Author: Lipi Saini, a Student of National Forensic Science University, Delhi 

Introduction 

Sexual harassment is a pervasive issue that has plagued societies across the world for a very long time. It encompasses a wide range of unwelcoming behaviours, including unwanted acts, inappropriate comments, and physical assault. The #MeToo movement, gained global attention in 2017, brought the issue of public harassment to the eyes of public consciousness, encouraging a number of individuals to share their experiences and demand change in the society. Sexual harassment is not only limited to the women but in some cases it often includes men as well. 

Understanding Sexual Harassment 

Sexual harassment is broadly defined as as unwelcoming behaviour of sexual nature that violates an individual’s self respect and creates an intimidating, hostile, degrading humiliating or offensive environment. It can occur in various social settings, such as workplace, educational institutions, public gathering, and online environments such as Instagram, Facebook, YouTube etc. Sexual harassment can take many forms, such as:

1. Verbal harassment: This includes objectionable comments, jokes, or remarks about a person’s appearance, body or sexual activities. It may also involve making sexually suggestive comments or sharing inappropriate content. 

2. Physical harassment: It includes any unwelcome physical contact, such as touching, groping, or assault. It also includes blocking someone’s path or invading their personal space in a way that is sexually intimidating.

3. Non-verbal harassment: This includes any unwanted gestures, displaying sexually explicit images or objects. It also covers cyber harassment, where individuals may be subjected to objectionable sexual messages, images or videos. 

4. Quid Pro Quo harassment: This occurs when someone in a position of power demands sexual favours in exchange for job benefits, such as for promotions, raises, or continued. 

5. Hostile Work Environment: A workplace can become hostile when there is a pattern of unwelcome sexual behaviour that interferes with an individual’s ability to perform their job.

Sexual Harassment Against Men

Sexual harassment against men is an important yet often overlooked issue. It involves unwanted sexual talks, requests for sexual favours, and other verbal or physical conduct of a sexual nature that targets men. While society typically focuses on women as victims, sometimes men can also experience sexual harassment in various settings, including workplaces, schools, and social environments.

Case: Harassment of a Male Air India Crew Member (2019)

Background: In 2019, a male flight attendant working in Air India filed a complaint of sexual harassment against a female pilot. The male crew member accused the female pilot of making inappropriate comments, trying to touch him inappropriately, and creating a hostile work environment.

Details:

• The male attendant reported that the harassment began with verbal comments that gradually escalated to physical advances.
• He stated that the female pilot made explicit comments about his appearance and touched him in ways that made him uncomfortable.
• Despite his attempts to avoid her, the harassment continued, leading him to file a formal complaint with Air India’s internal committee.

Outcome:

• Air India’s Internal Complaints Committee (ICC) investigated the matter. The investigation took several months, during which both parties were interviewed, and evidence was reviewed.
• The outcome of the investigation was not publicly disclosed, but the case brought significant attention to the issue of sexual harassment against men in India, especially in professional settings.
• This case also highlighted the need for gender-neutral laws and support systems to protect all individuals from sexual harassment, regardless of gender.

Legal Framework:

In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, primarily addresses harassment against women. However, men can seek protection under other provisions of the Indian Penal Code (IPC) such as Section 354A (sexual harassment) and can file a complaint under workplace policies that are inclusive and gender-neutral.

Legal Framework Addressing Sexual Harassment

The legal response to sexual harassment varies significantly from one country to another. International Labour Organization (ILO) convention no. 190, provide a framework for combating workplace violence & harassment. Many countries have enacted laws to protect individuals from sexual harassment, particularly focusing on the workplace. These laws generally require employers to take steps to prevent harassment. 

India: In India, the Sexual harassment of women at workplace (Prevention, Prohibition, & Redressal), Act, 2013, commonly known as the POSH Act, was enacted to provide protection to women against sexual harassment at work. The act mandates the formation of Internal Complaints Committees (ICC) in workplaces and requires employers to take preventive measures against harassment. The Vishaka guidelines, laid down by the Suprme Court of India in 1997, also played a pivotal role in shaping the legal framework against sexual harassment in the country.

United States: In the United States, sexual harassment is prohibited under Civil Rights Act of 1964, which prohibits employment discrimination based on race, colour, religion, sex, national origin etc. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing these laws. Victims of sexual harassment can file a complaint with the EEOC and may pursue taking legal action if the issue is not resolved.

