Sexual harrasment during eve teasing

Can The Term Sexual Harassment During Eve Teasing Amount To Defamation, Assault And Intensional Infliction Of Emotional Distress.

Sexual Harassment

Before embarking upon the examination of the law related to sexual harassment, it is important to understand what sexual harassment is. Sexual harassment refers to a conduct of sexual nature, which has neither been solicited nor invited by the complainant. The supreme court of India defined sexual harassment to include ‘such unwelcome sexually determined behavior as physical contacts and advance, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the women has reasonable grounds to believe that her objection would disadvantages her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment. This definition of sexual harassment is similar to that given in other jurisdictions. Sexual harassment also includes what is called the quid pro quo sexual harassment. It occurs in employment establishments, where as a pre-condition to receiving employment or employment benefits, an employee agrees to confer sexual favors to meet the employers demand. However, these related laws are framed as offences that either amount to obscenity in public or act that are seen to violate the modesty of women under sections 294, 354 and 509 of the IPC. While section 294 IPC is a law applicable to both men and women, the latter two are specifically oriented towards women.

Comprehensive illustrations of Sexual Harassment are also given by the National Commission of Women in India. It states that unwelcome sexual conduct includes eve teasing, unsavory remarks, jokes that cause or are likely to cause awkwardness or embarrassment, innuendos and taunts, gender-based insults or sexiest remarks, unwelcome tone in any matter such as over telephone (unpleasant telephone call) and the like, touching or brushing against any part of another’s body and the like, displaying pornographic or other offensive or derogatory pictures, physical confinement against one’s will and any other act likely to affect one’s privacy.

Eve Teasing

The term Eve teasing is used to refer to sexual harassment of women in public places such as the streets, public transportation, parks, beaches, and cinema halls. This type of a public harassment by a lone man or gangs of women includes such as verbal assaults such as making passes or unwelcome sexual jokes: nonverbal assaults such as showing obscene gestures, winking, whistling, and staring; and physical assaults such as pinching, fondling and rubbing against women in public places. In addition, several instances of eve teasing have been followed by more violent assaults such as rape and murder.

Eve teasing is a euphemistic expression that lives in post – colonial India and refers largely to sexual harassment of women in public places, thereby constituting women as eves, temptresses who provoke men into sexual titillation. This popular perception of sexual harassment posits the phenomena as a joke where women are both a tease and deserve to be teased. Considered a growing problem throughout the sub – continent, eve teasing ranges in severity from sexually coloured remarks to outright groping. It is the same story every day.