Speaking Up, for Public Good

Context: Priya Ramani verdict has expanded the law on sexual harassment by upholding women’s right to speak about the sexual harassment they were subjected to.

Evolution of women’s right to life and dignity in India: in recent times - 

• Vishaka judgment 1997: Supreme Court (SC) recognized sexual harassment at the workplace as a form of discrimination and a violation of women’s rights to work and equality.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013: enacted to protect and provide a safe workplace ambience for women.
• #MeToo movement 2018 in India: emboldened women to openly speak about sexual harassment.

Challenges to the protection of women’s rights against sexual violence:

• Victimization and stigma of women filing complaints: often terminating them from work.
  • Accused often term complainants as false, file counter complaints and seek gag orders for the media not to cover cases of sexual harassment.
  • Defamation against a victim: serves a dual purpose for the accused as it protects their reputation and the complainant is proved guilty of making a false statement (publicly shamed).
• Inaccessibility of legal remedies: Women often fail to file police complaints or even file complaints before the internal complaints’ committees.

Significance of the Priya Ramani verdict:

• Uphold women’s constitutional right: to life and dignity (Article 21) and right to equality before the law and equal protection of the law (Article 14) over the accused's right of reputation.
• Recognition of woman’s right to put up grievances (even after a time period): the court recognized historical sexual offence, a term used to describe child/adult sexual violence, that happened in the past.

Way forward: 

• Recognize victimization as a form of sexual harassment and discrimination: it should include slapping defamation and other complaints or cases.
• Expand the defences to defamation law: the truth of statements should not bring defamation charges under the Indian Penal Code (IPC) recognized in Priya Ramani judgement.
• Considering allegations of sexual assault as a matter of public interest: including domestic violence and speaking about it, is for the public good.