Author: CHANDER SHEKHAR SHARMA, AMITY UNIVERSITY, RAJASTHAN

ABSTRACT

The increase in sexual harassment cases in India is increasing with an unexpected pace, causing grave concern regarding safety of women and children. Each day more than hundred rape cases are reported in India and there may be more than hundred unreported too. What used to be a national issue has now transformed itself as a global issue, now not only domiciled are prone to harassment but also foreign nationals who visits India as a tourist or student are subject to such threats. The US state department has issued travel guidelines for its foreign tourists travelling India alone, warning them against the crimes committed against women and other safety concern¹ these guidelines have somehow tarnished India’s global image and have labeled it as an unsafe for women, which is true at some extent.

Atithi Devo Bhava” is a Sanskrit phrase from Indian culture, meaning “The guest is equivalent to God.” It reflects the traditional Indian value of hospitality, emphasizing respect and care for guests. However, the increase of assaults and harassment to foreign tourists has led to panoptic criticism of laws and legal consequences after an act in the country. The speed of justice and the physical and psychological trauma of victims after incident are too in question. The major concern is how judiciary and central government tackle this issue. If not articulated properly, this issue can cause an alarming situation in an international market and a decrease of foreign nationals in India. And there must be quick look into this problem. Are Indian laws sufficient to address this problem or there is a need of new laws for protecting the dignity of women who come to India in need of disillusionment.

INTRODUCTION AND BACKGROUND

Assault against women have been embedded in our society from decades and is still progressing and thriving. The increase in the sexual harassment cases of foreign women questions efficiency of authorities and the working of proper laws. According to NCRB, around 192 tourists were raped in 2022, with increase of 28 percent as compared to previous year. With cases increasing every year, it’s difficult to say if each and every assault is reported or not. Western tourist has suffered violation during certain occasion especially at some holy places. Due to overcrowd and lack of security in pious places, many assaults have acknowledged the eyes of people.

One of the traumatic events that led to huge outrage in social media was gangrape of a woman from Spanish origin. A Spanish woman was allegedly gang raped in Dumka district of Jharkhand when she was going to Nepal from West Bengal. She and her husband were on tour to India on two- wheeler The brave lady and her husband showed courage and filed a complaint against the accused. This incident raised questions about the security in secluded places and the lack of help in those areas. And even we there was no security, how can those acquits actually commit the crime, they simply had no fear of repercussions. One another shocking incident occurred in India were a assault of a Israeli women, two women were gang-raped and a man was killed in an attack near a popular Unesco World Heritage site in southern India, according to police. 

A 30-year-old French tourist was allegedly raped in Rajasthan’s Udaipur by an employee of an event management company on Monday (June 23, 2025) night. The accused engaged the French woman in conversation and offered to show her around the city. “Pushp Raj later took her to his rented apartment in Sukher locality, where he raped her,” the first information report registered by the police stated. It’s now proved that it’s perilous to trust on any local, it’s more like playing with fire. Udaipur being a major tourist destination attracts a massive tourist known for it’s dreamy lake views, however these incidents do take place amidst the chaotic crowd where the cry of a woman gets silenced and stopped.

These examples clarify about multiple factors being responsible for such mishaps, and these occurrences alone prove that the silence of people to such episodes gives rise to audacity of culprits. The question also show concern that why such mishaps gain huge popularity and praises in social media, and why they are so normalized in our country. 

The challenges foreigners face when reporting sexual harassment, including cultural, linguistic, and systemic barriers:

We might have seen how foreigners are depicted in Bollywood films, they show them as a woman who are easily available to anyone, who are morally and culturally very downgraded, women of other nationality are always shown in a two-piece bikini or some short dresses. We must have noticed how the movies make fun of their accent and culture. Well, it’s a high time that our movies must eradicate thinking foreigners as a box of chocolates that are easily available. Treating them as a normal woman or man is so needed. Movies and Film a huge role in shaping one’s way of psychological and cognitive thinking.

LAW’S STAND ON SEXUAL MISCONDUCT AND COERCION:

The Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code (IPC) on July 1, 2024, addresses sexual offences, including rape and gangrape, under Chapter V (Sections 63 to 73), titled “Of Offences Against Women and Children. It stands against the unwanted advances, unwelcome pursuit, inappropriate misconduct and violation of rights.

