This article is written by Nainika Shivaram, a 3rd- year law student at MKPM RV Institute of Legal Studies, with a keen interest in Corporate law.
Introduction:
In many cases, it is not easy for many women to go about their business in public. People go for a walk after college, wait in line for a bus, wait in line for a doctor’s appointment, or simply wait in a crowd, sometimes encountering the fear of staring, stalking, harassment, unwanted touching or even violence. The learning achieved through these experiences has led to safety in public places being a significant legal and social issue in India.
Several laws have been enacted in India to ensure women’s security from violence, harassment and discrimination. The Constitution guarantees equality and allows the State to take special measures for women. While criminal law does recognise offences against women like sexual harassment, stalking, voyeurism and assault, it does not bring the solution by itself.
The question is, does such protections actually work when a woman does need it?
Women’s safety, therefore, can’t be ensured solely by legislation. It needs good policing, effective policing, easy access to the police, safe public infrastructure, knowledge of rights and a system that accepts complaints.
Constitutional Protection for Women:
Protection of women’s rights is provided in basic form in the Indian Constitution. Article 14 is about equality before the law and equal protection of the laws. Article 15(3) allows the State to make special provision for women and children, and Article 15 does not permit discrimination on the basis of sex. The right to life and personal liberty is guaranteed under Article 21.
The right to live with dignity is closely related to the right to safety, as if someone is perpetually denied access to a public space, due to fear, then they will not have the liberty to live with dignity.
Furthermore, Article 19 guarantees freedoms like movement across India; women should therefore be free from any unreasonable fear of harassment or violence while they are on the move, whether for working, studying or exercising their right to participate in public life.
The Constitution is clear: the issue of women’s safety is not only a social issue. It is linked to the rights of the people.
Legal Protection Against Harassment and Violence:
Indian criminal law has several provisions related to crimes against women. Section 74 of Bharatiya Nyaya Sanhita 2023 says that if a woman is “outraged in modesty” by means of an assault or the use of criminal force, then it will be a punishable act. Unwelcome sexual overtures, demands for sexual favours, showing pornography without a woman’s permission, sexually coloured remarks are specifically covered in section 75.
The BNS also considers voyeurism to be covered by section 77 and stalking under section 78. With regards to the public spaces, these provisions are especially applicable when the harassment occurs in a setting where it is likely to start with less serious acts that can escalate into serious threats or violence.
In sum, these provisions illustrate the law’s recognition of various types of actions that may endanger a woman’s dignity and safety.
It is crucial that these are in place, but whether they will be effective or not will depend on whether the victim can access them.
The gap between the law and enforcement:
The disparity between legal protection and enforcement is one of the major challenges.
A law may make it clear what is an offence, what punishment to be imposed, but at the end of the day, it is still the victim who will have to report the offence, approach the police and participate in an investigation. Women may not report offences for fear, embarrassment, social pressure and for them to assume blame.
Women sometimes also may not be certain if there is enough substance to make a complaint. That’s why it’s crucial to know about the law.
Police response is also a factor. A woman who approaches the police should feel respected and complaints should be investigated properly. Vulnerability to the complaint, and a tendency to wait or ask questions that are insensitive or that are dismissed, can prevent the victim from bringing the complaint forward.
Enforcement, therefore, needs laws as well as trained police officers and proper investigation procedures, accountability and victim-sensitive mechanisms.
The Importance of the Vishaka Guidelines:
One of the significant advancements in the matter of legal protection of women was the Supreme Court’s judgement in Vishaka v. State of Rajasthan.
The case came in the backdrop of the sexual assault of Bhanwari Devi, a social worker who was trying to stop child marriages in the state of Rajasthan. The petition filed before the Supreme Court was about the rights of working women against sexual harassment in the workplace. There was no comprehensive law at that time which dealt with sexual harassment in the workplace.
