Minor Research Project
Title: Sexual Harassment Against Women in India
Submitted by: S Syed Muzamil
Registration Number: 41622111079
Course: 3-Year LL.B
Institution: Al-Ameen College of Law
Declaration
I hereby declare that the research work presented in this minor research project titled
"Sexual Harassment Against Women in India" is original and has been carried out by me
as part of the academic curriculum of the 3-Year LL.B course at Al-Ameen College of
Law. This work has not been submitted to any other institution for the award of any
degree or diploma.
S Syed Muzamil
Date: [Insert Date]
Acknowledgment
I would like to express my sincere gratitude to my faculty guide and the Research
Committee of Al-Ameen College of Law for their valuable guidance, suggestions, and
continuous encouragement throughout this research work. I am also thankful to my
family, friends, and all those who directly or indirectly supported me in the completion of
this project.
Table of Contents
1. Introduction
2. Literature Review
3. Research Methodology
4. Understanding Sexual Harassment
5. Legal Framework in India
6. Judicial Interpretation and Case Laws
7. New Criminal Laws and Amendments
8. Causes and Societal Factors
9. Challenges in Enforcement
10. Recent Studies and Statistics
11. Resolution and Recommendations
12. Findings and Conclusion
13. References/Bibliography
1. Introduction
Sexual harassment is a serious issue that affects the dignity, safety, and mental well-being
of women in India. It exists in multiple forms, from unwelcome physical contact to
offensive verbal or non-verbal behavior. Despite numerous legal protections, cases of
sexual harassment persist in homes, workplaces, streets, educational institutions, and
even virtual spaces. This project explores the reasons behind such conduct, the laws to
combat it, real-life cases, societal factors, and what can be done to stop this menace.
2. Literature Review
Various scholars, NGOs, legal researchers, and government bodies have studied the
problem of sexual harassment. Studies such as the National Family Health Survey
(NFHS-5) show that nearly 30% of Indian women have faced physical or sexual violence.
The Vishaka Guidelines (1997) formed a crucial turning point in India's legal approach to
workplace sexual harassment. Literature also indicates that social stigma, lack of
awareness, and inadequate implementation of laws contribute to the persistence of the
problem.
3. Research Methodology
This project is based on doctrinal research. It includes references from case laws, statutes,
constitutional provisions, recent amendments like the Bharatiya Nyaya Sanhita (BNS),
articles, news reports, and data from government and NGO reports. This study is
qualitative and analytical, aiming to understand the legal framework and suggest
improvements.
4. Understanding Sexual Harassment
Sexual harassment refers to unwelcome acts of sexual nature. These can include
inappropriate touching, sexually colored remarks, showing pornography, making obscene
jokes, and any conduct that violates a woman's dignity.
Types:
- Verbal: Comments, jokes, sexual innuendos.
- Physical: Unwanted touching, gestures.
- Visual: Lewd stares, showing obscene content.
- Online: Cyberstalking, unwanted messages.
It creates an unsafe environment, especially for women who feel powerless or threatened.
5. Legal Framework in India
Key provisions include:
- **The Constitution of India**: Articles 14, 15, and 21 ensure equality, non-
discrimination, and the right to dignity.
- **The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013**: Enacted after the Vishaka case, it mandates the formation of
Internal Complaints Committees (ICCs) and provides a detailed procedure for complaint
and inquiry.
- **IPC (Indian Penal Code)** (pre-2023):
- Section 354A: Sexual harassment
- Section 509: Outraging the modesty of a woman
- **Bharatiya Nyaya Sanhita, 2023** (New criminal law replacing IPC):
- Clause 73(1): Sexual harassment
- Clause 74: Assault with intent to outrage modesty
These legal tools aim to prevent harassment and ensure justice.
6. Judicial Interpretation and Case Laws
- **Vishaka v. State of Rajasthan (1997)**: Supreme Court laid down guidelines for
workplace harassment.
- **Apparel Export Promotion Council v. A.K. Chopra (1999)**: Affirmed strict action
for any unwelcome conduct.
- **Medha Kotwal Lele v. Union of India (2013)**: Reinforced need for monitoring the
implementation of Vishaka Guidelines.
- **Farha Naaz v. State of Uttar Pradesh (2022)**: Upheld a woman’s right to file
complaints without fear.
Judiciary has played a key role in interpreting and reinforcing women's right to safety.
7. New Criminal Laws and Amendments
With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, sexual offences have
been redefined with more clarity.
Key highlights:
- More victim-centric language
- Speedier trial procedures recommended
- Clause 73(1) replaces IPC 354A with wider definitions and punishments
- Enhanced punishment for repeat offenders
- Online harassment now explicitly included
This new legal approach shows seriousness towards evolving crimes.
8. Causes and Societal Factors
- Patriarchy and gender inequality
- Objectification of women in media
- Lack of education and awareness
- Weak implementation of laws
- Fear of victim-blaming and social stigma
Men often commit such acts due to feelings of power, entitlement, lack of empathy, or
societal conditioning that downplays consent. This reflects deep-rooted cultural flaws.
9. Challenges in Enforcement
- Fear of retaliation
- Unresponsive authorities
- Lack of proper ICCs in workplaces
- Social pressure on victims to stay silent
- Long legal processes and delays
Even though laws exist, practical hurdles often stop victims from coming forward.
10. Recent Studies and Statistics
- NFHS-5: 30% women reported violence
- NCRB (2022): Over 31,000 sexual harassment cases registered
- A 2023 Deloitte report found that 52% women don’t report workplace harassment due
to fear of career harm
These numbers show the seriousness and scale of the problem.
11. Resolution and Recommendations
- Gender sensitization programs
- Making ICCs active and accountable
- Speedy justice and police reforms
- Stronger punishments and implementation of BNS
- Counseling and rehabilitation for victims
- Inclusion of men in the conversation to change mindset
Cultural shift is as important as legal reform.
12. Findings and Conclusion
Sexual harassment against women in India continues despite multiple efforts. Although
laws like the 2013 Act and BNS 2023 are powerful, implementation remains weak. It’s
clear that the problem is not just legal but also social. A multi-pronged approach—
education, legal reform, accountability, and mindset change—is the only way forward.
13. References/Bibliography
1. The Constitution of India
2. The Sexual Harassment of Women at Workplace Act, 2013
3. Bharatiya Nyaya Sanhita, 2023
4. National Crime Records Bureau Reports (2022)
5. National Family Health Survey (NFHS-5)
6. Vishaka v. State of Rajasthan (1997)
7. Apparel Export Promotion Council v. A.K. Chopra (1999)
8. Medha Kotwal Lele v. Union of India (2013)
9. Farha Naaz v. State of UP (2022)
10. Reports from UN Women India and Deloitte (2023)
