This article has been written by Mr. Mustafa Khan, a 1st year LLB student, at Integral University.
Introduction
The occurrence of sexual harassment in public places is known as “eve teasing.” It is a widespread issue that impacts women of all ages and socioeconomic backgrounds and can take a variety of forms, including catcalling, whistling, groping, and stalking. Women who experience this type of harassment may experience significant negative effects on their mental and physical health, including feelings of dread, worry, and helplessness. Additionally, it supports a sexist and misogynistic culture that restricts women’s access to education, employment, and social activities. Eve teasing is still brushed off as lighthearted flirtation or jokes despite the serious repercussions. The topic of eve teasing will be thoroughly examined in this article, along with its effects on society and various strategies that people and groups can use to fight this social problem.
Eve teasing, which is sexually explicit activity, is a form of intentional harassment committed by men towards women in public places including marketplaces, buses, and trains. Women and girls who are mistreated often experience emotional trauma as a result of being threatened with dire consequences if they report insulting words, unwanted groping, or manhandling to the authorities. This is in addition to the physical injury that results from the way that they are treated. Eve teasing has a negative impact on our entire society in addition to the target woman. Sadly, these acts of male humiliation don’t just happen in public areas; they also happen in private places, such workplaces and other places of employment. The worst atrocities are those committed against women who dared to protest such behaviours.
The Empact of Eve Teasing
Eve teasing can significantly affect the lives of the women who are subjected to it. It may result in emotions like fear, worry, and helplessness as well as feelings like guilt or shame. In addition to having low self-esteem, women who experience eve teasing may also struggle with depression or post-traumatic stress disorder (PTSD). Eve teasing can affect a woman’s physical and mental health in the long run, not just in the immediate aftermath of the incident. Eve-teasing victims frequently face feelings of insecurity and intimidation in public settings. Their mobility and prospects for employment, education, and social interaction may be restricted as a result. To lessen the possibility of running into harassers, women may avoid particular locations or times of day. This can result in social isolation and a lower quality of life. Additionally, the fear and anxiety brought on by eve teasing can be harmful to women’s health, causing issues like high blood pressure, heart disease, and obesity. Eve teasing also leads to a culture of sexism and misogyny by strengthening negative gender stereotypes. It conveys the idea that men are entitled to women’s attention and that they are objects of desire. Men may feel entitled to dominate public areas and restrict women’s access to them, while women may be less willing to pursue education or employment out of fear of harassment. This can have major repercussions for gender equality. Eve teasing can have a greater impact on society as a whole than just on certain women or even groups. It maintains an atmosphere of intimidation and dread, making it challenging for women to feel secure in public places. In consequence, this restricts their ability to participate in society and fosters a climate of silence over sexual harassment. Additionally, the acceptance of eve teasing can fuel an increase in more severe sexual assault and rape cases.
In conclusion, eve teasing has a significant and wide-ranging effect. It has an impact on women’s physical and mental health, reinforces negative gender stereotypes, and adds to a misogynistic and sexist culture. Promoting gender equality and fostering an atmosphere of safety and respect for women are crucial in the fight against this social ill. All facets of society must work together on this, including the government, civil society, and individuals. We can only hope to end eve teasing and build a more just and equal society if we all work together.
Legal Framework
Eve teasing is illegal in India and is included in the larger category of sexual harassment. The following are some of the legal measures India has in place to combat eve teasing:
Section 294, Indian Penal Code
The former legal remedy accessible to victims was set down in Section 294 of the Indian Penal Code of 1860, which states that a male will be considered guilty if he subjects a girl or a woman to offensive gestures, comments, etc. The legal definition of “eve-teasing” is lacking.
A man who shows any pornographic or obscene photos, books, or documents to a lady or a girl is subject to a fine of Rs. 2000 and a 2-year prison term, per Section 292 of the Indian Penal Code, 1860. The punishment for a second offence is a 5-year prison term and a fine of Rs. 5000. A person may receive up to a year in jail, a fine, or both for making disrespectful gestures or passing judgement on a girl or woman in a way that invades her private.
Section 354, Indian Penal Code
Section 354 states that if force is used to violate a woman’s modesty, the offender will be punished under this section as long as he made a deliberate effort to do so.
Section 506, Indian Penal Code
A person who purposefully injures a woman’s modesty through conversation, sound, gesture, or exhibition of an object with the goal that the lady hears it or feels violated might face up to a year in jail or a fine, according to Section 509 of the IPC. In accordance with the Criminal Law (Amendment) Act of 2013, sexual harassment is now an express offence punishable by up to three years in prison, a fine, or both under Section 354A of the Indian Penal Code. Even though there is a legal structure in place, many instances of eve teasing in India go unreported and unpunished. This demonstrates the need for increased knowledge of the problem, education, and enforcement of current regulations.