Australia: Australia’s Sex Discrimination Act 1984 makes sexual harassment unlawful in many areas of social life such as public gatherings, workplace, educational institutions etc. The Australian Human Rights Commission handles complaints related to sexual harrasment, can investigate, and resolve issues through conciliation.

The #MeToo Movement

The #MeToo movement began in 2006 when activist Tarana Burke use the phrase to raise awareness about the prevalence of sexual harassment &  assault, particularly among inferior class of women. However, it gained international momentum in 2017 when some actresses encouraged women to share their experiences of sexual harassment using the hashtag #MeToo. This resulted in a wave of experiences of sexual harassment cases, with milions of people across the world sharing their stories on social media.

Impact of the #MeToo Movement

The #MeToo movement had a profound impact on the global conversation about the sexual harassment and assault. It helped to remove shame and discuss their own experiences, encouraged more people to come forward, and pressured institutions to take allegations of harassment more seriously. 

1. Cultural Shift: The movement sparked a cultural shift by challenging the normalization of sexual harassment in various industries. It called attention to the power dynamics that often silence victims and give more power to the abusers.
2. Policy Changes: In response to the #MeToo movement many organisations reviewed and strengthened their policies on sexual harassment. Some countries introduced mandatory training programs, while others implemented strict procedures for reporting & investigating complaints.
3. Empowerment of Survivors: The movement empowered survivors to speak out & seek justice. It encouraged the formation of support networks and advocacy groups that provide assistance to those affected by sexual harassment.
4. Legal Reforms: The #MeToo movement also led to significant legal reforms. For example after the #MeToo movement, India strengthened its focus on preventing sexual harassment, emphasizing stricter enforcement of the POSH Act, 2013. The movement sparked calls for gender-neutral laws, improved workplace policies, and greater accountability, leading to more awareness and efforts to ensure safer environments for all genders.

Conclusion 

The #MeToo movement in India marked a pivotal moment in the fight against sexual harassment, breaking the silence on an issue long shrouded in stigma. It empowered countless women to share their stories, challenged entrenched power structures, and sparked a nationwide conversation on consent, accountability, and gender equality. While the movement led to increased awareness and some legal and societal reforms, it also underscored the need for sustained efforts to ensure safe and respectful environments for all. The legacy of #MeToo continues to shape India’s journey toward a more just and equitable society.

Notable Cases under the #MeToo movement

The #MeToo movement in India brought to light numerous cases of sexual harassment, particularly involving powerful men in various industries. Here are some notable cases:

 Nana Patekar (2018)

• Background: Actor Tanushree Dutta accused veteran actor Nana Patekar of sexual harassment on a film set in 2008. She claimed that he made inappropriate advances during a dance rehearsal.
• Outcome: Dutta’s accusations reignited the #MeToo movement in India. While Patekar denied the allegations, the case was extensively covered in the media, leading to a wider discussion about harassment in Bollywood.

Chetan Bhagat (2018)

• Background: Author Chetan Bhagat was accused of inappropriate behavior by several women, including sharing unsolicited messages and making unwanted advances.
• Outcome: Bhagat apologized publicly and acknowledged the mistakes he had made. The incident highlighted the widespread nature of harassment and the need for accountability across all sectors.

Vikas Bahl (2018)

• Background: Film director Vikas Bahl was accused by a female employee of sexually harassing her during a promotional tour in 2015. The allegations resurfaced during the #MeToo movement.
• Outcome: Bahl faced temporary professional repercussions, with his production company, Phantom Films, dissolving as a result. However, he was later reinstated as the director of the film “Super 30” after an internal investigation cleared him of the charges, raising questions about the efficacy of such inquiries.

Alok Nath (2018)

• Background: Veteran actor Alok Nath was accused by writer-producer Vinta Nanda of raping her in the 1990s. Other women also came forward with allegations of sexual misconduct against him.
• Outcome: Nath denied the allegations and filed a defamation suit against Nanda. However, Nanda’s courage in coming forward led to increased awareness of the issue within the entertainment industry.

MJ Akbar (2018)

• Background: MJ Akbar, a prominent journalist and politician, was accused of sexual harassment by multiple women journalists. The accusations included unwanted advances and inappropriate behavior during his time as an editor.
• Outcome: Akbar filed a defamation case against journalist Priya Ramani, one of his accusers. In 2021, a Delhi court acquitted Ramani, recognizing her right to speak out against sexual harassment, marking a significant legal victory for the #MeToo movement in India.