By
Parul, III year of B.A.,LL.B, from Banasthali vidyapith university Rajasthan
Abstract:
Eve teasing: a very common practice in a country like India. Women have to face this problem every time! But most of the women are not aware of its legal aspect. They don’t know that it is a serious offense that is punishable under the Indian penal code.
In this research paper, I had initiated first by introducing what is Eve-teasing, where it is punishable, how to solve it?
This research paper is an endeavor to make every woman know about this grave offense which is: ‘Eve teasing'. This paper attempts to make women know about this activity! Attempt is to make them aware of their rights!
The paper first attempts to describe what is Eve teasing, it’s an introduction, and then it’s the effect.
Keywords: ‘Indian penal code‘, Eve teasing, violence, serious problem
Introduction:
Indian Penal code had from time to time protected women by amending its provisions and sections.
Women from ancient times have to face violence in one way or other. Many wrongs have been committed against women of all ages.
Development and modification is seen in all fields but no change has come in the attitude of man. No change is seen in the conservative patriarchal thinking.
Eve teasing is a very common and typical crime which can be found in every nook and corner of the world. This is a problem which is growing these days. There would be hardly only one place in the world in which you would not find this evil act.
Eve teasing is a fast-growing problem which is faced by women of India. It is a very Brutal problem. Women on an everyday basis have to face the problem of Eve teasing at one place or other.
Eve teasing: an lawful act:
Eve teasing is harm to a woman! It’s a harm to the dignity of a woman.
It’s a mild form of sexual harassment.
Eve teasing: Violation of women basic right to live life with dignity:
Every day, hundreds and thousands of girls have to face this ridiculous act of Eve teasing. Even reading is a violation of women's right to live with dignity.
Eve teasing is not only a violation of women's right to live with dignity, but in fact it is also a violation of her freedom to live.
All these evil acts actually serve as a hurdle in women's enjoyment. They are a violation of women human rights. Immoral acts such as Eve teasing encroach upon a woman's right to privacy.
Aspects of Eve teasing:
Eve teasing can be caused by nasty touch, dreadful words, mockery, by passing awry comments or any type of offensive comments.
There are many forms of teasing. It can be verbal or non-verbal. Non-verbal can be in the form if clapping, commenting, touching, shouting, starting, whistling etc.
Who are the scapegoats of even teasing?
It is mainly girls who are the targets of Eve teasing.
Not only young college girls but old women too are its victim.
Don’t compare the term ‘Eve teasing’ with its effects!:
By a mere reading, one may conclude the term ‘Eve teasing’ is very lightly! But this has many enormous effects which no one can imagine.
It is a very grave offense, and it can have very tremendous consequences.
Nature ofence:
Eve teasing is a cognizable and Non-compoundable offence.
A cognizable offence is one in which the police has the authority to attend the person even without a warrant.
Even teasing: A civil wrong:
Eve teasing is civil wrong. In such acts, injury is caused to the victim.
Eve teasing is an infringement of a woman's right to privacy. Eve teasing is an immoral act.
Hard reality about Eve teasing:
It’s a hard and disgraceful fact of India that there will be hardly some girls who have not faced this evil act.
Eve teasing is a very disgusting act which has now become a part and parcel of a women life in today’s modern term.
Indian constitution:
Our Indian constitution believes in the principle of ‘Gender equality'. Our constitution by its provisions empower women.Article 21 of the Indian Constitution says about life and liberty. But acts like Eve teasing is a clear violation of article 21.
Acts like eve teasing is an infringement of women's privacy. It’s an infringement of her dignity, her self-respect, her everything.
Legal provisions related to even Teasing:
Though the exact ‘Eve teasing' term is not being defined in the Indian penal code, there are some similar provisions.
Often one has a perception in their mind that since the act is not defined, it won’t be punished!
But in reality, it is not so! Though the exact term ‘Eve teasing' is not defined in the Indian penal code. There are some provisions which directly deal with them.
There is a particular chapter which comprise of all the crimes against women.
Section 298 A:
In section 298 A of Indian penal law, any man who makes a women a target for commenting nasty words or for any type of recitation will be punished for 3 months.
Section 509 Of Indian penal code:
Section 509 of Indian penal code embodies that any person who tends to harm the modesty of women by uttering any word or by any gesture or sound tend to provide harm to the women shall be punished for one year.
In a recent incident in the Banaras Hindu University, one ever teasing case came before the university. When the girl complained it to the warden. Warden was of the view that ‘they just touched you, there was nothing so serious'!
