INTRODUCTION
Tarana Burke, a well-known social activist, coined the phrase "MeToo" in 2006 on Myspace to promote "empowerment through empathy" among women of colour who have been sexually abused. She was born into an impoverished family and was raped and sexually assaulted as a child. She revealed the story behind her use of the phrase "MeToo" in an interview. In a recent interview with Ebony magazine, Burkey highlighted that it's all about “empowerment through empathy.” “It was a catchphrase passed down from victim to survivor to let people know what was going on.” In October of 2017, Alyssa Milano supported utilising the term as a hashtag to help disclose the scope of sexual harassment and assault issues by demonstrating how many people have personally encountered these incidents.
The Me Too Movement, often known as the #MeToo Movement, is a campaign against workplace sexual harassment and assault. Sexual difficulties not only affect women's self-esteem but also harm society. With time, workplace sexual harassment has become more prevalent, resulting in negative consequences for women.
The movement's goal is to provide people with the resources they need to access recovery methods and to create awareness about the need for changes in laws and regulations. Goals include updating sexual harassment policies and teaching police officers (and, by extension, all other professions involved) to handle these situations with care. Background checks for professionals who work with children are required.
#Me Too Movement in India
The #MeToo campaign was launched in India in 2018, as a result of the international #MeToo movement. Women from all walks of life gathered to tell their tales about being abused by men in positions of power, inspired by the global campaign against sexual assault and harassment. And it all began in October 2018, when actress Tanushree Dutta accused actor Nana Patekar of sexual harassment while they were filming 'Horn Ok Please' in 2008.
Legal Consequences of #Me Too Movement
In India, sexual harassment is referred to as “Eve Teasing” a name that has been criticised for being misleading, mild and downplaying the severity of the crime. In Vishakha and Ors vs State of Rajasthan, AIR 1997 SC 3011, the Supreme Court of India established the first statute dealing with justice for women who have been sexually harassed at work. Many rules relating to a woman's safety at work were mentioned, eventually leading to the development of the Sexual Harassment of Women at Work (Prevention, Prohibition, and Redressal) Act, 2003. The Act establishes processes for filing a complaint and conducting an investigation, as well as a provision that allows the accused to be punished with jail time and a monetary fine if proven guilty. Section 26 of the Sexual Harassment of Women at Work (Prevention, Prohibition, and Redress) Act, 2003 dealt with the penalty provisions for anyone found guilty of sexual harassment or sexual abuse at work. The government further broadens the 2013 Act by making it mandatory for every company's employer to form an Internal Complaint Committee at each office or branch with ten or more employees. This Committee assists a woman in filing a complaint against a defendant, and the Internal Complaint Committee will begin an investigation within 90 days. If the Internal Complaint Committee fails to investigate the matter, a victim of such crime can approach the court or report to the police under section 509 of the Indian Penal Code, 1860 (word, gesture, or act intended to insult the modesty of a woman, maximum punishment one year in jail with fine). The Internal Complaint Committee has the same authority as a civil court in terms of calling and interrogating someone under oath, as well as ordering document discovery and production. However, according to 2018 data, just 533 occurrences of sexual harassment and sexual assault were reported. As a result, it demonstrates that women in India are still unprotected and that lawmakers' efforts are not yielding the expected effects. Legislation must also account for the rising frequency of false allegations levelled against honourable men.
The global movement has its negative consequences. There have been numerous bogus accusations made. Defamation rules have also been reinforced to avoid additional false charges. The laws against defamation in India stipulate that women who are unable to prove their charges are guilty of defamation and face a sentence of up to two years in prison.
The MeToo movement spread like wildfire in India, bringing several high-profile instances into the public glare, including in India, where many incidents were reported to the police. Even though no new legislation has been passed as of yet, the movement has set the tone for change.
CONCLUSION
Despite being simply a movement, #Metoo prompted citizens to speak out against harassment. The courts, on the other hand, have been active in directing states to establish the Internal Complaints Committee for the organised sector and the Local Complaints Committee for the unorganised sector. The country's laws could not be discriminatory against women. That is why, in addition to keeping an eye on the implications of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2018, the government has strengthened anti-defamation laws to ensure that the reputation of an innocent person is not tarnished by false allegations. For centuries, women have been treated cruelly, and many individuals still strive to objectify women today. Men's actions have caused considerable mental anguish and sorrow for many women due to misunderstandings about consent. It is past time for us to recognise that it is Mother Nature, not Father, who endures our daily wait and provides for us, and without whom none of us would exist, and all would cease to exist forever. Respect is a right, not a gift.
REFERENCES
https://lawtimesjournal.in/me-too-movement-and-its-impact/
https://www.jatinverma.org/me-too-campaign-pros-and-cons/
https://lexcliq.com/me-too-campaign-and-its-legal-consequences-by-anshika-jain/ https://racolblegal.com/metoo-movement-and-its-legal-consequences/