersons in the Panchayats at
each level to be reserved for women (Article 243 D (4))

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(ix) Not less than one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct
election in every Municipality to be reserved for women and such seats to be allotted by rotation
to different constituencies in a Municipality (Article 243 T (3))

(x) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature of a State may by law provide
(Article 243 T (4))

LAWS RELATING TO WOMEN

• Commission of Sati (Prevention) Act, 1987

• Criminal Law (Amendment) Act, 1983

• Dowry Prohibition Act, 1961

• Immoral Traffic (Prevention) Act, 1956

• Indecent Representation of Women (Prohibition) Act, 1986

• National Commission for Women Act, 1990

• Prohibition of Sexual Harassment of Women at the Workplace Bill, 2010

• Protection of Women from Domestic Violence Act, 2005

LAWS RELATING TO WORKING WOMEN

• Contract Labour (Regulation and Abolition) Act, 1976

• Employees State Insurance Act, 1948

• Equal Remuneration Act, 1976

• Factories (Amendment) Act, 1948

• Maternity Benefit Act, 1961 (Amended in 1995)

• Plantation Labour Act, 1951

LAWS RELATING TO MARRIAGE & DIVORCE

• Anand Marriage Act, 1909

• Arya Marriage Validation Act, 1937

• Births, Deaths & Marriages Registration Act, 1886

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 • Bangalore Marriages Validating Act, 1936

• Converts’ Marriage Dissolution Act, 1866

• Dissolution of Muslim Marriages Act, 1939

• Family Courts Act, 1984

• Foreign Marriage Act, 1969

• Hindu Marriage Act, 1955

• Hindu Marriages (Validation of Proceedings) Act, 1960

• Indian Christian Marriage Act, 1872

• Indian Divorce Act, 1869

• Indian Divorce Amendment Bill, 2001

• Indian Matrimonial Causes (War Marriages) Act, 1948

• Marriage Laws (Amendment) Act, 2001

• Marriages Validation Act, 1892

• Muslim Women (Protection of Rights on Divorce) Act, 1986

• Parsi Marriage & Divorce Act, 1936

• Prohibition of Child Marriage Act, 2006

• Special Marriages Act, 1954

LAWS RELATING TO MAINTENANCE

The Code of Criminal Procedure, 1973:

• Order for maintenance of wives, children and parents under section 125

• Procedure to be followed under section 125

• Alteration in allowance under section 125

• Enforcement of the order of maintenance

Laws relating to abortion

• Medical Termination of Pregnancy Act, 1971

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 • Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994

• Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act,

2001

• Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act,

2002

Laws relating to property, succession, inheritance, guardianship & adoption

• Guardians & Wards Act, 1890

• Hindu Adoptions & Maintenance Act, 1956

• Hindu Inheritance (Removal of Disabilities) Act, 1928

• Hindu Minority & Guardianship Act, 1956

• Hindu Succession Act, 1956

• Hindu Succession (Amendment) Act, 2005

• Indian Succession Act, 1925

• Indian Succession (Amendment) Act, 2002

• Married Women’s Property Act, 1874

• Married Women’s Property (Extension) Act, 1959

Offences against women in the Indian Penal Code

THE INDIAN PENAL CODE, 1860

• Abandoning of child under 12 years of age

• Adultery
• Assault or criminal force to a woman with intent to outrage her modesty
• Buying minor for purpose of prostitution
• Causing death of quick unborn child by act amounting to culpable homicide
• Causing miscarriage or miscarriage without the woman’s consent
• Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

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• Concealment of birth by secret disposal of dead body
• Concealment of former marriage
• Death caused by act done with intent to cause miscarriage
• Dowry death
• Enticing, detaining or taking away with criminal intent a married woman
• Fraudulent marriage ceremony without lawful marriage
• Husband or relative of a husband of a woman subjecting her to cruelty
• Importation of girl from foreign country
• Intercourse by man with his wife during separation
• Intercourse by a member of management or staff of a hospital with any woman in that
hospital
• Intercourse by public servant with a woman in his custody
• Intercourse by superintendent of jail, remand home, etc.
• Kidnapping, abducting or inducing woman to compel her marriage
• Marriage ceremony fraudulently gone through without lawful marriage
• Marrying again during lifetime of spouse (Also see here)
• Preventing a child from being born alive or causing its death after birth
• Procreation of minor girl
• Rape (Also see here)
• Selling minor for purpose of prostitution
• Word, gesture or act intended to insult the modesty of a woman.

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 Chapter 5
Who is the woman behind the #MeToo
movement?
The #MeToo movement has created a sea change for victims of sexual harassment and assault.
Now more than ever before, women are speaking up about their experiences, and perpetrators are
being called upon to account for their actions.

But where did the words that inspired this movement come from? What prompted Alyssa Milano
to post the now viral #MeToo tweet that spread like wildfire across social media? It turns out that
the #MeToo movement has been active for over a decade, thanks to the inspired and dedicated
work of Tarana Burke, an activist and advocate for young women of colour. Here's what you
should know about both her life and her incredible, important work.

Tarana Burke, like so many women, is a survivor of sexual violence. She told Philadelphia
newspaper The Inquirer that she was raped when she was only 6 years old, molested for several
years by a neighbourhood teenager, and raped again as an adult. She's also dealt with street
harassment over the years, and a thwarted attempt by some neighbourhood boys when she was
younger.

Because of these experiences, Burke knows first-hand how important it is to find healing after
these encounters. And she has dedicated her life to helping women — especially women of colour
— rebound from them. "I want the women I work with to find the entry point to where their healing
is," she said. "Violence is violence. Trauma is trauma. And we are taught to downplay it, even
think about it as child's play."

Born and raised in the Empire State, Burke came of age in the 1970s and 1980s. And her
upbringing had an impact on her. She told The Guardian, "I grew up in, not poverty — that sounds
a bit Tiny Tim — but, you know, low-income, working-class family in a housing project in the
Bronx. We didn't have a ton of resources."

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Life might not have been easy, but Burke cites influences that fostered her development. She
continued, "But my mother was very determined — she had me in all sorts of programmes;
anything she could put me in, she did. And I read a lot when I was young. Those were the things
that helped change the trajectory of my life."

