Sexual Assault is a physical invasion of your body. It can sometimes result in bodily harm or injury, as well as psychological and emotional trauma. The definition of sexual assault includes rape, as well as other acts that invade or hurt your body. Other examples of sexual assault include inappropriate touching, groping, attempted rape, forcing you to perform a sexual act, or penetrating any part of your body with a part of their body, or with an object. If what happened included unwelcome touching of your body, the situation may have involved sexual assault.
Sexual Harassment ranges from unwanted touching, gesturing, and inappropriate jokes, to someone promising you a good grade or a promotion in exchange for sexual favors or requiring sexual favors in order to give you something you deserve or want in a school or work setting. Sexual harassment does not always have to be “sexual.” It can also look or feel like teasing, intimidating or offensive comments based on stereotypes (e.g., about how certain people “are” or should act), or bullying someone based on their sex, gender identity (man, woman, trans, intersex, nonbinary, two-spirit) or sexual orientation (queer, bisexual, lesbian, gay, asexual, pansexual, etc.). There is no requirement that the sexually harassing person or persons derive any sexual pleasure from their acts or that they are sexually attracted to their victims.
In short, sexual harassment is harassment that is sexual, sex-based, or gender-based in the nature of the harassment itself, regardless of the orientation, gender-identity, sexual interests or pleasure of the harasser.
Examples of sexual harassment include but are not limited to:
unwanted repeated requests for sexual favors or dates from a peer
requests for sexual favors or dates from a teacher to a student in a k-12 setting
inappropriate or lewd comments said or repeated to you or around you
inappropriate or lewd comments about someone’s body or appearance
saying bad things about someone (or about a group of people) based on gender identity or sexuality
gender-based or sexuality-based slurs (swear words)
jokes about sex, or making fun of people generally based on their gender identity or sexuality (i.e. “all women…” or “bisexual people are…”)
Note: It can still count as sexual harassment even if the behavior or comment is not aimed at you specifically. For example, if you are a trans student who hears a group of other students making offensive jokes or insults about trans people in general, that could still be considered harassment even if they were not directing those comments to you as an individual.
unwanted emails, texts, messages, videos, or photos of a sexual nature
gossip about someone’s personal relationships or sex life
unwanted touching of any body part, clothing, face, or hair,staring, leering, or making gestures of a sexual nature
blocking someone’s way or their movement, especially in a physically threatening or intimidating way
inappropriate touching, massaging, kissing, or hugging flashing or mooning
vulgar pictures or pornography, even if those pictures are not of or about you, if they are shown to you against your will repeatedly or in the context of other harassment.
Note: pornographic pictures of anybody under the age of 18 is illegal child pornography, even if the person who took or shared the pictures is also under the age of 18. If you are reporting vulgar pictures or pornography, the age of the subject of the pictures or videos can be an important fact to tell the responsible school party you are reporting to.
Important things to remember:
For something to be considered sexual assault or harassment, it matters what the person who was assaulted or harassed thinks; It does not matter if the person who did the assaulting or harassing thinks it was OK, harmless, not sexual, or “welcomed” (they thought you liked it, wanted it, or didn’t have a problem with it). It still counts as still sexual assault or harassment if the behavior made you feel unsafe or uncomfortable, was unwanted, or violated your body.
It still counts as sexual harassment even if you did not immediately say “stop,” or “no,” or something else to let the person know that what they were doing or saying was unwanted or inappropriate. For example, you might laugh at a joke, or accept a hug, because you’re caught off guard in the moment, or because you’re worried the person will react badly if you don’t go along. Or, in the case of sexual assault, you may have been too drunk or inebriated to consent. This is not your fault. Nobody deserves to be harmed by another person when incapacitated, no matter what.
You can still experience sexual assault event if you previously consented to sexual activity with that person, and if you used to date them or sleep with them. Saying “yes” once or even multiple times does not mean that you said “yes” to other sexual acts. Consent must be given (and asked for) every time.
Most importantly: It is never the victim’s or survivor’s fault. Do not let anyone blame or shame you.
TYPES OF OFFENCES AGAINST WOMEN:
Women in India are facing following types of offences:
•Physical assault,
•Mental abuse,
•Sexual harassment
•Rape,
•Sexual exploitation,F.Forcedorced prostitution,
•Kidnapping and abduction,
•Female foeticide and infanticide,
•Murder,
•Humiliation and abuse,
•domestic violence, etc.
In the era of globalization, women are facing sexual harassment at workplace as well as everywhere in the places of education, railway stations, public places etc. Therefore it is pertinent to study the legal provisions relating to sexual harassment in India.
