Beyond ‘Sex’ in Sexual Harassment: A Feminist Critique of the Indian Sexual Harassment Act

Abstract

While the legislation on sexual harassment has been criticized for practical inadequacies, this paper identifies the theoretical foundations of the legislation that hinder substantive gender equality. The analysis here reveals that the Act was drafted in a normative framework that upholds a standard of conservative sexual morality to the detriment of women’s sexuality. In particular, the paper highlights the Indian emphasis on victimhood, which ultimately results in a loss of sexual autonomy. The paper concludes with the argument that a starting point to improve this regulation is an inquiry into the definition and meaning of the term ‘sexual harassment’ itself. These arguments are further contextualized by the author’s own experiences in the Indian legal industry.