Frequently Asked Questions
The term ‘eve teasing’ is frivolous in describing an offence and has been changed to sexual harassment. Quite briefly, sexual harassment or eve teasing is unwelcome attention or any form of action given by one person to another who does not like it.
What is Sexual Harassment?
“Sexual harassment is being forced to have sexual interaction that you don’t want to have. It’s in an environment where a woman is always being sexually aggressed against and has to tolerate that, or she has no job….” [Catharine A. MacKinnon, Professor of Law, Times of India, 30-1-2009]
According to a judgment passed by the Supreme Court of India in 1997, sexual harassment is any form of sexual behaviour which is unwelcome and unwanted such as physical contact, a demand for sexual favours, sexually coloured remarks, showing obscene pictures and pornography and any other verbal or physical conduct. It could be subtle, covert, explicit, repeated and prolonged or a one time event.
Later, in the SC judgment on the Apparel Export Promotion Council v Chopra case, it was reiterated that ‘any action or gesture which, whether directly or by implication, aims or has the tendency to outrage the modesty of a female employee, must fall under the general concept of the definition of sexual harassment’. This basically implies that it is not just physical contact which constitutes sexual harassment. Moreover, sexual harassment is defined not by the intention of the harasser. YOU decide if it is sexual harassment. And it is so, if you find it offensive or become uncomfortable!
Who can be the victim?
Studies show that sexual harassment can happen to anybody, anywhere, of any age and at any time. While it happens mostly to women, even a man can become a victim. In a same-sex relationship, the perpetrator is a man against a man or a woman against a woman.
Who is the perpetrator?
Again, it could be anybody. The perpetrator could be known to you or could be a stranger. Sexual harassment is not about sex, it is about power play. A man harasses because he thinks he can.
Where can it happen?
It could happen in a public place, in the privacy of the home, at the workplace and in college/campus. We will be dealing with each one separately.
Who is to blame for the act of sexual harassment?
People might imply that you i.e. your clothes, time, or attitude had something to do with it. It’s not you but the perpetrator who should be accused!
Is it serious enough to call it sexual harassment?
Each of us has comfort zones that we create for ourselves. Comfort zones are a circle we put around ourselves, the boundary of which determines and categorises behaviours as acceptable and non-acceptable.
This might be different for different people at different times. Thus, a woman might be OK when a friend from the opposite sex hugs her, but may not be OK when a male colleague does the same. Comfort zones are not just violated by a touch. They may be violated by non-physical gestures as well, such as staring, rude comments, asking personal questions and so on. Sexual harassment is a gross violation of this personal boundary or comfort zone.
How is sexual harassment different from flirting?
One cannot get away with calling sexual harassment harmless fun or flirting. Sexual harassment is NOT equal to flirting.
Flirting is a two way interaction between people, where both the parties feel positively about each other. It is completely wanted and welcomed. You feel empowered when you flirt. It makes you feel good.
Sexual harassment is a completely one-sided interaction of a sexual nature, where one feels threatened by the other. It is behaviour which is neither wanted nor welcomed. It makes you feel uncomfortable and induces feelings of embarrassment and shame.
Can an office affair be called a sexual harassment case?
An office relationship is not a sexual harassment case, as long as it follows the prescribed code of conduct and where the relationship is mutual. BUT, it becomes a case of sexual harassment if the woman consents to the relationship in return for a promotion/ better prospects/transfer and so on. It is a sexual harassment case because of the threat of adverse effects on her career.
Do my clothes have anything to do with it?
No. Sexual harassment has nothing to do with your clothes. Wearing Western/ tight/ short clothes is not the reason for harassment. Those are merely the excuses men (and women) give to shift the blame onto the victim. Men also harass women who are ‘decently’ dressed. They harass ALL women, irrespective of their clothing or age.
What is sexualised environment? Does it amount to sexual harassment?
A sexualised environment is usually a workplace where jokes of sexual content, download of porn, exchanging sexually explicit writings and visuals is quite common. It is not particularly directed towards anybody. Such an environment is not sexual harassment per se. But there is a thin line and it becomes sexual harassment as soon as even one colleague finds it offensive.
Is sexual assault different from sexual harassment?
Sexual assault and sexual harassment are related to each other, but they are also different.
Sexual assault means using physical force on a male or female for sexual contact and activity, either with use of weapon or otherwise. Rape is the most extreme form of sexual assault, while touching private parts are sexual assault of a ‘lesser’ degree.
Sexual harassment is a broader form of gender based violence, which maybe verbal and non-verbal in nature, such as passing sexual comments, leering at women’s bodies to making prolonged advances for sexual favours, among others.
Both sexual harassment and sexual assault are unwanted and forced. Both are a criminal offence.