Written by Monisha.C.J, 5th year BBA, LL.B(hons) student, Dr.MGR educational and research institute, During the internship with Le Droit.
Abstract
Eve-teasing is one of the types of harassment faced by women at all ages in their day-to-day lives; it not only impacts their personal life but also poses a constant threat to public safety. There are certain legal provisions which are section 296 and 79 under the Bharatiya Nyaya Sanchita,2023 (a replacement of the act of the Indian Penal Code, 1860).Despite such legal provisions, the harassment of women in public places is still prevalent due to the weak enforcement and social tolerance. The issue is not only legal but also a societal one. In many parts of India, Eve-Teasing is considered “Harmless fun”.
This article examines the role of legislation in addressing eve-teasing and protecting women’s safety in public places. This article also discusses the evolution of the legal provisions, supporting case laws and landmark judgements and the challenges faced by the victims.
This article also highlights police accountability and judicial sensitivity in handling such cases.
By integrating the legal frameworks, this article calls for a comprehensive approach from both the state and society to ensure public spaces are safe and inclusive.
Key words: Eve-teasing, public safety, harassment laws, women protection.
1. Introduction:
Eve-teasing is a public form of harassment that is faced by women of all age groups in their everyday lives all around the world. Eve-teasing includes verbal abuse, gestures, and unwanted attention in public spaces, which often creates emotional distress, anxiety, and fear among women when they are in a public space. Although women feel many emotional issues because of the eve-teasing, it is still considered a minor or non-serious act because of the social stigma in India.
The concern surrounding eve-teasing extends beyond just the legal definitions; it also challenges safety in shared environments like streets, buses, malls, educational institutions, and even more. While there are legal provisions to address these actions under criminal law, the effectiveness of these measures depends largely on public awareness, enforcement, and societal change. This article aims to examine how the law addresses the issue of eve-teasing, its intersection with public safety, and why stronger legal and social responses are urgently needed..
2. Understanding eve-teasing:
Eve-teasing is not a legally defined term, yet it is a deeply rooted social reality in India. It includes persistent staring, sexually suggestive comments, brushing against women in crowds, stalking, and other forms of unwelcome conduct in public spaces.
One of the reasons why eve-teasing persists is because of the normalisation in everyday life, from cinema scenes to street jokes, leading to underreporting and a lack of accountability. Many women choose to stay silent because of fear, shame, or the thought that nothing will change if they decide to speak out.
There are generally four forms of eve-teasing:
1. Verbal- Whistling, singing, lewd comments.
2. Physical- Brushing, pinching, groping.
3. Visual- Winking, staring, displaying obscene gestures or materials.
4. Psychological- Stalking, following, intimidation.
While it may not always escalate into physical assault, eve-teasing affects a woman’s safety and mental health, reinforcing unsafe public environments for women, which eventually leads to gender based discrimination.
3. Applicable legal provisions:
Although eve-teasing is not explicitly defined in Indian law, it is effectively addressed through several provisions in the new Bharatiya Nyaya Sanhita (BNS), 2023. This significant legislation aims to combat public harassment of women in all its forms, reinforcing the fundamental principle that every woman deserves to feel safe and respected in society.
Eve-teasing encompasses a wide range of unacceptable behaviors, including catcalling, unwanted advances, sexually suggestive remarks, lewd gestures, stalking, and physical intimidation. Each of these actions directly violates a woman’s rights to equality, privacy, and freedom in public spaces. The BNS firmly categorizes these acts as criminal offenses and provides essential legal remedies for victims.
The specific sections of the BNS that address and penalize behaviors associated with eve-teasing are as follows;
Section 74- Assault or use of criminal force to outrage modesty
This provision penalises anyone who uses physical force or contact intended to outrage a woman’s modesty. In the context of eve-teasing, this includes groping, brushing against women in crowded spaces, or any form of inappropriate physical touch. The punishment for such an act is 1 to 5 years of imprisonment and a fine.
Section 75- Sexual harassment
This is the primary section which deals with various forms of sexual harassment, both physical and non-physical. It criminalises:
- Unwanted physical contact and advances involving explicit sexual overtures,
- Request for sexual favours,
- Showing pornography without consent,
- Other unwelcome sexual behaviours (verbal, non-verbal, or physical).
Punishment includes up to 3 years of imprisonment + fine for physical advances, for other forms (e.g., remarks) up to 1 year of imprisonment or fine or both.
Section 76- Attempt to disrobe a woman
This provision targets extreme acts of physical harassment, such as attempts to forcibly remove a woman’s clothing in public. The punishment for this act is 3 to 7 years of imprisonment and a fine.
Section 77- Voyeurism
This provision applies to the act of taking videos/photos without the consent of the women in situations where they expect privacy, for example, changing rooms, public transport, malls, etc. The punishment for committing this offence is classified into two types. For the first offence, the punishment is 1 to 3 years of imprisonment plus a fine, and for repeated offences, the punishment is 3 to 7 years of imprisonment plus a fine.
Section 78- Stalking
Penalises persistent following, monitoring or attempting to contact a woman despite her disinterest, including cyber stalking and in-person harassment. The punishment for the first time offence is up to 3 years of imprisonment and a fine, for a repeat offence it is up to 5 years of imprisonment and a fine.
Section 79- Words, gestures or acts intended to insult the Modesty of a Woman
This section targets non-contact harassment, such as;
Lewd gestures,
- whistling,
- making obscene remarks in public,
- sending inappropriate messages, etc.
Punishment for such offences is imprisonment up to 3 years and a fine.
4. Landmark Judgements on Eve-Teasing and Public Harassment
- Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625
- The Supreme Court ruled that even verbal or non-physical advances of a sexual nature qualify as sexual harassment. It emphasized that the right to a secure workplace is part of the right to life under Article 21.
- This judgment clarified that inappropriate conduct need not involve physical contact to be considered harassment.
- Deputy Inspector General of Police v. S. Samuthiram, (2013) 1 SCC 598
- The Court acknowledged eve-teasing as a serious infringement of women’s dignity and emphasized that such actions should not be trivialized or treated as petty misconduct.
- Vishaka v. State of Rajasthan, AIR 1997 SC 3011
- The Court introduced the Vishaka Guidelines to combat sexual harassment at workplaces, interpreting Articles 14, 15, 19, and 21 of the Constitution.
- These guidelines were foundational in promoting safe and respectful work environments for women.
5. Conclusion
Eve-teasing is frequently perceived as a minor social issue, but it constitutes a clear violation of essential rights, including dignity, privacy, and the freedom to navigate public spaces safely. While laws like the Bharatiya Nyaya Sanhita, 2023, and constitutional safeguards under Articles 14, 15, and 21 provide legal backing, inconsistent implementation and enforcement continue to be challenges.
Beyond legal measures, the issue is deeply intertwined with entrenched gender biases, cultural norms, and social stigma that often discourage reporting and accountability. The legal framework, including Sections 74 to 79 of the BNS, covers various forms of harassment verbal, non-verbal, and physical. However, low conviction rates persist due to limited awareness, fear of social consequences, and delays in legal procedures.
Hence, collective efforts from society, educational institutions, and governance systems are vital to shift public attitudes and ensure that all individuals regardless of gender can experience safety and dignity in public life.
