Can The Term Sexual Harassment During Eve Teasing Amount To Defamation, Assault And Intensional Infliction Of Emotional Distress.
Before embarking upon the examination of the law related to sexual harassment, it is important to understand what sexual harassment is. Sexual harassment refers to a conduct of sexual nature, which has neither been solicited nor invited by the complainant. The supreme court of India defined sexual harassment to include ‘such unwelcome sexually determined behavior as physical contacts and advance, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the women has reasonable grounds to believe that her objection would disadvantages her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment. This definition of sexual harassment is similar to that given in other jurisdictions. Sexual harassment also includes what is called the quid pro quo sexual harassment. It occurs in employment establishments, where as a pre-condition to receiving employment or employment benefits, an employee agrees to confer sexual favors to meet the employers demand. However, these related laws are framed as offences that either amount to obscenity in public or act that are seen to violate the modesty of women under sections 294, 354 and 509 of the IPC. While section 294 IPC is a law applicable to both men and women, the latter two are specifically oriented towards women.
Comprehensive illustrations of Sexual Harassment are also given by the National Commission of Women in India. It states that unwelcome sexual conduct includes eve teasing, unsavory remarks, jokes that cause or are likely to cause awkwardness or embarrassment, innuendos and taunts, gender-based insults or sexiest remarks, unwelcome tone in any matter such as over telephone (unpleasant telephone call) and the like, touching or brushing against any part of another’s body and the like, displaying pornographic or other offensive or derogatory pictures, physical confinement against one’s will and any other act likely to affect one’s privacy.
The term Eve teasing is used to refer to sexual harassment of women in public places such as the streets, public transportation, parks, beaches, and cinema halls. This type of a public harassment by a lone man or gangs of women includes such as verbal assaults such as making passes or unwelcome sexual jokes: nonverbal assaults such as showing obscene gestures, winking, whistling, and staring; and physical assaults such as pinching, fondling and rubbing against women in public places. In addition, several instances of eve teasing have been followed by more violent assaults such as rape and murder.
Eve teasing is a euphemistic expression that lives in post – colonial India and refers largely to sexual harassment of women in public places, thereby constituting women as eves, temptresses who provoke men into sexual titillation. This popular perception of sexual harassment posits the phenomena as a joke where women are both a tease and deserve to be teased. Considered a growing problem throughout the sub – continent, eve teasing ranges in severity from sexually coloured remarks to outright groping. It is the same story every day.
Eve teasing may sound obscene but harmless in its behavior but this act of molesting women has sometimes resulted in rape and even death of the victim. In one such horrific instance in Bihar, few young guys eve teased a 18 year old college woman on her way home; she was outraged and yelled at the guys. Next day the woman was kidnapped, raped and beaten by the same men until she was dead.
What right did these men have to violate the integrity of a woman for no fault of hers and why is eve teasing supposed to be a thing we are supposed to live with?
Eve Teasing In India – Some Facts And Figures
I goggled eve teasing and found many hits. Some thought provoking and shocking facts and figures about eve teasing in India are as follows:
# the expression eve teasing is Indian in origin. You won’t find it in most of the dictionaries. Native speakers of English do not use it.
# Studies show that 32 percent of the eve teasers are students, 35 percent are anti socials while the remaining 33 percent are middle aged men.
# the number of registered cases of sexual crimes against women in India increases from 67, 072 in 1988 to 84000 in 1993.In 1995 alone, more than 25000 cases of molestation and 12000 cases of rape were reported in the capital city of New Delhi. It is estimated that well over 80 percent of the sexual crimes go unreported. For example, 7643 of the 50000 estimated instances of violence against women were reported to the police even in Kerala, a south Indian state with the highest women literacy rate.
# An increasingly large number of college going women taking public transportation in Delhi have resorted to carrying pins, pen knives , and even daggers as a deterrent . Others have taken self defense classes.
# a recent survey revealed that approximately 90 percent of college women in New Delhi have experienced sexual harassment in some shape or form. Yet, it is estimated that only about 1 in 10000 eve teasing occurrences are reported to the police.
# 98 percent of the women have stated that sexual harassment on roads has affected their personal or academic development in one way or the other.
