INTRODUCTION1

Women have an essential role in the overall development of human personality and are an
indispensable part of our society. Violence, physical abuse, refusal of the right to life,
subordination and neglect has all been perpetrated against women. Acts of abuse such as eve-
teasing, molestation, sexual assault, domestic violence, and rape have gotten extremely
common and thus are recorded on a daily basis.2 Sexual harassment is a possible cause of a
strained human relationship. Since a long time, sexual harassment has been acknowledged
being one of the most terrifying and violating types of violence in the world. Even in the age
of the MeToo movement, which saw survivors reveal their stories and led to the downfall of
numerous major personalities globally in politics, business, entertainment sector and beyond
still sexual harassment is frequently neglected in India. Our country has developed numerous
laws for the protection of women against the various atrocities faced by them in society. To
protect women from such crimes, it is critical to implement a variety of programs to protect
them from sexual harassment at work, in schools, in colleges, and in any other setting by
anyone known or unknown, to include human rights in the curriculum and to raise awareness
of human rights among the general public, to teach loving kindness, equality, and humanity.

RESEARCH METHODOLOGY
The research methodology followed in writing this research work is secondary research. The
data has been collected from secondary resources which already exist in published form
which includes published materials, books, reports, case laws, websites, newspaper and other
relevant publications. This research paper also collects information from various online
sources and legitimate sites which have been duly given credits for.

RESEARCH OBJECTIVES:

1. To understand the meaning, definition and concept of sexual harassment.

RESEARCH QUESTIONS:
1. What is the meaning, definition and concept of sexual harassment?
2. What are the various laws made by the government against sexual harassment in India
and preventive measures taken by the government?

1
Kapoor, V., & Dhingra, K. (2013). Sexual harassment against women in India. OIDA International Journal of
Sustainable Development, 6(10), 85-92.
2
Edmund Wall, The Definition of Sexual Harassment, 5 Public Affairs Quarterly 371, 371-385 (2012).
3. What are the various loopholes and issues in the present laws which were enacted to
prevent sexual harassment in India?
 LIMITATIONS:
While all genders may have experienced sexual harassment, this study will focus solely on
the feminist standpoint.

LITERATURE REVIEW
1. Kapoor, V., & Dhingra, K. in their study ‘Sexual harassment against women in India’
talk about the acts of abuse like eve-teasing, molestation, sexual abuse, domestic
violence and rape in detail and offers recommendations regarding the role of the state,
government, media, NGOs, and others in raising awareness about issues connected to
violations of women's rights, as well as promoting education and knowledge about the
same. It also discusses the many laws and provisions concerning sexual harassment,
and also the effects on society and women.
2. Thomas, A in her paper ‘Incidents of sexual harassment at educational institutions in
India: Preventive measures and grievance handling’ examines contemporary
advancements in the field of sexual harassment, as well as the legal criteria for
enacting laws that prohibit sexual harassment and protect victims at schools, colleges,
and universities. The paper also emphasises the need for making policies, processes,
and remedies executable and implementable.
3. Baruah, R in her paper ‘A critical analysis of the laws available in India against sexual
harassment at workplace’ talks about both Indian and International conventions on
laws against sexual harassment. It also discusses the first occurrence of sexual
harassment in the workplace and the standards established by the government in
response to it. It primarily discusses Indian legislation against sexual harassment, as
well as the concept of an Internal Complaints Committee.

CONCEPT OF SEXUAL HARASSMENT

The word sexual harassment has a very narrow connotation because the whole concept of
sexual harassment resolves around the consent of the individual or in other words it can also
be defined as an unwelcomed act of physical contact, explicit or implicit promise or demand
or request for sexual favours, screening pornography or any act physical, verbal or non-verbal
conduct which humiliates and affects the health and safety of a women falls within the
meaning of sexual harassment.3 Several dictionaries have provided various definitions of
sexual harassment. The Merriam Webster Dictionary defines sexual harassment as
‘“uninvited and unwelcome verbal or physical behaviour of a sexual nature especially by a
person in authority toward a subordinate’.4 According to Cambridge Dictionary Sexual

3
(Definition of SEXUAL HARASSMENT 2021),
https://www.merriam-webster.com/dictionary/sexual+harassment

4
Sexual harassment. (n.d.). Retrieved from https://dictionary.cambridge.org/dictionary/english/sexual-
harassment
Harassment is defined as “an unwanted or offensive sexual attention, suggestions, or talk,
especially from an employer or other person in a position of power”.5 Sexual harassment can
be classified into three major categories: visible, verbal, and physical.6 Any sort of offence to
the sense of vision in which the harasser exposes his/her private parts to the victim or
continuously stares at her immodestly, causing her to feel uncomfortable, rude, or unpleasant,
provides clearly delineated basis for visual sexual harassment. Forcing somebody to watch
inappropriate content or pushing them to look at sexually explicit photographs, emails,
letters, or text is also considered sexual harassment.7 Requesting or demanding sexual
favours, remarking on someone's appearance, telling jokes or making gender discriminatory
or sexually assaultive statements, or entrenching oneself in disseminating rumours about
someone else's' sex life are all examples of verbal sexual harassment.8

6
Characteristics & definitions of sexual harassment. (2017, March 7). AWARE.
https://www.aware.org.sg/training/wsh-site/3-characteristics/
7
Ibid
8
Madhu Balaaji S & S. Malaimangal, A Study on Sexual Harassment on Women in India, 7 International
Journal of Current Advanced Research 9980, 9981-9985(2018) https://journalijcar.org/sites/default/files/issue-
files/4623-A-2018.pdf