The #MeToo movement didn't start with Alyssa Milano's tweet. Rather, Burke coined the phrase
in back in 2006 when she created the non-profit Just Be Inc. to help young women of colour. In an
interview with Yes magazine, Burke talked about the origins of the movement. She said, "My work
started in support of Black and brown girls in the community in Alabama. And it grew to be about
supporting Black and brown women and girls across the country. And beyond that it grew to be
about supporting marginalized people in marginalized communities."

Burke has been hard at work for social justice for a long time. She told Elle that she started as a
teenager doing organizing work as part of the 21st Century Youth Leadership Movement when
she was just 14.

Over the years she continued her work, and sharpened her focus along the way. "I've done work
in every area of social justice you can think of, but I've been highly focused on young people and
then specifically black and brown girls," she continued. "Somewhere around 2003, I started
realizing that our girls, specifically black and brown girls, needed specific attention and so that's
what I started honing in on." Now she's a senior director for a non-profit in Brooklyn called Girls
for Gender Equity, which focuses on providing girls with leadership development around issues
of gender equity and race.

In December 2017, Time magazine announced that their Person of the Year was a group they
dubbed "The Silence Breakers."

The real reason so many stars wore black to the Golden Globes

Women in television and movies are demanding change — especially in terms of treatment by
their male colleagues. After movie producer Harvey Weinstein was called out by the media for
alleged sexual harassment and assault in October 2017, it was soon discovered that he wasn't the
only man in Tinsel Town to have reportedly used his power and influence to place people in
uncomfortable and potentially devastating situations. Other well-known men in high-up positions,

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such as Brett Ratner, Louis C.K., and Dustin Hoffman, also faced serious allegations of their own,
bringing to light the awful behaviour that women in the industry have had to endure for decades.

Wearing black to the 75th Annual Golden Globe Awards was a way to speak out against systemic
sexual abuse in Hollywood. Hosts Jackie Oshry and Claudia Oshry confirmed as much on The
Morning Breath, stating that all female attendees of the big event were "going to be wearing black,
obviously to protest the injustices that have been taking place in Hollywood since forever."

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 Chapter 6

The rise of #MeToo in India

Indian journalist Priya Ramani wrote an open letter to “the Harvey Weinstein’s of the world,”
published in Vogue India.

In it, she detailed a job interview with an unnamed older male editor, which he scheduled to take
place in a hotel room. “You taught me my first workplace lesson. I was 23, you were 43. I grew
up reading your smart opinions and dreamt of being as erudite as you. You were one of my
professional heroes,” she wrote.

“Turns out you were as talented a predator as you were a writer,” she continued. “It was more date,
less interview. ... I escaped that night, you hired me, I worked for you for many months even
though I swore I would never be in a room alone with you again.”

A year later, on October 8, Ramani identified that editor as M.J. Akbar. He had entered politics
and was serving as the minister of state for external affairs (akin to a deputy foreign minister).
Multiple women came forward with more allegations, many of them journalists who had
encountered Akbar at various publications.

Akbar officially resigned from his post last Wednesday.

“As women we feel vindicated by MJ Akbar’s resignation,” Ramani tweeted. “I look forward to
the day when I will also get justice in court #metoo.”

Akbar is now one of the most prominent men to have been brought down by India’s growing
#MeToo movement, which has taken hold with intensity.

Ramani’s statement is part of a larger wave of activism, sparked by Bollywood actress Tanushree
Dutta, who revived decade-old allegations against an actor, and by writer and comedian Mahima
Kukreja. Kukreja detailed allegations on Twitter about a male comedian who had sent her lewd
messages. After she posted her tweet, the outpouring began.

“It snowballed into now what is now essentially the #MeToo movement in India,” Kukreja told
me. “It became larger than one particular story, or one particular woman ... it became about how
men in power are just getting away with it.”

That reckoning is sweeping through the entertainment and media industries in India and is now
spilling into politics. Women are calling out sexual harassment, particularly in the workplace,
leading a new movement fuelled by social media.

India’s patriarchal and conservative society, and the divides between regions and languages, have
so far limited the reach of #MeToo to mostly elite sectors of society and urban areas. But activists

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believe it has to start somewhere, and they see women, coming forward and naming themselves as
survivors, as a turning point.

“This movement [has] broken the silence,” said Zakia Soman, co-founder of the Indian Muslim
Women’s Organization and a long-time advocate for women’s and human rights. “The breaking
of the silence is the important first step.”

India’s survivors have turned into #MeToo activists

Kukreja, the writer and comedian, said her decision to come forward with allegations against a
harasser in October felt impulsive. “There was something inside my head that snapped — which
was just this moment of anger and resentment and this pure urgent need to tell the truth,” she told
me. “That all just came crashing down in my head.”

The catalyst was a tweet from male comedian Utsav Chakraborty calling out other Indian men for
harassing women. It frustrated Kukreja that Chakraborty was pretending to be a feminist ally when
she knew, she says, his private actions didn’t match up. She spoke up. And then so did other
victims. Chakraborty apologized on Twitter, and it soon came out that one of the founders of his
comedy troupe knew about the allegations against him, and another was later accused of sexual
misconduct himself; both stepped away from the company. Kukreja thought there might be other
women who had a similar story to tell about Chakraborty, and there were. But she didn’t quite
expect the large number of messages she received.

“We became — and I especially, in the first couple of days — became like trauma keepers,” she
said. “All these women were waiting to tell their stories, waiting to be heard, to be seen, to feel
like a human being.” High-profile women are coming forward. Tanushree Dutta, a Bollywood
actress, renewed allegations in late September that fellow actor Nana Patekar had tried to change
around a scene in a movie so he could grope her. (Patekar has denied the allegations.) Dutta spoke
out when the alleged incident happened, back in 2008, but says she was shamed and
threatened into silence. Now, a decade later, she’s bringing it up again, and has submitted
her harassment complaint to the police.

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Where does India’s #MeToo movement go from here?

The female-led activism that’s surged in recent weeks in India owes a lot to social media.
The #MeToo conversation spiked online, including in India, during Brett Kavanaugh’s Supreme
Court hearings and the allegations and testimony of Christine Blasey Ford. Social media has
provided a platform where women can speak out to name the perpetrators, and find a community,
and solidarity, with other survivors.

The groundwork for this #MeToo moment in India may have started a few years ago. In 2012, a
gang rape of a 23-year-old woman in New Delhi galvanized the country, sparking mass
protests and criticism over the government’s handling of the case. It also incited real activism and
discussion about violence against women and other gender inequities.

