Eve teasing

October 15, 2024

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This article is written by Shivani Verma, and further updated by Shreeji Saraf. This article aims to provide an in-depth view of the problem of eve teasing. It also focuses on other important aspects like the causes of eve teasing, what impact it has on women and the legal frameworks that are present for this issue. Additionally, it lays down the psychological reason behind eve teasing and the precautions one can take to avoid the act of eve teasing.

Table of Contents

Introduction

Women all around the world are the daily victims of the act of eve teasing or sexual harassment in one way or the other. Eve teasing can be referred to as a type of Sexual harassment for women. Strangely women have to face these kinds of offences at workplace even. The Supreme Court has even enumerated certain guidelines related to the sexual harassment at work place. The form in which eve teasing can take place or constitutes verbal and physical acts. These acts can even take the form of casual touch, whistling, humming a song etc. This act is often considered as a gender based crime. It’s really sad to notice an increase in these types of crimes on a daily basis in a world where countries are developing and people are educated.

What is meant by eve teasing

An act of eve teasing is said to have taken place when an unfavourable or inappropriate comment is directed at a woman in a public place. Public places would consist of public vehicles, streets, malls, etc. The meaning of eve-teasing has not been described or mentioned in the Indian laws. From this, it can be inferred that it is holding the woman who is the victim herself accountable.

Eve teasing can be defined as when any act of physical violence or sexual harassment takes place on women either verbally or through vulgar signs. The term eve teasing can also be taken into account as harassment of women. In South Asia, eve teasing is used as a substitute term or word for sexual harassment of women that takes place in public places by men.

Eve teasing meaning in Hindi

In Hindi eve teasing is known as “chheda-khaanee” or “छेड़-खानी”.

History behind eve teasing

During the 1970’s, the problem of eve teasing received public and media attention. In the later period, more and more women started becoming independent. They often started going to places of work, colleges, etc., which meant that they were no longer accompanied by males, which was considered as a norm in the traditional society.

There was a growing concern about the social issue of eve teasing, which was growing at an alarming rate. There was an urgent need, and the Indian government felt that it was extremely important to take strict measures to stop these acts of eve teasing. To address this, they enacted both judicial as well as law enforcement methods in that favour. Various attempts were made to make the police aware and understand the importance of why there was a need to make these acts stop.

Steps taken by police

Some of the initiatives that the police officials took to curb the acts of eve teasing were that women officers started to dress as common people so that the offenders would not be able to recognise them, and in case they attempted committing eve teasing, such officers would take action against them. In certain states, the police also took several other measures in this regard. The police set up dedicated women’s helplines in various cities, and special police cells and various police stations were staffed with women.

Due to fear of reprisals and exposure to public shame, many cases are left unreported. In the year of 2008, a boy who was 19 years of age was grabbed for making obscene and vulgar comments to the females who were passing by. As a result, the Delhi Court passed an order that instructed the youth to give out 500 handbills outside schools and colleges, as a form of punishment for his indecent conduct.

Steps taken by State Governments

Due to changing public opinion against this practice, a lot of women came forward to report about this issue in this period. But in some cases, these incidents became more grievous. There was a rise in the number of cases related to acid throwing, because of which states like Tamil Nadu declared it a non-bailable offence.

The number of women’s organisations increased at an alarming rate. Reports related to bride burning increased during 1970. To change the lenient attitude of people towards offences related to women, many laws were implemented, such as the Delhi Prohibition of Eve teasing Bill, 1984.

A case was reported in 1998 where a female student, Sarika Shah died. This resulted in the implementation of some tough laws to counter this issue. Four men were assaulted by a female student of Maharaja Sayajirao University because they had made some vulgar and obscene comments about a girl who was residing in the SD hotel.

Legal provisions related to eve teasing

Bhartiya Nyaya Sanhita, 2023

The Bharatiya Nyaya Sanhita, 2023 (BNS) (which replaced the Indian Penal Code, 1860) contains several provisions to protect women against gender-based crime. The commission of those acts or any conduct which harms or injures the pride or dignity of women are dealt with by sections of BNS. Section 296 and Section 79 of BNS (earlier, it was Section 294 and Section 509 of IPC, respectively) are two sections related to this.

Section 296 of Bhartiya Nyaya Sanhita, 2023

If there is any commission of an act in a public place which is obscene in nature like singing, reciting or uttering any obscene song or word, and the occurrence of such acts leads to annoyance for any other person, it will amount to an offence as per Section 296 of BNS. The mentioned Section makes it mandatory for the offender of such acts to be punished.

