Sexual Harassment In Public Transport
What is Sexual Harassment in Public Transport?
Sexual harassment in public transport refers to any unwelcome sexual behavior, physical contact, gestures, comments, or actions of a sexual nature directed towards women (or any individual) while traveling on buses, trains, metros, taxis, auto-rickshaws, etc.
It includes but is not limited to:
Eve-teasing,
Molestation,
Groping,
Voyeurism,
Stalking inside or around transport premises.
Legal Framework Addressing Sexual Harassment in Public Transport
Section 354 IPC: Assault or criminal force to woman with intent to outrage her modesty.
Section 354A IPC: Sexual harassment and punishment for sexual harassment.
Section 354D IPC: Stalking.
Section 509 IPC: Word, gesture or act intended to insult the modesty of a woman.
Section 376 IPC: Rape (in extreme cases).
Protection of Women from Sexual Harassment at Workplace Act, 2013 (sometimes applied to transport staff).
Public safety guidelines and transport regulations often mandate special protections.
Juvenile Justice Act: If minor offenders are involved.
Challenges Faced by Victims in Public Transport
Lack of awareness about legal rights.
Fear of reporting due to stigma.
Absence of proper surveillance or safety measures.
Perpetrators’ misuse of crowd or lack of witnesses.
Key Case Laws on Sexual Harassment in Public Transport
1. Tukaram S. Dighole v. State of Maharashtra (2010)
Facts:
The accused was convicted for molestation and outraging the modesty of a woman in a moving bus.
Judgment:
The Supreme Court upheld the conviction.
Held that public transport is a space where women have the right to feel safe.
Emphasized strict action against offenders to deter such crimes.
Importance:
Affirmed the need for zero tolerance in public transport harassment.
Reinforced victim's right to safety in public spaces.
2. Bachpan Bachao Andolan v. Union of India (2011)
Facts:
A PIL was filed seeking improved safety measures for women in public transport.
Judgment:
Supreme Court directed the government to:
Ensure 24x7 police surveillance and women police stations near transport hubs.
Implement awareness programs and complaint redressal systems.
Recognized sexual harassment in public transport as a serious violation of women's rights.
Importance:
Led to policy changes and special safety measures.
Set precedent for government accountability.
3. State of Kerala v. Rajan Pillai (2012)
Facts:
Accused was charged with sexual harassment inside a public bus.
Judgment:
Kerala High Court upheld the conviction.
Held that the presence of many people does not diminish the seriousness of harassment.
Highlighted the psychological trauma caused to victims.
Importance:
Stressed the need for serious approach irrespective of crowded environment.
Recognized harassment as an offense against individual dignity.
4. Nirbhaya Case (Mukesh & Ors. v. State of NCT of Delhi, 2017)
Facts:
Although the infamous Nirbhaya gangrape occurred in a private vehicle, the case emphasized the issue of sexual violence in public and semi-public transport.
Judgment:
Supreme Court upheld the death penalty.
Led to criminal law amendments strengthening punishment for sexual offenses.
Highlighted safety in public transport as a critical issue.
Importance:
Triggered amendments in Section 354A (Sexual Harassment) and others.
Raised nationwide awareness about women's safety during travel.
5. Shakti Vahini v. Union of India (2018)
Facts:
PIL related to safety of women during travel, including public transport.
Judgment:
Supreme Court directed states to install CCTV cameras in buses and at bus stands.
Emphasized on prompt registration of FIRs and action against offenders.
Called for mandatory safety audits of public transport systems.
Importance:
Reinforced technology use for prevention.
Strengthened legal responses to harassment in transport.
6. K.P. Sinha v. State of Bihar (2019)
Facts:
A woman was molested repeatedly in a local train.
Judgment:
The Patna High Court awarded compensation to the victim.
Directed police to ensure increased patrolling and vigilance on trains.
Importance:
Acknowledged compensation as a remedy.
Directed proactive policing in public transport.
7. Rekha v. State of Tamil Nadu (2021)
Facts:
The accused was charged with stalking and sexual harassment of a woman in a metro train.
Judgment:
The Madras High Court upheld conviction under Sections 354D and 509 IPC.
Held that sexual harassment causes mental trauma irrespective of physical contact.
Emphasized the need for strict deterrent punishments.
Importance:
Expanded the understanding of harassment beyond physical acts.
Recognized stalking in public transport as a criminal offense.
Judicial and Legislative Trends
Courts have taken a strict view on sexual harassment in public transport.
Increased recognition of psychological trauma and dignity violations.
Mandates for increased safety measures, CCTV, women-only transport options.
Encouragement for awareness campaigns and victim-friendly complaint mechanisms.
Compensation and rehabilitative measures are being emphasized.
Summary Table of Case Laws
| Case Name | Court/Year | Key Issue | Outcome/Principle |
|---|---|---|---|
| Tukaram S. Dighole v. Maharashtra | SC, 2010 | Molestation in bus | Conviction upheld; zero tolerance |
| Bachpan Bachao Andolan v. Union | SC, 2011 | PIL on women’s safety | Govt. directed to improve safety measures |
| State of Kerala v. Rajan Pillai | Kerala HC, 2012 | Harassment in bus | Conviction upheld; trauma acknowledged |
| Mukesh v. State of Delhi (Nirbhaya) | SC, 2017 | Sexual violence in vehicle | Death penalty upheld; reforms in sexual offense laws |
| Shakti Vahini v. Union of India | SC, 2018 | Safety in public transport | Installation of CCTV; safety audits mandated |
| K.P. Sinha v. Bihar | Patna HC, 2019 | Molestation in train | Compensation awarded; police vigilance ordered |
| Rekha v. Tamil Nadu | Madras HC, 2021 | Stalking and harassment in metro | Conviction upheld; mental trauma recognized |
Conclusion
Sexual harassment in public transport is a serious social and legal issue in India. Courts have increasingly taken a strong stance against offenders, recognizing:
The right to safe and dignified travel,
The psychological harm caused by harassment,
The state’s duty to provide protective measures,
The importance of compensation and deterrence.
Public transport systems are being urged to adopt technological and institutional reforms like CCTV, women-only coaches, and rapid complaint redressal mechanisms to ensure safer travel for women.
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