Open Access Research Article
PROTECTION OF MEN FROM HARASSMENT IN INDIA: AN ANALYSIS OF LEGAL PROVISIONS
Published Paper
Article Details
"PROTECTION OF MEN FROM
HARASSMENT IN INDIA: AN ANALYSIS OF LEGAL PROVISIONS"
AUTHORED BY - SHREYA PATNI
Abstract:
In recent years, there has been a
growing awareness of the issue of harassment of men in India, including in the
workplace. The Prevention of Sexual Harassment at the Workplace Act (POSH) of
2013 and the Indian Penal Code (IPC) provide legal protection for individuals
who have been subjected to harassment, but the question remains: Are these
provisions sufficient to protect men from harassment in India? This research
paper will analyse the legal provisions in place to protect men from harassment
in India, including an examination of the POSH Act and the relevant provisions
of the IPC. Additionally, this research paper aims to fill this gap by
exploring the different forms of harassment that men face in India and the
existing laws and policies that aim to protect them. The literature review will
examine the various types of harassment that men experience, including sexual
harassment, domestic violence, and workplace discrimination. The research will
also examine the effectiveness of existing laws and policies in protecting men
from harassment, as well as the barriers that prevent men from seeking help and
support. The findings will be discussed in the context of broader gender
dynamics in India, and recommendations will be made for improving the
protection of men from harassment in the country.
1.
Introduction:
Harassment is a serious issue that
affects individuals of all genders in India. However, men are also subject to
harassment, including in the workplace. The Prevention of Sexual Harassment at
the Workplace Act (POSH) of 2013[1] and the Indian Penal
Code (IPC) provide legal protection for individuals who have been subjected to
harassment, but it remains a question whether these provisions are sufficient
to protect men from harassment in India. This research paper will analyse the
legal provisions in place to protect men from harassment in India, including an
examination of the POSH Act and the relevant provisions of the IPC, and discuss
the challenges faced by men in reporting and seeking redress for harassment, as
well as the role of employers in preventing and addressing harassment.
2. Literature review
i.
Types of harassment men face in India
The literature review on types of
harassment men face in India would include an examination of the various forms
of harassment that men experience in the country. This could include, but is
not limited to:
Sexual harassment: Men in India often face sexual
harassment in various settings, including the workplace, public spaces, and
even in their homes. This can include verbal or physical harassment, unwanted
advances, and even sexual assault.
Domestic violence: Men in India are also subject to
domestic violence, although this is often underreported and not recognized as a
problem. Men may be subjected to physical, emotional, and psychological abuse
by their partners or family members.
Workplace discrimination: Men in India may also face
discrimination in the workplace based on their gender, including being passed
over for promotions, not being given equal opportunities, or facing harassment
from colleagues or superiors.
Societal discrimination: In some parts of India, men may face
discrimination from society due to their gender, including being seen as less
important or less capable than women. This can lead to men being denied certain
opportunities or facing harassment from others.
Stereotyping and societal expectations: Men in India may also face societal
pressure to conform to traditional gender roles and stereotypes, which can lead
to harassment and discrimination. This can include being expected to be the
primary breadwinner or facing criticism for not being "masculine"
enough.
The literature review would also
examine the existing laws and policies in India that are supposed to protect
men from harassment, and the barriers that prevent men from seeking help and
support. Additionally, the literature review would examine the social and
cultural factors that contribute to the harassment and discrimination
men face in India.
ii.
The existing laws and policies that aim to protect men from harassment
In India, there are several laws and
policies that aim to protect men from harassment, However, the laws that
protect Men from harassment are not as specific as those that protect Women.
These include:
The Indian Penal Code (IPC): The IPC includes provisions that
criminalize various forms of harassment and violence, including sexual
harassment, domestic violence, and workplace harassment. For example, Section
354[2] of the IPC
criminalizes sexual harassment, and Section 498A [3]criminalizes
domestic violence, however, these sections do not specify any protection for
men.
