DOCSLIB.ORG

VOLUME 1: ISSUE 8 ||January 2020 || Email

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
VOLUME 1: ISSUE 8 ||January 2020 || Email www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 1: ISSUE 8 ||January 2020 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of WhiteBlackLegal – The Law Journal. The Editorial Team of WhiteBlackLegal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of WhiteBlackLegal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURNAL 4 www.whiteblacklegal.co.in ISSN: 2581-8503 SEXUAL HARASSMENT (SOCIAL AND PSYCHOLOGICAL ISSUE) By – Tania Sharma ABSTRACT In India gender inequality is so pervasive that we often don’t even see it. In fact certain forms of sexual harassment, like unwanted touching or sexist comments, are so commonplace that women and girls don’t even call it sexual harassment. Sexism and certain forms of sexual harassment are so normalized. It’s hard to distinguish it from another day at school or just another day at work. This has to change. In India women are not safe because they can’t go out late nights because there are many monsters that keep their dirty eyes on women which makes them uncomfortable. Many cases of sexual harassment were covered by the media but many of them remain unexplored. Although violence against women like- sexual harassment, rape, exploitations of women is not a recent origin its traces is found in history of ancient India. This paper has attempted to find out the Indian perspectives women exploitation in modern society. Every girl and women has rights to live free and free from violence. India is facing many numbers of cases on sexual harassment. Sexual harassment, sexual assault, rape these cases hampers the women’s dignity, their constitutional rights like equality, dignity etc. this paper starts with the meaning of sexual harassment and then looks into the various aspects that alleged to this brutal issue. Also discuss the global laws to curb the sexual harassment and the status of sexual harassment in India with the most burnt sexual harassment cases in these days. #METOO movement was also in news these days where many women’s came up with their real life stories on sexual harassment. This paper discuss that what is the main problem that encourage the sexual harassment day by day in India. The study also indicates the sexual harassment on the workplace and also suggest some suggestions that how to tackle all these issues. KEYWORDS – Sexual Harassment, Women, Law, #ME TOO, Exploitation, Rights. 5 www.whiteblacklegal.co.in ISSN: 2581-8503 TABLE OF CONTENT TITLE PAGE NO. ABSTRACT 1 INTRODUCTION 3-4 Statement of problem Research objective Research methodology GENDER INEQUALITY TRANSFORMS INTO SEXUAL 4-5 HARASSMENT Few signs of gender inequality Provisions in Constitution of India to safeguard the rights CLASSIFICATION OF SEXUAL BEHAVIOR 6-8 Misconceptions about sexual harassment Categories of sexual harassment at work place Psychology behind sexual harassment Categories of harassers IMPACT OF SEXUAL HARASSMENT ON INDIVIDUAL 8-9 GLOBAL LAWS TO CURB SEXUAL HARASSMENT 9-10 United nation LEGAL STATUS OF SEXUAL HRASSMENT IN INDIA 10-12 HAS BOLLYWOOD NORMALIZED SEXUAL OFFENSES? 12-14 SEXUAL HARRASMENT ALLEGATIONS AGAINST 14-16 #METOO MOVEMENT CASE LAWS ON SEXUAL HARRASMENT AND LEGAL 16-20 CHANGES AFTER CASES. QUESTIONNAIRE 20-22 VIEW POINT 23 CONCLUSION 24 6 www.whiteblacklegal.co.in ISSN: 2581-8503 INTRODUCTION There is no industry or institution that is immune to it. It happens in companies and universities, on factory floors and on movie sets, in restaurant kitchens and congressional offices and it hurts so many people. Sexual harassment is about the unequal powered relations between men and women in society. It all starts with gender inequality; it affects women as well as men. Gender issues which are faced by men and women both societies thinks that taking care of the family is only the responsibility of women and he would lose the respect of his wife if husband took the decision to work in home and send wife to work outside. This scenario highlights the presence of gender inequality in our society and mindset that only man can hold the important positions and family was only the responsibility of women.1 Now, Women are working in the same capacity as men in all the work areas and all levels of society. They have acquired and have all the skills and knowledge needed to succeed in any profession they choose. Additionally, they have all that is required to get Haden job some of which always thought of men’s forte. Men and more women’s are venturing in to areas which are traditionally dominating by the men and vice versa. This helps in increase in income of households and as well as providing a sense of fulfill needs of women.In India IT and IT- enabled services industry has provided a variety of career opportunities for women. STATEMENT OF PROBLEM This research paper intended to focus on various problems and issues related to the sexual harassment with women in India. The problem is related to social stigma, public exploitation faced by women. This