Yashvi Jain, 2nd Year (B.A. L.L.B), Rajiv Gandhi National University of Law, Punjab | 3rd October 2019
Introduction
A movement is an act or process of moving forward. In the history of the world, human civilisation has progressed through movements which have brought about substantial change in the landscape of the world. Movements are a process of historical evolutions that lead to a better understanding of an unheard subject that requires attention. [1]
The #metoo movement laid its foundation in the year 2006 which undiscovered the ugly experiences of women since times immemorial. Tarana Burke, an American social activist and community organiser has started this movement. The movement is against the sexual harassment and sexual assault of young and vulnerable women. She used the phrase #metoo to raise mindfulness, awareness and consciousness of the persuasiveness of sexual harassment and assault, therefore the phrase developed. [2]
‘#metoo’, the expression was used as a part of the campaign to promote “empowerment through empathy” among women of colour. This movement was designated to give courage to particularly the underprivileged communities of women, to speak up. The purpose of the movement is to empower women to raise their own voices. The women draw courage from the commonality of their experiences and a visible space makes for an easier way to speak up. The movement and the phrase signify the number of women who have suffered and come out as survivors from the sexual assault and harassment they have faced.
The #metoo movement is an embodiment of the fact that sexual violence survivors are not alone and should not be shamed and humiliated by the community they live in. The movement helps in supporting and encouraging women to shake off their trauma and gives them the courage to say NO, to any kind of sexual and physical assault on them irrespective of the power and position the predator holds.
Evolution
In October 2017, the movement picked up and gained a considerable and relentless momentum. Alyssa Milano, an American actress and film producer, alleged sexual harassment against Harvey Weinstein who was a popular film producer. The allegations were made on the social media which acted like a bugle in the fight. Alyssa spoke up against the predatory behaviour of Weinsteinwhich acted like an example to warn away wayward men.[3]
The movement soon became inclusive of men and women of all colour and ages and it grew to have a different meaning for different people. It facilitated in understanding and displaying the magnitude of the problem of sexual harassment and assault in the world at large. The survivors of the movement coming out in open and standing in solidarity with those endurance became a unanimous chorus for strength. The #metoo movement expands its reach towards men calling out the demeaning behaviour of their fellows and concentrates on the process of healing the suffered. For instance, it provides access to the advocates regarding the change in laws and policies which influence the movement. [4]
Changes it brought
The #metoo movement has enabled women and men to shed the shame to ward off social disapprobation by the perpetrators. The movement heavily relies on the subordinate status of women in society and her unwillingness to speak. The need for this movement is primary and draws its roots from the concept of women being treated with great disparity and discrimination in society. Sexual harassment doesn’t occur in isolation, it depends upon the gender, colour, caste and creed which determine the status of a person in the society. The oppression and ill-treatment of women is closely tied to sexual violence. Women have been a victim of secondary treatment by society since centuries. Sexism has followed women from their cradle to their workplace. This gives a rise to a sense of complacency in the minds of men and women to not raise their voice against the wrong. [5]
The various waves of feminism have not been successful in the recognition of women as equals, yet. This gender inequality gives men, especially, the power to treat women as second class citizens by denying them the concept of consent altogether. Subjugation and suppression of women is among the primary stimulator of sexual violence. Sexual violence is avertible through a cooperative effort of the community members at multiple levels of society. As unfair as the reality is, a strong movement to end harassment was the need of the hour and the #metoo movement provides for the same and much more. [6]
The #metoo movement bought the conversation regarding the sexual harassment to the dinner tables. The significance of the movement lies in the fact that it acknowledged something that was considered private and was to be left unspoken. It brings forth the uncommon to common and opens up a conversation which had never been discussed before.
The impact of the #metoo movement is now widespread. It has brought waves of change in the social structure and different sectors of society. The movement is slowly changing the negative connotation attached to the word ‘sex’ to the one being discussed. It has forced uncomfortable yet integral conversations which have been ignored by society. The society has been hit by reality which always existed but ignored. The major impact of the #metoo movement is for bringing the conversation about sexual harassment in prime time television issues. It has brought about a foremost revolution in the societal arrangement which is the stance of women in the society. [7]
Further Implications
The women have suffered and continue to because of the social differences created between the different genders. This denies them the basic rights and respect as given to a male member of society. With the inception of the #metoo movement, the consent of a woman is being looked at differently. A lot of power and substance is being attached to what a woman says and believes. [8]
The power dynamics at every level of a society is changing for the better. At the workplace, the attitude of male employers towards women is changing from being looked at as a subordinate to a woman of substance. The fact that a woman has the muscle to voice her opinion has made the men more conscious about their behaviour around women is a change brought about by the movement. The change brought about in the society is not only in terms of a dramatic change of institutions but a change of the mindset of woman itself. Today, women believe that they are entitled to full citizenship and actively work towards it, in addition to supporting other women.
The most significant impact of the movement lies in matters of awareness. It makes the whole society aware of the heinous crimes being committed against women without a sense of justice being done. The Nirbhaya rape case bought forward the worst of human behaviour in front of society. A lot of women faced such situation in closed doors but never had the opportunity to come out in the open and talk about it. The victim shaming and blaming was an impediment in the way of women freely expressing their experience with the menace of sexual assault and harassment. The movement enabled to overcome and is still in the process of overcoming the victimisation of women for the clothes they wear, the profession they choose and the personality they have.
