BODY SHAMING AND SLUT SHAMING - A SOCIAL EPIDEMIC BY - JEMIMA B S
BODY SHAMING AND SLUT SHAMING - A SOCIAL EPIDEMIC
Abstract
Every person have the right to lead a dignified life.
Any injury to the reputation and dignity of the person is an interference to
his freedom. Body shaming and slut shaming are the grave form of interference
to a person’s dignified and decent life. Psychological harm caused to a person
is also a form of torture committed against that person. Many international
treaties and conventions have identified torture as inhumane. Indian laws does
not have an explicit provision on the same but body and slut shaming comes
under certain offences under IPC (BNS).Effective awareness and penal provisions
are necessary to curb this evil.
Key words: Body shaming, Slut shaming, Torture, Art 21
Introduction
As India celebrates 76th republic day on
this 26th January, an important aspect that we need to introspect as
a nation is where we have reached so far, as a society, in terms of social
growth. We are one of the fast developing nations in the world developing at a
meticulous rate in terms of education, economy etc but where we stand in terms
of social development is still a question that needs to be addressed. Social
development means the development of the nation as a whole in every sectors of
a country including education, healthcare, labour rights, human rights, economy
etc.
Last year, India witnessed many incidents that shook
the nation like Calcutta R G kar hospital rape and murder case where a trainee
doctor was brutally raped, which was a tight slap to the existing criminal
justice system which failed again in curbing such evils even after the infamous
2012 Delhi nirbhaya case and the related amendments to the existing legal
framework. Harassment against women are continuing even after 77 years of
independence in new forms and colours. One such form is body shaming and slut
shaming.
Body shaming and slut shaming cannot be considered as
a new emergence in one way. These were there in the society earlier but only
now we started discussing and debating on these topics without hesitation.
Earlier, these were considered as something “very normal”. In kerala, a
renounced businessman in the state was arrested on 8th January 2025 in
connection with a sexually coloured remark against an actress in a public
gathering on her body and the way she dressed, which outraged the social media.
This person was courageous enough to make such a remark in a public place in
front of hundreds of people including media. The reason for such a courage is
that it has been “Normalised”. The age old social stigma that a women dressed
up in a way that is not appealing to the societal standards set by the society,
can be mocked, abused and called by specified names, still in practice. The
kerala High Court while considering bail in this case held that:
“body
shaming is not acceptable in our society. Comments about the body of a person
as too fat, too skinny, too short, too tall, too dark, too black, etc., should
be avoided. There is a sense that we are all “too something”, and we are all
“not enough”. This is life. Our bodies will change, our minds will change, and
our hearts will change. Everybody should be vigilant while making comments
about others, whether they are men or women.”...court
emphasized the relevance of this issue in the society.
Body shaming or slut shaming
Body shaming happens when a person is mocked at or discriminated
against especially due to appearance, weight, colour, skin tone, etc. Any
undesirable remarks made by any person, whether deliberate or not, on a
person’s physical appearance is body shaming but slut shaming is an another aggravated
form of body shaming which has deeper gravity and intensity. It is a practice
of violent criticism by the society when any person violates the set societal
standards of behaviour and appearance related to sexuality etc. It includes
criticisms and sexually coloured remarks on dress code and preference of a
person, blaming the victims of rape, crucifying women for sexual assault,
violence against sex workers etc.
Both body shaming and slut shaming has a long term
impact on the victims on their mental and social health. The European
Court of Human Rights has rightly observed that “Degrading
treatment/punishment, arouses in the victim a feeling of fear, anguish and
inferiority capable of humiliating and debasing the victim and possibly
breaking his or her physical or moral resistance”.
Freedom of speech and expression-the maximum extent
The Indian constitution provides freedom of speech and
expression to its citizens. Every citizen of the country can freely express and
speak without any fear or apprehension. We have the freedom to express
ourselves and speak out our opinion on any matter. But the extent to which one
can go in the name of freedom of speech and expression is a question to be
adressed. Many a times people go beyond. Our fundamental right of freedom
should not violate another person’s freedom. If it is our freedom to speak out
our opinion on a dress code or sexuality, it is also the other’s right to
express themselves in a way they wish to be. In
the case Price Waterhouse v. Hopkins[4], the court
recognized gender stereotyping as actionable discrimination. This case was an
allegation in which the plaintiff alleged that her employer refused to promote
her due to her sex. The Court found in favour of the plaintiff Ann Hopkins that
she was denied a partnership based on her non conformity with female
stereotypes: she was described as “macho,” told to take “a course at charm
school,” and advised to “walk more femininely, talk more femininely, dress more
femininely, wear-make-up, have her hair styled, and wear jewellery.”[5]This case is an explicit
example on how deep the roots of body shaming and slut shaming went into the
society even in the workplaces, among adults, who are presumed to be aware of
their rights and others freedoms.