study critically analyzes the laws in India as well as in other countries on sexual harassment. Why sexual harassment is a serious offense in India. The major problem is that people are not aware about the laws they even don’t know that sexual harassment like giving vulgar comments, whistling, making another person uncomfortable is an offence. It shows the great failure on the part of the government and law making bodies that are not protecting the interest of the women in the society. The monsters that make uncomfortable women by teasing them they are not afraid of the laws. RESEARCH OBJECTIVES The objectives of this research are: 1Available at https://www.ncbi.nlm.nih.gov/books/NBK519464/(visited on January 5,2020) 7 www.whiteblacklegal.co.in ISSN: 2581-8503 To examine the stages of women exploitation. To analyze status of law in Indian Penal Code and other Local Laws of crimes against women. To analyze the factors that influences the sexual harassment in society. To provide some recommendations to overcome these issues. RESEARCH METHODOLOGY For this research paper I have used doctrinal and non- doctrinal methods. For doctrinal research, I have studied various articles, law journals, books, case laws etc. this type of research is done to gain more knowledge about the topic and to critically analyze the data related to exploitation of women, progress of related laws, gender inequality that leads sexual harassment, psychology behind the sexual harassment. This type of research is helpful in doing comparable study of sexual harassment laws in home country and other countries. For non-doctrinal research, I have used questionnaire method to collect the opinions of students about the sexual harassment. GENDER INEUALITY TRANSFORMS INTO SEXUAL HARRASMENT Sexual harassment can be defined as the any unwelcomed or unwanted attention of sexual nature from any person which will cause for discomfort, humiliation, offence, or distress. It included actions of sexual nature directed at one or more workers by a person or a group of people. Sexual harassment can manifest in the form of unwelcomed touching or offensive and sexuallysuggested jokes at women on the basis of her sexual identity. Harassment can also involve promises of advancement in exchange of sexual favors. 2 Few signs of gender inequality- Difference in pay for men and women doing equal or comparable work. Not allowing full and equal participation of women in the workforce. Dissuading men for helping out in household chores. Providing limited access to occupations and industries on the basis of gender. Discrimination in providing different level of education to boys and girls. 2Available at https://www.theatlantic.com/business/archive/2017/10/sexual-harassment-media-hollywood- entertainment/544068/ (visited on January 6,2020) 8 www.whiteblacklegal.co.in ISSN: 2581-8503 Many provisions in our constitution of India to safeguard our rights against gender inequality- ARTICLE 14- Equality before law The State shall not dent to any person equality before the law or the equal protection of the laws within the territory of India, Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth.
Load more

Recommended publications
  • Ky; Okf”Kzd Izfrosnu
    2013-14 tokgjyky usg# fo’ofo|ky; Jawaharlal Nehru University okf”kZd izfrosnu 44 Annual Report Contents THE LEGEND 1 ACADEMIC PROGRAMMES AND ADMISSIONS 5 UNIVERSITY BODIES 10 SCHOOLS AND CENTRES 19-302 School of Arts and Aesthetics (SA&A) 19 School of Biotechnology (SBT) 35 School of Computational and Integrative Sciences (SCIS) 40 School of Computer & Systems Sciences (SC&SS) 45 School of Environmental Sciences (SES) 51 School of International Studies (SIS) 60 School of Language, Literature & Culture Studies (SLL&CS) 101 School of Life Sciences (SLS) 136 School of Physical Sciences (SPS) 154 School of Social Sciences (SSS) 162 Centre for the Study of Law & Governance (CSLG) 281 Special Centre for Molecular Medicine (SCMM) 292 Special Centre for Sanskrit Studies (SCSS) 297 ACADEMIC STAFF COLLEGE 303 STUDENT’S ACTIVITIES 312 ENSURING EQUALITY 320 LINGUISTIC EMPOWERMENT CELL 324 UNIVERSITY ADMINISTRATION 327 CAMPUS DEVELOPMENT 331 UNIVERSITY FINANCE 332 OTHER ACTIVITIES 334-341 Gender Sensitisation Committee Against Sexual Harassment 334 Alumni Affairs 336 Jawaharlal Nehru Institute of Advanced Studies 336 International Collaborations 340 CENTRAL FACILITIES 342-370 University Library 342 University Science Instrumentation Centre 358 Advanced Instrumentation Research Facility 360 University Employment Information & Guidance Bureau 370 JNU Annual Report 2012-13 iii FACULTY PUBLICATIONS 371-463 FACULTY RESEARCH PROJECTS 464-482 ANNEXURES 483-574 MEMBERSHIP OF UNIVERSITY BODIES 483 University Court 483 Executive Council 489 Academic Council 490 Finance Committee 495 TEACHERS 496 Faculty Members 496 Emeritus/Honorary Professors 509 Faculty Members Appointed 510 Faculty Members Confirmed 512 Faculty Members Resigned 512 Faculty Members Retired Compulsorily 513 Faculty Members Retired Superannuation 513 Faculty members Re-employed 513 RESEARCH SCHOLARS 514-574 Ph.D.