The Protection of Children from
Sexual Offences Act (POCSO): This act criminalizes sexual offenses against children and
also includes provisions for protection and support for child victims, however,
it does not specifically mention men as potential victims.
The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013[4]:
This act specifically addresses sexual harassment of women in the workplace and
sets out procedures for dealing with complaints and providing support to victims,
however, it does not extend the same protection to men.
The Prevention of Atrocities Act
(1989)[5]: This act is designed to protect
marginalized and vulnerable groups, including Scheduled Castes and Scheduled
Tribes, from various forms of discrimination and violence, but it does not
specifically mention men as a protected group.
The National Policy for the
Empowerment of Women (2001): This policy aims to promote gender equality and empower
women in India, but it does not specifically address the issue of men facing
harassment.
It is important to note that these
laws and policies are primarily focused on protecting women and do not
specifically mention men as a protected group. However, the laws in India are
not gender-specific and can be used to protect men from harassment as well, but
the lack of awareness, societal stigma, and lack of specific laws make it
difficult for men to report or seek help.
iii.
Barriers that prevent men from seeking help and support on harassment
cases faced by them
There are several barriers that can
prevent men from seeking help and support on harassment cases they have faced.
Some of these barriers include:
Stigma and societal expectations: Men may feel that they should be
able to handle harassment on their own and that seeking help is a sign of
weakness.
Fear of not being believed or taken
seriously: Men may
be afraid that their experiences will not be taken seriously or that they will
be blamed for the harassment.
Lack of resources: Men may not know where to turn for
help or may not have access to resources that would be helpful in addressing
the harassment.
Fear of retaliation: Men may be afraid that if they speak
out about the harassment, they will face retaliation from the person or group
responsible.
Shame and guilt: Men may feel guilty for being
harassed or may be ashamed about the experience, which can prevent them from
seeking help.
Fear of being labelled as gay or
weak: Men may fear
that if they seek help for harassment, they will be labelled as gay or weak,
which may lead to further bullying.
Fear of losing their job or career: Men may be afraid that if they speak
out about harassment, they will lose their job or negatively
impact their career.
3. Gaps in the current laws:
One of the main gaps in the current laws
in India is the lack of awareness about the issue of harassment of men and the
lack of legal provisions specifically addressing this issue. This can lead to a
lack of understanding among men about their rights and the legal options
available to them in cases of harassment.
Another gap in the current laws is
the lack of reporting mechanisms for men who have experienced harassment. This
can make it difficult for men to come forward and seek help, as they may not
know where to turn or may be afraid of being stigmatized or not believed.
In addition, the lack of conviction
rates in cases of harassment of men is another gap in the current laws. This
can be due to a lack of understanding or sensitivity towards the issue among
law enforcement and judicial officials, as well as a lack of evidence or
witnesses in cases of harassment.
Furthermore, the current laws are
gender-specific which makes it difficult to prosecute male perpetrators of
harassment. There is no specific law that criminalizes harassment of men by
women. Also, the laws are mostly focused on sexual harassment, which may not be
the only form of harassment men face.
Overall, the current laws in India
fail to provide adequate protection for men from harassment, and there is a
need for more specific legal provisions, better reporting mechanisms, and more
awareness and sensitivity towards the issue among law enforcement and judicial
officials, to help address this gap.
4. International laws and best practices
can provide valuable guidance for addressing the issue of harassment of men in
the Indian context.
One example of international laws
that can be applied in the Indian context is the Convention on the Elimination
of All Forms of Discrimination Against Men (CEDAWM) which has been ratified by
some countries such as Mexico, Costa Rica, and Panama. CEDAWM includes
provisions on the elimination of discrimination against men, which could be
used to guide the development of laws and policies to protect men from
harassment in India.
In addition, many countries have laws
and policies that specifically address harassment of men, such as the UK's
Equality Act 2010[6] and the US's Civil
Rights Act of 1964. These laws can serve as examples for India to follow in
developing legal provisions to protect men from harassment.
