COMPARATIVE ANALYSIS OF SEXUAL HARASSMENT LAWS IN INDIA
Introduction: sexual harassment refers
to any form of unwelcome Sexual Behaviour which is Offensive, humiliating and
intimidating. Further, it is against the integrity of a person. Sexual
harassment comes in many forms and not a single one. It includes when someone
tries to touch, grab or make other physical contracts with a Person demands for
sexual Favors, making sexually coloured remarks, showing Pornography and any
other unwelcome act. It Psychologically, emotionally and socially affects the
victim and the work environment. • Sexual Harassment as defined under Vishaka
and others vs State of Rajasthan & others.
"Sexual Harassment includes such unwelcome
Sexually determined behaviour (whether directly or by implication) as:
(a) Physical contact and advances,
(b) A demand or
request for Sexual Favors;
(c) Sexually Coloured remarks;
(d) showing Pornography
(e) Any other form
of Unwelcome Physical and Verbal conduct of sexual nature."
“Where any of this act is committed in circumstances
wherein the victim of such conduct has a reasonable apprehension that in
relation to Victim's employment of work whether she is drawing Salary of
honorarium or voluntary, whether in government Public or private enterprise
such conduct can be humiliating and may constitute a health and safety problem.
It is discriminatory for Instance when the woman has reasonable grounds to
believe that nor objection would be a disadvantage in terms of recruiting,
promotion employment or when it creates hostile work environment Adverse
consequences might be visited if the victim does not constant to the conduct in
question or raises any objection thereto"
Main Answer: -
India has seen a very gradual and transformative
evolution from Indian Penal Code 1860 to Bhartiya Nyaya Sanhita BNS)
Sexual harassment law in IPC often lacked a
comprehensive foundation of Sexual harassment BNS Seeks to address these gaps
by modernizing laws to tackle cyber harassment, gender inclusivity, Stronger deterrence
through enhanced punishments.
(.) Comparative Analysis of IPC and BNS
• Provisions related to sexual Harassment under
Indian Penal Code. 1860
(1)Section 35A: The section de fines sexual harassment
as acts involving unwelcome contact, demands for Sexual favours, showing Pornography,
or making sexually coloured remarks Punishment: Imprisonment of up to three
years for Physical offenses to one year for verbal harassment
(2) Section 354 D: Introduced after the Nirbhaya case
in 2013, Criminalized Stalking. Online Stalking However, it lacked detailed
Provisions for digital harassment like revenge Porn tormentation of videos.
(3) section 509: Addresses acts intended to insult a woman's
modesty through words gestures, or sounds. This section was subjected to
interpretation case to case
limitations of the Indian Penal Code
Gender bias IPC Provisions focus more on women rather than
including harassment of men, transgenders and other individuals.
•
inadequate cyber laws: IPC offers a less
comprehensive view on cyber laws it does not cover the new forms of harassments
like Cyber-Bullying, which have become prevalent in the digital age. Lack of
comprehensive victim support:
Provisions for victim protection, rehabilitation and
redressal are under developed.
Provisions of Bhartiya Nyaya Sanhita:
The BNS retains love principles from the IPC but updates language and adds provisions to Cover modern forms of harassment.
Section 74: Specifically deals with acts that involve assault
or the use of criminal force against a woman with the intent to outrage or
knowing it is likely to outrage her modesty. The focus is on the Physical
aspect of the offense, where the Perpetrator's actions directly target the woman
's modesty
Punishment: Mandates a minimum imprisonment of one
year, which can extend up to five years and fine.
(ii) a demand or request for sexual Favors
(iii) showing pornography against the will of a woman.
(IV) Making sexually coloured remarks, shall be guilty
of the offense of sexual harassment Punishment: Rigorous imprisonment for a
term which may extend to three years, fine or Both making sexually coloured
remarks imprisonment of one year, or Fine, or Both
(3)Section 76: Assault or use of Criminal force to
woman with intent to disrobe. use of criminal Force towards woman with
intention of disrobing. or compelling her to be naked. Punishment imprisonment
of 3 years may extend to 7 years with fine or Both.
