Metoo

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CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA- 800001

SEXUAL HARASSMENT AGAINST WOMEN IN THE LIGHT OF THE


#METOO MOVEMENT

A final draft is submitted in partial fulfillment of the course in Criminal Law-I for the
requirement of degree B.A.L.L.B (Hons.) for the academic session 2021-22.

Submitted by:

Amisha Singh

Roll no.: 2310

Semester: 3rd

Session: 2020-2025

Submitted to:

Ms. Preety Anand

Assistant Professor of Law

3rd October 2021


INTRODUCTION

The #metoo movement began with an objective to create a safer space for people to voice
their experiences with sexual harassment and assault, initially involving trauma suffered at
workplaces and slowly transpiring into a larger-than-life call for social activism and attention
at the dilapidated state of society. The movement majorly depends on social media for people
and especially women to share their stories without any stigma or pressure and essentially, no
judgment. The movement has made us realize that this issue of sexual harassment at
workplaces is much graver than we perceived it to be.

The phrase “Me Too” was first coined in 2006 by Tarana Burke to support women of colour
who had experienced sexual harassment. The term gained traction again in the year 2017
when used by Alyssa Milano when she encouraged people to use it on Twitter and share the
painful stories of sexual harassment. With a huge response, a reflection was presented, how
women have been silenced by the societal pressure, stigma, and reaction when women reveal
what they have been subjected to, it is almost like society wants to turn its head the other way
rather than dealing with systemic wrongs against women and even the results of toxic
masculinity that asserts men do not face unconsented sexual advanced in their lives.

The #metoo movement has been empowering as it provides an easy, subtle way of getting the
point across, that crimes against women are not rare occurrences or even close to what they
seem to be but rather part of a normalized “culture” and quite common in lives of women.
The movement has helped women be vocal without the fear of victim-blaming and shaming.

Sexual harassment at workplaces is another issue altogether as it poses challenges like


unequal power dynamics that often lead to coercion which is harder to record or keep in
check due to the victim’s fear of judgment and lack of support and even threat to their job
security. This suppression in reporting sexual harassment cases is a persistent blanket that
stops us from facing realities. The #metoo movement has made space for such voices through
the convenience of anonymity.

In India, although we have various provisions and guidelines in place for the protection of
women against sexual harassment at workplaces, we must analyze if they have been effective
to provide relief to women of all backgrounds in all fields of work, even places like the
government and judicial offices. The effect of the #metoo movement was also seen in India
where women from unorganized and new, emerging sectors of work like Stand-up comedy
circuits in the entertainment industry spoke up against the negligence of their superiors,
employers, or friends.

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The conversations of ‘casting couch’ within the entertainment and modeling industry are not
new and we have witnessed entire lives of women being destroyed for the same and countless
women choose to stay silent and endure it to ensure their job security and careers. The office
culture is not stain-free either whether public, corporate or educational institutions.

Keeping all such possibilities in mind, this work is a deep study into crimes against women,
especially sexual assault, at their workplaces and whether the #metoo movement made a
substantial impact in such conversations, and what is the way ahead in policymaking.

AIMS AND OBJECTIVES

The researcher aims to:

1. Study effects of the #metoo movement: achievements and repercussions.


2. Analyze trends in sexual harassment at workplaces and policies adopted by the
government.
3. Examine judicial decisions and commentaries and provide suggestions for betterment.

RESEARCH QUESTIONS

The researcher poses the following questions:

1. What were the impacts of the #metoo movement on conversations regarding sexual
harassment against women?
2. What are the government policies for the protection of women at workplaces and their
results?
3. Are there any flaws in the #metoo movement which may or may not have been
pointed out by the judiciary and other commentators?

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HYPOTHESES

The researcher believes that:

1. The #metoo movement has highlighted problems in the emerging entertainment


industry.
2. The state machinery has not implemented the policies for the protection of women at
their workplaces effectively.
3. The counterproductive nature of social activism movements like #metoo needs to be
analyzed.

RESEARCH METHODOLOGY

The researcher will do a doctrinal type of research in which she will go through both the
primary and secondary sources. This helps in getting more informed and reliable data
collection.

SOURCES OF DATA COLLECTION

1. Primary Sources: Statues like Sexual Harassment of Women at Workplace


(Prevention, Prohibition and Redressal) Act, 2013, Indian Penal Code, 1860, etc.
2. Secondary Sources: Dictum of Judges, commentaries on websites, academic articles,
newspapers articles, books, journals, etc.

RESEARCH LIMITATIONS

Since the researcher is a student of law, she has access to limited sources. The researcher has
limited time for the project, studying vast commentaries and discussions can enhance and
enrich the project more. Significant requisite materials are not available through the physical
access of our library and e-resources. The researcher has restricted access to the various
forms of relevant literature along with a shortage of time to go through the available ones but
that will be compensated by the researcher’s dedication to this project.

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TENTATIVE CHAPTERISATION

1. INTRODUCTION
2. #METOO MOVEMENT: HISTORY AND OBJECTIVES
3. SEXUAL HARASSMENT AT WORK PLACE: AN ANALYSIS
4. GOVERNMENT POLICY AND GUIDELINES
5. JUDICIAL DECISIONS AND COMMENTARIES
6. REPERCUSSIONS: FALSE ACCUSATIONS AND DEFAMATION
7. SUGGESTIONS AND CONCLUSION
8. BIBLIOGRAPHY AND REFERENCES

BIBLIOGRAPHY AND REFERENCES

Since the researcher is still in the preliminary stages of data collection and analysis, she is
unable to procure a definitive bibliography at this point as it is subjective to the completion of
the research.

CITATION METHODS

The researcher will abide by the 20th Harvard Bluebook citation method.

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