A Lawyer’s Guide To Handling And Addressing Street Harassment: Essential Tips For Women

While we are still seeking justice for the Kolkata rape case, another distressing instance of street harrasment came to light, deepening our concerns about women's safety during the day. In a disturbing incident, a woman is allegedly harassed by an Ola auto driver for ride cancellation. This scary incident took place in Bengaluru’s broad daylight on a busy street, sealing the fact that women are not safe even during the day. This incident has ensured that no one will come to save women in our country. Thus, women have to take charge of their safety. In light of these alarming cases emerging nationwide, we spoke with Niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co., and Jasmine Damkewala, Senior Partner at Circle of Counsels and Advocate-on-Record at the Supreme Court of India, to gain insight into safety guidelines for women facing street harassment. Keep reading to understand how you can ensure your safety on the road.

What Is Street Harassment?

Niharika Karanjawala-Misra, said, “Street harassment, or Eve teasing, while not specifically defined in those terms under the law, is provided for under section(s) 74 (assault or use of criminal force to woman with intent to outrage her modesty), 75 (sexual harassment) and 79 (word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita, 2023).”

Jasmine Damkewala, Advocate-on-Record, Supreme Court of India defined that, “This pervasive issue, commonly referred to as eve-teasing, is a form of sexual harassment that occurs in public spaces, often committed by strangers. It is essential to understand the legal framework and mechanisms available to combat this scourge.”

How To Report Street Harassment

Here are the measures you can take if you experience street harassment:

Niharika Karanjawala-Misra said, “If a woman experiences street harassment, she should immediately report the incident to the police station under whose jurisdiction that area lies; it is always preferable to make a complaint as soon as possible since delays in filing a complaint can often lead to weaknesses in the case so built.”

“A complaint to the Women’s Cell (how to make online space safer for women) of the police can also be filed either online or by calling the Helpline for Women in Distress, set up by the Ministry of Women and Child Welfare,” she added.

While a woman’s statement is sufficient to lodge a complaint and proceed with a prosecution, corroborating evidence such as the statements of witnesses, photographs or video evidence, if there is an opportunity to record it, will serve to strengthen a woman’s case. The law ensures the victim's right to anonymity and protection from retaliation.

Indian Laws Addressing Street Harassment

The Bhartiya Nyay Sanhita (BNS) provides crucial provisions to address street harassment. Section 75 outlines Sexual Harassment, Section 79 highlights the offence of a Word, gesture or act intended to insult the modesty of a woman, and Section 78 outlines stalking. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, although applicable to workplaces, extends its principles to public spaces.

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Legal Recourse And Protections Accessible To Women

Legal recourse includes criminal charges under IPC sections, civil suits for damages, and restraining orders. During the legal process, victims have the right to legal aid, support from NGOs, and anonymity. It is essential to raise awareness, educate bystanders to intervene, and support victims to prevent street harassment.

Prevention And Support

Jasmine Damkewala, Advocate-on-Record, Supreme Court of India highlighted that public spaces and businesses can play a vital role in preventing harassment by installing CCTV cameras, posting warning signs, and training staff to respond to incidents. In the event of harassment, victims should move to a safe location, call the police or NGOs, and document evidence. Navigating the legal system can be challenging, so seeking legal aid, consulting NGOs, and staying informed about the case's progress is crucial.

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With the rise of harassment cases, it’s a dire need to address women's safety issues in India. The horrifying Bengaluru harassment case and Indore rape case that took place in daylight ensured the fact that women have to take their safety into their hands. With the know-how of the legal support system, women can fight back against these threats.

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