Laws Against Harassment Of Men In India
Introduction
No matter your age, sexual orientation, or gender identity, sexual violence can happen to anyone. The majority of rape and harassment incidents involve females, and laws are specifically designed to protect female victims of these crimes.
Because there are variations in beliefs, ideas, information, and the social contexts of individuals and groups, illuminating sexual harassment is a complex task. A person’s understanding of sexual harassment is shaped by a variety of societal circumstances, including their religion, level of education, and previous exposure to the practice. The investigation of a person’s malleability in expressing sexual harassment behaviors is likewise quite awkward. Specific types of sexual harassment, such as rape at work, sexual harassment in the workplace, intimate questions of a sexual nature, vulgar language, and any unwanted advances might be key components in the public definition of sexual harassment. The most important thing to keep in mind is that sexual harassment can happen anywhere—at a school, a workplace, a house, a university, a coaching facility, or any other location—and that both the victim and the harasser can be of any gender. Additionally, as a result of the Internet, there has been a rise in online sexual harassment.
Access To Justice In India : Sexual Harassment Of Men
In 2014, 25% of women and 13% of men between the ages of 18 and 24 reported having experienced sexual harassment online, according to PEW research findings. The statistics of harassment against men cannot be disregarded. There are numerous laws and rules that apply to the sexual harassment of women in India. However, we also cannot disregard the sexual harassment of men. A “right to equality” exists in India under Article 14 of the Indian Constitution. If legislation primarily emphasizes issues relating to women and ignores issues relating to men, then this right is being violated. So, there must be ‘equal access to justice in the case of both men and women.
This article would deal exclusively with female-on-male rape and sexual harassment. The researcher would look into instances of sexual harassment involving guys in various settings. The analysis would then go on to address case law as well as the necessity of gender neutralizing sexual harassment and rape statutes. The author ends the email by offering his recommendations for combating the threat of sexual harassment against men.
Sexual Harassment Of Men At Different Whereabouts
No matter your age, sexual orientation, or gender identity, sexual violence can happen to anyone. The majority of rape and harassment incidents involve females, and laws are specifically designed to protect female victims of these crimes. However, this does not imply that men are immune to the sin of rape or sexual harassment. Today, one in ten cases of irritation affects men as well. Despite sharing many of the same emotions as other survivors of sexual assault, men and boys who have been sexually harassed face much more obstacles due to “social scorn” and “stereotypes” about men’s manhood. The rate of sexual harassment against men is skyrocketing. Males today are primarily affected by this ill on the job. Most workplace harassment is perpetrated by male coworkers or female employers. This is one of the darkest battles of them all. At work, female managers have been known to shout at and humiliate male co-workers in front of their peers while also asking them to raise their shirts and display their muscles. These types of punishments encourage male coworkers to become sexual assault and harassment victims.
Roberta Chinsky Matuson claims Many people incorrectly think that harassment just affects women. Additionally, the abusers of the victims employ various forms of emotional coercion as well as physical and psychological violence. Male employees are occasionally subjected to mental abuse at work in order to keep their jobs. Males who need jobs and have no other options must accept sexual advances from ladies or male coworkers even when they don’t want to. However, these violent incidents not only physically harm the victim’s body but also damage his soul. Rape, which can occur between males or between males and females, is another form of sexual harassment that occurs in the workplace. Men have been known to be raped by men as a form of fear in battle. Male rape, therefore, occurs frequently not only at companies or businesses but also in jails, schools, coaching centers, and occasionally even at homes. But these rape cases go unreported since there is no legislation or statute covering them. A murderer kills the body, but a rapist destroys the soul, according to Justice Krishna Iyer.
Harassment Based On The Misuse Of Section 498A
Segregation based on sexual orientation is skewed towards men. The subject of significant discussion has specifically been Section 498A, the statute that forbids remorselessness against women by a spouse and his family. Men’s rights campaigners, such as the Spare the Family organisation in India, claim that women regularly violate the law. The observational analysis did not establish any unbalanced abuse of Section 498A when compared to other criminal statutes, according to a 2012 report on Section 498A from the Government of India. Although a case of abuse of Section 498A was not established, more recently the Supreme Court issued directives requiring that any complaint received by the police under Section 498A be reported to a Family Welfare Committee before the police can apprehend the offender. Even more astounding, the law only provides relief for women. In India, men cannot benefit from a similar legal remedy to protect themselves against abusive behaviour at home from either men or women. Even a simple request to have a male or female attacker avoid a man (a limitation or insurance request) is not now covered by the law for men.
