Catharine Mackinnon: Sexual Harassment Of Women

Catharine MacKinnon, an American scholar, teacher and lawyer describes sexual harassment as an “explosive combining of unacceptable sexual behaviour and the abuse of power.” It is not a new phenomenon that the women in the backward regions of the country are perpetually, even post six decades of having been granted these rights are trying to cope up with personal attacks on their bodies, minds, dignity and integrity.

Prior to 1997, a complaint for criminal assault of women to outrage her modesty could only be filed under Section 354 of the Indian Penal Code, 1860 and Section 509 which punishes individuals for using a word, gesture or act which is intended to insult the modesty of a woman. Despite these provisions

The change in Indian law was brought about by the brutal gang rape at her workplace of a Rajasthan State government employee, Bhanwari Devi, who tried to prevent a child marriage which was a part of the responsibility of her job in the Women Development Programme. She was raped by the landlords of the community who felt that she was just a “lowly woman” from a poor community and wanted to punish her for her guts to stand up against them. The Rajasthan High Court failed to deliver justice and the rapists were let off from all charges. This grave injustice inspired a number of women’s rights groups along with NGOs to file a public interest

According to the Constitution of India, sexual harassment is a violation of the fundamental rights of a woman. It violates a woman’s right to equality under Article 14 and 15 and also the right to lead a dignified life under Article 21. It also violates an individual’s right to practice any profession, or to carry on any business, trade or occupation which includes the right to a safe work