If a woman is being subjected to eve teasing, it is always advised that she call the police control room at number 100 or the women’s helpline at number 1091. If she does not, the victim or complainant must go directly to the nearest police station, women’s police station, or any public grievance cell, which is typically located at the Police Commissioner’s office, to file a FIR against the incident. The FIR will be properly filed, and a receipt or registration number will be provided. The victim can also ask the police to come to her home and conduct additional investigations into the incident if she is unable to go to the police station due to any unusual circumstances. It is generally recommended to speak with a lawyer before filing the FIR. The criminal law reform legislation of 2013 added the zero FIR clause, which stipulates that the FIR must be filed at any police station and may thereafter be transferred to the appropriate police station in the appropriate jurisdiction. Here is a list of all the government-provided women’s hotlines that are available.
Combatting Eve Teasing:
Education and awareness are essential tools in the fight against eve teasing. Gender sensitivity and sexual harassment avoidance should be taught in schools and institutions. Public awareness campaigns are a powerful tool for informing the public about the negative effects of eve teasing and motivating them to take action.
Legal Framework: To better protect women from sexual harassment, the government should toughen the laws. This entails the adoption of laws and regulations that make eve teasing illegal as well as the creation of specialised courts and tribunals to hear sexual harassment cases.
Safe Public Spaces: Women ought to have access to places in public that are free from harassment where they can go about their daily activities. This necessitates the installation of sufficient lighting, security, and monitoring systems in public areas including streets, parks, and transportation hubs.
Community Mobilization: A potent tool for battling eve teasing is community mobilisation. Local communities can band together to spread awareness of the problem, keep an eye out for harassment in public places, and provide assistance to those who have been harassed.
Individual Action: Eve teasing can be actively prevented by individuals. When people see harassment occurring, they can speak out against it, assist the harassed parties, and report the events to the appropriate authorities. By supporting female allies and confronting damaging gender stereotypes, men in particular may play a significant part in the fight against eve teasing.
In conclusion, all facets of society must work together to fight eve teasing. We can work together to build a society that is safe and respectful for everyone by advancing education and understanding, bolstering the legal system, establishing safe public spaces, mobilising communities, and taking individual action.
Cases relating to eve-teasing
Courts have analysed the problem of eve teasing in a number of cases and rendered judgement on the matter:
1) Even though eve-teasing is only observed in the state of Tamil Nadu and is permitted in other states as well, the supreme court declared in the case of Deputy Inspector General of Police and Anr. v. S. Samuthiram, Civil Appeal No. 8513 of 2012, that it is behaviour that is punishable.
2) In Vishakha v. State of Rajasthan, AIR 1997 SC 3011, the Supreme Court lists the conduct that constitute sexual harassment.
- Any instances of inappropriate sexual activity, whether direct or indirect.
- Anytime there is physical interaction or an approach
- Any time a demand or request for sexual favours is made.
- There are remarks having a sexual undertone in it.
Conclusion
Eve teasing is a terrible social ill that can have a serious effect on women’s life, to sum up. All facets of society must work together to combat eve teasing, including the government, civil society, and individuals. Different nations have different legal systems in place to combat eve teasing, but in the majority of them—including India—it is a crime that is sanctioned by the law. The fact that many instances of eve teasing go unreported and penalised, despite the legal structure in place, emphasises the need for increased awareness and education about the problem, as well as stricter enforcement of current laws and procedures. Although it has a serious negative impact, eve-teasing is essentially a mindset or attitude that is represented by a particular set of behaviours. The crime seems innocent at first, like a harmless attempt to get a girl’s attention, but it can lead to kidnapping, rape, murder, and abduction in the end. Evil must therefore be halted in its tracks. The horrible act of eve-teasing can leave the unfortunate women with psychological wounds that last a lifetime. Additionally, the entire community suffers as a result. The issue of eve-teasing is not specifically covered by any laws. In the absence of law, eve-teasing offences were normally dealt with under sections 294 and 509 of the IPC. The possibility of eve-teasing penalties has increased since the criminal law reform act of 2013 defined acts including stalking, voyeurism, disrobing, etc.
Education and awareness campaigns, a stronger legal foundation, and the development of secure public areas are all necessary to counteract eve teasing. The mobilisation of the community and individual action can both be extremely effective in the fight against eve teasing. We can build a society where everyone feels safe and respected by working together.
Reference
https://legal60.com/eve-teasing-the-social-evil/
https://fairgaze.com/interested-article/eve-teasing-the-social-evil.htm
https://kunal-sj01.medium.com/eve-teasing-a-social-menace-in-india-8118227a8e0c