RIZVI LAW COLLEGE, BANDRA
ARTICLE WRITING
TOPIC: - PUBLIC SEXUAL IMPROPRIETY – A
SOCIO-LEGAL STUDY
AUTHORED BY: - VIPUL KATIGAR
CLASS: – 4TH YEAR / B.L.S. / L.L.B.
SEAT NO.: - 7033
ABSTRACT
Women face violence, cruelty and harassment on a regular basis. Various laws are in place in
India to protect women from these crimes. However, until now, there is no specific law, rule
or regulation to penalize those who engage in ‘sexual harassment against women.’ Public
Sexual Impropriety is widespread in our society, criminals are not punished and this kind of
harassment continues. This form of sexual exploitation of women and privacy just because of
their gender is becoming increasingly difficult and complex to control. These crimes do not
only occur in certain places, in certain situations or at certain times of day. The aim of this
research study is to highlight the fact that women and girls who experience even the slightest
form of abuse are forced to lose their childhood innocence, endure it and suffer in silence.
The concept of ‘sexual harassment’ against women is still unknown in India. Therefore, this
socio-legal study has been conducted to provide data from various stakeholders, including
those who are victims of sexual harassment, law enforcement authorities. Women have been
robbed of the chance to create their own identity. From a young age, they come to define
themselves based on how their parents view them. It's a cycle that's been going on for
generations. Here in India, the constant pressure of vulnerability and stereotypes has kept her
from growing up to her full potential. A lot of women are not able to contribute to the
economy and society.
INTRODUCTION
A lot of crimes aren't obvious. They can be called invisible crimes. For example, a woman is
on a crowded bus, and a man touches her inappropriately when the bus driver applies the
brakes. The victim doesn't know if she was attacked or if it was just an accident. There's no
physical evidence of assault, no criminal activity, and it's done quickly and casually, so there's
no way anyone could have seen it. Women and girls get whistled at, made to make obscene
gestures, told degrading songs, looked at, and other indecent things when they step out of
their homes. These kinds of crimes are complicated and difficult to deal with. In this state of
lawlessness, what's being asked of the woman is not just to put some space between the world
and her body, but between the body and the woman who inhabits it. Instead of showing her
femininity to the world, she's forced to be less visible. Acts of violence against women,
regardless of what society thinks of them, should be considered serious crimes. It needs
everyone's attention, understanding, and focus. In this article, we talk about Public Sexual
Impropriety (PSI), the reasons behind these crimes, the effects of PSI, national and
international standards to protect women's dignity, an empirical study on PSI in Goa, and
finally some advice.
CONCEPT OF PUBLIC SEXUAL IMPROPRIETY
When it comes to Public Sexual Impropriety, there are a lot of different types of speech and
behaviour. According to Bowman, women are the main victims, men are the harassers, the
victims don't know the harasser, the victim and the harasser face to face, and the speech is
either verbal or non-verbal. It's usually done in public places like on a pavement, on a bus, at
a bus station, in a taxi stand, or in a public garden. The content of the speech, if any, isn't
meant to be public, it's usually directed at the woman, it's usually demeaning, degrading, and
often threatening.1
It looks like Public Sexual Impropriety has been around since the early 70s, just like
workplace sexual harassment. In 1980, sociologist Carol Brooks Gardner wrote what is
thought to be the first academic study of Public Sexual Impropriety. 2 Basically, public sexual
impropriety is comments that men make to women (especially young women) when they're
not around. Women don't seem to be able to turn it around and do the same to men. It can be
anything from a harmless 'hello baby' to a vulgar suggestion or even a threat. It can also be
whistled, leered at, winked at or pinched.3
PSI stands for " Public Sexual Impropriety," also known as public harassment, "sexual
harassment in public," "stranger harassment" or "sexual violence" according to some
authors.4
1
Cynthia Grant Bowman, Street Harassment and the Informal Ghettoization of Women, 106 HARV. L. REV.
517, (1993).
2
Carol Brooks Gardner, Passing By: Street Remarks, Address Rights, and the Urban Female, 50
SOCIOLOGICAL INQUIRY 328-356, (1980).
3
Elizabeth A Kissling, Street Harassment: The Language of Sexual Terrorism, 2 DISCOURSE & SOCIETY
451-460, (1991).
4
Victoria A. Ferrer-Perez, Carmen Delgado-Alvarez, Andrés Sánchez-Prada, Esperanza Bosch-Fiol and Virginia
Ferreiro-Basurto, Public Sexual Impropriety: Experiences and Attitudes among Young Spanish People, 18 INT.