(4). Section 77: section deals with Capturing the
image of a woman engaging in a private alt under circumstances where she would
usually have the expectation of not being observed.
Punishment: imprisonment 1 year may extend to 3 years
with fine, or Both.
(5) Section 78: Stalking this section addresses
stalking, Contacting, attempting to contact such women to foster personal
interaction, monitoring a woman on internet, email or any other form of
electronic communication. Punishment: First conviction 3 years, Fine, or Both
repeated offence 5 years of imprisonment or fine, or Both
To sum up-the Following here are the Major differences
between IPC and BNS
|
Indian Penal
Code |
Bhartiya Nyaya
Sahita |
|
Scope: primarily
deals with physical forms of sexual harassment |
Scope: expands
to include other harassment and other misconducts |
|
Gender
Inclusivity: pre-dominantly recognise women as victims |
Gender Inclusivity:
adopts a gender-neutral stance, acknowledging all individuals as potential
victims |
|
Terminology: uses
terminology like outraging modesty which can be subjective. |
Terminology:
employees clear and more contemporary language |
|
Digital
offences: lacks comprehensive provisions for cyber crimes related cases |
Digital
Offenses: specifically addresses cyber harassment, including stalking and nonconsensual
sharing of images |
does this shift address contemporary
Challenges More effectively?
Positive Developments - Cyber harassment:
with the increasing prevalence of cybercrimes
Particularly against women and marginalized groups. Acts like revenge Porn,
Morphed images and online stalking are now explicitly recognized offering
victims a clearer Path to justice. The inclusion for digital evidence
Collection ensures better investigation and prosecution in Cyber harassment cases
Gender Inclusivity:
by adopting gender-neutral Language, BNS acknowledges
harass mint affects Genders This Change has been significant for the LGBTQ
Community which has been Historically been excluded from the protection Gendered
laws
Stronger Deterrence:
through
Enhanced Punishments: Repeated offenders and crimes committed in sensitive
areas like work places, hospitals, educational institutions face harsher penalties
under BNS. gravity of offense is given importance
Victim Centric Approach:
Emphasis on
victim Confidentiality and protection, particularly in digital crimes,
encourages more survivors to come forward.
Faster redressal Mechanisms: to reduce the trauma of
prolonged legal Battles
Critical opinion:
implementation
challenges:
despite Progressive changes in the BNS, challenges
like lack of police training, judicial delays, and Societal Stigma remain
significant hurdles.
The lack of
awareness and infrastructure:
that is often
not developed. Ambiguities in Gender Neutrality may lead to challenges in
Interpretation and application, especially concerning false accusations. The balance
between Protecting victims and Preventing Misuse needs to be clear
lack Of Preventive Framework:
The BNS Primarily focuses on Punishment rather than
Prevention. Measures like workplace Sensitization Programs, school curriculums
on Gender equality, and community-based awareness Campaigns are critical for
addressing sexual harassment at its root.
Lack of victim support system:
There is a need to establish dedicated support to
victims For Offering Counselling, legal aid, rehabilitation Service
over emphasis on Punishment:
Critics argue
that harsher Punishments alone may not deter Crimes Broder reforms, including
societal education and systemic changes are essential to reduce The Incident of
harassment
Conclusion: (IPC to BNS) the change from Indian penal code
to Bhartiya Nyaya Sanhita represents a significant step Forward in modernizing
India's legal frame work for addressing sexual harassment its Focuses on more
inclusivity, victim Protection, deterrent Punishment demonstrates an
understanding Socio-economic challenges BNS ensure that of all Genders have
access to justice and that Perpetrators puts accountability in a manner
Proportional to their crimes. There is still a long way to go in terms of gender
inclusivity in laws but progress persists gradually.
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