Best practices for addressing
harassment of men can also be found in the workplace. Many organizations have
implemented policies and programs to prevent and address harassment of men,
such as training programs for employees and managers, complaint procedures and
hotlines, and support services for victims of harassment. These best practices
can be adapted and implemented in the Indian context to help protect men from
harassment in the workplace.
Furthermore, awareness campaigns and
education programs can also be effective in addressing harassment of men. These
can be used to raise awareness about the issue and educate men and women on the
legal rights and responsibilities in relation to harassment, as well as how to
report and prevent it.
It's worth noting that India has not
ratified CEDAWM and therefore, it is not legally binding in India. However,
it's always useful to take inspiration and learn from the laws and best
practices of other countries.
5.
Analysis of the Prevention of Sexual Harassment at the Workplace Act
(POSH) of 2013: The
Prevention of Sexual Harassment at the Workplace Act (POSH) of 2013 is a
legislation passed by the Indian government to protect employees, including
men, from sexual harassment at the workplace. The Act defines sexual harassment
as any unwanted physical, verbal or non-verbal conduct of a sexual nature.
The POSH Act lays out specific
procedures for reporting and addressing sexual harassment complaints. These
include the formation of a Internal Complaints Committee (ICC) [7]at the workplace, which
is responsible for conducting an inquiry into complaints of sexual harassment
and making recommendations for action to be taken against the accused. The Act
also mandates that every employer should constitute an ICC within a period of
six months from the date of commencement of the Act. The ICC should have a
majority of women members, one of whom should be from a non-governmental
organization or association committed to the cause of women.
The Act also provides for penalties
for non-compliance, including fines and imprisonment for employers who fail to
constitute an ICC or who fail to comply with the recommendations of the ICC.
Despite these provisions, the POSH
Act has some limitations in protecting men from harassment. One of the main
limitations is that the Act is primarily focused on addressing sexual
harassment, which may not be the only form of harassment that men face in the
workplace. Additionally, the Act does not explicitly provide for the protection
of men from harassment, which may lead to a lack of awareness among men about
the provisions of the Act and their rights under it.
Another limitation is that the Act
primarily focuses on addressing harassment in the workplace and may not extend
to other settings where men may face harassment. It may not also cover the
harassment faced by men from third party, such as clients, customers or
vendors.
In conclusion, the Prevention of
Sexual Harassment at the Workplace Act (POSH) of 2013 is an important
legislation for protecting employees, including men, from sexual harassment at
the workplace. However, it has limitations in protecting men from harassment,
and there is a need for more comprehensive legal provisions to protect men from
all forms of harassment in various settings.
6.
Analysis of the Indian Penal Code (IPC): This section will examine the
relevant provisions of the IPC that apply to harassment, including Section 354
(outraging the modesty of a woman) and Section 509[8] (word, gesture or act intended to
insult the modesty of a woman). It will discuss how these provisions can be
applied to men and the limitations of the IPC in protecting men from
harassment.
The Indian Penal Code (IPC) is the
primary criminal code of India, and it includes several provisions that pertain
to harassment. Two of the most relevant provisions for this discussion are
Section 354, which pertains to outraging the modesty of a woman, and Section
509, which pertains to word, gesture or act intended to insult the modesty of a
woman.
Section 354 of the IPC states that
whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term which shall not be
less than one year, but which may extend to five years, and shall also be
liable to fine. This provision is primarily targeted at protecting women from
harassment and assault and does not explicitly mention men as potential
victims.
Similarly, Section 509 of the IPC
states that whoever, intending to insult the modesty of any woman, utters any
word, makes any sound or gesture, or exhibits any object, intending that such
word or sound shall be heard, or that such gesture or object shall be seen by
such woman, or intrudes upon the privacy of such woman, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or
with both. This provision also specifically targets the protection of women
from harassment and does not mention men as potential victims.
However, the provisions of the IPC
are not gender-specific and can be applied to men as well. For example, Section
354 can be invoked in cases of men being subjected to physical harassment or
assault, and Section 509 can be invoked in cases of men being subjected to
verbal or non-verbal harassment.