Under the constitution of India, freedom of speech and
expression guaranteed under art 19(1) (a) is not an absolute right. It is
subject to reasonable restrictions under art 19(1) (2).One’s freedom of speech
and expression should not extend to cause harm to others. Harm need not
necessarily be physical but it could also be any kind of psychological harm. If
the exercise of one’s freedom of speech and expression cause mental agony or
distress to another person, it cannot be confined in a term ‘harm’ but it is a
torture.
When freedom of speech and expression amounts to
torture?
“The
term torture means any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him
for an act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted
by or at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does not include
pain or suffering arising only from, inherent in or incidental to lawful
sanctions.”
The
definition by the UNCAT convention defines torture as not only physical pain or
suffering but also mental pain based on discrimination of any kind. “No
physical or mental torture, nor any other form of coercion, may be inflicted on
prisoners of war to secure from them information of any kind whatever.”
Thus, all the international instruments concerning torture prohibits not only
physical torture but also the mental torture because when physical pain is felt
on the body, mental pain is felt on the mind in the same gravity as that of a
physical pain. Both are experienced by the person with the same intensity.
Therefore body shaming and slut shaming is a form of mental torture afflicted
by the society to the person.
Association
against torture makes a valid observation in this regard. “Societal norms,
discriminatory laws and systematic impunity are some of the deep-rooted factors
that contribute to women and LGBTI+ persons being at risk of torture and
ill-treatment. Offences that solely or disproportionately affect women, girls
and LGBTI+ persons perpetuate discrimination and risks of harm. Patterns of
violence and discrimination can also prevent women and LGBTI persons from accessing
justice and add to situations
of vulnerability they can experience.” Again under
UDHR there is a provision that prohibits torture. “No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment.”.
Hence, the extent of freedom of speech and expression is that it shall not extend
to causing any kind of mental torture to any person. When the exercise of
freedom of speech and expression causes mental agony, it becomes torture and that
is when one’s freedom becomes another’s burden.
Interpretation
of Article 21 on body and slut shaming
·
Right to choice
Under art
21 of the Indian constitution, a woman’s right to choice was extended to
reproductive rights also and the court has explicitly asserted that right to
make reproductive choices was also a dimension of personal liberty. Court held
that “it is important to
recognise that reproductive choices can be exercised to procreate as well as to
abstain from procreating and the crucial consideration is that a woman's right
to privacy, dignity and bodily integrity should be respected.
The court upheld the right to choice of a person by recognising privacy and
dignity as an inherent and basic human right which is very essential to lead a
happy and dignified human life which is more than a mere animal existence.
·
Right to live
with dignity, decency and happy
It is a well-established right under the
constitution as well as the international instruments and conventions that to
live with dignity is a basic human right to any person. Indian courts has
observed the same in a prominent case questioning the validity of beauty
contests that:
“It is also relevant and expedient to hold without
any reservation that if beauty contests tend to offend the dignity of a woman
to deal with her indecently in the circumstances amounting to indecent representation
in any form, they are bound to offend Article 21 of the Constitution of India as right to live
includes right to live with dignity and decency and right to live happily. Any
violation of the women society in the country in body or mind leading to
justifiable unhappy existence is bound to attract Article 21 of the Constitution “.
Court recognised not only the right to have a dignified life but also a happy
life, which means that no one shall interfere with others right to lead a happy
and decent life.
·
Right to Personal
autonomy
Regarding personal autonomy, court observed in a
case that “personal autonomy is inherent under art 21 of the constitution and
it is the right of an individual to choose how he should live his own life,
without any control or interference by others and the court also recognised the
right of an individual to refuse unwanted medical treatment and to not be
forced to take any medical treatment that is not desired.”
Body and slut shaming is a clear violation of one’s bodily autonomy causing
them to feel guilt about their body and existence
Indian
laws on body shaming and slut shaming
There is
no direct legal provision dealing with body
shaming and slut shaming in Indian laws but the practice can fall under
broader legal categories like harassment, defamation, privacy violations, and
emotional distress, depending on the circumstances. Legal frameworks such as
the Bharatiya Nyaya Sanhitha (BNS),
2023, The Sexual Harassment of
women at Workplace Act, 2013, and the Information Technology Act, 2000 offer some recourse for
individuals who have been subject to body shaming. There is no particular
provision in any act which exclusively mentions body shaming or slut shaming
but there are many judicial decisions prohibiting body shaming and slut
shaming.
