Right To Her Testimony

Context: The recent Court verdict (Priya Ramani case) is a powerful vindication for women, but sexual harassment at the workplace remains a problem of institutions rather than individuals.

Significance of Ramani Judgement

• Releases burden of a definitive answer: Women testimonies cannot be dismissed as untrue.
  • Survivors are justified in sharing their testimonies on media or social media platforms as a form of self-defence.
• Puts sexual abuse above defamation: by pointing that sexual abuse violates the constitutionally recognized rights to dignity (Article 21) and equality (Articles 14 and 15),
  • (a man’s) right to reputation cannot be protected at the cost of (a woman’s) right to dignity.
• Moral vindication of the #MeToo movement: it will deter powerful men from using the defamation law to silence survivors.

Challenges associated with the problem of Sexual Harassment

• Inability to provide witness: since sexual harassment typically takes place in private.
• Burden of offering a definitive answer: in terms of having proof, not speaking up immediately and taking to media or social media, filing a criminal case.
  • Sometimes a victim may for years not speak up due to mental trauma.
• Reputation advantage of privileged men over women: men from privileged classes accused of sexual violence accuse women of injuring their reputation and status.
  • Amendments to India’s sexual violence laws in 2013 are claimed as “draconian” when applied to privileged men.
• Institutional problem rather than of individuals alone:
  • In India and Bangladesh, at least 60% of garment factory workers experience harassment at work. Employers deploy sexual harassment as a means to discipline and control women workers.
  • Labour laws against sexual harassment exist only on paper for factory, domestic, street vendors, sanitation and waste, construction and sex workers. (restricting them to form unions)

Conclusion: Women workers fighting sexual harassment, who stand to be silenced by these codes, need more support and attention.