What is Public Sexual Impropriety? " Public Sexual Impropriety " refers to any form of
physical, verbal, or non-verbal violence "committed against women and girls in public places
by men they do not know."5
FACTORS RESPONSIBLE FOR PSI
It's hard to solve this problem because a few things are working together. First, in public
places, the people involved are unlikely to see each other again, so men can take advantage of
their anonymity. Second, it's only a short-term thing, so it's hard to be found out. Third, it can
be done very quietly, so only the victim and the perpetrator know about it. And lastly, it's easy
to deny the accusations, which can lead to verbal abuse towards the victim.
It's a sad reality that women and girls don't have the same opportunities to feel safe in public.
The fear of sexual harassment escalating into physical contact without warning is an
inescapable reality. The anxiety that comes with this constant fear should never be a part of a
girl's childhood. Older women's tolerance of this kind of behaviour sets the tone for those
younger, who will have to deal with the consequences of their own need to tolerate it and the
systems' relaxed attitude that comes with it. Dark streets, more men than women, big crowds
like during festivals, and not knowing your way around can all contribute to a feeling of
insecurity. But having open shops, listening to your own language, seeing signs, seeing other
women, and having well-lit streets can make a big difference for women when they're out in
public.6
IMPORTANCE OF STUDY
PSI has a tremendous impact on how people view women in society. Women's fundamental
right to life is violated when they are made objects at the price of their ability to enjoy public
spaces. This has an impact on various other rights that are essential to a woman's feeling of
dignity. Being singled out for victimization and targeting based only on one's gender is
horrifyingly unfair, immoral, and dishonourable. However, it is a widespread and persistent
crime that has a growing potential to have unthinkable effects including suicides, oppression,
and murder.7 Massive underreporting and similarly low conviction rates are other depressing
J. ENVIRON RES PUBLIC HEALTH 10375, (2021).
5
Habiba Chafai, Contextualising Public Sexual Impropriety in Morocco: a discriminatory sociocultural
representation of women, 22 THE JOURNAL OF NORTH AFRICAN STUDIES 821- 840, (2017).
6
Chinmayi S. K. & Tania Devaiah, Women and the Streets of Goa – A Pilot Study of safety of women in public
spaces, THE BACHCHAO PROJECT
7
Muhammad Aminul Hoque, Eve teasing in Bangladesh: Causes and Impact on Society, A Study from Islamic
Perspective, 15 THE INTERNATIONAL JOURNAL OF SOCIAL SCIENCES 1 – 11, (2013).
facts. Data from the 2020 NCRB, which was recently released, showed that the trial
conviction rate for crimes against women in Goa was 14.7% and the percentage of cases that
were still pending their resolution.
As opposed to sexual assault, sexual harassment has a broader scope because it doesn't
always require making physical advances, which would only be made by individuals with
criminal intent or those who have been sufficiently aroused by wrath or sexual desire. It has a
larger scope because it is a crime that is allegedly blind to the age of its victims. Children
who attend school are the focus of such despicable behaviour. Targeting women who are
primarily unknown to the accused increases the likelihood of such instances occurring
significantly.
The goal of the study is to quantify the prevalence of PSI in Goa. The authors make the
assumption that the crime is common but that it goes unreported for a variety of reasons. The
authors sought to determine whether strategic choices, such as whether or not to rely on the
police by emphasizing prevention, or to place the attention on the victim by fostering
awareness and assuring ease of reporting, should be made.
However, the authors want the readers to be informed that the State of Goa is thought to be a
safer place for women than other Indian states. It would be pertinent to mention that Goa was
deemed to be the safest state for women in India in 2017 by the Ministry of Women and
Child Development.8 However, it is undeniable that PSI exists in the State of Goa, and it is
important to investigate the detrimental effects it has on women's professional and personal
development.