Rachel Vogelstein, a fellow at the Council on Foreign Relations who’s studying the #MeToo
movement worldwide, said the activism after the 2012 rape case helped establish advocacy
networks and provide the vocabulary that’s driving the current movement.

But the culture hasn’t caught up with the laws in all cases. Women still face incredible stigma for
speaking out about rape or sexual assault. Victims are frequently blamed for bringing sexual
violence on themselves. Because of this, many don’t see the law enforcement or legal system as a
real, viable option for recourse against misconduct.

This includes sexual harassment. In 2013, India enacted a law to prevent sexual harassment at
work. But Soman said even though the law exists on paper, enforcement has lagged. “That is
what#MeToo is contributing,” she said. “It’s creating that kind of an awareness.” That, too, may
have helped prompt the grassroots movement on social media to call out abusers; it may have been
the closest thing to some sort of justice. Which is why Akbar’s resignation underscored the
growing power of the movement: that a once-powerful figure in journalism, a government official,
actually lost his job. “The fact that we are seeing any kind of consequences is really, really new,”
Vogelstein said of India.

It also reveals the challenges, and the risks of #MeToo. “[To] publicly come out and name names
and put your face and identity behind it — it takes a lot of courage to do that,” Kukreja told me.
This is particularly true in India, which has strict defamation laws. Alyssa Ayres, an India expert
at the Council on Foreign Relations, told me that in India, defamation — meaning the act of
intentionally damaging someone’s reputation — can carry criminal penalties. For example,
Akbar is pursuing a criminal defamation case against Ramani “intentionally putting forward
malicious, fabricated and salacious” accusations that harmed his reputation. Ramani has multiple
witnesses backing her up. But the threat of criminality could certainly put a chill on women coming
forward.

The #MeToo allegations so far have cantered on men in mostly high-profile industries, but it’s
also feeding into the discussion of larger questions about gender equality and discrimination in
India — and how much more work is left to do. “People are also saying, ‘Well, we do have a
problem in India, and the #MeToo conversation is only about the elite. Go to some of our villages

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or take a look at the kinds of inequities and harassment that women in other Indian-language media
have to face,’” Ayres said.

India’s regional and language diversity, differences in access to technology, and the stigma around
sexual violence all contribute to a culture of silence. Many women could also be risking their
livelihoods if they speak out. For a woman in a small town, Soman said, “if she were to come out
and say this is happening to her, it will be really, really dangerous.”

And yet there are some early signs that #MeToo movement is cracking — if not yet breaking —
those barriers. Reuters reported that government officials were considering tightening sexual
harassment laws in the wake of Akbar’s resignation, and there have been some reports that
companies are examining their policies, too. The National Commission for Women in India has
set up a dedicated email for people to submit formal complaints about harassment. The email
address — ncw.metoo@gmail.com — is evidence of how just how much this movement has jolted
the country.

“There is an unmistakable change in the last couple of weeks with the number of women who’ve
come forward to share their experience,” Vogelstein said. Looming above it all is the fear of a
backlash before any kind of wholesale change can happen. Recently, a minister for the ruling party
in India called #MeToo a product of “people with perverted minds.”

Kukreja said there will always be trolls, but anyone who thinks this is some sort of “witch hunt”
isn’t paying attention. The #MeToo movement is real — just ask any woman. “This is insidious,
it’s complex, it’s far-reaching,” she told me. “It is present through every single intersection of
gender, sexuality, religion, and class system, careers ... and to ignore it now would be to [miss] the
chance, the greatest chance that we’ve had in recent modern history to be able to make it better.”

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 Chapter – 7

THE #METOO MOVEMENT AND THE LAW

Movements like #MeToo and Time's Up evolved from journalists, celebrities, and everyday people
working to bring sexual assault and sexual harassment to the forefront of our collective attention
in an effort to end them. By encouraging survivors to come forward, these movements target the
one key element that has allowed sexual harassment and abuse to perpetuate - silence.

These movements have not only given survivors a forum to discuss their experiences; they've also
raised important questions about civil and criminal statutes of limitations, and the scope and
authority of nondisclosure agreements. While these movements have had a substantial social
impact, this article focuses on the impact they've had on the legal system.

The #MeToo Movement and Time's Up: Overview

Although the term was coined in 2006, the #MeToo movement was thrown into the spotlight in
2017 when several female celebrities accused media mogul Harvey Weinstein of sexual
harassment and assault. Since then, women (and some men) from all walks of life have shared
their experiences with sexual violence and harassment on social media.

The #MeToo movement deals specifically with sexual violence and harassment and focuses on the
healing and survivorship of those who've experienced all forms of sexual abuse. Time's Up is a
separate movement with specific goals, and can be considered an "action" step for #MeToo. More
specifically, the goal of the Time's Up movement is to establish safety and equity in the workplace
by focusing on changing policies and laws and by bringing lawsuits to hold perpetrators
accountable.

In order to fund their goals, the group behind the Time's Up movement has created the Time's Up
Legal Defence Fund, which provides financial and legal support to men and women who seek to
fight sexual misconduct in court.

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The #MeToo Movement and the Law: Highlighting Legal Issues

The #MeToo movement has forced uncomfortable -- yet critical -- conversations in the social
square, but it has also highlighted important legal issues. One key issue is how the judicial system
should handle older claims of abuse where evidence may be lacking or where there are spoliation
issues. The movement has also shown that there are a variety of forums to secure justice outside
of the criminal justice system, especially when it comes to older claims, which has also raised
questions about the role that due process plays in those venues.

Criminal and Civil Courts

Most states require prosecutors to file criminal charges against a suspect within a specified period
of time, known as a "statute of limitations." Although intended to promote timely prosecutions,
these time limitations have also prevented victims from seeking justice for older claims. For
example, despite 60 women accusing Bill Cosby of sexual misconduct, he was only prosecuted for
sexually assaulting one woman because it was the only claim that fell within the statute of
limitations.

The #MeToo movement has also highlighted the ability of survivors to use civil courts as another
venue to raise their claims of sexual harassment and abuse. While there are still statutes of
limitations issues to consider in civil cases, the standard of proof is a "preponderance of evidence,"
which is an easier standard to meet than the standard required in criminal cases. Also, although
they don't lead to findings of criminal guilt and imprisonment, civil cases can have a wider impact
by exposing liability and by forcing policy and personnel changes within organizations.

