AWARE BUT UNAWARE

Imagine a situation where a person has been given tools and machines to run a factory. However, none of the workers know they exist or how to use them. This is the problem that currently plagues the society.

The government has established many laws and acts, however, it can only benefit us when we exercise those rights and allow authorities to enforce them by filling complaints.

The unfortunate situation in our country is that cases of minor harassment and cyber harassment go unreported – either due to ignorance or lack of safe methods of reporting. This only proves to promote the narrative that these criminals can go unpunished.

As awareness about our rights and laws increases, women are standing up for their freedom. However, often we miss the scope of these rights and how pervasive this ignorance is among the present generation.

The following are a few laws and redressal mechanisms that you may not be aware of:

1) Cyber Harassment

Cyber harassment includes any online communication that involves verbal abuse, defamation or threats to do so, intimidation, voyeurism, sexually coloured remark, morphing pictures and stalking(with or without their knowledge.

Essentially, any attempt to insult a women’s modesty online is included in cyber harassment. This is something many women encounter, whether it be an annoying male on instagram or an insulting comment on facebook. The point to be emphasised is the criminal nature of these acts. Many of these acts can be reported and lead to two to three years of imprisonment of the perpetrator. The online arena is no longer a place where women must be afraid to post pictures and express views as it is no longer a place where men can hide behind their laptops and phones.

Cyber crimes do not have jurisdiction and hence any police station can be approached. However there are various other forms of redressal. Cyber cells have been established in various locations to act as the investigation department for specifically cyber crimes. A complaint can be submitted to this organisation if a website is ignoring basic safety facilities like reporting, privacy, etc.

2) Stalking

Stalking is physical or electronic communication via phone calls, text messages, or emails despite the explicit expression of disinterest by the women. This is more than just a man following you around.

Any kind of act in this form which disturbs a women’s mental peace can be reported.

Women are afraid to venture out in public transport and walk in local areas in fear of getting unwanted attention. This act is not something that must simply ignored or habituated. Even minor stalking which makes a women feel uncomfortable can be reported and action should be taken.

Even if the woman is not comfortable approaching a police station, she may file a complaint online to the National Commission for women(NCW). The NCW will then further take up this investigation with the police. In serious cases, an inquiry committee is formed to investigate the case.

3) Sexual Harassment

Sexual harassment has a larger scope than most people believe. Unwanted physical contact, catcalling, and singing lewd songs in public places are commonly excused forms of sexual harassment which can be punished by a minimum of 3 months imprisonment upto a year.

The above given remedy for stalking is also applicable for sexual harassment.

4) Workplace

Laws regarding workplace safety are comprehensive, however less implemented in Indian companies. Any company with more than 10 employees must have a complaints committee in accordance with the ​Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH. Another lesser known facility is that of the SHe-box or Sexual Harassment Electronic Box which is an online platform to file complaints regarding harassment in workplaces. According to POSH, regular workshops must take place to describe the rights of women and appropriate workplace behaviour.

The issue of lack of awareness regarding the laws in our country is prevalent. However, the lack of awareness regarding the forms in which a person can complain regarding these individual issues is alarming.

A basic form of complaint is in the form an FIR. This involves approaching the local police station and submitting a verbal complaint. This verbal complaint must be recorded by a police officer and engaged with in a minimum of 90 hours. If the police officer refuses to record the FIR, the superintendent can also be approached. A private complaint to the court with jurisdiction can be submitted as well. This is a solution to casual and irresponsible police officers.

However, a commonly presented problem is the safety of the women approaching police officer. Moreover, people shirk from filing complaint due to the time commitment and uncooperativeness of the police. A remedy for this problem is that citizens can file minor crimes on online portals. In Delhi, this facility can be used. The person may be later called for clarification and their statements. However, very few other states have adopted this facility. An FIR’s status can also be checked online.

On the flip slide, many a times these laws are vague and have loopholes which perpetrators exploit. The grey areas in law reduce women’s faith in the system. Moreover, the tedious process involved in receiving justice often makes the cost greater than the benefit.

But what must be noted is that redressal and awareness is about more than a simple punishment. It is about the culture of letting unacceptable behaviour slide. If women want

to change the culture and make it clear that “It is NOT okay” then we must learn about and demand redressal.

Women have the right to have peace of mind and comfort as citizens of this country. Women have rights not because they are women. They are given rights because as humans they have the right to have the same freedom as everyone else.

Josika Mahindru