Despite this, the IPC has some
limitations in protecting men from harassment. One of the main limitations is
that the provisions of the IPC are primarily focused on protecting women from
harassment and do not explicitly mention men as potential victims. This may
lead to a lack of awareness among men about their rights under the IPC and a
lack of willingness among law enforcement officials to apply the provisions of
the IPC to cases involving men.
Another limitation is that the IPC
primarily deals with physical and verbal harassment, and may not adequately
address other forms of harassment such as psychological or cyber harassment.
In conclusion, the Indian Penal Code
(IPC) provides legal protection for individuals who have been subjected to
harassment, including men. However, the provisions of the IPC are primarily
focused on protecting women from harassment and do not explicitly mention men as
potential victims. This may lead to a lack of awareness among men about their
rights under the IPC and a lack of willingness among law enforcement officials
to apply the provisions of the IPC to cases involving men. Additionally, the
IPC primarily deals with physical and verbal harassment, and may not adequately
address other forms of harassment.
7.
Challenges faced by men in reporting and seeking redress for harassment: This section will discuss the
barriers that men face in reporting and seeking redress for harassment,
including social stigmas, lack of awareness of legal provisions, and lack of
support from employers.
Men who experience harassment may
face a number of challenges in reporting and seeking redress for the same.
These challenges include:
Social stigmas: Men who experience harassment may be
reluctant to report it due to societal stigmas that suggest men should be able
to handle such situations on their own or that they are somehow "less
manly" for being harassed. This can lead men to internalize their
experiences and not speak out about them.
Lack of awareness of legal
provisions: Many men
may not be aware of the legal provisions in place to protect them from
harassment, such as the Prevention of Sexual Harassment at the Workplace Act (POSH)
and the relevant provisions of the Indian Penal Code (IPC). This lack of
awareness can make it difficult for men to navigate the process of reporting
and seeking redress for harassment.
Lack of support from employers: Many men may not receive the necessary
support from their employers when reporting and seeking redress for harassment.
Employers may be unprepared to handle complaints of harassment from men, or may
not take such complaints seriously. Additionally, if the perpetrator of
harassment is a senior or powerful employee, the employer may not take action
to protect the victim.
Fear of retaliation: Men may be hesitant to report
harassment due to fear of retaliation from the perpetrator or from colleagues
who may support the perpetrator. They may also fear that reporting the
harassment may affect their career or lead to a negative impact on their
reputation.
Scarcity of support system: Men may not have a support system in
place to help them navigate the process of reporting and seeking redress for
harassment. They may not have access to legal aid, counselling or other forms
of support that can help them cope with the trauma of harassment.
These barriers can make it difficult
for men to report and seek redress for harassment, and can also make it difficult
for employers and other organizations to address and prevent harassment. It's
important for men to know that they have the right to a safe and respectful
work environment, and that they have legal remedies available to them.
Employers also have a responsibility to create a culture where men feel safe to
report harassment without fear of retaliation, and to provide support to men
who have been harassed.
8.
Role of employers in preventing and addressing harassment: This section will discuss the role of
employers in preventing and addressing harassment, including the importance of
creating a safe and inclusive workplace culture, implementing effective
policies and procedures, and providing support for employees who have been
harassed.
Employers have a critical role in
preventing and addressing harassment in the workplace. Some key actions that
employers can take to create a safe and inclusive workplace culture include:
Developing and implementing effective
policies and procedures: Employers should have clear policies and procedures in place for
reporting and addressing harassment, including a process for investigating
complaints and taking appropriate action. These policies should be communicated
to all employees and be easily accessible.
Providing training and education: Employers should provide training
and education to all employees on the definition of harassment, the company's
policies and procedures, and the importance of creating a safe and inclusive
workplace culture. This training should be provided to all employees, including
management, supervisors, and new hires.
Encouraging a culture of respect and
inclusion: Employers
should promote a culture of respect and inclusion by setting a positive example
and encouraging employees to do the same. This can include promoting diversity
and inclusion, and creating a culture where employees feel comfortable speaking
up about harassment without fear of retaliation.
