Sexual harassment is a serious violation of personal dignity and fundamental rights. In India, it is recognized as a criminal offense under various laws that aim to protect individuals, especially women, from harassment in workplaces, public spaces, and online.
What is Sexual Harassment?
Sexual harassment includes unwelcome acts, gestures, or advances of a sexual nature that cause discomfort, humiliation, or a hostile environment. It can be physical, verbal, or non-verbal and can occur in any setting—workplaces, educational institutions, public spaces, and even online.
Laws Governing Sexual Harassment in India
1.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This law, commonly known as the POSH Act, provides protection to women in workplaces and ensures a safe working environment. It defines sexual harassment as:
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
The Act mandates that every organization with 10 or more employees must have an Internal Complaints Committee (ICC) to address complaints.
2.Indian Penal Code (IPC), 1860
The IPC has several provisions to criminalize sexual harassment:
- Section 354A – Punishment for sexual harassment (up to 3 years of imprisonment or fine)
- Section 354B – Assault with the intent to disrobe a woman
- Section 354C – Voyeurism (watching or capturing images of a woman in private acts)
- Section 354D – Stalking (repeated unwanted contact or following)
- Section 509 – Words, gestures, or acts intended to insult a woman’s modesty
3. Information Technology (IT) Act, 2000
The IT Act addresses online sexual harassment, including:
- Section 66E – Publishing or transmitting private images of a person without consent
- Section 67 – Publishing or transmitting obscene material online
- Section 67A – Publishing or transmitting sexually explicit material
4.Protection of Children from Sexual Offences (POCSO) Act, 2012
This Act specifically protects minors from sexual harassment, assault, and exploitation, ensuring stringent punishment for offenders.
How to Report Sexual Harassment?
Victims of sexual harassment can seek justice through the following means:
1.Internal Complaints Committee (ICC): File a complaint if harassment occurs in the workplace.
2.Police Complaint: Approach the nearest police station and file an FIR under relevant IPC sections.
3.National & State Commissions for Women: These bodies provide assistance and legal support.
4.Online Portals: Complaints can be registered at SHe-Box for workplace harassment or cybercrime.gov.in for online harassment.
Punishments for Sexual Harassment
- Workplace harassment cases: Employers may be penalized for non-compliance with the POSH Act.
- Criminal cases: Offenders can face imprisonment from 1 to 7 years, depending on the severity of the crime.
Sexual harassment is a grave violation of human rights, and Indian laws provide strong legal protection. It is crucial for individuals, especially women, to be aware of their rights and take action against any form of harassment. Organizations and institutions must also ensure a safe and harassment-free environment.
If you or someone you know is facing sexual harassment, do not hesitate to seek legal help and report the incident. Together, we can work towards a safer and more equal society.
SHE LIT TEAM