Expand People hold a candlelight vigil in Bengaluru, India, to protest the rape of an 8-year-old girl in Kathua and a teenager in Unnao, April 13, These brave women are breaching a huge wall of silence and stigma. Most of "India sexual harassment" grievances shared publicly provide excruciatingly painful detail about what women endured. Yet, as we have already seen in the U. The laws, and how the
India sexual harassment enforce them, can make a big difference in whether powerful men who use their power to harass women can also use legal intimidation tactics to fend off their accusers.
These issues have been central in the case of M. Akbar, the minister of state for external affairs in the Narendra Modi government. Akbar was long revered for his astute journalism. But in early October, he was publicly pilloried with complaints about workplace sexual misconduct from his journalism years.
Within days, 14 women wrote about their experiences involving Akbar. He made no offer to cooperate with any investigations or inquiries.
In India, cases of criminal defamation can be arduous, long, and expensive. The court hearings can drag on. The process itself is the punishment. But despite its public pledges to protect the rights of women and girls, when faced with allegations against one of its ministers, the government has not spoken publicly on the case. Breaking down India sexual harassment architecture of legal intimidation is central to the success of laws governing sexual harassment.
But the law has been enforced in a woefully inadequate way. The reasons are many, including the lack of a monitoring system.
But dismantling the ability of the accused to retaliate against complainants is to the enforcement of any credible regime. India is not alone in the world in allowing people to bring criminal defamation cases to harass and intimidate victims who write about them.
And until criminal defamation laws are repealed, courts should not allow them to be used as a legal response to complaints of sexual harassment. But civil defamation cases can also be used for intimidation. Ramani is not the only woman facing a defamation case.
Other men accused of workplace sexual harassment in India have slapped women complainants with civil defamation cases. Civil lawsuits may not carry the threat of criminal sanctions, but they still retain their power to intimidate. Legal systems should ensure that civil defamation actions cannot be misused as tools to intimidate critics of powerful people into silence. These should be appropriately tailored to weigh the public interest in seeing important allegations brought to light.
The UN expert on freedom of expression has stated that defamation suits should be limited to the reputational harm wrongly suffered — and that given the high bar for restricting criticism of government officials, they should not be India sexual harassment to bring defamation suits at all.
Financial sanctions should not be so large as to have a chilling India sexual harassment on speech. These are legal measures that guard against Strategic Litigation Against Public Participation SLAPP — civil lawsuits brought largely for the purpose of burying activists and others in costly litigation. They help the targets of these suits to have the cases easily thrown out of court without being dragged into a lengthy litigation.
Ramani and the other women refused to back down and have, for now, prevailed. You know who we are. Akbar resigned from his position on October Even though the government has taken no public action in the case, it is hard to know to what extent politics played a role behind the scenes in his departure. But he is not dropping his criminal defamation case.
Governments around the world should throw their weight behind the women saying MeToo and painfully recounting workplace sexual harassment. They should strike down criminal defamation laws and press ahead with protections that make it easier to hold powerful men accountable and harder to retaliate against courageous women who come forward to confront them. India can, "India sexual harassment" should, lead the way. Skip to main content. Help us continue to fight human rights abuses.
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Sexual harassment at workplace was not originally conceived as a separate offence in the Indian Penal Code (IPC). The question drew first. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, is a legislative act in India that seeks to protect women from.
What is the law on sexual harassment in India? Offences under the Indian Penal Code and relevant punishments. Section A. Sexual harassment is.
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