Sexual harassment laws exploited by women

For example, a woman came complaining of sexual harassment by a vigilance officer of a co-operative society. This officer had discovered malpractices and referred the case for a vigilance enquiry. Enquiries by the Vanitha Commission exposed the spuriousness of the complaint. “When I found that the evidence was flimsy, I asked her what the stake was. She said she was prepared to withdraw the complaint if the report referring the case to Vigilance was withdrawn and returned to her,” Sugatha Kumari said.

In another case, a blind girl who had become pregnant had accused her neighbour, a Central Government employee, of sexually exploiting her. The concerned employee stoutly denied any involvement and said he was willing to undergo a DNA test. The girl underwent an abortion and when the foetus was subjected to a DNA test, it was proved that the accused was innocent. “When the mother of the blind girl came to know about the DNA test, the girl withdrew her complaint. Investigations revealed that the mother had an ongoing land dispute with the man and was instigated by neighbours to resort to this ruse to cow him down,” Sugatha said.

“It is more common in North India. If a boss writes a confidential report against anyone, he is threatened with the charge of sexual harassment. This is because of the flaw in Law itself. In Indian criminal jurisprudence, the accused is presumed innocent until proven guilty. In pro-women laws, we are following the French system under which the accused is presumed guilty until proved otherwise. It is difficult for a man who is accused by a Union-backed woman to provide proof. In their enthusiasm to protect women, law makers did not give adequate thought about possible misuse of such law,” said advocate Vincent Panikulangara.

Advocate Lekha Suresh also conceded that these laws were misused. But sexual harassment was a reality and needed to be countered, Lekha said. “Many women feel embarrassed even to report cases of sexual harassment. In the telephoneexchange here, a woman was chased and molested but no action was taken against the oppressor,” Lekha points out. She suggested that proper guidelines be drawn up for implementation of pro-women laws, with strict training imparted for its enforcement and induction of third party members.

According to Jacob Thomas IPS, former director of the Vanitha Commission, misuse of the law is the exception rather than the rule, with one among 100 women misusing it. “It is beneficial for the majority of women. What needs amendment is the Evidence Act,” he said. Even Vibha Parthasarathy, chairperson of the National Women’s Commission, endorsed the same view. “Only one woman out of 100 does it. Such people exist. It is difficult to close loopholes. Society has to become civilised,” she said.