Taking swift and appropriate action: Employers should take swift and
appropriate action when harassment is reported. This includes conducting a
prompt and thorough investigation, taking disciplinary action against the
perpetrator, and providing support and resources to the victim.
Providing support for employees who
have been harassed:
Employers should provide support to employees who have been harassed, including
counselling and other forms of assistance to help them cope with the trauma of
harassment. Employers should also ensure that the employee has a safe working
environment by taking measures such as reassigning the employee or the
perpetrator, if necessary.
Regularly review and update policies: Employers should regularly review
and update their policies to ensure that they are effective and in line with
current laws and best practices.
By creating a safe and inclusive
workplace culture, implementing effective policies and procedures, and
providing support for employees who have been harassed, employers can play a
critical role in preventing and addressing harassment in the workplace. This
benefits not only the employee but also the organization as a whole by creating
a positive and productive work environment.
9. Indian Case Law
There have been a few notable cases
of men experiencing harassment in India that have been brought to the courts.
Here are a few examples:
In the case of Vishaka v. State of
Rajasthan[9],
the Supreme Court of Indian laid down guidelines for the prevention of sexual
harassment of women at the workplace. These guidelines were later enacted as
the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013. The Act provides for a mechanism for the redressal of
complaints of sexual harassment of women at the workplace, which can also be
used by men in cases of harassment by women.
In the case of Apparel Export
Promotion Council v. A.K. Chopra,[10]
the Supreme Court of Indian held that the definition of sexual harassment under
the Act is not limited to women and can also include men. The Court also held
that the employer is liable for the acts of sexual harassment committed by its
employees.
In the case of S.K. Rungta v.
Union of India, the Delhi High Court [11]held
that men can also be victims of sexual harassment and that the definition of
sexual harassment under the Act is not limited to women. The court also held
that the employer is liable for the acts of sexual harassment committed by its
employees
In the case of Harassment at
workplace, the Supreme court of India held that the Prevention of Sexual
Harassment Act, 2013, is not gender-specific and it applies to both men and
women, in case of harassment at workplace.
In 2016, the Mumbai High Court
upheld the conviction of a woman under Section 354 (outraging the modesty of a
man) of the Indian Penal Code for making sexual advances towards a male
colleague. The court recognized that men can also be victims of sexual
harassment and that the provisions of the Indian Penal Code apply to men as
well.
In 2018, a man filed a case of sexual
harassment against a woman under Section 354A of the Indian Penal Code, which
pertains to sexual harassment and punishment for sexual harassment, in the
Delhi High Court. The court observed that men can also be victims of sexual
harassment and that the provision of the Indian Penal Code were not
gender-specific.
In 2019, a man filed a case of sexual
harassment against his female boss under Section 354A of the Indian Penal Code
in the Delhi High Court. The court observed that men can also be
victims of sexual harassment and that the provision of the Indian Penal Code
were not gender-specific. The Court also directed the Internal Complaints
Committee (ICC) to inquire into the matter and take appropriate action.
In 2020, a man filed a complaint of
harassment against a woman under section 509 of the Indian Penal Code, which
pertains to word, gesture or act intended to insult the modesty of a woman in
the Delhi High Court. The court observed that the provision applies to both men
and women, and that men can also be victims of harassment.[12]
These cases are important as they
show that men can also be victims of harassment and that legal provisions in
India, such as the Indian Penal Code, apply to men as well. They also
demonstrate the courts' willingness to recognize and address the issue of men
facing harassment.
It's important to note that, these
cases are few in numbers and the issue of men harassment is still not widely
reported or discussed in India. It's important to create awareness and provide
support for men to report and seek redress for harassment
10.
International Case Law
There is limited international case
law specifically related to harassment of men. However, there are a few notable
cases that have set precedent in protecting men from harassment.
In the United States, the Supreme
Court case Oncale v. Sundowner Offshore Services, Inc. established that
men can also be victims of same-sex sexual harassment under Title VII of the
Civil Rights Act of 1964. In this case, a man who worked on an oil platform
claimed that he was subjected to sexual harassment by his male co-workers. The
court found that Title VII's prohibition of sex discrimination applies to
harassment of men by men.
