#METOO

MOVEMENT AND
IT’S LEGAL
CONSEQUENCES
By Goura Prasad Das
1982126
 INTRODUCTION
#MeToo has breathed a new life into women’s movement and especially into understanding sexual harassment, abuse and assault.
It has galvanized activists as well the judiciary around the globe.
Sexual harassment, abuse and assault may occur within the organizational context or beyond, but the abuse in particular has been
legally labelled an organizational phenomenon.
The movement founded by Tarana Burke against the sexual violence which became a global phenomenon when popularised by
celebrities throughout the world.

With the prevalence of this movement, it provided a platform to voice their experiences with abuse and assault as well as raised
questions about limitations regarding to the spectrum of legal justice available for the survivors.
These movements haven’t only given survivors a forum to discuss their experiences, they have also raised important questions
about civil and criminal status of limitations and the scope and the authority of non-disclosure agreements.
THE RISE:
This #MeToo movement was
initiated in 2006 by a social
activist and community organizer
Tarana Burke against the dire
concern of masses on the matter
of sexual abuse and harassment in
United States of America. The
idea of ‘Empowerment through
empathy’ was behind the #MeToo
movement.

 Later on, the movement

regathered the fame after
#MeToo was tweeted by US
actress Alyssa Milano against
the former American producer
Harvey Weinstein.
 METOO MOVEMENT IN INDIA:
In response to #MeToo, there have been attempts to teach Indian women about workplace rights and safe reporting, as well as
educate men about the scope of the problem. Some have likened #MeToo to a 2012 social movement which followed a
violent gang rape in New Delhi that later resulted in a woman's death, which caused the Indian government to institute harsher
punishments for rape.

 On September 27, 2018, former actress Tanushree Dutta accused Nana Patekar of sexual harassment, which was the
catalyst of the "Me Too" movement in India. The accusation by Dutta stirred a row of accusations from many women in
industries including media and politics.

 In October 2018, the Minister of state for External Affairs, MJ Akbar was accused of sexual harassment by several female
colleagues through the 'Me Too' Movement in India.

 On October 21, 2018, former music director Anu Malik was suspended from the jury panel of Indian idol 2018, after
facing multiple allegations of sexual harassment made through the movement.
 CRITICISMS:
There are lot of criticisms associated to the conduct of this movement which can’t be ignored.

 This includes possible trauma to the victims due to publicization of assaults that leads to re-trigger the trauma and
anxiety.

 It also doesn’t take account the sexual assault and harassment faced by sex workers on regular basis.

 The low representations of minority women who are more prone to such misconducts is The rise of false
accusations estimated to be 10% of the reported cases, which is a matter of concern.

 Some have called for sexual misconduct allegations against police to be investigated by third parties to reduce bias
(as opposed to the common practice of investigations being led by fellow law-enforcement officers or colleagues
in the same department) etc.
 LEGAL CONSEQUENCES:
The movement has forced uncomfortable yet critical conversations in social squares as well it has highlighted important legal
concerns.

 The #MeToo movement also pushed states to take a look at their backlog of rape kits, with some states mandating the use of
rape kits and provides increased fundings in order to clear backlogs. Additionally, some of states have reconsidered their
statutes of limitations to file civil suits against verbal abusers.

 The movement has exposed the extent of social harassment and abuse in the workplace and beyond, but has also forced
changes in the legal system. So, in light of that, the Sexual harassment of women at workplace (Prevention, Prohibition and
Redressal) Act,2013 is a legislative act in India that seeks to protect from harassments at their places of work.

 With regards to lot of false accusations under this movement, that estimated to be 10% of the reported cases, the defamation
laws have an impact on #MeToo. In May 2016, the Supreme Court upheld the constitutional validity of the colonial-era
defamation laws and ruled they were not in conflict with the Right to Free speech.
 CONCLUSION:
Summing up on all this, this issue needs to be politically as well as legally promoted. This
movement deals specifically with sexual violence and harassment and focuses on the healing our
survivorship of those who have experienced all forms of abuse. More specifically, the goal of the
movement is to establish safety and equity in society by focusing on changing policies and laws
and by bringing lawsuits to hold perpetuators accountable. It needs to proliferate the fact and
amidst the lowest strata’s and introduce gender sociology from imperative years to have an
empowered outlook. Also important is the fact that more and more voices should come up, across
the caste and class spectrum and an egalitarian society.
THANK YOU