Public Grievance

In India, there are specific laws to address and combat sexual harassment, both in public spaces and workplaces. Here’s an overview of key Indian laws related to sexual harassment:

1:- Indian Penal Code (IPC) Provisions:

The Indian Penal Code outlines multiple sections that deal with different forms of sexual harassment:

1. Section 354A: Sexual Harassment
   This section criminalizes sexual harassment, which includes unwelcome sexual gestures, advances, or demands for sexual favors. It includes:
   1. Physical contact and advances involving unwelcome and explicit sexual overtures.
   2. Demand or request for sexual favors.
   3. Showing pornography against a person’s will.
   4. Making sexually colored remarks.

Punishment: Varies from up to 3 years of imprisonment and/or a fine.

A:- Section 354: Assault or Criminal Force to Outrage Modesty
This section criminalizes any act that assaults or uses criminal force against a woman intending to outrage her modesty.

Punishment: Imprisonment of up to 2 years or a fine or both.

B:- Section 354B: Assault or Use of Criminal Force with Intent to Disrobe
Any act where a person uses criminal force with an intention to disrobe a woman.

Punishment: Imprisonment of not less than 3 years, extendable up to 7 years, and a fine.

C:- Section 509: Word, Gesture, or Act Intended to Insult the Modesty of a Woman
This section criminalizes acts, words, or gestures intended to insult the modesty of a woman.

Punishment: Simple imprisonment for a term that may extend to 3 years and a fine.

2:- The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:

Also known as the POSH Act, this is the primary law aimed at preventing and addressing sexual harassment of women at the workplace. Key features include:

1. Definition of Sexual Harassment: Includes physical contact, advances, unwelcome sexual remarks, showing pornography, or any other unwelcome verbal or physical conduct of a sexual nature.
2. Internal Complaints Committee (ICC): Every organization with more than 10 employees must constitute an ICC to handle complaints.
3. Local Complaints Committee (LCC): Constituted at the district level to handle cases from organizations with fewer than 10 employees or where the complaint is against the employer.
4. Redressal Mechanism: Provides for the investigation and redressal of complaints within a stipulated period.

Punishment: The employer is held accountable for non-compliance with the law and can be fined up to ₹50,000 for failing to constitute an ICC or not addressing complaints adequately. Repeated violations can lead to higher penalties or cancellation of business licenses.

3:- Protection of Children from Sexual Offences (POCSO) Act, 2012:

This Act is specific to sexual offences against children (below 18 years) and includes provisions for:

1. Penalizing sexual harassment, assault, and exploitation of children.
2. Ensuring a child-friendly reporting mechanism and legal proceedings.

4:- Information Technology Act, 2000 (Amended 2008):

Under this Act, certain sections deal with online harassment and cyberbullying, which are also considered forms of sexual harassment:

1. Section 67: Penalizes publishing or transmitting obscene material in electronic form.
2. Section 66E: Penalizes violation of privacy by capturing, publishing, or transmitting private images of a person without their consent.

5:- The Indecent Representation of Women (Prohibition) Act, 1986:

This Act prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures, or in any other manner.

6:- The Vishaka Guidelines:

Before the POSH Act came into force, the Vishaka Guidelines laid down by the Supreme Court in 1997 defined what constituted sexual harassment and provided redressal guidelines for workplaces. These guidelines have now been incorporated into the POSH Act.

How to Report Sexual Harassment in India:

1. Filing an FIR: You can file an FIR at the local police station. You can also file an online FIR in some states. If the police refuse to file an FIR, you can escalate the matter to senior police officials or the court.
2. Internal Complaints Committee (ICC): If the incident occurs at the workplace, approach the ICC constituted by your organization.
3. District Officer or LCC: If your workplace does not have an ICC or if the harassment is by the employer, approach the Local Complaints Committee.

Key Points to Remember:

1. Harassment includes both physical and verbal actions that are unwelcome.
2. Women and children enjoy specific legal protections under these laws.
3. Online sexual harassment and cyberstalking are also punishable under the IT Act.

These laws aim to create a safer environment and offer a framework for redressal and justice. If you or someone you know is facing sexual harassment, it's crucial to be aware of your rights and the legal provisions in place.