These facts may appear untrue and horrifying but they clearly show the plight of women in India. The condition is deteriorating every day. It is high time, therefore, that we include eve teasing as a Tort under a new head of liability and curb this heinous practice.
Eve Teasing – The Psychology Behind
I goggled eve teasing and found that many psychologists believe that sex, love or fun is not the only motive that men indulge in this behavior. Eve teasing is closely related to the gentle mindset of the Indian male. Men are raised to believe that they are more powerful physically and emotionally than women. They feel that they are doing nothing wrong just having some fun. Women on the other hand are made to feel vulnerable and the weaker sex.
Teachers of psychology and social scientists believe eve teasing to be a result of the frustrations suffered by a majority of youth. Disappointed by the unbecoming attitude of teachers and indifferent parents , they yearn for an outlet to vent their aggression and depression .Besides , many who do not inherit good values tend to indulge in acts of sexual harassment.
Eve teasing can be seen as a rite of passage for boys on their way to becoming men. Considering that sex is not the only motive, it would be reasonable to conclude that the psychodynamics of eve teasing are closely linked to the issue of gender.
Cases Related To Sexual Harassment
Vishaka And Others V. State Of Rajasthan And Others
Bhanwari Devi was a village-level social worker or a saathin of a development programme run by the State Government of Rajasthan, fighting against child and multiple marriages in villages. As part of this work, Bhanwari, with assistance from the local administration, tried to stop the marriage of Ramkaran Gujjar’s infant daughter who was less than one year old. The marriage took place nevertheless, and Bhanwari earned the ire of the Gujjar family. She was subjected to social boycott, and in September 1992 five men including Ramkaran Gujjar, gang raped Bhanwari in front of her husband, while they were working in their fields. The days that followed were filled with hostility and humiliation for Bhanwari and her husband. The only male doctor in the Primary Health Centre refused to examine Bhanwari and the doctor at Jaipur only confirmed her age without making any reference to rape in his medical report. At the police station, the women constables taunted Bhanwari throughout the night. It was past midnight when the policemen asked Bhanwari to leave her lehenga behind as evidence and return to her village. She was left with only her husband’s bloodstained dhoti to wear. Their pleas to let them sleep in the police station at night, were turned down.
The trial court acquitted the accused, but Bhanwari was determined to fight further and get justice. She said that she had nothing to be ashamed of and that the men should be ashamed due to what they had done. Her fighting spirit inspired fellow saathins and women’s groups countrywide. In the months that followed they launched a concerted campaign for justice for Bhanwari. On December 1993, the High Court said, “it is a case of gang-rape which was committed out of vengeance”. As part of this campaign, the groups had filed a petition in the Supreme Court of India, under the name ‘Vishaka’, asking the court to give certain directions regarding the sexual harassment that women face at the workplace. The result is the Supreme Court judgement, which came on 13th August 1997, and gave the Vishaka guidelines.
Guidelines And Norms Laid Down By The Hon’ble Supreme Court In Vishaka & Ors. V. State Of Rajasthan & Ors.
1. Duty Of The Employer Or Other Responsible Persons In Work Places And Other Institutions:
It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
For this purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favors;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or honorarium or voluntary, whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
3. Preventive Steps:
All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality to this obligation they should take the following steps:-
(a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
4. Criminal Proceedings:
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
5. Disciplinary Action:
Where such conduct amount to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.
6. Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.
7. Complaint Mechanism:
The complaint mechanism should be adequate to provide, where necessary, a Complaints Committee, a special councilor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.
8. Workers’ Initiative:
Employees should be allowed to raise issues of sexual harassment at workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings.
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.
10. Third Party Harassment:
Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.
12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.
Burlington Industries V. Kimberly Ellerth
ISSUE: The employer is Burlington Industries, the petitioner. The employee is Kimberly Ellerth, the respondent. From March 1993 until May 1994, Ellerth worked as a salesperson in one of Burlington’s divisions in Chicago, Illinois. During her employment, she alleges, she was subjected to constant sexual harassment by her supervisor, one Ted Slowik.