The prescribed punishment for such offence as per this Section is imprisonment which may extend up to 3 months, or a fine extended up to the amount of thousand rupees or both. This Section does not mention any specific gender as the offender or the victim, so both males and females can either be the victim or the offender. The penalty that is to be imposed will depend on how serious the offence is. It is a cognizable and bailable offence, and it can go for trial before any magistrate.

Section 79 of Bhartiya Nyaya Sanhita, 2023

If any person commits any act, expresses any such word or displays or uses any such gesture with an intention to cause injury to the dignity or modesty of women, then such person shall be punished under Section 79 of BNS. This section is also referred to as the eve teasing section.

After going through this Section, any person can conclude that the main intention behind the legislature for introducing this provision or Section was to protect the dignity of women, and if anyone commits such an act that results in the injury of the modesty of women, shall be punished.

This Section provides the punishment for an offence under this Section, which is imprisonment, which may extend to three years and a fine. The penalty that is to be imposed will depend on how serious the offence is.

The offence under this section is cognizable and bailable in nature. This section can be tried by any magistrate. However, it should be kept in mind that this Section will be applicable only if there is an intention on the part of the offender to insult or hurt the modesty of a woman.

Vishakha guidelines related to eve teasing

It was in 1997 when the Hon’ble Supreme Court laid down the Vishaka guidelines in the case of Vishaka vs. State of Rajasthan (1997). These guidelines made it mandatory for organisations, be it public or private, to set up a mechanism where sexual harassment complaints could be entertained. It was these guidelines that ensured that such a type of environment is established at the workplace which is safe for the women working in that particular office or organisation. These guidelines were implemented to ensure the safety of women in the workplace.

When this incident took place, during that time, there were no laws that existed that would ensure the safety of women at workplaces. No proper legislation existed that would punish the offender who was involved in the acts of eve teasing and sexual harassment. Most of the offenders used the laws that existed at that time to their advantage.

After this incident, many groups of women took to the streets to express their concern and regard for the existence of laws that would ensure their safety at the workplace and punish the offender. They demanded proper legislation that would stop the abuse and mistreatment that women faced in the workplace. There was an increase in the number of crimes against women, and the urgent need for new rules or laws was considered extremely important.

The court, while laying down the Vishaka guidelines for the first time, referred to the Convention on Elimination of all Forms of Discrimination against Women (CEDAW). The guidelines even laid down that it was the duty of the employer to ensure that awareness is spread regarding the safety of women and rules relating to sexual harassment. Guidelines not only laid down these but even stated that a safe work environment should be created and ensured by the organisation for its female employees or workers.

In Vishaka vs. State of Rajasthan (1997), the Supreme Court provided us with guidelines on the acts that would amount to sexual harassment. These acts include:

Either directly or indirectly, if there is unwelcome sexually determined behaviour,
If there is any type of physical contact or advances,
If any person calls for or dictates for sexual favours,
It includes sexually coloured remarks,
Any other type of physical, verbal or non-verbal conduct which is of sexual nature will amount to sexual harassment.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

By implementing and enforcing the Vishaka Guidelines, the Supreme Court ensured and mentioned that workplaces and people who are in higher authority or positions have a responsibility to maintain the dignity and equality of the women working there. The workplaces and institutions were asked to follow three key requirements, i.e., prohibition, prevention and redress.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (also known as the POSH Act), was enacted in the year 2013. The main objective of the Act was to ensure that women in the workplace do not have to face any type of sexual harassment. If any woman faces any type of sexual harassment, this Act also gives a right to the women of civil remedy.

In the case of State of Maharashtra vs. Abrar Noor Mohammad Khan (2022), the victim was a 16-year-old girl, and she filed a complaint against a boy who belonged to her neighbourhood under Sections 354, 354D, 504 and 506 of IPC (presently Section 74, Section 78, Section 352 and Section 351 respectively) and under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The accused was charged with passing comments to the victim and addressing her as an “item” in the comment. The boy had even pulled the hair of the girl, which clearly indicates that he had the intention to outrage the modesty of the girl.

The court further added that in order to bring a case under the POCSO Act, it is essential to establish that she is a child as per the definition mentioned under Section 2(d) of the POCSO Act. Thereafter, the court obtained the birth certificate of the victim, from where it was clear that she was a minor and a child as per the definition. The convict was punished under Section 354 of IPC and Section 12 of the POCSO Act.

