On January 22, 2025, the Government of Tamil Nadu passed a significant amendment to the Tamil Nadu Prohibition of Harassment of Women Act, 1998, with the introduction of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2025.
This move aims to provide stronger protection for women and ensure harsher penalties for those involved in harassment-related offenses.
The Act, which received the assent of the Governor on January 21, 2025, brings several key changes to the existing law, and its provisions will come into force when notified by the Government.
Key Amendments in the Act
Expanded Definition of Harassment:
- The amendment broadens the scope of harassment to include any indecent conduct, act, or behavior by a man—whether physical, verbal, non-verbal, digital, or electronic—that causes intimidation, fear, embarrassment, or shame. It now includes threats, abuse, hurt, assault, or the use of force.
Increased Penalties for Offenders:
- The punishment for harassment offenses has been significantly increased. A first conviction can now lead to up to five years in prison and a fine of at least ₹1 lakh. For a second or subsequent conviction, offenders face 5 to 10 years of imprisonment and a fine of ₹10 lakh.
Updated Legal References:
- The Act replaces references to the Indian Penal Code, 1860 with newer legal provisions from the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. This brings the law in line with more recent legal reforms in India.
Stronger Protection Measures in Public and Private Spaces:
- The responsibility of those in charge of places like educational institutions, hotels, hospitals, temples, and other public spaces has been strengthened. These authorities must now install CCTV cameras, improve lighting, and take other preventive measures to safeguard women from harassment. They are also required to inform the police within 24 hours of any harassment complaint.
Enhanced Penalties for Non-Compliance:
- Non-compliance with these protective measures can lead to a fine of up to ₹50,000, significantly higher than the previous fine of ₹2,000.
Protection Orders for Victims:
- A new provision allows victims to seek a Protection Order from an Executive Magistrate if they feel at risk of further harassment. This order can prohibit the accused from contacting the victim in any way, whether personal, oral, written, electronic, or through third parties. Violating this order will attract a penalty of up to three years in prison and a fine of up to ₹1 lakh.
Cognizable and Non-Bailable Offenses:
- The offenses under sections 4, 4-A, 4-B, and 7-C are now cognizable and non-bailable, meaning the police can arrest the accused without a warrant, and bail can only be granted by a higher court. This ensures more serious consequences for offenders and a quicker response by law enforcement.
A Stronger Stand Against Harassment
With these amendments, the Tamil Nadu government has signaled its commitment to tackling harassment in all forms, particularly against women. By imposing harsher penalties and placing greater responsibility on institutions to prevent harassment, the state is taking significant steps towards a safer environment for women. The introduction of Protection Orders also provides immediate relief and safety to victims of harassment, offering them legal protection from further abuse.