Slowik was a mid-level manager. Burlington has eight divisions, employing more than 22,000 people in some 50 plants around the United States. Slowik was a vice president in one of five business units within one of the divisions. He had authority to make hiring and promotion decisions subject to the approval of his supervisor, who signed the paperwork. Ellerth worked in a two-person office in Chicago, and she answered to her office colleague, who in turn answered to Slowik in New York. Against a background of repeated boorish and offensive remarks and gestures which Slowik allegedly made, Ellerth places particular emphasis on three alleged incidents where Slowik’s comments could be construed as threats to deny her tangible job benefits. In the summer of 1993, while on a business trip, Slowik invited Ellerth to the hotel lounge, an invitation Ellerth felt compelled to accept because Slowik was her boss. When Ellerth gave no encouragement to remarks Slowik made about her breasts, he told her to “loosen up” and warned, you know, Kim, I could make your life very hard or very easy at Burlington.” In March 1994, when Ellerth was being considered for a promotion, Slowik expressed reservations during the promotion interview because she was not “loose enough.” The comment was followed by his reaching over and rubbing her knee. Ibid. Ellerth did receive the promotion; but when Slowik called to announce it, he told Ellerth, “you’re gonna be out there with men who work in factories, and they certainly like women with pretty butts/legs.” In May 1994, Ellerth called Slowik, asking permission to insert a customer’s logo into a fabric sample. Slowik responded, “I don’t have time for you right now, Kim-unless you want to tell me what you’re wearing.” Ellerth told Slowik she had to go and ended the call. A day or two later, Ellerth called Slowik to ask permission again. This time he denied her request, but added something along the lines of, “are you wearing shorter skirts yet, Kim, because it would make your job a whole heck of a lot easier.” Ellerth never experienced a professional setback or reported the incidents to anyone at work, but according to Court TV, the U.S. Supreme Court ruled “that workers can still bring sexual harassment cases against employers even if the harassment is not reported and the employee’s career is never hurt.”
Eve Teasing Amounts To Defamation
“Defamation is the publication of a statement which reflects on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make them shun or avoid him.” It is defined under section 499 of INDIAN PENAL COURT and punished under section 500 of INDIAN PENAL COURT.
For historical reasons defamation takes the form of two separate lorts, libel and slander, the former being generally more favourable to the claimant because it is actionable per se and injury to reputation will be presumed. However, whether the case is one of libel or slander the following elements must be proved by the claimant: a) the statement must be defamatory, b) it must refer to the claimant, i.e. identify him, c) it must be published, i.e. communicated to at least one person other than claimant.
Some Issues Involved
U.P. Colleges Banned Jeans To Check Eve-Teasing
Some colleges in Kanpur banned jeans in the campus in order to reduce eve teasing. I googles on this topic and found that four colleges for women in Uttar Pradesh’s Kanpur district have prohibited their students from wearing jeans on campus to check eve-teasing incidents. The name of the college are as follow: Dayanand Degree College (DDC), Acharya Narendra Dev College (ANDC), Sen Balika College (SBC) and Johari Degree College (JDC) — all affiliated to Kanpur University —have restricted their students from wearing jeans.“When classes end, boys literally throng the gates. They (boys) often indulge in uncouth behaviour, particularly with those girls wearing body-hugging jeans. It’s a routine affair here,” the principal of DDC, Meeta Jamal said, “After receiving several complaints of eve-teasing outside the college gate, we decided to ban students from wearing jeans on campus. A notice in this regard was issued.” Jamal said that a dress code would be introduced on the campus of DDC. “Soon, there will be a dress code for students after which they will not have to waste time in choosing clothes for coming to college,” the DDC principal said. After this statement of Meeta Jamal, there is anger in the students mind, and they raised their arms against college authority for not allowing them to wear jeans. But in order to reduce eve teasing the Dean of the college had to take this step.
Trashed For Eve Teasing
A 25-year-old youth from Bangalore was thrashed mercilessly by a mob for allegedly eve-teasing a girl in the Taravakere police limits. The youth has been identified as Devraj, a native of Anekal and a resident of Thigalarapalya. On Sunday evening, Lakshmi, a resident of the area, accused Devraj of teasing her. Members of her family, along with some locals, beat him black and blue and then locked him in a room. Not satisfied with their brand of justice, they brought him out on Monday morning and thrashed him again. Finally, after tonsuring him, they handed him over at the police outpost. In order to defend himself devraj said “I was on my way to home and met Lakshmi who asked me for a lift and I dropped her to the place I had not done nothing wrong and I don’t have any idea why this happened to me.