Media and Social Media Outlets

Beyond the judicial system, the movement has shown that raising allegations via social or
traditional media can also be an effective way to get claims investigated and to shame perpetrators,
sometimes even forcing them to step down from their positions or face termination. Often,
bringing a civil suit after an employer has already investigated and disciplined or terminated a
perpetrator means that those subjected to abuse could benefit from a stronger body of investigative
evidence, should they seek to later file a civil suit.

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Due Process Issues

People sometimes question whether the accused has been afforded "due process," especially when
allegations are raised outside of the judicial system. It's important to note the difference between
due process as it applies to court cases, and due process in the broader context of society. In
criminal cases, due process is guaranteed by the U.S. Constitution and is meant to ensure that
specific standards and procedures are met before a defendant can be convicted and imprisoned for
a crime. For example, criminal defendants have certain fundamental rights, such as rights to a
speedy trial or trial by jury.

However, "due process" in terms of society or the workplace is not the same. It's a norm, governed
by ideas promoted in social standards and employment policies, rather than the Constitution. This
type of due process is based on unwritten concepts of fairness that usually refer to the ability of
both sides to address allegations. While these notions are not necessarily formal requirements,
there are civil remedies in place to also help address false allegations, such as defamation
and wrongful termination lawsuits.

The #MeToo Movement's Impact on the Law

It's clear that the #MeToo movement has shined a light on the prevalence of sexual assault, abuse,
and harassment. In addition to sparking litigation in the courts, it's also had an effect on state laws,
particularly those related to workplace conduct.

For example, a few states like Washington and California have changed their laws to restrict the
use of non-disclosure agreements (NDAs) to cover up sexual harassment and abuse.

The #MeToo movement has also pushed states to take a look at their backlog of rape kits with
some states mandating the use of rape kits and providing increased funding in order to clear their
backlogs. Additionally, some states have reconsidered their statutes of limitations when it comes
to prosecuting sex crimes and have also extended or lifted their statutes of limitations to file civil
suits against sexual abusers.

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 Chapter – 8

#MeToo movement: Sexual harassment allegations so

far
The #MeToo movement, which began in the United States more than a year ago in response to
accusations of sexual harassment and abuse by powerful men in the entertainment industry, gained
traction in India late September after actress Tanushree Dutta accused Nana Patekar of
inappropriate behaviour on the sets of a film they were shooting in 2008.

Here's the list of some of the prominent names who have been caught in the web of #MeToo
allegations so far:

• M J Akbar

Former Union minister

ACCUSED OF: Several women journalists, including Pallavi Gogoi, Priya Ramani, Ghazala
Wahab and Shutapa Paul and Tushita Patel came out with detailed accounts of alleged sexual
misconduct by Akbar when he held senior editorial positions at various media organisations.

HIS DEFENCE: M J Akbar has called all the allegations against him false and fabricated. He has
further accused Priya Ramani of "wilfully, deliberately, intentionally and maliciously" defaming
him. Akbar has vehemently denied the allegations of rape levelled by Pallavi Gogoi and said that
he was in a consensual relationship with her.

CURRENT STATUS: The Editors Guild of India on Thursday, through an official statement,
requested M J Akbar to withdraw his defamation case against journalist Priya Ramani. Akbar has
also filed a defamation case in Delhi's Patiala House court against Priya Ramani. The court has
fixed October 31 for the next hearing. Meanwhile, 20 women journalists have come out in support
of their colleagues and urged the court to hear their testimonies against Akbar. On Wednesday,
Akbar resigned as minister of state for external affairs following the spate of sexual misconduct
accusations levelled by several women against him.

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• Rahul Johri

BCCI CEO

ACCUSED OF: Johri has been accused of misbehaviour by an unnamed person, who claimed to
be an ex-colleague of Johri at the Discovery Channel. The messages were posted on Twitter by an
author, Harnidh Kaur, who later stated that she did not want the charges published nor her name
used in the context. Johri was the executive VP and GM (South Asia), for Discovery Networks
(Asia Pacific) before he joined the BCCI in June 2016.

DEFENCE: Discovery India, the previous employer of Rahul Johri, said through an official
statement, "During his (Rahul Johri's) tenure at Discovery, there were no reports of any misconduct
against him."

CURRENT STATUS: A three-member panel set up by CoA to probe the charges has given clean
chit to Johri.

• Ashish Patil

VP - Brand Partnerships and Talent Management & Business and Creative Head - Y-Films

ACCUSED OF: Activist Japleen Parischa shared an anonymous actress's post in which she
claimed that Ashish allegedly took her on a drive and tried to kiss her.

HIS DEFENCE: Patil has denied the allegations.

CURRENT STATUS: YRF has fired Patil in the wake of the allegations.

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• ANIRBAN BLAH

TALENT MANAGER

ACCUSED OF: Several women including aspiring actress Meira Omar have accused Anirban
Blah of sexually harassing them. Blah is the co-founder of talent management agency Kwan.

HIS DEFENCE: Blah apologised unconditionally saying, "To anyone I may have hurt, I am sorry.
This isn’t revenge for you. This is justice. You should just know that the stories you hear are worse
than the truth but whatever the truth, it still makes me a monster in my own eyes ..."

CURRENT STATUS: The celebrity manager has been asked to step aside from his duties,
activities and responsibilities at KWAN (according to the company’s statement dated October 16)
after several allegations of sexual misconduct surfaced against him in the last few days.

• AJIT THAKUR
Content head

ACCUSED OF: A young writer from the Film and Television Institute of India (FTII) has accused
Thakur, the Content Studio Head at Reliance, of forcing her to have alcohol and asking
inappropriate questions about her sex life.

DEFENCE: He has not yet responded to the allegations against him.

CURRENT STATUS: Ajit Thakur has resigned as Content Studio Head.

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• SURESH RANGARAJAN

Executive

ACCUSED OF: A journalist recently posted screenshots on her Twitter account accusing
Rangarajan, chief of corporate communications at Tata Motors, of misbehaving with women
employees.

HIS DEFENCE: Rangarajan has not responded to the allegations.

CURRENT STATUS: Tata Motors has sent him on leave and said that an objective enquiry will
be conducted.