Case law: Deputy Inspector General of Police and Anr vs. A Samuthiram:
In this case, it was held that Eve teasing is against the constitutional mandate. In this article 21 is violated because women us not respected, her dignity is affected adversely. This is a violation of article 14 and article 15 as there is sex-based discrimination.
Main factor behind this cause of Eve teasing:
It’s man!
They are the perpetrators. They are the one to discriminate against women. They are the reason for a woman's agony. It is a man who considers woman as an ‘object of pleasure'. This is the major reason for the cause of Eve teasing.
Man usually has a habit of irritating women. They have a habit of insulting them.
This is all because of the Backwardness of India. It’s all because of the male dominated structure of the society. Because only a man can do work, only he can get success.
Despite the fact that women have touched the sky with their success, there is still no improvement in the mindset of people.
Causes of even teasing:
Gender discrimination is the main reason.
Main reason is the lack of education among the young generation.
Lack of moral education
Men attitude towards women
Devastation of social values
Lack of implementation of acts
No rigorous punishment
Man attitude of thinking towards women
Lack of enforcement of law
Lack of knowledge among women for their rights
No proper and strict implementation of law
Behaviour of society
Low women empowerment
Since the ancient time, man has been treating women as inferior to them. This is why women have less domination of man, and it is only a man who dominates women. This situation is in backward patriarchal societies.
The reason why such acts are on a hike is that people don’t take them seriously. They are not even considered violent acts.
Dr. B.R Ambedkar once said in a statement that the progress of a nation can be determined by the status of women.
This is because a nation progress is directly linked to the progress of a nation.
So, according to the scenario going on in India, we can conclude that why India is still not developed.
‘Victim blaming and women enticing man:
These are some common phrases which a women has to come across if she raises her voice. This is because in countries like India it is only the victim who will be blamed!
It is only women who will be held responsible for all the acts!
Obscene Cinema and films:
It is one of the major reasons. Our young generations are greatly influenced by films. But there are some films which encourage eve teasing. In these films, eve teasing is a normal activity.
Young boys, in order to follow and copy them, engage in these evil acts.
Justifications why women don’t retaliate to man!
But has anyone ever thought why women don’t retaliate?
Why they don’t stand up against the injustice done to them. The reasons are:
Fear from offender
They feel ashamed and apologetic because ultimately all will blame them.
These are some reasons why women even don’t seek the help of police.
Ignorance is not the solution!
A change in the mindset is needed to understand the gravity of the offence.
Man often eve tease for their pleasure. They get very happy. Attitude in their mind is such that they enjoy when someone is feeling bad.
Recommendations to solve this issue:
Its time to amplify our women.
Women should come forward to complain about such an act.
Making it non-bailable is the best way to curb this issue. Everyone knows that currently the act is an available one. So it’s very easy for anyone to come out of jail. Making it Non-available will be a big step to cope with this issue.
Punishment for Eve teasing should be enhanced.
Strict punishment for perpetrators are expected.
Need is to make an independent section for Eve teasing to give it a recognition.
Women should always carry some weapon with them.
Every women should learn self-defence. Because in the current scenario, self-defence is the best possible solution for them.
They should be alert all the time. Keeping an eye on all unprecedented acts is the best way.
Need is to have some strict laws.
By providing value and ethics education, this evil can be curtailed to some extent.
Women's safety is a matter of concern. Only framing laws will not be sufficient enough.
The main issue is the patriarchy system. The concern is the traditional patriarchal system, the upbringing of man! Upbringing does matters!
Everyone knows that in India there is a huge difference in the upbringing of a boy and a girl.
It needs to be changed to improve the situation.
Our country is known for strong laws but lack of implementation.
What needs to be done?
Acts like Eve teasing should be considered a grave one.
Need is to empower women so that they can come forward to raise their voice against such issues.
A need is there to enact a uniform act which consist of all acts. Acts like Eve teasing should be given importance too. These acts are no less than rape.
Conclusion:
Steady, we are busy in taking action against the big issues that we forget to address small acts.
Women should not remain silent. In fact, they should come forward to report these kinds of acts. They should come forward to report these kinds of cases so that the person who teases them gets punished.
Because once they start tolerating it, there is no going back!
And this would rigorously stimulate the person to do more of such acts.
Such acts are very disgraceful in countries like India where women are treated as gods. These evil acts are really unjust. Man should start treating women equal. They should start respecting them.
Jawaharlal Nehru once said that 'to awaken people, the need is to first awaken women'! Because they got to know about their rights, they will never sacrifice!
Reference