    [Show full text]
  • Workplace Management and Sexual Harassment
    Volume 9, Special Issue 3, May 2019, International Conference on Ethics and Integrity in Management and Legal Practices, K. R. Mangalam University, Haryana, India, 8-9 February 2019 Workplace Management and Sexual Harassment Kanika Parashar1 and Dr. Praveen Choudhry2 1(Research Scholar, Vivekananda Global University, Jaipur) 2(Professor, Vivekananda Global University, Jaipur) It is no hidden fact that, Sexual harassment at the place of work is extremely common. In spite of knowing this fact, surprising thing is most companies forget to take necessary requirements and actions for such important fulfilment. Sexual harassment at workplace is a prototype of events that compromises with the financial security, safety, emotions, physical harassment, and security of a woman worker. Lawfully speaking, sexual harassment consists of such unsolicited sexually determined behaviour as: physical or inappropriate touch seeking for sexual favours inappropriate comments showing or mentioning pornography Any unwelcome physical verbal or non-verbal conduct of sexual nature. Earlier, there were only few cases which came to light, as survivor was not that secured as it is now. The gratitude for detailed guidelines on sexual harassment at workplace goes to an NGO-Vishakha, that took a case of gang rape in Rajasthan to the Supreme Court in 1997and it is shocking that government took 16 years to codify the law. It was 1997, but women are still fighting and dealing with the sexual harassment on their daily routine. Burning Candles and marching parade will not resolve this horrendous issue .We require strict measures and actions to eradicate this misconduct. #Me Too There is a big change in the direction of wind; women can finally break the ritual of silence and shred their tears into million pieces.
    [Show full text]
  • Volume Ii: Issue 1 March 2020
    VOLUME II: ISSUE 1 MARCH 2020 Email: [email protected] Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of the Editor-in-chief of Corpus Juris – The Law Journal. The Editorial Team of Corpus Juris holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of Corpus Juris or the Publisher Adv. Sunil Chauhan. Though all efforts are made to ensure the accuracy and correctness of the information published, Corpus Juris shall not be responsible for any errors caused due to oversight or otherwise. Corpus Juris ISSN: 2582-2918 The Law Journal website: www.corpusjuris.co.in ABOUT US Corpus Juris is an open access, peer reviewed journal which aims to generate dialogue on matters of current interest. Started by three law school classmates, Corpus Juris is unique in as much as there is no specific theme by which the Journal is restricted. This allows Lawyers, Researchers and Law students alike to express their views in accordance with their interests. Corpus Juris was born from the thought that the legal academia of the world has become somewhat static, even as humans continue to witness progress in leaps and bounds across other disciplines. Bearing the idea that Law and Social Science need to change with the progress of society and social fabric of the world, this is a humble attempt that intends to reinstate the lost atmosphere of legal research and progress across the globe.