• MUKESH CHHABRA

CASTING DIRECTOR

ACCUSED OF: Two aspiring actresses have accused casting agent Mukesh Chhabra of sexual
harassment.

HIS DEFENCE: Mukesh Chhabra has responded to the allegations by issuing a notice to the Mid-
Day, which published the allegations. The notice issued by Punam Sawhney, CEO of Mukesh
Chhabra Casting Company, requests the details of the complainants and the recorded conversation
so that they can place it before ICC. "It is very unfortunate that years of hard work and building is
been muzzled with a series of unsubstantiated anonymous allegations," Chhabra told TOI.

CURRENT STATUS: Fox Star Studios, the production house backing Mukesh Chhabra’s
directorial venture ‘Kizzie Aur Manny’, has announced its decision to “suspend the services” of
the casting director-turned-filmmaker until the Internal Complaints Committee (ICC) concludes
its inquiry into the allegations against him.

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• VICKY SIDANA

CASTING DIRECTOR

ACCUSED OF: Two aspiring actresses have accused Vicky Sidana of sexually harassing them in
an interview to Mid-Day. Post the allegations, actress Kritika Sharma also spoke out against
Sidana, accusing him of attemped rape.

HIS DEFENCE: Sidana has not yet responded to the allegations against him.

CURRENT STATUS: Kritika tried to register an FIR against Sidana at Versova police station,
but the cops said they wanted to investigate the matter first since the incident took place 5 years
ago.

• BHUSHAN KUMAR

T-SERIES CHAIRMAN

ACCUSED OF: An anonymous Twitter user, claiming to be an actress, has accused Kumar of
propositioning her on the pretext of signing a three-movie contract with his production house.

HIS DEFENCE: Producer Bhushan Kumar has denied the sexual harassment allegations against
him, saying the claims are being used as a “tool to malign his reputation.”

CURRENT STATUS: Kumar has lodged a police complaint against the anonymous person.

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➢ JATIN DAS

PAINTER

ACCUSED OF: Entrepreneur Nisha Bora and writer Garusha Katoch have accused the artist of
sexually harassing them.

HIS DEFENCE: Padma Bhushan recipient Das has denied the charges levelled against him by
Bora, saying he has never met her. He said the allegations are levelled against people “for the fun
of it”.

CURRENT STATUS: No action as of yet.

➢ ALOK NATH

ACTOR

ACCUSED OF: Several Bollywood actresses have levelled allegations of harassment against
Alok Nath after writer-producer Vinta Nanda claimed that she was sexually violated by the actor
around 19 years ago. Well-known actors such as Sandhya Mridul and Amyra Dastur, singer Sona
Mohapatra and Nath's co-star Navneet Nishan came out about their unsavoury harassment
experiences.

HIS DEFENCE: Alok Nath has dismissed all the allegations levelled against him. He says it is
useless to react to these allegations since "in today’s world, whatever a woman says, only that will
be considered.”

CURRENT STATUS: Alok Nath has moved a civil suit against writer-director Vinta Nanda,
seeking a public apology and Re 1 as damages. Nanda has lodged an official complaint against
Nath at Oshiwara Police Station in Mumbai. Actor Alok Nath has refused to respond to a notice
issued to him by the Indian Film and Television Directors Association (IFTDA) over the
harassment allegations. IFTDA has now decided to take strong action against the actor. The Cine

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 and TV Artists Association (CINTAA) expelled Alok Nath following various allegations of sexual
harassment and misconduct

➢ ARJAN SARJA

ACTOR

ACCUSED OF: Kannada actress Sruthi Hariharan, through a Facebook post, has accused co-star
Arjun Sarja of inappropriately touching her during the shoot of ‘Vismaya’. Later at a press
conference, Sruthi said four other actresses had also narrated similar experiences, but they
remained anonymous.

HIS DEFENCE: Arjun has denied the allegations levelled against him by Sruthi. He said, “I never
expected this. I have acted with 60-70 heroines in 150 movies, but no one has pointed fingers at
me. I plan to sue Sruthi Hariharan for these allegations.”

CURRENT STATUS: Sruthi’s accusations have left the Kannada film industry divided. While
former Karnataka Film Chamber of Commerce president Sa Ra Govindu accused Sruthi of making
false allegation and director Arun Vaidyanathan defended Arjan, Sruthi received support from
various quarters. Actor Prakash Rai wrote on his facebook page, “Sruthi Hariharan is indeed a
talented actress in Sandalwood. Similarly, we shall not forget that senior actor Arjun Sarja is also
our pride. But, even though Arjun has denied the charges, he must apologize to her for hurting her
on that day." Shraddha Srinath also tweeted in Sruthi's support. ruthi also got support from
actresses Neethu Shetty and Ragini Dwivedi.

➢ NANA PATEKAR

ACTOR

ACCUSED OF: Bollywood actor Tanushree Dutta has accused Nana Patekar of sexual
misconduct during the shooting of ‘Horn ‘OK’ Pleassss’ in 2008.

HIS DEFENCE: Nana Patekar denied the allegations citing them as false accusations by the
actress. He described Tanushree’s claims of sexual harassment a ‘lie’.

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 CURRENT STATUS: Tanushree Dutta has filed an FIR with the police against Nana Patekar,
choreographer Ganesh Acharya, director Rakesh Sarang and producer Samee Siddiqui. In
response, Patekar has slapped Dutta with a legal notice and demanded a written apology from her.
Meanwhile, he has pulled himself out of the movie “Houseful 4”, saying he does not want to cause
inconvenience to the people involved with the project.

➢ KANGANA RANAUT

ACTOR

ACCUSED OF: Actor Adhyayan Suman has alleged that Kangana abused him physically and
emotionally during their relationship.

DEFENCE: No response yet

CURRENT STATUS: No action as of yet

➢ PIYUSH MISHRA

ACTOR

ACCUSED OF: An anonymous woman accused Piyush Mishra of inappropriate behaviour at a

party.

HIS DEFENCE: Mishra, who is also a writer-director, said he was probably a few drinks down
when the incident took place and apologised if he made the lady feel uncomfortable.

CURRENT STATUS: No action as of yet

➢ GAURANG DOSHI

FILM PRODUCER

ACCUSED OF: Gaurang Doshi is accused of sexually assaulting actress Flora Saini

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 HIS DEFENCE: Gaurang Doshi denies all the allegations and says he is being victimised.