Actress Priti Zinta Files A Defamation Case Against Mid-Day
After going throw many article and sites I found that Bollywood actress Preity Zinta has filed a defamation case against Mumbai-based daily Mid-Day. The defamation complaint is based on a transcript of a conversation supposedly between Salman Khan and Aishwarya Rai in which Salman referred to his relationship with Zinta. The transcript had appeared in Mid-Day’s issue. Tapes not authentic. The alleged conversation made headlines in the media. The newspaper and the news channel, which “broke” this story, had claimed that this conversation was taped by the Mumbai police. However, the police said that recent forensic laboratory reports showed that the tape was not authentic and that the voices of persons in the tape did not match those of Aishwarya and Salman. Zinta has moved the court only against Mid-Day because the other newspapers and channels hadn’t aired/printed part of the conversation which referred to her. After all the things happened the editor of Mid-Day Lajwanti D’Souza said that “It is something on record (the tapes); we just reproduced it. We feel bad about it, but that is what it was.”
Teenage Girl Commits Suicide After Eve-Teasing In Bihar
This case directly shows the relationship of eve teasing with defamation. Unable to bear the public shame due to eve-teasing, a 17-year-old girl allegedly committed suicide by consuming poison in Samastipur village in Bihar’s. Deputy Superintendent of Police Mohammed Qasim said that the girl, identified as Sonam Kumari, an intermediate student of a local college, was eve-teased by five boys of the village, while returning home after collecting flour from a wheat grinding mill. Surendra Singh, the father of the victim, placed the matter before the gram panchayat, which could not take any decision against the accused. Instead, parents of the accused charged the girl with having “loose character”. Sonam, a meritorious student, who won several medals in various sporting events at district level, could not bear the shame of the society and committed suicide, the DSP said, the family members of the girl have lodged an FIR against the five eve-teasers – Santosh Singh, Penter Singh alias Amar Singh, Rahul Singh, Chandan Singh and Saroj Singh – under section 306 (abetment of suicide) of the Indian Penal Code, Qasim said adding that the police were investigating the case.
After researching on this case, I got the information about the society that for girls there is no justice and if such type of cases happened with them, they only have one way either they commit suicide or life there life like a shameless girl in front of the society.
Eve Teasing Amounts To Assault
“Assault is an act of the defendant which causes the claimant reasonable apprehension of the infliction of a battery on him by the defendant.” It is defined under section 351 of INDIAN PENAL COURT and punished under section 352 of INDIAN PENAL COURT.
Assault of course requires no contact because its essence is conduct which leads the claimant to apprehend the application of force. But it is not every threat, when there is no actual personal violence that constitutes an assault; there must, in all cases, be the means of carrying the threat onto effect.
Issues Related To The Topic
Kobe Bryant And The Colarado Teenager
After reading certain article and goggled on this issue I found that the accuser in the ongoing Los Angeles Lakers Kobe Bryant sexual assault case is reportedly a 19-year-old woman who is an employee of the resort where Bryant was staying during the alleged attack in Colorado. Bryant, 24yrs old, a five time NBA All-star, is accused of sexually assaulting the woman. When the police had searched and asked to the officials at the lodge and spa at cordillera they said he was stayed here during that time. As he was there in Colorado for surgery on his right knee. Bryant’s attorney said he is innocent. Bryant turned himself in to authorities and was released after he posted a $25000 bond on a felony count of sexual assault. Under Colorado law, sexual assault encompasses a wide range of behavior, whether touching a clothed body part or engaging in a sexual act, and Bryant accusations are is not clear.