Section 200 of BNS ensures equal consideration for all victims, regardless of nationality or gender. BNS defines Rape under section 63 and gangrape under Section 70.⁶ And these are cognizable offences and police can arrest without warrant. If a victim’s circumstances fulfill the criteria of the sections, they are deemed to expect justice, and police can reasonably arrest the culprits and they are obligated to investigate as soon as possible. A foreign tourist witnessing such an incident can report it to the police, and their statement may be recorded as a witness under Section 180 of the BNSS (examination of witnesses by police). Their testimony could be crucial in court proceedings under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which governs evidence. The BNS ensures that justice is served without the officials depending on the sufferer’s nationality. The law doesn’t discriminate between foreign and a citizen of India, it ensures each and every individual has a right to demand justice, if they have been violated in territory of India.

How to build a simple, open system for foreigners to file complaints effortlessly.

The most prominent dilemma is the obstacle of language, as mentioned earlier, accent makes it quite impossible for local policeman to comprehend the trouble and wrong doings done to women tourist.

The state government must put effort in hiring a language expert for local police stations, basically for the places that attracts a good number of tourists. The person should present themselves when summoned, to make it easy for the police to understand what and how question, making it straightforward without any hurdles. And if it’s laborious to hire an expert, the policeman must be trained in using AI or other language related apps to prevent situation from being complicated.

If a victim has left the territory of India, and wants to file a complaint, Indian government should create a specific subject related E-portals to lodge a FIR, which should require less documentation process. An officer must be appointed to look after the matter and making it easily communicable through online platform. Ensuring that every word of victims must be encrypted and safe.

Setting up dedicated desks at major police stations, airports, and tourist hubs (e.g., Delhi, Mumbai, and Jaipur) staffed by female officers trained in handling sexual violence cases involving foreigners. These desks should offer translation services and liaise with embassies, reducing barriers like language and unfamiliarity with local systems.

Expanding fast-track courts for sexual violence cases to prioritize cases involving foreigners, ensuring trials conclude within two months, as mandated by the Criminal Law (Amendment) Act, 2013. This reduces the need for prolonged stays, which is critical for short-term visitors.

Imposing fine and penalties on person involving in non-consensual touch and passing of unacceptable comments on tourist, Presence of female staff around every famous tourist corner, for making it easy and accessible for any kind of aid needed to female traveler, Availability and working of CCTV cameras 24*7 around secluded eerie places to prevent commoners from luring women into silent places or tunnels.

INTERNATIONALLY ACCLAIMED BEST PRACTICES TO HELP TOURISTS

Thailand, a major tourism hub attracting over 30 million visitors annually, has established specialized Tourist Police units since 1982. These units, stationed in popular destinations like Bangkok and Phuket, are trained in handling cases involving foreigners, including sexual harassment and assault. Officers are fluent in English and other major languages, ensuring effective communication with victims. They also conduct proactive patrols in tourist areas and collaborate with embassies to expedite case resolution. India could adopt a similar model by creating Tourist Police units in high-traffic areas like Delhi, Jaipur, and Goa.

Costa Rica, known for its eco-tourism, operates a multilingual emergency helpline (911) that connects tourists to police, medical services, and embassy representatives. The helpline is staffed 24/7 with operators fluent in English, Spanish, and other languages, ensuring immediate assistance for foreign victims of crime. 

Australia’s “Respect Matters” campaign, launched in 2018, educates locals and tourists about preventing sexual harassment and violence. The campaign uses social media, public service announcements, and community workshops to promote bystander intervention and respect for personal boundaries. In India, where we noted the normalization of harassment on social media, a similar campaign could challenge harmful stereotypes about foreign women and encourage locals to act as allies. For example, the Ministry of Tourism could partner with influencers and NGOs to launch a campaign like “Safe Bharat for Atithi,” emphasizing the “Atithi Devo Bhava” ethos and promoting zero tolerance for harassment.

CONCLUSION 

The alarming rise in sexual harassment cases against foreign tourists in India, as evidenced by the 192 reported rapes in 2022 and high-profile incidents in Jharkhand, Hampi, and Udaipur, poses a grave threat to the nation’s cherished ethos of “Atithi Devo Bhava” and its global image as a welcoming destination. These incidents, compounded by cultural, linguistic, and systemic barriers, highlight the urgent need for comprehensive reforms to ensure the safety and dignity of women visitors. While the Bharatiya Nyaya Sanhita, 2023, provides a robust legal framework, its implementation falls short due to inconsistent police responses, visa complexities, and societal attitudes that normalize harassment. The proposed solutions—dedicated tourist police units, multilingual helplines, fast-track courts, and community-based safety networks inspired by international best practices offer a path forward. The Ministry of Tourism, with state governments, judiciary, and civil society, must act quickly to ensure victim-centric justice, public awareness, and respect, using tourism’s ₹2.3 lakh crore GDP contribution to restore India’s image as a safe and welcoming destination.