A pilot study on bullying was conducted in Goa in 2016 and repeated in 2017 run by Safe
Goa in association with Bachchao Project. The results showed that almost 100% of women
experienced harassment on buses the previous day. The Government of Goa announced
recently (January 2021) that they work with 24/7 security and monitoring systems and the
deployment of panic buttons private and publicly owned public transportation systems. The
systems will be integrated with the police government is making it a long-term initiative to
ensure the safety of women. There are two important reasons to start PSI research. They are:
1. Lack research and debate in the field and
8
India Today Web Desk, These are the safest and most dangerous states for women in India, INDIA TODAY,
Nov. 8, 2017. (Accessed on Mar. 24, 2022, 6.30 PM)
https://www.indiatoday.in/lifestyle/buzz-top/story/womenindia-goa-safest-state-goa-gender-vulnerability-index-
delhi-bihar-unsafe-lifest-1081944-2017-11-08
2. Lack of effective and relevant law.
EFFECTS OF PSI
PSI is one of the most complex crimes against women. Most women are under it regardless
of age.9 This is not seen as an attack on women's minds, but rather as the expected behaviour
of men.10 The guilty do their deeds discreetly and with impunity. PSI victims have various
effects, which the authors have discussed in the following paragraphs.
PSYCHOLOGICAL IMPACT ON ADOLESCENTS
The effect of PSI manifests itself in mood swings, loss of freedom and increasing self-
loathing because they could not fight back against the invaders. It's confusing if theirs is
perceptions of themselves and women in general are correct and ultimately experience their
own world through the eyes of a man, giving less of his personal experiences, observations
and insight meaning and reinforce men's perceptions of femininity. Fear of men is one aspect
affects women's ability to trust and form friendships with men. There is also a general attitude
towards haters naked Such experiences also make consensual sex a challenge for them.
Feelings of shame, humiliation, anger and helplessness become permanent and permanent
time can lead to mental health problems.11
Every incident of public sexual impropriety forces a woman to do forced emotional labour. a
feeling easily offended and forced to respond to a stranger who thinks he has a right to him
privacy undermines his right to life. 12 He must look at his situation from several different
perspectives judge his answer carefully. The impact on the victim's social life can be
traumatic. Of course, studies called this phenomenon "social breakdown". Bringing the
victim back enough confidence to maintain social interactions without causing further harm
can be a challenge.
9
Batool Zahoor Qazi, Sexual Harassment Law in India: Thus Far And Further. (Accessed on Mar. 30, 2022)
https://amity.edu/UserFiles/aibs/28a0BATOOL%20ZAHOOR%20QAZI.pdf
10
Chesfeeda Akhtar, Eve teasing as a form of violence against women: A case study of District Srinagar,
Kashmir, 5 (5) INTERNATIONAL JOURNAL OF SOCIOLOGY AND ANTHROPOLOGY, 168-178 (2013).
(Accessed on Mar. 29, 2022 at 8.15 PM)
https://academicjournals.org/journal/IJSA/article-full-text-pdf/133B71E5783
11
Janaki Abraham et. al., Sexual Harassment in Delhi University, GENDER STUDY GROUP, DELHI
UNIVERSITY, (1996). (Accessed on Apr. 2, 2022 at 5.25 PM) http://feministlawarchives.pldindia.org/wp-
content/uploads/dushwp.pdf
12
Fiona Vera-Gray & Liz Kelly, Contested gendered space: public sexual harassment and women’s safety work,
44 (4) INTERNATIONAL JOURNAL OF COMPARATIVE AND APPLIED CRIMINAL JUSTICE, 265- 275,
(2020). (Accessed on Apr. 2, 2022 at 6.40 PM)
https://www.tandfonline.com/doi/full/10.1080/01924036.2020.1732435
IMPACT ON EDUCATION
Cases of harassment with devastating consequences occurred outside women's colleges and
hostels where men deliberately visited them. Sarika Shah, a young student from Chennai, lost
her life when she ventured out of the university gate to a nearby juice shop. 13 Some youths
passing by in an auto-rickshaw threw water on his face and tried to catch him. During the
incident, he lost his balance and fell on the pavement, sustaining a head injury that led to his
death a few days later.14 Visiting educational institutions is an ordinary person. Another very
disturbing reality is that men seem to be under the impression that women living in hostels in
educational institutions are available and open when they are away from their families.
Several studies have shown the prevalence of PSI in universities. In a 2015 study conducted
in Punjab University, the prevalence of sexual harassment on campus roads was 71.53
percent and gender discrimination were 83.79 percent.15
IMPACT ON EVERYDAY LIFE
PSI has a significant impact on women's mobility. Daily activities are modified and adapted
in ways that result in the least exposure to the outside world, especially when
unaccompanied. Reporting is an uncomfortable proposition, and women do not want to relive
their experiences multiple times or face the possibility of secondary victimization by an
unsympathetic police officer. This drastically reduces participation in activities that routinely
affect their lives, such as medical appointments, outdoor activities, leisure, etc.