CURRENT STATUS: Flora Saini has sent a legal notice to Gaurang Doshi

➢ RAJAT KAPOOR

ACTOR/DIRECTOR

ACCUSED OF: The actor has been accused of sexual harassment and inappropriate behaviour by
two anonymous women and a journalist.

HIS DEFENCE: Rajat Kapoor apologised on Twitter stating that he has tried to be a decent man all
his life.

CURRENT STATUS: The Mumbai Academy of Moving Image (MAMI) has dropped Rajat
Kapoor’s ‘Kadakh’ from the lineup of the upcoming 20th edition of the Jio MAMI Mumbai Film
Festival in the wake of the accusations against him.

➢ SAJID KHAN

DIRECTOR/ACTOR

ACCUSED OF: Sajid Khan has been accused of sexual harassment by multiple women, including
actors Saloni Chopra and Simran Suri as well as journalist Karishma Upadhyay.

HIS DEFENCE: Sajid Khan has not accepted any of the accusations levelled against him. The
filmmaker has asked the media and the people to wait for the truth to come out and not pass any
judgement. Farah Khan has said the sexual harassment allegations against her filmmaker brother are
"heartbreaking" and he will have to atone for them if they turn out to be true.

CURRENT STATUS: Sajid Khan said he is taking the "moral responsibility" to step down as
director of “Housefull 4” till he can allay the allegations.

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➢ DIBAKAR BANERJEE

DIRECTOR

ACCUSED OF: Actress Payal Rohatgi has accused Dibakar of sexual misconduct. Payal said
Dibakar tried to take advantage of her in lieu of offering her a role in one of his upcoming films in
2011. Payal claims Banerjee had asked her to “lift her shirt and show him her stomach.” She said
that she was punished by the industry for outing Banerjee and “no one called her for an audition
again.”

HIS DEFENCE: Dibakar Banerjee responded to Bombay Times saying, "I had categoricall cleared
my stand then. I have nothing to add." He also forwarded a copy of his earlier statement (made in
2011).

CURRENT STATUS: No action as of now.

➢ VIKAS BAHL

DIRECTOR

ACCUSED OF: Vikas Bahl was accused of sexual harassment last year by a former employee of
the film collective Phantom Films, for an incident that took place in 2015 in Goa. Bahl's partners
Anurag Kashyap and Vikramaditya Motwane came out in support of the allegations, with the former
dissolving their production house Phantom. Post this, actor Kangana Ranaut also alleged that Bahl
used to 'bury his face in her neck' and 'hold her really tight'.

HIS DEFENCE: The filmmaker has filed a defamatory suit against Anurag Kashyap and
Vikamaditya Motwane in the high court. Vikas reportedly stated that the entire case of sexual
harassment against him was orchestrated by Anurag and Vikramaditya “as a result of professional
jealousy and with the sole intent to defame him, malign his image and destroy his career.”

CURRENT STATUS: Following sexual harassment allegations, Indian Film & Television
Directors’ Association (IFTDA) had reportedly taken a stern stand against Vikas Bahl by issuing a

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 show-cause notice asking him to respond within one week’s time, failing to which, his membership
will be terminated. Vikas Bahl has now responded to the notice, denying all the allegations levelled
against him. He has also requested IFTDA not to terminate his membership without giving him a
personal hearing.

➢ VIVEK AGNIHOTRI

DIRECTOR

ACCUSED OF: Tanushree Dutta has claimed that Vivek Agnihotri asked her to take off her
bathrobe and dance in front of another actor despite her not being in the scene. The incident allegedly
took place during the shooting of the film ‘Chocolate’.

HIS DEFENCE: Vivek Agnihotri issued a statement through his lawyers stating that Tanushree
Dutta’s allegations are false, frivolous and vexatious.

CURRENT STATUS: Vivek Agnihotri has served a legal notice to initiate defamation action
against the actress.

➢ ANU MALIK

MUSIC DIRECTOR/ SINGER

ACCUSED OF: Singer Shweta Pandit has accused Anu Malik of sexually harassing her when she
was 15 years old.

DEFENCE: Anu Malik has not yet responded to the allegations

CURRENT STATUS: Anu Malik said on Sunday that he has decided to take a break from Indian
Idol as he is currently unable to focus on his work, his music and the show.

However, Sony Entertainment Television also released a statement which reads, "Anu Malik is no
longer a part of Indian Idol jury panel. The show will continue its planned schedule & we'll invite
some of the biggest names in Indian music as guests to join Vishal & Neha to judge extraordinary
talent of Indian Idol season 10."

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 Rubbishing all allegations, Anu Malik's lawyer had earlier said in a statement, "The allegations made
against my client are emphatically denied as completely false and baseless. My client respects the
#metoo movement but to use this movement to start a character assassination mission is obnoxious."

Meanwhile, singer Alisha Chinai has come forward to validate the allegations against Malik,
claiming that “every word said and written about Anu Malik is true.”

➢ KAILASH KHER

SINGER

ACCUSED OF: A female journalist recounted how Kher allegedly misbehaved with her during an
interview. Following this, singer Sona Mohapatra also spoke out against Kher, claiming he once
placed his hands on her thigh

DEFENCE: The singer has said that he does not remember the incident recalled by the female
journalist, but apologised in case anything has been misconstrued.

CURRENT STATUS: A user on Twitter has claimed that Kailash Kher has threatened legal action
against the complainants. However, the singer has not officially acted on the complaints.

➢ SUHEL SETH

AD-MAN/CONSULTANT

ACCUSED OF: Suhel Seth has been accused of sexual harassment by multiple women, including
filmmaker Natashja Rathore, ex-Big Boss contestant Diandra Soares, a journalist and two others who
remain anonymous.

HIS DEFENCE: When asked to comment on the allegations, Seth said he would issue a statement
on Twitter but is yet to address the issue.

CURRENT STATUS: Tata Sons has terminated contract with Suhel Seth's consultancy firm
Counselage India following the allegations.

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➢ C GOURIDASAN NAIR

JOURNALIST

ACCUSED OF: New Delhi-based journalist Yamini Nair has accused Nair of harassing her in 2005
while she was working in Chennai as a cub journalist.

HIS DEFENCE: Nair expressed his pain & dismay over the allegation and explained how he viewed
the matter. However, he decided not to complicate the matter and immediately offered to go on
extended leave.