In 2016, the supreme court itself ordered the removal of this division. The court of Justices Kurian Joseph and Rohinton F. Nariman ruled on October 6, 2016 (Thursday), that this arrangement dissatisfied the intent of the law because women can also be the perpetrators and enablers of violent behaviour at home. The violent behaviour at home act has eliminated the terms “grown-up male” or “adult male.”
Pushkar Singh, a 30-year-old resident of Jankipuram Sector C in Lucknow (Uttar Pradesh), committed suicide as a result of his wife’s abuse. He claimed in his letter before taking his own life that I was imprisoned as a result of Vinita and her family filing a false dowry case against me and demanding Rs 14 lakh in restitution. My father and I had never experienced such a significant amount. In order to fight the case, we even sold our home. He continued, “I also want to ask Vinita not to bother my family in the future.” I made a mistake in marrying her, and I’m atoning for it by laying down my life.
Who Will Protect Men From Sexual Harrassment
Who will defend males from sexual harassment is the real issue that has to be addressed. The laws in India only address female rape and sexual harassment. There is no law or statute protecting men from the rape and harassment that is committed with bloodlust. Only Section 377 of the Indian Penal Code addresses “sodomy” in terms of Indian law. All other laws and provisions, with the exception of this one, are exclusively for women. We can claim that access to justice is unjust. When we discuss India, we see that the rights of the populace are highly valued, so why is the “Right to Equality” being violated? Equal rights and treatment of men and women are discussed in our Indian legal system, society, and laws. However, sadly these flaws plus the failure to pass any legislation against rape, sexual assault, or harassment demonstrate blatant violations of the “Right to equality.”
Because male workplace suicides are four times more common than female workplace suicides, sexual harassment of males requires a greater level of commitment than any other crime or concern. Throughout 77 nations around the world, including the U.K., Denmark, Australia, the U.S., and many others, have embraced gender-neutral laws. Unbelievably, however, the Indian Parliament has consistently rejected attempts to make laws against sexual harassment in India gender-neutral. Prisons are where this issue of sexual harassment of men occurs more frequently. According to G Pramod Kumar, When a young kid enters Tihar, it has been reported that the prisoners offer a price for the boy, according to the People’s Union of Civil Liberties. The price is expressed as “bidis,” “soap,” or “charas.” Prisoners are frequently segregated into camps, and the factions fight over who gets to take the new arrival.
Therefore, it is very important to make India’s laws against rape and sexual harassment gender-neutral without any need for additional debate or uncertainty. There must be equitable “access to justice” in India for this to happen. The people in our culture must also change and adapt, and they must abandon the notions that men are strong and impervious to rape or that they can defend themselves in the event of adversity. Additionally, if you think that “guys cannot be raped,” you should keep in mind that “women can rape.” Any individual, at any age and location, may experience sexual harassment. The phrase “any individual” in this context emphasizes the fact that women are frequently everything but calm, collected, and gentle. They occasionally employ harsh tactics and do harass males, especially at work where harassment by female supervisors is on the rise at the moment. The phrase “any individual” in this context emphasizes the fact that women are frequently everything but calm, collected, and gentle. They occasionally employ harsh tactics and do harass males, especially at work where harassment by female supervisors is on the rise at the moment.
Putting Forth Suggestions To Make Sexual Harassment Laws Neutral In India
- It is difficult to dismiss the need to protect men from this cruel crime when there are so many voices asking for it, paving the way for effective legislation to be passed. Even if we acknowledge that harassment isn’t always a one-way street, it’s crucial to keep in mind that the majority of traffic moves in one direction, meaning that the majority of people notice harassment of women. Male sexual harassment is a problem that needs to be brought up in society, in government, etc. so that others may hear and understand what a man is saying. For both men and women, there is a demand for “equal access to justice.” For this, the government and lawmakers must create laws that protect men from various forms of harassment, assault, or rape in diverse settings. The key sector, which needs to be taken care of, is sexual harassment at workplaces. Additionally, there is a need to educate and raise awareness of this harassment among students and young people. In order to avoid pressure and mental anguish in the event that they commit such behavior, they will be able to approach any authority figure or elder person.
