Anaya Nolan
The #MeToo movement in India was sparked by actress Tanushree Dutta's allegations of sexual harassment against actor Nana Patekar in October 2018. The movement, which began on social media, saw women across the country sharing their stories of abuse and harassment by men in positions of power. While the movement led to new scrutiny of high-profile male figures and some resignations, it largely excluded women from the informal sector, where 95% of women are employed. Despite the existence of laws against sexual harassment in India, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (also known as the POSH Act), there is poor enforcement and a lack of awareness about the law. This has resulted in a low reporting rate of sexual harassment cases, especially in the informal sector. The #MeToo movement in India has brought renewed attention to the issue of sexual harassment and the need for better enforcement of existing laws and policies to protect women in the workplace.
| Characteristics | Values |
|---|---|
| Year of Implementation | 2013 |
| Name of the Act | Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
| Commonly Known As | POSH Act |
| Time Limit for Filing Complaints | 3 months (90 days) from the incident of sexual harassment |
| Time Extension | The Internal Complaints Committee can extend the date by 3 months if a genuine reason for the delay in filing the complaint is provided |
| Awareness of Local Committees | Very Little |
| Implementation in Informal Sector | Failed |
| Infrastructure and Resources | Lacking |
| Awareness about the Law | Lacking |
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What You'll Learn
The #MeToo movement in India
However, the movement has also faced criticism. There has been scrutiny over unverified allegations spreading on social media, with some victims claiming they faced negative consequences when trying to pursue action. Additionally, there has been a slow progress in holding perpetrators accountable, with many cases entangled in legal battles. Despite these challenges, the #MeToo movement in India has paved the way for discussions and reforms regarding workplace safety and harassment laws, including amendments to the POSH Act to expand the definition of sexual harassment and enhance protections for complainants.
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Poor enforcement of sexual harassment laws
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a legislative act in India that aims to protect women from sexual harassment at work. Despite this, India's #MeToo movement has exposed the poor enforcement of the country's sexual harassment laws. The movement, which began in October 2017, centred on women in English-speaking media and the entertainment business, who used social media to publicise accounts of workplace sexual harassment.
The #MeToo movement in India has led to public scrutiny of high-profile male figures and legal action. However, it has largely excluded women from the informal sector, where 95% of women are employed. Women in these sectors, such as factory, domestic, and construction workers, face daily sexual harassment and assault. The normalisation of sexual harassment in these workplaces means that women are expected to accept it as trivial.
The Indian government has been criticised for its poor enforcement of sexual harassment laws, with women's rights activists calling for urgent action to address sexual harassment in the workplace. The Sexual Harassment at Work Law, for example, is poorly enforced, and the government has failed to ratify the ILO Violence and Harassment Convention. The implementation of the law has failed in the informal sector, where most women are employed. There is a lack of awareness about the Local Committees that handle sexual harassment complaints, and even if workers are aware of them, access is difficult. These committees also lack the necessary infrastructure and resources to operate effectively.
The Sexual Harassment of Women at Workplace Act, 2013, mandates that employers set up grievance committees to investigate complaints of sexual harassment. However, most Indian employers have failed to comply with this law, despite the legal requirement for workplaces with more than 10 employees to implement it. The government can order an officer to inspect workplaces and records related to sexual harassment, and employers who fail to comply can be fined up to 50,000 rupees. Despite these provisions, the law has been poorly enforced, with women facing barriers such as the burden of proof and the fear of reprisals, stigma, and doubt about their character.
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Lack of awareness about Local Committees
The #MeToo movement in India has brought to light the pervasive problem of sexual harassment and abuse in the country. However, the movement has primarily comprised a relatively small group of people, as various barriers prevent many from speaking out. One significant challenge is the lack of awareness and utilisation of Local Committees (LCs) established to address sexual harassment.
Local Committees are meant to provide a mechanism for individuals, particularly those in the informal sector, to report sexual harassment. In establishments where an Internal Committee (IC) is not present due to having fewer than ten employees, or if the complaint is against the employer, or for women in the informal sector, a Local Committee is meant to be formed by the state government's district officer or collector at the district and block levels.
However, a study by the Martha Farrell Foundation and the Society for Participatory Research in Asia found that many districts had failed to establish these Local Committees or constitute them in accordance with legal provisions. Even when Local Committees existed, information about their names and locations was difficult to find. This lack of transparency hinders their accessibility and utilisation.