IMPACT ON TRAUMA SURVIVORS
Another important aspect would be the impact of PSI on women who have experienced
violence, such as survivors of rape, domestic violence or child abuse. Even a single
disrespectful expression can be traumatic. Despite being ten years old, the following reliable
statistics show that the number of sexually abused women is high and growing. The
government's 2011 Rape and Domestic Violence Survey found that one in five women in the
13
14
6 Jayaraj Sivan, Madras HC upholds 5-year RI for 9 killers, MUMBAI MIRROR, Mar. 15, 2018. (Accessed
on Apr. 2, 2022 at 7.10 PM) https://mumbaimirror.indiatimes.com/news/india/madras-hc-upholds-5-year-ri-for-
9- killers/articleshow/15794179.cms
15
7 Sexual harassment peeves Panjab University eves, THE TIMES OF INDIA, Mar. 5, 2015. (Accessed on
Apr. 2, 2022 at 6.55 PM) https://timesofindia.indiatimes.com/city/chandigarh/Sexual-harassment-peeves-
PanjabUniversity-eves/articleshow/4646409
United States has been raped or has experienced an attempt to rape. 16 Women also have to
move because of harassers living in their places of residence.
LAW RELATING TO PROTECTION OF WOMEN IN INDIA
ESPECIALLY FROM THE PERSPECTIVE OF CURBING PSI
This part of the research examines the current position of PSI, the shortcomings and the need
for specific regulations. The Constitution has many provisions that promote gender equality
and uphold the dignity of women. Article 51A(e) 17 of the Fundamental Duties18 of the
Constitution of India states that all citizens must respect the dignity of women. In addition,
according to Article 1419 every citizen, regardless of gender, is equal in the eyes of the law
and everyone is guaranteed equal protection by the law. Art. 15 20 according to the article,
prohibits any gender bias and gives the state the right to take care of women and children in
particular. Article 15(3)21. Such different treatment is protected by the Constitution. The
Constitution, through Articles 2322 and 4223 contains regulations on the prohibition of human
trafficking and maternity support, which ensures humane working conditions and gender
equality.
With the passage of time, many evils against women began to surface, which created an
urgent need to radically change the legal perspective. The need for different personal and
16
Roni Caryn Rabin, Nearly 1 in 5 Women in the U.S Say They Have Been Sexually Assaulted, THE NEW
YORK TIMES, Dec. 14, 2011. (Accessed on Apr. 3, 2022 at 5.10 PM)
https://www.nytimes.com/2011/12/15/health/nearly-1-in-5-women-in-us-survey-report-sexualassault.html?_r=0
17
“Art. 51(A) - Fundamental duties - It shall be the duty of every citizen of India - (e) to promote harmony and
the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the dignity of women.”
18
The Constitution of India p. 36, https://legislative.gov.in/sites/default/files/COI-updated.pdf
19
“Art. 14 - Equality before law - The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.”
20
“Art. 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth - (1) The State
shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of
them.
21
“Art. 15(3) - Nothing in this article shall prevent the State from making any special provision for women and
children.”
22
“Art. 23 - Prohibition of traffic in human beings and forced labour. (1) Traffic in human beings and begar and
other similar forms of forced labour are prohibited, and any contravention of this provision shall be an offence
punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory
service for public purpose, and in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.”
23
“Art. 42 - Provision for just and humane conditions of work and maternity relief - The State shall make
provision for securing just and humane conditions of work and for maternity relief.”
public laws shows that the problem of gender inequality needs much more attention than the
police. PART IV of the Constitution (40-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-
1977)24, it can be seen from the postponement of the basic duties that the mere assumption of
the authors, that the duties are fulfilled responsibly together without mentioning them
separately, was unsuccessful, therefore it was necessary. write the tasks in the constitution.
Historically, radical changes have been made to many laws that protect women after extreme
acts of violence and wrongdoings. In India, bad triggers have become the norm for filling up
legal gaps in both substantive and procedural laws. The first real push for Indian feminism
started with the Bengali Sati Regulation of December 4th, 1829, which was led by Rama
Mohan Roy at the time. In 1972, the Mathura Custial Rape led to widespread protests and the
involvement of women's organizations, which eventually led to the Criminal Law
Amendment Bill of 1983. Almost 40 years later, a gang-rape in December 2012 again woke
up a sleepy government in a grisly way. The whole country was out in the cold in December
2012, and that's when the Criminal Law Amendment Law 2013 was passed.