·
Defamation under sec. 499
IPC (Sec. 356 BNS)
Every person has the right to live a dignified life.
A person has the right to reputation enshrined under the constitution on the
wide interpretation of art 21. Body shaming comes under s. 499 as it is a harm
or injury caused to the reputation of a person. This includes negative comments
on someone's physical appearance or any undesirable comments on body or
character. If an individual is subjected to body shaming that damages their
reputation, they can file a defamation suit under this section, for which the
punishment is imprisonment of up to two years or a fine, or both.
·
Cruelty under Sec. 498A
IPC(Sec. 85 and 86 BNS)
Kerala
high court has made clear that body shaming comes under the purview of cruelty.
Court ruled on the basis of a marital dispute that body shaming by in-laws in a
marital relationship constitutes cruelty under s. 498 A of the IPC.
Court
held that if a sister-in-law does any acts or spells any comments on body of a
woman which amounts to causing injury to the mental and physical health of a
woman, it amounts to Cruelty under Section 498A of the Indian Penal Code (IPC).
The Court held thus in a Criminal Miscellaneous Case filed to quash the case
pending before the Judicial First Class Magistrate against the accused. A
Single Bench of Justice A. Badharudeen observed, “… when the overt acts herein,
at the instance of the petitioner, are evaluated, body shaming and doubting the
medical degree of the de facto complainant are the allegations against the
petitioner. The overt acts, at the instance of the petitioner, prima facie to
be read as wilful conduct which are of such nature to cause injury to the
mental and physical health of the woman dealt under explanation(a) to Section
498A of the IPC.”.Thus
body shaming was identified by the court as cruelty.
·
Words, gesture or act intended to insult the
modesty of women under 509 1PC( Sec.79 BNS)
When a
person with an intent to insult the modesty of any woman, utters any words,
makes any sound or gesture, or exhibits any object, intending that such word or
sound shall be heard, or that such gesture or object shall be seen, by such
woman, or intrudes upon the privacy of such woman is an offence under IPC.
Body shaming and slut shaming can be brought under this section of the
act.
Various
provisions under Information Technology act 2000 and its rules can also be
attracted for the purpose of penalising body shaming and slut shaming but there
is no provision in any law as such, on the prevention of such abuses.
Impact of
body shaming and slut shaming on victims
Victims
of body and slut shaming have severe impacts on their psychological, social and
personal life. Firstly, it affects the mental health of the victims leading to
intense guilt and shame. It can also lead to conditions like anxiety and depression
to the victims which arises due to the shame and lack of empathy from others.
With the
growing ‘influencers’ concept on social media, rampant preaching by them, about
their perceived way on how one should look, adolescents, in this impressionable
yet immature age, are getting sucked into the idea of an ideal body and this
results in the public humiliation of those who do not fit this stereotype due
to their appearance.
Secondly, it affects the confidence of the person and the victims begins to
doubt themselves and questions their self-worth. Also mostly it is women who
are blamed for the sexual assault happened against them. Victim blaming affects
the social and psychological health of a person. “The more people are exposed to weight bias and
discrimination, the more likely they are to gain weight and become obese, even
if they were thin to begin with and they’re also more likely to die from any
cause, regardless of their body mass index (BMI).” These
kinds of abuse on a person adversely affects the health and wellbeing of a
person. “Low self-esteem, low body dissatisfaction, and
depressive symptoms are expected outcomes of body shaming, which is consistent
with the increasing amount of research highlighting the detrimental effects of
appearance-based harassment on young people.”
Conclusion
Both body shaming and slut shaming can be
called as a social epidemic because the roots are not confined to any single
person but in the entire society itself. What can be done to cure such an evil from
the society is by providing a robust awareness about rights, obligations and
duties that we as an individual have towards each other and to the society as a
whole. Also developing a culture of inclusivity will help to a larger extent.
For that proper education and awareness from the school level is required.
Having an open conversation about different perspectives without judgment,
encouraging compassion towards fellow beings, cultivating self-respect and
mutual respect will also help in a long run from a societal point of view. To
the victims of such abuses, methods like therapy, counselling, developing body
positivity and acceptance is essential to make them aware of their worth which
is independent from external factors. In short, only a collective effort
including all sectors of the society from an individual level to a social level
will help to eradicate this menace from the society.
From a
legal point of view, strict laws are to be implemented to punish the wrongdoers
who intentional cause mental distress and psychological torture to others. An
amendment as to the existing legal framework to include such abuses also under
the offences is a necessity of the time.