Furthermore, there is a lack of awareness among committee members regarding their roles and responsibilities in handling sexual harassment complaints. Rights activists emphasise that even if individuals know about the Local Committees, accessing them is challenging. Anagha Sarpotdar, chairperson of the Mumbai City District Local Committee, highlighted the limited number of complaints received by her committee, all originating from the formal sector. This indicates that individuals in the informal sector, where 95% of women are employed, are not utilising these committees.
The Indian government has been urged to take urgent action to address sexual harassment in the workplace. This includes fully enforcing the Sexual Harassment at Work Law and improving awareness, infrastructure, and resources for Local Committees. The movement in India has primarily been driven through social media, which has excluded women in the informal sector. As a result, the experiences of women working in factories, domestic work, and construction have largely been absent from the narrative.
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Workplace sexual harassment
India's #MeToo movement has brought to light several cases of workplace sexual harassment. However, the movement has largely been led on social media, excluding women from the informal sector, where 95% of women are employed.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. The Act came into force on 9 December 2013. It superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court of India. The POSH Act mandates that workplaces with more than 10 employees must implement it. However, it has been reported that very few Indian employers are compliant with this statute.
The Act allows the government to order an officer to inspect workplaces and records related to sexual harassment in any organisation. Employers and local authorities must set up grievance committees to investigate all complaints. Employers who fail to do so can be fined up to 50,000 rupees. The Criminal Law (Amendment) Act, 2013, added Section 354 A to the Indian Penal Code, defining sexual harassment offences and the penalties for those crimes.
Despite the existence of this legislation, there is a lack of awareness and training regarding sexual harassment laws in India. Women in the informal sector are often scared to speak out due to stigma or fear of reprisals. The implementation of the law has failed in the informal sector, with very little awareness about the Local Committees that are supposed to handle sexual harassment complaints.
The #MeToo movement in India has led to new public scrutiny of high-profile male figures, resulting in some resignations and legal action. However, there is still a long way to go in addressing sexual harassment in the workplace and ensuring that all women, regardless of their sector of employment, feel safe and empowered to speak out.
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Social media's role in the movement
Social media played a crucial role in India's Me Too movement, which differed significantly from the movement in the United States. In India, social media platforms like Twitter and Facebook served as safe spaces for women to share their stories of sexual harassment and abuse. These platforms enabled a "'naming and shaming' culture, with accusations made publicly against alleged perpetrators. This contrasted with the US movement, where initial allegations were published in respected national media outlets.
The use of hashtags, particularly #MeToo, helped to spread the movement virally across social media platforms. This hashtag activism raised awareness, demonstrated the magnitude of the problem, and empowered survivors by showing they were not alone. The movement gained momentum in India, with victims regularly outing their abusers and major media outlets covering the campaign as a topic of importance.
However, social media also presented limitations and challenges within the Indian context. Scholar Shamika Dixit coined the term "imagined constraints" to describe how social media platforms could discourage participation due to fears of familial judgment, social stigma, and emotional labour. Additionally, critics of the movement in India argued that the public nature of social media accusations denied the accused a proper chance to defend themselves, leading to concerns about mob mentality.
Despite these challenges, social media's impact extended beyond the virtual realm. The movement encouraged offline conversations about sexual harassment and abuse, with increasing instances of companies reviewing policies and complying with India's sexual harassment laws. The campaign also intersected with feminist activism in India, sparking debates about female sexual agency, violence against women, and restrictions on women's mobility.
Overall, social media was instrumental in amplifying the voices of survivors, challenging power structures, and pushing for social and legal change in India. It provided a platform for individuals to share their stories, connect with others, and collectively demand justice and accountability.
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Frequently asked questions
India's Me Too movement is a part of the international Me Too movement against sexual assault and harassment. It started in October 2018 when actress Tanushree Dutta accused actor Nana Patekar of sexual harassment.
In the US, the allegations against Harvey Weinstein were investigated by reliable sources. In India, accusations emerged on social media, where women posted their grievances. Additionally, laws against defamation in India allow the prosecution of women who are unable to prove their allegations, with a maximum jail term of two years.
The Me Too movement in India has led to new public scrutiny of high-profile male figures and resulted in some resignations and legal action. However, the movement has excluded women from the informal sector, where 95% of women are employed.
The POSH Act, or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, allows a complaint of sexual harassment at the workplace to be filed by an aggrieved woman to the Internal Complaints Committee within 3 months (90 days) from the incident.
The movement in India has faced challenges such as poverty and stigma, which prevent women from speaking out. Additionally, there is a lack of awareness and training on the sexual harassment law, and the POSH Act does not cover anonymous complaints or complaints older than 3 months.