India has laws to protect women from crime, but they're not the only ones. The Indian Penal
Code, which dates back to 1860, has two sections that are used in sexual harassment cases:
Sec 354A and Sec 509. Sec 50925 is mainly used for verbal harassment in public and private
areas in Goa. It's designed to criminalize verbal and visual abuse, and it uses the words 'act'
and 'privacy' to expand its scope. It also mentions displaying objects and making noises, but
the law only criminalizes it if it has a sexual overtone, and it doesn't specify where or what
it's about. Eve Teasing requires a sexual interest, even if it doesn't mean sexual desire or
being sexually aroused. In its 172nd Report, the Law Commission of India suggested an
increase in the penalty for Sec. 509 from 1 to 3 years, but it was mainly for crimes involving
sexual intent.
This section uses the terms "insult" and "modesty" which are both relative terms. It's
important to note that the word "modesty" is not used correctly in the context of violence
against women, criminal behaviour, and the terms used. We need to take a look at the current
laws and make sure they're clear, focused, consistent, and effective. We also need to be aware
of the potential for misuse by criminals in the public and criminal justice system.
24
The Constitution of India p.36 footnote 3. https://legislative.gov.in/sites/default/files/COI-updated.pdf
25
“Section 509 of IPC, 1860: Word, gesture or act intended to insult the modesty of a woman - Whoever,
intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any
object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term
which may extend to three years and also with fine.”
Women's rights in the home and workplace are now seen as a violation of human rights and
are protected by the law. The Domestic Violence Act 2005 (DVA) is a big step forward for
India from a feminist point of view. It was the first law that broke down the boundaries
between the public and private spheres that had been in place for a long time. The POSH Act
2013 is another big step forward, even though it was only passed 16 years after the court case
that followed a gang rape in Rajasthan (Vishaka v. State, 1997). Unfortunately, public sexual
impropriety still doesn't have any legal protection.
PUBLIC AWARENESS OF LEGAL PROTECTIONS
To find out the awareness and legal protection against PSI, responses are obtained from
different stake holders, collected data is analyzed and portrayed in the form of following
graph The question was posed as to whether in their opinion the general public is sufficiently
aware of the legal remedies available to them. An analysis of the cumulative results reveals a
near balance between the two opinions. 48% (78/162) replied that public is aware of the
available legal remedies in relation to PSI and 52% (84/162) responded in the negative.
However, on the individual level there is a significant difference in opinion among the police
and especially the advocates. 73% (23/30) advocates answered in negative, while 66%
(14/21) of IO’s answered in the positive. Figure No. 1 below shows the responses received by
the women.
To figure out how much people know and how much legal protection they have against PSI,
we get responses from different people involved, analyze the data, and show it in the graph
below. We asked if they think the general public knows enough about the legal options
available to them, and the results show that there's a pretty even split between the two. 48%
of people said that the public knows about the legal options in case of PSI, and 52% of people
said no. But at the individual level, there's a big difference between the police and the
advocates, with 73% of the police saying no (out of 30) and 66% of the advocates saying yes
(14 / 21). See figure number 1 below for the women's responses.
Figure No. 1: Public Awareness of Available Legal Protections
CONCLUSIONS AND SUGGESTIONS
This research study aims to get the attention of all those in charge and to remind them that
this is a serious crime. It's important to remember how much it affects women's freedom,
equality and sense of who they are. Based on the research, there are some ideas for changes
to substantive laws and new procedural requirements to help prevent, better implement and
make it easier to report this crime.
Spread the word to the public is the best way to prevent crime. Educate kids from a young
age about gender equality and how to respect the opposite sex. Gender equality should be part
of the school curriculum as soon as possible. It's important to educate the public on what
constitutes an offence and what doesn't. Legal provisions should be clear and any efforts to
spread legal awareness should be done with care to make sure the public understands all the
acts that are currently considered an offence. The police should work with NGOs and legal
aid cells to come up with a guide for women on how to react in the event of a sexual assault.
Another idea that could help improve police relations is community policing. This would
make it easier for people to report crimes. A team of representatives from the local area (like
a representative from each company in the area) could meet with people in the community to
let them know that the police are here to help. They could act as a middleman between the
police and the people who live in the area. This kind of liaising can really help build better
relationships and make reporting easier, since a lot of people don't like going to the police.