Legal redress

The old IPC has now been replaced with the Bharatiya Nyaya Sanhita, 2023. Thus, victims can seek recourse under Section 296 of the BNS, 2023 which states that a man will be held guilty if he makes a girl or a woman target of obscene gestures, remarks etc. However, The law does not provide us with a definition of eve teasing.

As per the provisions of Section 294 of BNS (earlier Section 292 of the IPC, 1860), if a person displays or views any pornographic or obscene pictures, books or papers to a female, that offender shall be punished with a fine of Rs. 5,000 and imprisonment which shall extend up to 2 years. If the offender has committed this offence the second time, he will be liable for imprisonment of up to 5 years along with a fine of up to Rs. 10,000.

The punishment against sexual harassment has been made an expressed offence under the provision of Section 75 of BNS (earlier Section 354A). Sexual harassment can be defined any act any unwelcome sexual behaviour which could compass from misconduct to the most serious type offence. As per the provisions of this Section the offender shall be punished with imprisonment, which shall extend up to 3 years and a fine or even both.

Furthermore, Eve Teasing (New Legislation) 1988 was also proposed by the National Commission for Women (NCW). It was aimed at serving as a base for gender-based legislation to protect women from eve teasing and sexual harassment. However, it was not enacted. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law that was inspired by the previously mentioned legislation. It provides for the protection of female workers from various forms of sexual harassment, including eve teasing, in the workplace.

Types of eve teasing

Before 2013, the scope of the law on sexual harassment was narrow. Earlier, it included Section 294, Section 354 and Section 509 of the Indian Penal Code, 1860 (presently Section 296, Section 74 and Section 79 of BNS, respectively). But after the passing of the Criminal Law (Amendment) Act, 2013, it also includes disrobing under Section 76 of BNS (earlier Section 354B of IPC), Voyeurism under Section 77 of BNS (earlier Section 354C of IPC) and Stalking under Section 78 of BNS (earlier Section 354D of IPC).

Types of eve teasing	Sections of BNS	Details	Punishment	Classification of offence
Obscene acts and songs	Section 296	If there is any commission of an act by any person towards another in a public place which is obscene in nature like singing, reciting or uttering any obscene song or word and the occurrence of such acts leads to annoyance for any other person will amount to an offence	Imprisonment that shall be extended up to a maximum period of 3 months or with a fine which may extend up to rupees thousand or both.	Bailable and cognizable offence.
Outraging the modesty of a woman	Section 74	If any person assaults or uses criminal force against a woman and does this intentionally in order to outrage the modesty of a woman.	Imprisonment that shall be of a minimum of 1 year but may extend up to a maximum period of 5 years and a fine.	Non-bailable and cognizable offence.
Insulting the modesty of a woman	Section 79	If any person commits any act, expresses any such word or displays or uses any such gesture with an intention to cause injury to the dignity or modesty of women, then such person shall be punished	Maximum 3 years imprisonment and fine.	Bailable and cognizable offence.
Sexual harassment	Section 75	If any individual shows any pornographic material to a woman that is against her will or the offender passes any negative comments or asks for a sexual offence, this offence that the offender has committed shall amount to sexual harassment.	Imprisonment that shall be of a maximum of 3 years or a fine or both. In case of sexually coloured remarks, the punishment is 1 year of imprisonment or a fine or both.	Non-bailable offence and cognizable offence.
Disrobing	Section 76	If any person attempts to use any criminal force against a woman with the intention either to disrobe her or compel her to be naked, then he will be held accountable under this section.	Imprisonment of a minimum of 3 years but it can be extended up to 7 years and a fine.	Non-bailable and cognizable offence.
Voyeurism	Section 77	If any person spies on another person who is engaged in either intimate behaviours, acts of undressing, sexual activity, or any acts that are considered private in nature, then he will be held liable under this Section.	Minimum 1 year imprisonment but can extend to 3 years and a fine.For subsequent conviction, the punishment shall be of a minimum of 3 years imprisonment but can extend to 7 years and a fine.	Bailable offence.In case of a subsequent offence, it is non-bailable and cognizable in both cases.
Stalking	Section 78	If a man follows or contacts a woman despite several indications of disinterest by her, then he committed an offence under this Section. It can be both physically and electronically.	Maximum 3 years imprisonment and a fine.For subsequent conviction, the imprisonment shall be up to 5 years.	Bailable offence.In case of a subsequent offence, it is non-bailable and it’s cognizable in both cases

Further, there are also other special legislations like the POSH Act, which specifically punishes sexual harassment under certain specified circumstances, as discussed above. However, BNS being a general Penal Code, provides for such offences of eve teasing in general.

