Gender and Sexual Harassment Laws: Understanding the Legal Framework
Written by Suhani Dutta
Table of Contents
- Introduction
- The Legal Framework:
- The Indian Penal Code:
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
- The Protection of Women from Domestic Violence Act, 2005:
- Conclusion:
Introduction
Gender and sexual harassment are issues that have gained increasing attention in recent years. Sexual harassment is a form of gender discrimination that violates the basic right to equality and dignity. It is a pervasive problem that affects women and men of all ages and backgrounds. In India, there are several laws in place to protect against gender and sexual harassment, but there is still much work to be done to ensure that these laws are enforced and that victims receive justice.
The Legal Framework:
There are several laws in India that deal with gender and sexual harassment. The most important of these are the Indian Penal Code, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Protection of Women from Domestic Violence Act, 2005.
The Indian Penal Code:
The Indian Penal Code (IPC) is the primary criminal code of India. It contains several provisions that deal with gender and sexual harassment. Sections 354 and 354A of the IPC deal with sexual harassment and assault. These sections define sexual harassment and provide for punishments ranging from imprisonment to fines.
Section 354 of the IPC deals with assault or criminal force on a woman with the intention of outraging her modesty. This can include acts such as touching or groping without consent, and the punishment can range from one to five years of imprisonment and/or a fine.
Section 354A of the IPC deals with sexual harassment and provides for punishment ranging from a fine to three years of imprisonment. This section defines sexual harassment as any unwelcome physical contact or advances, demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a comprehensive law that deals with sexual harassment in the workplace. The Act defines sexual harassment and provides for the establishment of Internal Complaints Committees (ICCs) in workplaces with more than ten employees. It also mandates that every workplace must have a sexual harassment policy in place.
The Act defines sexual harassment as any unwelcome physical contact or advances, demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
The Act also provides for penalties for non-compliance with the provisions of the Act, including fines and imprisonment.
The Protection of Women from Domestic Violence Act, 2005:
The Protection of Women from Domestic Violence Act, 2005 is a civil law that deals with domestic violence against women. The Act defines domestic violence broadly to include physical, sexual, emotional, verbal, and economic abuse. It provides for the establishment of Protection Officers who can assist victims in obtaining protection orders.
The Act provides for a wide range of reliefs for victims, including protection orders, residence orders, monetary relief, and custody orders. It also provides for penalties for non-compliance with the provisions of the Act, including fines and imprisonment.
Conclusion:
Gender and sexual harassment are serious issues that require a strong legal framework to address them. While there are several laws in place to protect against gender and sexual harassment, the implementation and enforcement of these laws are crucial in ensuring that victims receive justice.
It is important for individuals, organisations and institutions to create a safe environment and culture that is free from sexual harassment and gender discrimination. This can be achieved by raising awareness about the issue, providing training to prevent and address sexual harassment, and ensuring that victims have access to support and resources.
Keywords: Gender, sexual harassment, workplace, laws, policies, prevention, redressal, women, protection, legal framework, psychological harassment, physical harassment, safe environment.