CURRENT STATUS: Taking Yamini Nair's #MeToo post seriously, the Hindu Publishing Group
has sent Nair on leave till his superannuation on December 31, 2018.

➢ VINOD DUA

JOURNALIST

ACCUSED OF: Filmmaker Nishtha Jain in a social media post accused Vinod Dua of making lewd
jokes, demeaning her during a job interview and stalking and trying to grab her when she started
working at some other place.

HIS DEFENCE: He is yet to respond to the allegations. However, his daughter Mallika Dua has
said that she will stand by her father even though it is his battle to be fought. She added that if it all
her father is guilty, then it is “unacceptable”.

CURRENT STATUS: Vinod Dua has issued a statement on the accusation against him saying "30
years ago some woman felt that I did something that troubled her. These allegations can be levelled
against anyone ... The person who has been accused has no option but to deny these allegations."
Dua also said he was suspending his show 'Jan Gan Man Ki Baat' for a week' to give The Wire, where
Dua is a consulting editor, an opportunity to probe the sexual harassment allegation against him'.

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 Meanwhile, The Wire.in has got an external committee of four persons – a retired justice of the
Supreme Court, a retired justice of a high court, a retired IFS officer and a retired professor – to
probe Nishtha Jain’s complaint against Dua. Earlier, The Wire.in had issued a statement saying the
journalist has denied the allegations. "Our Internal Complaints Committee (ICC) has taken
cognisance of the allegations levelled against Dua. We await the outcome of their deliberations in
the matter," the Wire had said in its statement.

➢ CHETAN BHAGAT

WRITER

ACCUSED OF: Author Chetan Bhagat has been accused of sending inappropriate messages to a
woman. He has also been accused of sexual harassment by author Ira Trivedi.

HIS DEFENCE: Chetan Bhagat has apologised to the girl in case she felt offended when he was
trying to flirt with her. He has said that he is not a harasser and the allegations have affected him and
his family. Bhagat has denied Trivedi's allegations and shared a screenshot of a 'self-explanatory'
mail which the author apparently sent to him in 2013.

CURRENT STATUS: The author has decided that he will not participate in the Bangalore Literature
Festival citing other commitments, according to the organisers of the event.

➢ GURSIMRAN KHAMBA

COMEDIAN

ACCUSED OF: The comedian has been accused of forcefully kissing, harassing and emotionally
abusing a woman.

HIS DEFENCE: Gursimran Khamba reportedly admitted that he behaved inappropriately.

However, he has denied harassing the woman.

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 CURRENT STATUS: Khamba has been temporarily removed from the comedy collective AIB. A
channel has cancelled the upcoming season of a show that features him.

➢ AKHIL KUMAR,

JOURNALIST

Another reporter from The Wire was explicitly named and accused of physical assault by two
independent anonymous sources, who noticed his predatory pattern of aggressively touching and
emotionally degrading women besides coercing them to have sex with him. One of the survivors
alleged that the more she resisted, the more aggressive he became until she was covered with bruises.
But she chose to stay silent out of fear of being victim-shamed.

➢ SRIJIT MUKHERJI,

DIRECTOR

An unnamed woman accused the Tollywood director of refusing to work with her after learning she
isn’t single. Her anonymous account also included a recapitulation of events which described
predatory and non-consensual behaviour over telephonic and Skype conversations. Later, Mukherji
brushed these allegations off over a Facebook post, which received a comment from model-actor
Rachel White. She too pointed out that he had asked her about her relationship status multiple times,
and made her feel uncomfortable when she was still a rising actor in the Bengali film industry.

Singer Sahana Bajpaie commented, “The fact that debates are taking place, questions are being
asked, explanations being rendered – is itself a brimful of hope. Just really don’t want “trial by
media” to trivialise a movement as important as #METOO. That would be a shame.”

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➢ ADITI MITTAL,

COMEDIAN

In a first, comedienne Aditi Mittal was named and accused of kissing fellow stand-up performer
Kaneez Surkha on the mouth at a public event two years ago. She recounted how it left her without
any agency or choice, and made her feel deeply humiliated, confused and hurt. When she brought up
the incident later, Mittal soon became hostile towards her, and finally gas lighted her, denying even
kissing her.

After Kaneez posted about it on Twitter, however, Mittal issued an apology on Wednesday evening
saying that IT WASN’T A FORCEFUL KISS, BUT A PECK ON KANEEZ’S LIPS AND
“PART OF THE ACT.” SHE ALSO added that her intentions were not sexual in nature.

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 Chapter – 9

WHAT TO DO IN CASE YOU ARE BEING SEXUALLY

HARASSED

The recent ongoing controversy of an anonymous post by a former employee of The Viral Fever
(TVF), accusing its CEO and founder Arunabh Kumar of allegedly molesting her, has made people
sit up and take notice that all is, in fact, not well for many working women in India.

It may be a boss, or a colleague giving that supposedly harmless tap on the shoulder, or calling a
fellow woman colleague on the false pretexts to simply stare at her chest, but many women do dread
heading for the office every morning.

It is indeed obnoxious to be treated/ seen like a commodity. But the working women need to take a
stand now, without the fear of losing their jobs. The laws are in place to protect the women. It is time
to say ‘No’ to the furtive glances and inappropriate touching and sometimes even outright sexual
favours demanded in lieu of work.

1. Speak up. Say ‘No’. Walk away from any man who makes you feel uncomfortable.
2. Convey that you are uncomfortable with any such advances by a colleague, which
establishes a line of misconduct.
3. Keep your friends informed.
4. Collect evidence.
5. Avoid being alone with the harasser.
6. Do not accept explanations from the HR saying that this was the first offence. Remember,
an offence is an offence.
7. Approach the Sexual Harassment Committee at the earliest.
8. Give a written complaint asking for a confirmation, which cannot be ignored.
9. Do not worry about colleagues accusing you of slander and shaming you. Remember, you
are fighting for your self-esteem.
10. Never think that what has happened was because of some fault of yours. It is the fault of
the man who is sexually harassing you, and NEVER yours.

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 11. In extreme cases, counselling and therapy is advised.
12. In case this is happening with someone you know, take a stand along with them and help
them.
13. Sharing the experience on social media is not enough. A proper official complaint has to
be made.