Public response

After the rise of eve teasing cases in 2002, organisations and movements like Nirbhay Karnataka (also known as Fearless Karnataka) spread across India. Nirbhay Karnataka is a type of coalition between many individuals and groups including Alternative Law Forum, Blank Noise, Maraa, Samvada and Vimochana, which organised various public awareness campaigns, including projects like Take Back the Night. The Black Noise project was started in 2003. In 2008, a programme to fight eve teasing was also hosted.

A steering committee was introduced by the Department of Women and Child Development to arrange and assemble the city for the Commonwealth games that was to be held in 2010. A great initiative was taken up in Mumbai when it introduced a separate special compartment for women where they could travel without any fear of eve teasing and the compartment was named the ‘Ladies Special’. Even in metros separate coaches had been introduced for women.

Eve teasing faced a lot of criticism from the media and social media websites like Facebook. There have been a lot of movements on the same, including the #MeToo movement that covered both the sexual assault victims and the eve teasing victims. #MeToo movement was the one where awareness about the issue of sexual harassment was spread. It helped many women to come out and share their horrible experiences regarding the same.

Eve teasing as a civil wrong or criminal wrong

The act of eve teasing is contemplated as a civil wrong as it has been noticed that this act not only causes a physical injury but also causes mental harm and injury to the victim. This act has been considered a trespass, an intrusion or invasion into the right to privacy and dignity of women. At the same time several provisions have also been mentioned in the Bharatiya Nyaya Sanhita, 2023, that describe eve teasing.

Eve teasing is basically an attitude or a mindset that is depicted by a particular set of behaviours. In the case of Dy. Inspector Gen. of Police vs. S. Samuthiram (2012), the Apex Court states that eve teasing is a conduct that also attracts penal action, but this is only seen in one state, which is the state of Tamil Nadu, as they have a specific legislation to deal with it, namely the Tamil Nadu Prohibition of Eve-Teasing Act, 1998.

In 1998, a woman died due to eve teasing which led the government to bring an ordinance which is known as the Tamil Nadu Prohibition of eve teasing Ordinance, 1998. The government holds the view that eve teasing is an evil that needs to be eliminated from society, so the State Government of Tamil Nadu enacted the particular Act. This act provides the definition of eve-teasing.

According to this Act, eve teasing means that a person whose conduct is of such a nature that in turn tries to outrage the modesty of the woman and such an act even tends to cause fear in the mind of the woman or even cause nuisance assault or force used against the women then this will be known as eve teasing. The scope of eve teasing was broadened by including places like educational institutions, temples, places of worship, bus stops, roads, railways, etc. Eve teasing would be considered a crime if it happens at one of these mentioned places. Hence, it can be said that eve teasing is a civil wrong as well as a criminal offence.

Eve teasing as violation of the right to privacy

The act of eve teasing is also considered constitutionally immoral because it violates an individual’s right to privacy by interfering with her personal life. It is also a violation of the fundamental right to life that is provided to us by Article 21 of the Indian Constitution because it not only affects the dignity of a woman, but it also affects her self-respect.

Effects of eve teasing

Plight of women

The outcome that a woman has to face because of the problem of eve teasing is devastating. It not only affects their emotional well-being but can also cause emotional trauma to the person. This often leads or results in their low self-esteem, and they are scared to go out in public places. Women don’t feel safe going out in the public. In addition to this, women set certain boundaries, like they avoid working late at night. In this way, restrictions are put on their freedom. Women also change the way they dress themselves.

Impact on society

There is an ongoing concern with the increase in eve teasing activity. Society half of the time puts an easy target on women and clearly specifies that they are to blame for these actions. They treat this act as harmless and no seriousness is shown towards these acts. The mindset that people have regarding this issue needs to be changed. As a society strict actions should be taken and this is a serious matter and not a matter of joke. It in turn harms the dignity of the women.

