Jayna Kothari and Daphne Barak Erez have published an essay titled ‘When Sexual Harassment Law Goes East: Feminism, Legal Transplantation and Social Change’ (Stanford Journal of International Law, Issue 47, p. 177, 2011).
Here is the abstract:
Activism around sexual harassment has sparked developments around the globe, but every legal system has its own individualized story of sexual harassment law. This article engages in a comparative study of sexual harassment in India and Israel, which seem to share a very similar development. Both countries introduced reforms in the area of sexual harassment around the same time and have legal systems that share common denominators, such as a British colonial past and a mixture of modernity and tradition. This article follows the processes that shaped the reforms and uncovers significant differences between Indian and Israeli sexual harassment law. In general, Israeli law is more robust in both its substantive scope and its enforcement. Paradoxically, for these very reasons, it is encountering a significant backlash not traced in the Indian context.
The article can be downloaded from here.
