No means No: Grappling with Harassment & Eve-Teasing in Public Spaces

Grappling with Harassment & Eve-Teasing in Public Spaces is a hard truth every woman in India has faced. Here is what you can do if you come face to face with this unpleasant situation.

There were camera flashes everywhere. All eyes on the celebrity standing in the store in front and probably why he thought he could get away with it. Standing in the middle of an extremely jampacked crowd, he groped at her chest from behind and by the time she turned around to see who had violated her, he had gotten lost in the innumerable faces focused on the celebrity upfront. She was 10. She didn’t know what had happened to her, even though she felt extremely uncomfortable. Eventually over time, she understood what had actually happened to her that day and that was probably the last time she stood in the middle of a crowd without a care in the world.

 – Anonymous

Policing yourself in the public space, shielding yourself from the rampant male gaze has been the number one priority of countless girls and women who step out of their homes for work, school, college or even just to have a night out on the town with friends and family. As a woman, you are never truly free because you feel this constant need to keep your head down and just go about your work without attracting unwanted attention.

Lewd comments, catcalling, stalking are just some of the examples of street harassment. The tragedy here is that most men don’t even realise that what they are doing amounts to eve-teasing. They feel if they are not being physically sexual, they are not violating the safety, privacy and dignity of the woman. Whereas, women for the longest time have been told to keep quiet, keep their head down and move away quietly rather than confront the harasser. Songs like Gandi Baat from R...Rajkumar romanticising the idea of being a 'roadside Romeo' - talking about eve-teasing and stalking as a matter of right while the woman is expected to keep quiet and eventually fall in love with such a man is also a huge part of the problem.

The tragedy here is that most men don’t even realise that what they are doing amounts to eve-teasing. They feel if they are not being physically sexual, they are not violating the safety, privacy and dignity of the woman.

As of today, there is no law in the country that makes eve-teasing on its own a crime. In the aftermath of the 2012 Delhi Gang Rape, the need to address eve-teasing and the attitude of the criminal justice system towards these kinds of cases came under the scanner. On one hand, the typical response of families was to further police their daughters and sisters and on the other hand, women were encouraged to confront the transgressor at the same time.

As of today, there is no law in the country that makes eve-teasing on its own a crime.

The Government of India introduced the Criminal Amendment Act 2013 expressly recognising acts like voyeurism, acid attack and stalking as offences and incorporated them into the Indian Penal Code, 1860.

Offences under the Indian Penal Code every man and woman should be aware of:

Section 294: Obscene acts and songs

Section 326A: Acid Attack

Section 326B: Attempt to Acid Attack

Section 354A: Sexual harassment and punishment for sexual harassment.

Section 354B: Act with intent to disrobe a woman

Section 354C: Voyeurism

Section 354D: Stalking

Section 509: Word, gesture or act intended to insult the modesty of a woman.

A woman has the right to have an FIR registered against her harasser at the closest police station. Even if the police station doesn’t have jurisdiction to register the FIR in case the offence has occurred beyond its territorial jurisdiction, the survivor can insist on the registration of a zero FIR that binds the police officer to take the complaint lodged by the informant or survivor and transfer it over to the police station in whose jurisdiction the offence has occurred.

The most recent example of women confronting their eve-teasers occurred in July this year in Hauz Khas, New Delhi when 5 men were arrested for passed in leu remarks against 4 women hailing from Darjeeling. The video of the confrontation went viral and the police took swift action by registering an FIR under Section 509 IPC while the Delhi Commission for Women had also intervened.

Besides stronger laws with more stringent punishments and the upgradation of the existing system, what is also required is a change in the mindset of how women are perceived in the public space and in how we raise our future generations.

Gender sensitisation programmes laying out clearly what constitutes sexual harassment have become the norm. There have been cab and auto services launched in various cities that cater only to female customers some even having only lady drivers to make them feel safe. In some cases, programmes like “Safer Cities” established by Plan India – a child rights organisation – has proved effective in sensitising the local community in places like Mangolpuri where street harassment was a daily menace, by aiming to reduce violence against women and girls with activities focused on shifting social norms and attitudes.

At a personal level, women must discuss street harassment openly with their family, friends and colleagues. Clear any misconceptions or wrong notions they may hold. Correct the behaviour of the men in their life, as some may not even realise what they are doing is wrong. They need to know that ‘No’ means no.

 A woman’s response to a situation of eve-teasing is extremely subjective. Should you choose to confront your harasser:

1. Show no fear. In all likelihood, he himself is more fearful of being discovered.
2. Respect sisterhood. Intervene when you see another woman being victimised.
3. Be calm, yet firm. Communicate it clearly that their actions are making or have made you uncomfortable. What they have done is wrong and need to stop immediately.
4. Do not be afraid to ask for help.
5. Do not be afraid to lodge a formal complaint. If the police refuse to register an FIR, you can always file an application under Section 156(3) Cr.P.C. before the local Magistrate asking that the police be directed to register the FIR.
6. Always know – it is your right to feel safe and free.

Mannat Singh is an advocate. The views expressed are the authors own.