Eve teasing can, in the worst-case scenarios, become the first step to many of the heinous crimes. The female may start with being eve teased before it turns into crime like acid attack, rape, kidnapping, etc. It starts with small steps and actions, like eve teasing, stalking, mild harassment and then increases to a much larger scale when not stopped in time. For example, when a male approaches the female and the female in return starts threatening the male, this hurts the male ego. As a consequence of this, the perpetrator then starts following this female and may end up kidnapping that female or worse.

There have been several attempts or efforts in the sphere of making laws but its proper implementation also should be taken into account. An awareness needs to be spread on the issue of eve teasing and, on the other hand, people need to be educated on important topics like consent is an important factor, gender equality, etc. Making an environment and society where women are safe and respected.

Psychology behind eve teasing

Any woman who steps out of the house in some way or other is at the risk of facing the problem of eve teasing. Be it any place like movie halls, public transportation, workplaces, roads etc., in one way or the other, any form of eve teasing takes place. In certain situations, when men have asked a particular female about their phone number, and they don’t get it, this hurts their male ego. For example, at a party, a girl has gone with her group of friends to celebrate something, and many times it has happened that men approach the girl and ask them for their number. Men even try to talk to them but when they don’t get any response in return. It seems to happen that their pride has been hurt, and in their ego, they try to threaten the women. This could lead to an act of eve teasing.

This problem of eve teasing is becoming more common in today’s society because one of the major reasons being people having a lack of knowledge or education. Gender inequality still exists in the present society and can even be one of the reasons behind it.

Taking into account the present time, it has been that cinemas and TV shows have a great influence and impression on people’s minds and it has been observed that under such impression or influence, men seem to have treated women as their personal objects or commodities.

Illustration in popular culture

Showcase in movies where a boy at first tries to flirt with the female which is accompanied by the song and in turn the girl surrenders herself to the boy, it often instigates young men to follow it as an example. Even the term roadside Romeo was also used in the film Roadside Romeo (2007).

It is also depicted in popular culture that if a girl is in trouble and is teased by boys then the hero comes and fights with them to save the girl. These kinds of illustrations are displayed in Bollywood movies like Kabir Singh, Animal, Main Tera Hero, etc.

Eve teasing complaint

The person who has been the victim of the act of eve teasing should immediately approach the police station that is near to her or the women’s police station to lodge the FIR (First Information Report).It would be pertinent to note that in case FIR is lodged the victim is provided with a copy of the same. On the other hand, the victim also has a right and a responsibility to take the copy of the FIR after it is registered.

Since the victim is a woman, she can also ask the police to come to her home and make further inquiries regarding the incident. The victim can also call 100 (police control room) or 1091 (women’s helpline number) at the time of the incident.

For better protection of women and assault victims, a provision of zero FIR has been introduced, as per which the police officials cannot deny the registration of FIR even if the concerned matter doesn’t fall within the jurisdiction of the police station. With the provision of zero FIR, later on, the complaint can be transferred to the police station in which the appropriate matter falls. Section 173 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (earlier it was covered under Section 154(1) of the Code of Criminal Procedure, 1973) covers the provision of zero FIR. This concept was introduced in the cruel case of Nirbhaya gang rape in Delhi in 2012 and it was under the guidance and direction of the Justice Verma Committee.

Eve teasing complaint letter

A letter can be written to the police superintendent or any officer in charge of the Police station against eve teasing in the concerned area. A sample complaint letter is given as follows:

To,

Superintendent of Police

New Delhi-110052

Sub: Complaint letter against eve teasing in the town

Respected Sir,

I am Shivani Verma from the Ashok Vihar area. Recently, there have been a lot of incidents of eve teasing in our area by local men. Those men usually use vulgar words against the women or pass indecent comments. Women feel insecure in our area. Yesterday, this happened to my neighbour who was coming back from her college. Please think about this because this problem is increasing at an alarming rate.

So, here I am requesting you to allocate more police force in this area and take strict action against this issue.

Yours Sincerely,

Shivani Verma.

The victim can then also attach their contact details in the letter or even add any evidence (photo and otherwise) to make it even more convincing. For those wanting to report anonymously, emails would be better but even letters can do that. They just have to either mention in the letter they want to remain anonymous or post it without adding much detail about themselves.

Other than that, eve teasing complaint letter can be written to an editor of a newspaper. Following is the sample for the complaint letter:

The Editor,

The Times of India,

J.P. Road,

Delhi

Date: 5 September 2024

Sub: Problem of eve teasing is increasing at an alarming rate in our city.

