Senali S. Perera

The 'S.H.O.W You Care' youth awareness campaign which was organized by the members of Sri Lanka Unites (SLU) with the support of more than 300 volunteers was aimed at stopping street harassment. The campaigners had noticed this serious issue which is more often than not neglected, overlooked.

A woman being harassed by a man in a public space, especially in public transportation has become 'commonplace' in today's society. Many women become victims of men whose mentality is apparently at the wrong level. It can be such an unpleasant experience that some women are sincerely scared of using public transportation, just the thought of it brings shudders.

Sexual harassment can be defined in several ways. Behaviors such as flirting and teasing can be recognized as harmless. When it stays within the boundaries, it can be defined as 'borderline behavior.' Trying to talk to someone you just met, for example can be acceptable but "it all depends on the context. It depends on the reaction of the person you're talking to," says Waruna Padmasiri (lawyer -SLU).

"But when this sort of behavior is continued, it reaches the borderline level. If you keep assessing, if you keep teasing, if you don't walk away, could that be accepted? It hovers at the limits.

This can be categorized as 'incorrect behavior,"' says Padmasiri further. 'Problem behavior' is when a person's behavior oversteps these limits. This sort of behavior is prohibited by the law.

Penalty

According to Section 345 of the Penal Code of Sri Lanka, "Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction be punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person".

Unwelcome sexual advances by word or action can be explained as sexual harassment.

It is important to note here that a person can harass someone sexually just by using words. "You can speak words without any physical action and if it fulfills this definition then it is certainly sexual harassment. Our law is wide enough to include such behavior," confirms Padmasiri.

The injuries of sexual harassment include psychological and mental trauma as well as physical damage. An important thing to remember is if there is consent, you are likely to end up being sexually harassed.

In places like buses, you need to make sure there is no consent to any form of unwelcome behavior. Something you might not get away with, with a stranger might be acceptable with a friend. When recognizing sexual harassment, context is something that should be considered. Repeated acts that can come under section 345 of the Penal Code can be seen as sexual harassment. Incidents such as a man intentionally leaning on a woman, grabbing or groping a woman would definitely be recognized as sexual harassment.

Statistics

"Looking at the statistics with regard to sexual harassment in Sri Lanka, it certainly seems really shocking," says Ama Peiris, youth activist, SLU. According to a study carried out by the Legal Aid Commission, 70% of women between ages 15 to 45 have experienced sexual harassment in public transport. Further more, 1 in every 4 women experience severe forms of sexual harassment almost everyday. "People are afraid to speak out, to acknowledge that this is happening. That is the real issue in Sri Lanka," says Peiris. Women need to speak out.

"Through S.H.O.W. You Care, we found 3 key facts that have to be recognized regarding this issue," states Peiris further. Sexual harassment is not an issue concerned with women's rights alone. The person victimized to sexual harassment could not just be a complete stranger. It could be one's own mother, sister or friend. This concerns not only women's rights but also the situation of the society as a whole.

This problem is within society and within us. Why do the individuals who are responsible for this continue to act in this way, to harass women? The main reason is, they can get away with it. The victim and the people who witness the incident do not speak out.

They are afraid of what people might think of them if they spoke out. They are afraid the blame will end up upon their shoulders. "It is the mindset of our society that has caused this to be the massive issue that it is today," says Peiris, "The problem lies within our society." This issue is not in isolation. We can not let this issue go unnoticed. "This issue is in fact, a stepping stone to more grave sexually motivated crimes," states Peiris speaking the words that are stuck in the minds of many a victim who helplessly waits for someone's voice to speak out their thoughts. "As long as we let harassment in brad day light go unpunished, we are paving way for sex offenders to commit greater crimes. Issues like rape, child abuse are imminent if we don't start small, if we don't start now," says Peiris.

What recourse is available if a woman is being victimized to sexual harassment?

The first action is to complaint to the police.

You can dial the police emergency numbers 112/119 and report the incident.

If the conductor/driver has been involved in the incident, you can dial 1955 to contact The National Transport Commission and report the incident.

Also, remember the numbers 112826444, 112768076 to contact National Women's Bureau.

When making a complaint it is always better to give more details of the harasser. The name of the harasser, his address and the national identity card have to be given. Also, an additional statement by a witness independent to the victim would be very useful. It is important that you make the complaint as immediately as possible.

It does not necessarily have to be the victim that makes the complaint. It could also be someone who witnessed the incident.

Even if you may not catch and punish the offender, it is important you do not let the incident go unreported. When the reporting increases, the prosecution of offenders also increases.

In today's society the offender seems confident while the victim fears harassment. This has to change. The confidence should be the victim's part, and the fear should be felt by the offender.

Covering all the main bus routes in Colombo, the S.H.O.W. You Care campaign successfully conveyed the message that everyone bears the responsibility to speak out and stand up against sexual harassment. Change should start within us. Change is possible.