In 1997, a popular Tamil weekly magazine interviewed some women lawyers of the Madras High Court. They spoke of the hurdles they had had to cross in their pursuit of the legal profession, including sexual harassment at the workplace.
The members of the Women Lawyers’ Association (WLA) were upset and wanted to take away the membership of those lawyers who had spoken to the reporter. They were upset by the facts disclosed in the magazine; not because they were untrue, but because if people at home were to read that, they would not be allowed to practise. At an extraordinary meeting, the lawyers who spoke to the magazine were expelled. The seniors who could not condone this action resigned from the Association. Status quo was comfort, it was not disruptive and was also protective of the men’s position.
Now you ask the women who say “MeToo”, why they didn’t speak out then. This is why many women did not. What happened in the WLA was 21 years ago. Silence was the only option available. Women could not be sure that even their women colleagues would support them.
Have things changed today? There is a change. When one spoke, many women have come forward to say #MeToo. But the change in the climate is still minimal. Even today, the woman is assaulted with many questions and comments: “Why did she keep quiet all these years?” “Did she not advance her career by saying yes?” “If it was consensual, how can she complain?”, and many more. But none of this takes away from the venality of the act of harassment. And a loud whinging goes on about how this naming and shaming is unfair to men.
What about the unfairness to women who did not know how to deal with this, who were afraid to tell their parents, who felt intimidated, who may have even abandoned their ambition to stay in a “safe” place? Many men (from age 100 downwards to 18 or so) think it is their entitlement. They think the girl is an object that had no right to protest and must remain mute. This entrenched notion of entitlement must go. Respect to women must permeate all actions, thoughts and speech.
Unequal position
As students of law, we read that consent in a contract is vitiated and not free if it is given out of undue influence. The law has not changed. Undue influence is when one party is dominant, and can exert pressure on the other, use his power by virtue of his position. Now examine the cases where the named and shamed party has pleaded it was all consensual, and decide for yourself.
At a public hearing of workers belonging to the unorganised sector, a woman asked, “When something gets lost in the house where I work, the employer gives a complaint and immediately the policemen come, and treat us like dirt. When we give a complaint that the employer has misbehaved with us, the police does not even receive the complaint. Please tell me Amma, is there a different IPC for the poor and the rich?” This question underscores how the gendered unfairness is layered by the class-caste factor.
While sexual harassment is an aspect of male power, the harassers can come in different hues, and not all of them are predators. The harassed too come in different hues, the woman labourer at a construction site is not in the same position and does not have the same tools as some of the women who have raised their voices recently. Does she even know she can complain? What is the remedy? The legal process moves slowly and it may be a long wait. Moreover, even if the charge is true, the woman may not be able to produce sufficient evidence to prove it, and the court will then have to acquit him. Even a gender-sensitive judge cannot convict without evidence.
We have to think out of the box and devise some innovative method. Two ideas I have. One, creators of every kind in the movie and television industry should refuse to work with a known harasser. A young group of gaana singers said they do not sing songs that offend a woman’s dignity. If they can, surely the richer ones must. The second idea is something like the Truth and Reconciliation process. The man must appear before the woman publicly at a meeting and truly say, “I did this to you. I am sorry. I know you deserve respect, forgive me.” And the woman should forgive him. It may not be easy. But when she faces the sincerely repentant man, it may be just the thing to do.
Who knows, if there are many such “I’m sorry” meetings, our society may also slowly cure itself of the malady and become an equality based, respect-driven society.
prabha.sridevan@gmail.com