Sir,

I am writing this letter to express my deep concern regarding the problem of eve teasing in our city. While commuting school girls and college-going girls feel very insecure. Rowdy boys often pass indecent comments due to which girls have to feel embarrassed.

The problem of eve teasing is not only restricted to some places but this problem is everywhere on roads, on buses, trains, auto-rickshaws etc. After the implementation of so many laws still, girls are not safe in our city. There should be frequent patrolling by the police in the public areas.

An active role should be played by society in order to curb the evil of eve teasing. If any eve teaser tries to tease a girl then people should immediately come forward and help her. With the help of people, this problem can be solved easily and efficiently. I hereby request the concerned authority to look into this matter and do the needful.

Thanking You.

Yours truly,

Shivani Verma.

Online complaint

The online complaint can be registered with the help of several women’s helpline numbers and email IDs that are available online. Contact details for online complaints of eve teasing and other gender-based crimes through the National Commission for Women are given below:

Type of Contact	Contact detail
24/7 Helpline number	7827-170-170
NCW Complaint & Investigation Cell email ID	[email protected]
NCW Legal Cell email ID	[email protected]
NCW RTI Cell email ID	[email protected]
NCW NRI Cell	[email protected]
NCW North East Cell	[email protected]
Central Social Welfare Board -Police Helpline	1091/ 1291, (011) 23317004

How to stop eve teasing

The offender of the acts of eve teasing must be made aware of the outcome of his acts. These acts can be stopped by way of making people educated about the laws that exist in this regard. In this aspect the technology can be of great help in reducing the number of cases, the person can set SOS numbers of the close ones on his/her phone.

If an individual knows different ways to save and protect themselves in these kinds of situations then the cases of eve teasing can be reduced. The different ways to protect oneself can include self-defence training, an individual can carry tools like pepper spray, pocket knives, one can share their live location with their family members through apps which exist. Through these apps the live location of the person is shared for the whole day and they can know where that individual is.

Strict, stern and harsh laws should be enacted and enforced so that a person does not even think of committing such types of offences. The government can impose a high amount of penalty for the offenders of eve teasing. Many countries like UAE provide a stern punishment for such acts and the prescribed punishment is one year of imprisonment with a fine of Dh 100,000 (22,82,855 in Indian rupees) to deter people even thinking about committing such acts.

Investigation in eve teasing cases

Once the victim files an FIR regarding eve teasing at the nearest police station, an investigation into the incident is started almost immediately. It would be preferable if the victim first contacts the women’s helpline number i.e., 1091 for help. This is assuming that the victim will feel more comfortable since she would be addressing the issue to a woman over the phone. After the FIR has been registered in the police station the victim or the complainant shall be given a receipt of the same.

Precautions or measures to stop eve teasing

People should be taught about gender equality and made aware of it. They should be taught how to respect a woman and not to do any such act that causes harm or derogates the dignity of a woman. Further, women should be acquainted with self-defence since it comes in handy in such situations. Women should carry pepper spray, pocket knives or any such safety things with them if they are travelling late and alone. They should avoid taking dark and desolate streets at night.

There are certain measures or actions that the government and the people can also take. They can spread awareness related to what is eve teasing. This can be done through posters. There are more steps that can be taken like adding more street lights on the roads and gardens, making patrolling of police more common in high crime areas of the cities, etc. Even people taking a proactive stance in situations where others are eve teased instead of ignoring it would help lessen such cases a lot.

Many women are still scared to report the issue of eve teasing. There is a high need for change in the attitude and behaviour of men because the way a woman dresses cannot lead to such acts of men. The education system should be incorporated with such knowledge and values that teach morals to the people. There are laws for eve teasing that exist; proper implementation and enforcement should be regulated so that there is a decrease in the number of cases against women.

Eve teasing statistics

The National Crime Record Bureau (NCRB) provides us with crime statistics for 2023. The total of crimes against women was recorded to have increased from 3,71,503 cases in 2020 to 4,45,256 cases in 2022. The statistics of acid attack cases that were reported in India in 2002 was about 202 and 71 cases of attempted acid attacks. In 2023, 28 thousand complaints were received regarding crimes against women.