SEXUAL HARASSMENT CASES IN INDIA

While there are innumerable sexual harassment cases registered in India, a survey conducted by the
Indian National Bar Association (INBA) found that of the 6,047 participants (both male and female),
38% said they’d faced harassment at the workplace. Of these, 69% did not complain about it. Here
are a few of the famous sexual harassment cases: In 2002, Phaneesh Murthy, a director with Infosys
was accused of sexual harassment by his secretary Reka Maximovitch. They reached an out-of-court
settlement at US$3 million. Murthy was again accused of the same crime in his next stint as CEO
and president of iGATE. He was removed by the company from his position.

In 2012, an employee working at a restaurant at the Indira Gandhi International Airport, New Delhi,
filed a case against a senior Air India official, accusing him of sexually harassing her by showing her
porn clips and making physical advances. The woman alleged that the Assistant General Manager at
Air India ignored her complaint.

Wipro was dragged to court by Shreya Ukil in 2015, when she alleged that she was being
discriminated against when it came to increment of salary and that her manager forced her to have
an affair with him. In the GBP1.2-million lawsuit filed in London, Wipro won the case when UK
Employment Tribunal upheld the dismissal of the complainant from the services of the organisation
as appropriate and rejected claims of adverse cultural attitude towards women in the organisation.

In the most recent case of sexual harassment, a former employee alleged rampant sexual harassment
by the CEO Arunabh Kumar of the Viral Fever (TVF). The complaint was made anonymously on
social media and several other TVF employees came out in support, recounting their own incidents
of molestation. The CEO, blatantly wielding his position of power in his unapologetic comment to
the Mumbai Mirror, said, “The kind of insinuations the FB post makes are untrue. I am a
heterosexual, single man and when I find a woman sexy, I tell her she’s sexy. I compliment women.

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Is that wrong? Having said that, I am very particular about my behaviour – I will approach a woman,
but never force myself.”

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 Chapter 10

CONCLUSION

Figure 7: source Google

The “MeToo” movement has been powerful and effective in the sense that; it has brought to light the
true faces of many powerful men in the country. Many of them are idealised, looked up to by several
people. In the case of MJ Akbar, for example, most of the women who have shared their experiences
regarding him have mentioned how they used to be among his faithful fans.

The movement has given many the courage to come forward, some after years of silence. In Dutta’s
case, she had accused Patekar 10 years ago as well, but it had gone unheard. This time too, she was
met with more criticism than empathy. And perhaps, that is something we need to seriously ponder
over. If the accused are given the benefit of doubt, why not the victims? Believing the women who
come up, does not mean we are moving towards a “man-hating” world, like many would like you to
think. We are only moving towards a more empathetic one.

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Those who say “Why now? Why didn’t she come forward years ago, when it happened?”,
here’s your answer:

Only the survivors have the right to decide when they feel safe enough to share their story, if
they do so at all. It doesn’t matter how many years have passed, if her rights had been violated
then, her account remains just as valid now.

The next time you or anybody else says #NotAllMen- true. Not all men, but #EnoughMen

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 BIBLIOGRAPHY
PRIMARY SOURCES:

BOOKS REFERED:

1. Jain, M.P: Indian Constitutional Law, Wadhwa & Co, Nagpur, 2005.
2. Pandey, J.N: Constitutional Law of India, Central Law Agency,
Allahabad, 2007.
3. D.D. Basu, Criminal Procedure Code 1973 (Central Law Publications, New Delhi,
12th Edition, 2010).
4. Dr. Avtar Singh, The Law of Evidence (Central Law Publications, New Delhi, 19th
Edition, 2003).
5. K.D. Gaur, Criminal Law and Criminology (New Delhi, 2003)
6. Prof. S.N. Mishra, Indian Penal Code (Central Law Publications, Allahabad, 18th
Edition, 2012).
7. Prof. N.V. Pranjape, Criminology and Penology (Allahabad 2006).
8. PSA Pilla’s, Criminal Law (India, 2012).
9. R.V. Kelkar, Lectures on Criminal Procedure (New Delhi, 2005).

BARE ACTS REFERRED:

➢ Commission of Sati (Prevention) Act, 1987

➢ Criminal Law (Amendment) Act, 1983
➢ Dowry Prohibition Act, 1961
➢ Immoral Traffic (Prevention) Act, 1956
➢ Indecent Representation of Women (Prohibition) Act, 1986
➢ National Commission for Women Act, 1990
➢ Prohibition of Sexual Harassment of Women at the Workplace Bill, 2010
➢ Protection of Women from Domestic Violence Act, 2005
➢ Employees State Insurance Act, 1948
➢ Equal Remuneration Act, 1976
➢ Factories (Amendment) Act, 1948
➢ Maternity Benefit Act, 1961 (Amended in 1995)
➢ Family Courts Act, 1984
➢ Foreign Marriage Act, 1969
➢ Hindu Marriage Act, 1955

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 ➢ Hindu Marriages (Validation of Proceedings) Act, 1960
➢ Indian Christian Marriage Act, 1872
➢ Indian Divorce Act, 1869
➢ Indian Divorce Amendment Bill, 2001
➢ Indian Matrimonial Causes (War Marriages) Act, 1948
➢ Marriage Laws (Amendment) Act, 2001
➢ Special Marriages Act, 1954
➢ Medical Termination of Pregnancy Act, 1971
➢ Guardians & Wards Act, 1890
➢ Hindu Adoptions & Maintenance Act, 1956
➢ Hindu Inheritance (Removal of Disabilities) Act, 1928
➢ Hindu Minority & Guardianship Act, 1956
➢ Hindu Succession Act, 1956
➢ Hindu Succession (Amendment) Act, 2005

NEWS PAPERS

➢ The Hindustan Times

➢ The Hindu
➢ The Indian Express
➢ The Times of India

ARTICLES REFFERED

1. Bhattacharyya, R. (2015). Understanding the specialities of sexual assault against Indian

women in India, Gender, Place and Culture, 22 (9), 1340–1356,
http://dx.doi.org/10.1080/0966369X.2014.969684.
2. Fostering safe workplaces: Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, Federation of Indian Chamber of Commerce and
Industry (FICCI), retrieved 12 December from,
http://ficci.in/spdocument/20672/Fostering-safe.pdf
3. "Women in Cinema Collective accuses AMMA of shielding accused in sexual assault
case". Hindustantimes.com. 14 October 2018. Retrieved 14 October 2018.

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