Conclusion
- The “Sexual Harassment at Workplace Bill, 2012” should be applied to the men as soon as possible. In order to protect against harassment of men, special sections of the Indian Penal Code should be added. Since there is just one section of the Indian Penal Code that deals with sodomy. Also, the need of the hour is to change the mentality of the people of Indian society who believe that a guy is not designed to cry and only a woman cries. This is entirely false because everyone who has a heart and a soul also has respect for themselves and their own dignity, feelings, and self-confidence. The soul is attacked by acts of harassment, and it makes no difference whether the soul belongs to a man or a woman; harassment kills the soul and forces a person into a state where they start to feel worthless. Additionally, it is crucial to remember that harassment of any human is unacceptable because males and females are secondary to the fact that we are all human beings. Because it is such terrible conduct, both the male and female perpetrators must face the same legal consequences. Because of this, it doesn’t matter whether harassment of women requires more attention than that of men. Therefore, the only reason I am raising this issue is to call for legislation that would provide “equal access to justice in India” and grant male victims the same rights as female victims. Imagine a bold plan for a future without discrimination, in which women and men are equal partners in forming their communities and lives, as Nicole Kidman properly put it. Let’s visualize it!
Top 13 Facts About Laws Against Harassment Of Men
Act 13 of 2013 s. 10 states that disturbing a man’s modesty “will be penalized with simple imprisonment for a time which may extend to one year, or with fine, or with both.”
There are no laws or statutes to shield males from the heinous act of rape or sexual harassment. The sole section of the Indian Penal Code, 1860 discusses “sodomy” in Section 377.
Organizations might start by gender-neutralizing their Prevention of Sexual Harassment (POSH) Policy. This makes it possible for anyone to report sexual harassment at work. Even while the POSH Act isn’t gender neutral in and of itself, this doesn’t mean that an organization can’t have a gender-neutral POSH policy.
The husband is permitted to initiate the divorce process with or without the other party’s approval. The grounds for filing for the latter are still the same as for a wife. These include abuse, abandonment, adultery, conversion, illness, mental illness, renunciation, and the assumption of death.
Harassment may also affect guys. Many of us believe that it is a misconception that males may be harassed since they are typically the ones who harass women.
As a result of social conventions that assert that sexual harassment is not a masculine issue, males are hesitant to report the crime or come forward. Due to women’s abuse of sexual harassment legislation and the filing of fictitious accusations, men are likewise afraid to file complaints.
It is important to raise awareness of sexual harassment in the workplace on an equitable basis, which can only be done if we understand that women are not the only ones who experience sexual assault. We cannot disregard the sexual harassment of men, and all genders must have equal access to the legal system.
Since everyone has the right to live without harassment, regardless of gender, rules that guarantee males the same protection as women are necessary. Because sexual offences are severe crimes that need to be avoided, we must develop an environment free from gender prejudice.
Only if males are also granted equal rights and remedies will this be achievable. Stopping workplace sexual harassment and enacting legislation that applies equally to everyone, whether they are transgender, male, or female, are urgent needs.
While India passed the Sexual Harassment of Women at Workplace Act, 2013, which recognized workplace sexual harassment for women eight years ago, the country needs to recognize the legal uncertainty and update the Act by including harassment of Men.
Only Section 377 of the Indian Penal Code, which discusses Unnatural Offenses, makes reference to men. Anyone who voluntarily engages in sexual activity with another person or animal against the laws of nature is punishable by a term of life in jail or by a period of imprisonment of either kind that may last up to 10 years, as well as by a fine.
Men who mustered the fortitude to come forward and speak out against the unfair things that happened to them may be found in movements like #meetoo and #timesup, which serve as excellent models. As a result of campaigns like these, there has been an 18% increase in the number of males reporting incidents of workplace sexual harassment, according to statistics.
19% of the 527 males polled in many major cities throughout the nation for the Economic Times Synovate survey reported they had experienced sexual harassment. The study found that 51% of the 527 males who participated in it in numerous major cities across the nation said they had experienced sexual harassment at work.
Tanisha Srivastava
Writer
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