Relevant case laws

State of Kerala vs. Hamsa (1988)

In the case of the State of Kerala vs. Hamsa (1988), the accused was winking his eyes inappropriately at a woman and it was noticed by other people present there. This act was insulting to her modesty. The court held that even if those gestures were not noticed by any other people except the woman, it would still amount to an insult to her modesty as she had no intention to reciprocate these actions. The accused had, therefore, committed an offence and was held liable under Section 354 IPC (Section 74 of BNS) since he was also caught holding the arms of the woman which was an obvious act of assault to outrage her modesty.

Mrs. Rupan Deol Bajaj vs. Kanwar Pal Singh Gill (1995)

In the case of Mrs. Rupan Deol Bajaj vs. Kanwar Pal Singh Gill (1995), the Supreme Court held that to ascertain whether the modesty of a woman was outraged or not will depend solely upon the action of the offender. This is the ultimate test to establish an offence under IPC (now BNS). The action should be capable of shocking the sense of decency of a woman. Keeping this view in mind, the act of Mr Gill by slapping Mrs Bajaj on her posterior amounted to outrage at her modesty because this act was not only abusive to the normal sense of feminine decency but also an insult to the dignity of a woman.

Santha vs. State of Kerala (2005)

In Santha vs. State of Kerala (2005), the court held that if a man exposes his private organs to a woman in an indecent way, uses obscene words with the intention that the words would be heard by the woman or tries to show her his obscene drawings, then he will be held liable under Section 509 IPC (Section 79 of BNS).

Emperor vs. Tarak Das Gupta (1925)

In Emperor vs. Tarak Das Gupta (1925), the accused posted a letter to an English nurse with whom he was not acquainted. The letter contained indecent overtures. The court held that the accused intended to insult the modesty of the nurse and was thus held liable.

Sabyasachi Dutta vs. State of West Bengal, (2023)

In the case of Sabyasachi Dutta vs. The State of West Bengal, (2023) the Calcutta High Court repealed all the proceedings that were ongoing against the petitioner and stated that the case does not consist of sufficient substantial evidence. If the proceedings are allowed it would amount to misuse of the legal process. In this particular case the court even cited the judgement of Tarkeshwar Sahu vs. State of Bihar (2006) which was laid down by the Supreme Court. In the above mentioned case certain essential conditions that were required to be proved to constitute an offence under Section 354 IPC (Section 74 of BNS) was cited. It was stated that culpable intention is one of the important factors. It is not necessary that there would always be a reaction on the part of the women in such cases but it does not mean it is decisive. Any individual who has used any kind of criminal force to outrage the modesty of women has committed the offence.

Conclusion

The problem of eve teasing is still prevalent in our society, and this issue has become of grave concern now. Laws should be enacted, implemented and enforced properly. There should be mechanisms which ensure that laws are being enacted and followed strictly.

Police officials should take immediate and stern steps regarding this issue whenever the complaint has been lodged at the respective police station. This issue of eve teasing has become one of the alarming issues and strict action should be taken against it. Although there are punishments laid down in the Indian laws, it should be considered as one of the serious offences.

Frequently Asked Questions(FAQs)

What is the mentioned punishment of eve teasing?

The punishment for eve teasing is 3 months of imprisonment or a fine or both. This punishment is mentioned under Section 296 of BNS. If there is an occurrence of any acts or any of the words spoken in public which are obscene in nature, it shall be dealt with according to Section 296 of BNS. The mentioned Section makes it mandatory for the offender of those acts to be punished.

Is the problem of eve teasing becoming a social issue?

The problem of eve teasing is becoming a social issue and more of a concern even. This issue has an impact on women of all ages. This act of eve teasing can even lead to some severe crimes like rape, assault etc. There should be stricter laws that need to be implemented.

What are some examples of eve teasing?

Some of the examples of eve teasing are passing inappropriate comments, staring, stalking, etc. These acts of eve teasing can even lead to an increase in the severe crimes like sexual harassment, assault, rape, acid attacks, etc.

How can one prevent themselves from the act of eve teasing?

Any person who is the victim of eve teasing can raise their voice if the indecent act takes place in public places. Awareness should be spread about the issue and, in severe cases, one should immediately dial the police helpline number.

What are the forms of eve teasing?

There are basically two forms of eve teasing namely verbal and non-verbal. The verbal form would include passing vulgar comments, sexually coloured remarks etc and the non verbal would include stalking, whistle blowing, gestures which are obscene in nature etc.

What are the effects of eve teasing?

Victims of eve teasing face not only physical pain only but also emotional and mental trauma. These victims often try to limit themselves like not travelling at night and in certain cases families even tend to put restrictions on them.

References

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