Railway’s Squad To Check Eve-Teasing
I goggled and found that the railway government of India took the challenge of providing safe journey to its women passengers, Northern Railway today deployed special squad personnel at railway stations and trains to check cases of harassment and eve-teasing. Subsequently it was decided to form a special squad comprising personnel of Railway Protection Force and senior officials. After formation of the squad, it was divided into seven teams with each having five to six members. All these personnel in civil dress have been deployed at stations and trains specially those where cases of eve-teasing and harassment are often reported,” informed a senior railway official. Stating that help of Government Railway Police and other security agencies would be taken to ensure safety of passengers, the official said vigil had also been tightened at railway stations to see that no such incident occurred. “The squad has been given special powers to stop any moving train to meet any kind of emergency or carry out special checks in case of complaints”. As we had seen eve- teasing is one of the major issue in the railways and we can see it at any place in airways, etc. eve teasers always want a chance to eve tease a girl. As the man body thing they are superior to female and more powerful than them.
Eve Teasing Amounts To Intentional Infliction Of Emotional Distress
Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage.
Elements: a) Elements are as under Defendant acted intentionally or recklessly b) Defendant’s conduct was extreme and outrageous c) Defendant’s act is the cause of the distress d) Plaintiff suffers severe emotional distress as a result of defendant’s conduct.
Some Cases Related To This Topic
BAZARGAN V. HILTON UNIVERSAL CITY AND TOWERS.
Hilton employed plaintiff Bazargan, who is of Iranian and Turkish descent, as a waiter in 1998. Plaintiff worked without incident until 1999, when his female co-workers began to tease him, accusing him of having a “crush” on defendant Eileen Mejia. In February 2000, Mejia reported plaintiff had used bad language and that it offended her; plaintiff denied the allegations. Plaintiff received a verbal and written warning concerning the allegations. During the period between February 2000 and spring 2002, plaintiff and Mejia were not scheduled to work together. Beginning in early 2002, Mejia and defendant Karen Taylor and other female Hilton employees made u nwanted comments about sex, sexual positions, sexual exploits, penis size, plaintiff’s penis size, the sexual differences between white and black men, and homosexuals. Plaintiff complained about his co-workers’ conduct to the human resources department, but Hilton took no action and did not investigate. Plaintiff repeatedly complained to Hilton about the harassment, complaining that there was a double standard for female employees, and that there was a discriminatory reward system regarding performance. In December 2002, plaintiff was verbally assaulted by Karen Taylor for his complaints. On New Year’s Eve 2002, the head of security, the human resources manager, and the general manager told plaintiff they were taking his claims seriously and that they had hired an investigator. Plaintiff was suspended without pay.
Leslie D. Mcpherson V. City Of Waukegan
When Leslie was employed by the City of Waukegan (the City), Leslie McPherson alleges that she was sexually harassed, battered and subjected to intentional infliction of emotional distress by her supervisor Randall Copenharve, and that the City forced her to resign. McPherson appeals the district court’s grant of summary judgment on her Title VII claim of sexual harassment against the City.
Eve Teasing-Fun Or Nuisance
I goggled on this topic and found such a shocking data so please read it.It’s the same old story every day. Step on the street in the morning and you jump out of your skin as a car hurtles towards you and changes direction just before smashing you to a pulp and the driver gives you an infuriating laugh. Even as you are still cursing him under your breath, you walk past a group of men standing at a corner who burst into a laughter. You pretend not to hear. You get into a taxi, and the driver adjusts his rear view mirror to get a better look at you and you sit with your files and hand bag clutched close to your chest as you avoid eye contact with him through the journey. A motorist peeks into the taxi, decides he likes what he sees and follows you lecherously, giggling excitedly until you reach your office. No girl has been spared from being a victim of eve teasing. This is a harsh reality in this world. One place where it happens with alarming frequency is on the road, the streets. Eve teasing is misbehavior in youth. It’s a form of sexual assault and ranges from sexually indicative remarks, catcalls, brushing in public places to totally checking you out.
Many men say that women themselves are inviting eve teasers. The way a woman dresses up is one of the main reasons for them to fall prey to eve teasers. “I say women are to be blamed. They dress appropriately, and men will respect them,” says Tenzin, a tourism council employee. Men say eve teasing can be avoided by wearing conservative clothing, though eve teasing has been reported both by women who wear short skirts and conservative dresses. Because of this, some women have resorted to carrying sprays and pen knives. “My family finds it bizarre when I tell them I carry a pen knife whenever I’m out with my friends. I use it for many purposes – to cut a fruit or to open a canned food. But I also intend to use it to defend myself,” said a 26-year-old private employee.
Karma Deki, 22, a graduate from India sai
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