In the absence of legislation the Supreme Court recognised sexual harassment as a violation of women’s fundamental rights, including those relating to equality, life, liberty and dignity, and also laid down Vishaka Guidelines to prevent and redress sexual harassment at the workplace.
These guidelines ultimately resulted in the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Vishaka was not a case involving intimidation in public places, but it highlighted the importance of the three elements of constitutional rights, judicial intervention and institutional responsibility protecting women.
Public infrastructure and women’s safety:
With the exception of legal enforcement, public spaces cannot be made safe.
Safety is also influenced by the design and functioning of public spaces. Women may be at a higher risk if the streets are not well lit, if their bus stops are not located in groups, if public transport is overcrowded, if footpaths are broken or if public toilets are poorly maintained.
Therefore, safety needs to be taken into account during planning cities and transport systems.
Street lighting, CCTV systems, emergency helplines, having police on the streets and making the public transport safer can make a difference. But, they need to be properly maintained. A camera that doesn’t work, or a quick response emergency helpline are not very effective.
The experiences of women should also be taken into account in the planning of infrastructure by public authorities. Conditional Safety Audits, that include women and local communities, can assist with determining areas of higher risk where harassment or violence may occur.
Technology as a tool for safety:
Technology can also be used to help women in the event of an emergency.
Mobile apps, emergency helplines, location-sharing apps and CCTV networks can aid in a quicker response. They may also be able to use digital evidence, such as CCTV footage or messages, to help with investigations.
But technology is not the answer to everything! Monitoring systems should be appropriately implemented and treated with respect for privacy. There should also be ways for women to safeguard themselves from the misuse of their personal information.
The tool of technology is good, if a responsive legal and policing system is in place. It can’t take the place of one.
The role of the police and other public authorities:
Institutions are the first step in effective enforcement. Complaints should be regularly trained to be handled by police officers in a gender sensitive manner. They should know the various ways in which harassment can occur and record and investigate complaints in line with the law.
There are particular provisions also in the criminal procedure framework for offences against women. However, provisions such as this are vital as the initial contact with the CJ system can be important in determining whether the complainant feels able to pursue the complaint, as the information relating to certain offences against women is to be recorded by a woman police officer or woman officer.
Public authorities have a responsibility to keep public transport systems and public infrastructure safe.
It’s also crucial to have the element of accountability. When repeated complaints or known safety concerns occur and do not result in appropriate action by authorities there should be mechanisms available to address the failures.
The objective should not be to make laws more, not just more.The objective should be not just more laws, but more laws. It should provide an environment where a woman can seek help, receives timely action and can be assured that her complaint will be listened to.
Building awareness among women and the society:
Women should make themselves familiar with the law and the avenues for lodging complaints for offences. Women should be aware of the definition of harassment and where they can get help by attending legal awareness events in school, colleges and workplaces.
In the meantime neither can all the responsibility be laid at the door of women.
The response of society to harassment is to tackle the behaviour that leads to harassment. They need to learn from the beginning to respect, consent and equality. Men and boys should also be included in discussions on GBV.
The threat of harassment should not be used as an excuse for women to change their behaviour, such as in a change of clothing, mode of transport, or how they use public space. Ultimately, it’s everyone’s responsibility to stop harassment, including those who commit it, and institutions that are tasked with public safety.
Conclusion:
Security in public places is about freedom, dignity and equality for women.
Important legal frameworks have been created in India under constitutional guarantees, criminal laws and judicial decisions. However, the presence of laws doesn’t make things safe. The true test of legal protection is if it is effective when a woman is at a bus stop, on her way home from college, on a street or calling for assistance after an incident.
The emphasis needs to be placed on how the laws can be effectively enforced, rather than just making the laws.
Responsive policing, adequate infrastructure, complaint systems, law awareness, and responsible technology and social accountability are some of the pillars of safer public spaces. First and foremost, women should be able to use public spaces without having to constantly assess if a space, time or situation is safe for women.
Real protection in the legal system is not one in which women are just told to accept protection. It is one in which they can live the protection in their daily life.