    [Show full text]
  • 3Cvvkv E` ]Vrgv 5V]YZ ?4C Ehzde Z Hz U
    VRGR '%&((!1#VCEB R BP A"'!#$#1!$"#0$"T utqBVQWBuxy( 0 1 I7 - %J 'J J 4&$5.6-! G) 23 "H $ "H2 G ' < .(& / (+,- '()* <=<*< -+0#<07 #. + # 9&) *<#0 #9<* &0 <09)0 <7 *# 5#))< 5&99# 7*+- 9)&) +< .<7#=< <0 )05 #0 67 & # ( 7 0 .!7/8.69 ./:6A ! "$% !& :-0 9+-7 R O P 0<: <)# hills during the last few days 7 # ' have helped gather moisture in < 0 he stubble burning in the Delhi air. This moisture # ' "A 0* TPunjab and Haryana is not holds pollutants. This can be an ' % the sole reasons for air pollu- added trigger to the already tion in the national Capital. growing pollution levels. / BC#D A EFF The weathermen have predict- The air quality in Delhi ' ed a spike in pollution levels in dipped to poor level on Delhi-NCR due to entirely dif- Saturday with drop in wind Forecasting and Research every year during October and P Q ferent factors. speed, and the authorities pre- (SAFAR). The PM10 level November and wheat straw !# Q Q “Presently the western dis- dicted further fall in the air (presence of particles with during April in Punjab and turbance is moving away, and quality index of the national diameter less than 10 microme- Haryana are the major con- the north-westerly dry winds Capital in the coming days. In tres) in Delhi stood at 243 and tributors to air pollution in $% are settling over the areas of the upcoming 24 hours, Delhi the PM2.5 level was recorded Delhi-NCR as the smoke trav- & ' northwest plains and Delhi.
    [Show full text]
  • Saloni Chopra the Feisty Actor Is Using Social Media to Ignite Debate on Sexuality and Gender Violence
    May 2018 Vol 2 Issue 5 `150 Saloni Chopra The feisty actor is using social media to ignite debate on sexuality and gender violence THE WOMAN INSIDE AGENTS OF CHANGE FUNNY SIDE UP Maahi’s sex change had Shahla Ettefagh, Sigma Standup comic Neeti an unexpected outcome Ankrava, Christine Akello Palta gives us a peek in her work and life Otieno, Madhavi Kuckreja into her life & home 2 | PERSONAL GROWTH contents Funny Side Up :) 06 Standup comic Neeti Palta takes us home India’s Diwali Ambassador 12 US-based events planner Manisha Beriwala Bad Feminist 20 Cover girl Saloni Chopra gets personal ON THE COVER: Saloni Chopra PHOTOGRAPHY: Amit Agarwal The Power of One 26 Four agents of change from around the world Woman Rising 42 How Shazia found hope after losing her son Why Men Rape 45 What makes men rapists? How do we fix it? Life in 3D 48 Award-winning animator Charuvi Agrawal How We Went Off Script 54 Sana Sood on her entrepreneurial journey Walk on Through to 14 the Other Side Her gender change had an A Little Bit of Thai unexpected outcome for Maahi 56 Four Thai dishes for healthy meals MAY 2018 MAY 2018 4 | EDITor’S NOTE EDITor’S NOTE | 5 and bore the weight of the world on their hips. I thought about their daily sacrifices in raising families and running households. I thought about their missed op- portunities, backbreaking work, uncomplaining resilience. WOMEN WHO DO The women in my family were systematically denied equal rights and freedom – to education, to their bodies, to wo days ago, I went out for a meeting and their personal choices, to their dreams.
    [Show full text]
  • Delhivery Co-Founders Lead Seed in Foodtech
    10/23/2018 Food memories: Delhivery co-founders invest in Ahmedabad based startup ‘Food Memories’ - Times of India Open in app + Delhi 27°C 81°F °F » English िही मराठी বাংলা ગુજરાતી ಕನ ಡ தழ் മലയാളം |Epaper|GadgetsNow Sign In6 Notification Center 31 mins ago STARTUPS World Business Sports Entertainment TV Life & Style Photos Education Elections Startups Venture Capital Companies Deals M&A People Data Corner Global Trend Tracking + search News / Startups / Venture Capital https://timesofindia.indiatimes.com/venture-capital/delhivery-co-founders-invest-in-ahmedabad-based-startup-food-memories/articleshow/62801186.c… 1/20 10/23/2018 Food memories: Delhivery co-founders invest in Ahmedabad based startup ‘Food Memories’ - Times of India / Delhivery co-founders invest in Ahmedabad based startup of the Day Delhivery co-founders invest in Ahmedabad based startup ‘Food Memories’ Vishal Dutta | ET Bureau | Feb 6, 2018, 11:38 IST The investors and seed investment will not only power ‘Food Memories’ rapid expansion in the current business ... Read More Ahmedabad based startup ‘FoodMemories’, a marketplace for authentic geographically unique Indian foods, has secured seed investment from a consortium of 8 investors led by Delhivery co-founders Bhavesh Manglani & Suraj Saharan and Darshan Upadhyay & Sanjay Notani, Partners at https://timesofindia.indiatimes.com/venture-capital/delhivery-co-founders-invest-in-ahmedabad-based-startup-food-memories/articleshow/62801186.c… 2/20 10/23/2018 Food memories: Delhivery co-founders invest in Ahmedabad based startup ‘Food Memories’ - Times of India Economic Laws Practice, Mumbai. Additionally, Sachin Khandelwal, Founder of Bangalore-based Corporate Gifting major – Kirti Sales & Services, has joined the investor group.
