Landmark verdict on Sexual harassment and its value for Women

Landmark verdict on Sexual harassment and its value for Women

The acquittal of journalist Priya Ramani in the criminal defamation case against her by former Union Minister MJ Akbar has been widely hailed as an extremely important moment in the fight against sexual harassment at the workplace.

Background of the Case

Former Union minister MJ Akbar has moved the Delhi High Court challenging a trial court order acquitting journalist Priya Ramani in the criminal defamation case filed against her over the allegations of sexual harassment. In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister. However, Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.

What is the law for Defamation?

Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation.

 The act of communicating false statements, spoken or published intentionally with the aim of damage someone’s reputation.

Punishment Under section 500 of the IPC – Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with a fine, or with both.

What is Sexual Harassment at Workplace?

Sexual harassment is a common problem affecting all women in this world irrespective of the profession that they are in, but legal system is sleeping and so they fail in providing them security.

It’s not all, women living in those countries having developed legal system faces other problems like being fired out of work, ridiculed, societal pressure or promises of desired promotion, etc. that makes them left with no words.

Sexual harassment is about male dominance over women and it is used to remind women that they are weaker than man.

In a society where violence against women is posed just to show the patriarchal value operating in society, these values of men pose the greatest challenge in curbing sexual harassment.

Studies have shown that 1 out of every 3 working women are touched by sexual harassment.

Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:

1. Physical contact and advances;
2. A demand or request for sexual favors;
3. Sexually colored remarks;
4. Showing pornography;
5. Any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Law against Sexual harassment

According to the law in India, sexual harassment violates the women’s fundamental right of gender equality and life with dignity under article 14 and article 21 respectively.

Although there are no specific laws for curbing sexual harassment at the workplace in India but certain provisions are there in other legislation like Indian Penal Code, which provides protection against women’s sexual harassments such as in IPC:

1. Section 294 deals with obscene acts and songs at public place.
2. Section 354 deals with assault or criminal force against women.
3. Section 376 deals with rape.
4. Section 510 deals with uttering words or making gestures which outrages a women’s modesty.