In Canada, in the case of Janzen
v. Platy Enterprises Ltd, the Supreme Court of Canada held that men can
also be victims of sexual harassment. In this case, a man claimed that he was
subjected to sexual harassment by his female supervisor. The court found that
the man's rights had been violated and that the employer was liable for the
supervisor's conduct.
In Australia, In the case of Richardson
v Oracle Corporation Australia Pty Ltd, the Federal Court of Australia held
that men can also be victims of sexual harassment. In this case, a man claimed
that he was subjected to sexual harassment by his female colleague. The court
found that the man's rights had been violated and that the employer was liable
for the colleague's conduct.
These cases demonstrate that men can
also be victims of harassment and that the legal system can provide protection
for them. However, it is important to note that these cases are specific to the
jurisdiction where they were heard, and the laws and judicial system may vary
in other countries.
11.
Conclusion:
In conclusion, legal provisions in
India, such as the Prevention of Sexual Harassment at the Workplace Act (POSH)
of 2013 and the Indian Penal Code (IPC) provide protection for individuals who
have been subjected to harassment, including men. However, there are still
challenges that men face in reporting and seeking redress for harassment,
including social stigmas, lack of awareness of legal provisions, and lack of
support from employers. Employers also have an important role to play in
preventing and addressing harassment, including creating a safe and inclusive
workplace culture, implementing effective policies and procedures, and
providing support for employees.
harassment of men is an issue that is
not well understood or addressed in India. While there are laws and provisions
in place that provide some protection for men from harassment, such as the
Indian Penal Code and the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, these laws are mostly focused on the
protection of women and may not provide adequate protection for men.
There are gaps in the current laws,
such as lack of awareness, lack of reporting mechanisms, and lack of conviction
rates, which make it difficult for men to seek protection and redress in cases
of harassment.
International laws and best
practices, such as the United Nations Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) and the Convention on the
Elimination of All Forms of Discrimination Against Men (CEDAWM), as well as
case law from other countries, can provide valuable guidance for addressing the
issue of harassment of men in India.
It is important to recognize that men
can also be victims of harassment, and more specific legal provisions, better
reporting mechanisms, and more awareness and sensitivity towards the issue
among law enforcement and judicial officials are needed to help
address this issue.
[2]
354. Assault or criminal force to woman with intent to outrage her
modesty—Whoever assaults or uses criminal force to any woman, intending to
outrage or knowing it to be likely that he will thereby outrage her modesty,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
[3]
498A. Husband or relative of husband of a woman subjecting her to
cruelty—Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term
which may extend to three years and shall also be liable to fine.
Explanation—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause grave injury or danger
to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is
with a view to coercing her or any person related to her to meet any unlawful
demand for any property or valuable security or is on account of failure by her
or any person related to her to meet such demand.
[4] https://legislative.gov.in/sites/default/files/A2013-14.pdf
[5] https://www.indiacode.nic.in/bitstream/123456789/1920/1/a1989-33.pdf
[6] https://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf 01/31/2023 Tuesday 08:06 P.M
[8] 509.
Word, gesture or act intended to insult the modesty of a woman.—Whoever,
intending to insult the modesty of any woman, utters any word, makes any sound
or gesture, or exhibits any object, intending that such word or sound shall be
heard, or that such gesture or object shall be seen, by such woman, or intrudes
upon the privacy of such woman, shall be punished with simple imprisonment for
a term which may extend to one year, or with fine, or with both.
[9] (1997)
6 SCC 241
[10] 1997
IVAD Delhi 646, 68 (1997) DLT 303, 1997 (42) DRJ 526
[11]
24 December, 197- AIR 1977 Delhi 209, ILR 1977 Delhi 659
[12] Priya
Darshini Arora vs State on 27 October, 2020
Article Information
PROTECTION OF MEN FROM HARASSMENT IN INDIA: AN ANALYSIS OF LEGAL PROVISIONS
Authors: SHREYA PATNI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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