    [Show full text]
  • Turkish Expat Nukhet Dora on the Aesthetics of Cake Making. P4-5
    Community Community Ideal Indian Qatari author School wins shares her P6Islamic P16 opinion on awareness daily lfie issues in competition her maiden book for fourth Hatha Rayi Esh successive year. Rayak. Sunday, September 29, 2019 Muharram 30, 1441 AH Doha today: 320 - 370 Artsy delight Turkish expat Nukhet Dora on the aesthetics of cake making. P4-5 COVER STORY LIFESTYLE SHOWBIZ What researchers think gut bacteria Million dollar prodigy wants to has to do with weight gain. produce music for Hollywood. Page 11 Page 14 2 GULF TIMES Sunday, September 29, 2019 COMMUNITY ROUND & ABOUT PRAYER TIME Fajr 4.06am Shorooq (sunrise) 5.25am Zuhr (noon) 11.25am Asr (afternoon) 2.50pm Maghreb (sunset) 5.24pm Isha (night) 6.54pm USEFUL NUMBERS Abominable SYNOPSIS: After discovering a Yeti on the roof of her DIRECTION: Jill Culton apartment building, teenage Yi and her two friends embark on CAST: Chloe Bennet, Tenzing Norgay Trainor, Eddie an epic quest to reunite the magical creature with his family. Izzard, Sarah Paulson. THEATRES: Landmark Emergency 999 Worldwide Emergency Number 112 Kahramaa – Electricity and Water 991 Local Directory 180 International Calls Enquires 150 Hamad International Airport 40106666 Labor Department 44508111, 44406537 Mowasalat Taxi 44588888 Qatar Airways 44496000 Hamad Medical Corporation 44392222, 44393333 Qatar General Electricity and Water Corporation 44845555, 44845464 Primary Health Care Corporation 44593333 44593363 Qatar Assistive Technology Centre 44594050 Qatar News Agency 44450205 44450333 Q-Post – General Postal Corporation 44464444 Humanitarian Services Offi ce (Single window facility for the repatriation of bodies) Ministry of Interior 40253371, 40253372, 40253369 Ministry of Health 40253370, 40253364 Hamad Medical Corporation 40253368, 40253365 Qatar Airways 40253374 Love Action Drama all kinds of action to impress the girl he likes with a hope to DIRECTION: Dhyan Sreenivasan marry her.
    [Show full text]
  • SPECIAL ARTICLE OPEN ACCESS Sexual Violence in Indian Public
    Singh and Kumar. Space and Culture, India 2019, 6:5 Page | 8 https://doi.org/10.20896/saci.v6i5.317 SPECIAL ARTICLE OPEN ACCESS Sexual Violence in Indian Public Sphere: Counter-public Creation and Deferral Sakshi Singh†*and Dr Anurag Kumar† Abstract The paper hypothesises that public and counter-public spheres are rhetorically constructed and argues that the nature of rhetoric in both the spheres is dialectically construed by various agencies which on the one hand ensure the execution of public sphere rhetoric, and on the other hand, defer counter-public discourse to be implemented in practice, especially in case of sexual violence against women in India. The paper contextualises the same argument using various newspaper articles which are reflective of the ineffectiveness of the rhetorical counter-public and its consequent deferral. Keywords: Public Sphere, Counter-public, Sexual violence against women, Dialectic, Deferral, India † School of Languages and Literature,Shri Mata Vaishno Devi University, India *Corresponding Author, Email: [email protected] ©2019 Singh and Kumar. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/2.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Singh and Kumar. Space and Culture, India 2019, 6:5 Page | 9 Introduction society, unlike the recurrent resisting efforts The 2017 report published by the UN Women on conceived in opposition to them. the status of violence against women states that Habermas’s concept of public sphere popularly “…35 per cent of women worldwide have called as the bourgeoisie public sphere, experienced either physical and/or sexual discusses the idea of “public sphere constituted intimate partner violence or sexual violence by a by private people” (Habermas, 1989, p.30) with non-partner at some point in their lives.
    [Show full text]