The #metoo movement has led to acceptance rather than isolation of the victim in society. Even now sexual harassment is treated as a woman’s problem. The accountability of the abuse was positioned on the survivor and not the perpetrator itself. Many survivors who have faced harassment and assault have felt the prerequisite to persist and be silent about the facts and were left to deal with their feelings of dishonour and guiltiness privately. [9]
Before the widespread consciousness about the movement, women who faced sexual assault and harassment were blacklisted from the mainstream society and were blamed for the act itself. It was the character of the women being questioned which instilled fear in women to come out and talk about their experience which would lead to a moral support for all the others who are survivors of the same, hiding behind closed doors. [10]
Thus, the #metoo movements stirred up many substantial and noteworthy national conversations about a subject that was considered to be forbidden and taboo. It has brought such healing to many survivors by providing them with the sustenance and support that they lacked.
The #metoo movement has forced uneasy yet critical dialogue in the social square. It has highlighted and enhanced certain important legal issues and the right of women. One vital issue is the process of the judicial system and how it handles older assertions of assault where evidence may be deficient or where there are matters of spoliation. The movement has also shown that there are several mediums to secure justice, free-standing of the criminal justice system. It raises special emphasis and questions the law when it comes to older claims.
The #metoo movement has revealed the extent of sexual harassment and assault in the place of work and beyond. The movement has also forced changes in the legal system for example introduction of the #metoo Bill in the United States. In order to take the matters to the court, local lawyers not only know the laws in the jurisdiction of the occurrence of the incident but also apply the laws to a particular situation and provide tailored and trustworthy legal advice.[11]
#Metoo and Workplace
The harassment at workplace relies heavily on the harasser’s sense of safety arising out of a woman employee’s subordinate status and her unwillingness to speak up. That status quo/complacency is being jolted by the women who are willing to come out and use the law to their benefit. This instils in the fear of repercussion which is not only a due punishment by law but also the embarrassment of being a proven offender in front of the society tarnishing one’s reputation.
A safe environment as the workplace is significant to facilitate more women to join the workforce and attain economic independence. This would give the women liberation and empower them which would lead to a power balance in the current patriarchic structure of the society. Workplace safety had been principally mandated by the Supreme Court of India in the ‘Vishakha’ judgment, laying down a set of provisional guidelines including a mandatory internal committee in every organization. This committee, which would also include women members, would hear the cases and were to provide a safe workspace to women.[12]
The Vishakhajudgement was then followed up by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This act directed for an internal committee in every sort of workplace in India. The addition to this act was that it now made workplace sexual assault and harassment of wide-ranging explanations civil and criminal offences with penalties and punishments, both for the defendant and the employer.[13]
After this movement, perhaps both women and men will be much more prepared in the future. It will create an enabling environment for women, and men will learn their limits. Prospective offenders will stand cautioned. But women in workplaces must know what are the legal safeguards, rights and remedies available to them – to understand the duties of their employers, their male colleagues and their own responsibilities in the occasion of an instance. A victim may seek redressal and action under the company rules, or under the Act. [14]
Conclusion
The drawback of the present movement is the applicability of already existing laws in a purely social media campaign. The challenge remains to enable efficient and speedy trials and follow a fair procedure of law, free of biases.
“Tell your story.
Shout it. Write it.
Whisper it if you have to.
But tell it.
Some won’t understand it.
Some will outright reject it.
But many will thank you for it.
And then the most magical thing will happen.
One by one, voices will start whispering, ‘Me Too’.
And your tribe will gather.
And you will never feel alone again.”
-L.R. Knost
Thus, the #metoo movement has been an embodiment of equality and empowerment of women in all aspects of life. It has stood for the courage and support of women who have survived the threat of sexual assault and given them a movement to bring together their voices.
[1]https://www.merriam-webster.com/dictionary/movement
[2]Edwards, Stephanie Zacharek, ElianaDockterman, Haley Sweetland. “TIME Person of the Year 2018: The Silence Breakers”. Time.Retrieved April 14, 2018.
[4] https://www.epw.in/engage/article/what-is-missing-metoo-movement-limitation-law-justice?0=ip_login_no_cache962476e2bb48e2e05e1c075dae96697c
[5]https://www.nytimes.com/2018/08/19/business/sexism-women-birthplace-workplace.html
[6]https://pcar.org/about-sexual-violence/oppression-sexual-violence
[7] https://www.bcm.edu/news/psychiatry-and-behavior/starting-conversation-sexual-assault
[8] https://www.thehindu.com/opinion/op-ed/not-without-her-consent/article25195435.ece
[9]https://www.thecommunityhouse.org/why-is-the-metoo-movement-important/
[10]//economictimes.indiatimes.com/articleshow/66198186.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
[11]“House unveils landmark sexual harassment overhaul bill”. NBC News. Archived from the original on January 22, 2018.Retrieved January 22, 2018.
[12]https://www.thehindubusinessline.com/blink/cover/law-in-the-time-of-metoo/article25251727.ece
[13]“‘Me Too’ Legislation Aims To Combat Sexual Harassment in Congress”. NPR. Archived from the original on January 21, 2018.Retrieved January 22, 2018.
[14]https://www.financialexpress.com/india-news/metoo-movement-trial-by-social-media-legal-ramifications-for-people-involved-and-remedies-for-the-accused/1377146/
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