For the first time in 1997, in the case of Vishaka Vs. State of Rajasthan and others, (AIR ,1997 S.C 3011), ‘sexual harassment’ has been explicitly- legally defined by the Supreme Court of India, as an unwelcome sexual gesture or behaviour whether directly or indirectly as,
1. Sexually coloured remarks
2. Physical contact and advances
3. Showing pornography
4. A demand or request for sexual favours
5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.
In the abovementioned case, the judgment was delivered by J.S.Verma. CJ, on behalf of Sujata Manohar and B.N.Kirpal, JJ., on a writ petition filed by ‘Vishaka’- a non Governmental organization working for gender equality by way of PIL seeking enforcement of fundamental rights of working women under Article.21 of the Constitution.
The immediate cause for filing the petition was the alleged brutal gang rape of a social worker of Rajasthan. The Supreme Court in absence of any enacted law (which still remains absent- save the Supreme Court guidelines as stated hereunder) to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment, laid down the following guidelines:
1. All the employers in charge of work place whether in the public or the private sector, should take appropriate steps to prevent sexual harassment without prejudice to the generality of his obligation; he should take the following steps:
a) Express prohibition of sexual harassment which includes physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornographic or any other unwelcome physical, verbal/ non-verbal conduct of sexual nature should be noticed, published and circulated in appropriate ways.
b) The rules and regulations of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
c) As regards private employers, steps should be taken to include the aforesaid prohibitions in the Standing Orders under the Industrial Employment (Standing Orders) Act, 1946.
d) Appropriate work conditions should be provided in respect of work leisure, health, hygiene- to further ensure that there is no hostile environment towards women and no woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
2. Where such conduct amounts to specific offences under the Indian Penal Code or any other law the employer shall initiate appropriate action in accordance with the law, by making a complaint with the appropriate authority.
3. Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
These Supreme Court guidelines are applicable to:
The employer or other responsible persons or other institutions to prevent sexual harassment and to provide procedures for the resolution of complaints;
Women who either draw a regular salary, receive an honorarium, or work in a voluntary capacity- in the government, private or organized sector come under the purview of these guidelines.
The rape laws in India is wider in comparison to the existing laws on sexual harassment and is to be found under section 375 and section 376 of the IPC.
The laws on sexual harassment as mentioned earlier are enlisted under sections 294, 354 and 509 of the IPC. These laws are made for the benefit of the public and hence it is a duty on the part of the state that they should be properly implemented for the benefit of the needy people.
Because most victims of sexual harassment don’t speak out, we don’t understand the seriousness and pervasive nature of it.
Hence it becomes difficult to document the extent of sexual harassment.
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire. However, it also not true that all cases of sexual harassment are such- where the accused is guilty of conceiving the intention of a sexual intercourse. But it also depends on each individual case and circumstances, because it may well be the case that the woman may also be at fault.
In Vishaka Vs. State of Rajasthan and others,[1] the Supreme Court of India laid down the norms and guidelines to be followed by the employers for tackling the incidents of sexual harassment of women at workplace and other institutions. The guidelines issued by the Supreme Court also suggested regarding setting up of a complaints redress forum in all work places and amendment of the disciplinary / conduct rules governing employees by incorporating the norms and guidelines.
We have observed that in some of the cases where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade and in some of the cases acquittal order of the offender is passed by the Apex court due to lack of evidence. In Sexual harassment cases secrecy is maintained by the Women Cell but few aggrieved women takes initiative to file a complaint. In the Courts, victims are suffered because of a lengthy judicial procedure followed with a hearing, cross examinations, appeal etc. So very few woman have shown the courage to fight for justice. Some of the landmark decisions of the prominent cases are discussed as below:
In Rupan Deol Bajaj Vs. K. P. S. Gill (1998 S.C.), a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.
The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. 294 and 509 of the Indian Penal Code.
Rights Guaranteed under the Constitution of India:Part III of our Constitution of India guarantees certain rights for the protection of rights of Women, are as follows:
Art. 14 –Right to equality
Art. 15 – Discrimination on ground of race, caste, sex etc.
Art.16 – Equality of Opportunity
Art .19 – Right to Freedom
Art .21 – Right to life & Liberty
Art .23 -- Prohibition of traffic in human beings & forced labour.
Art . 25 – Freedom of conscience & free profession, practise & propagation of religion.
Art .39 – Certain principles to be followed by State :-
(a) Men and Women equally have the right to an adequate means of livelihood.
(b) Equal pay for equal work for both for men & women
(c) Health & strength of workers men and women & tender age of children are not abused & citizens are not forced by eco. Necessity.
Art. 39-A – Equal justice to free legal aid
Art. 42 – Provisions for just & humane condition of work & maternity reliefs.
Art. 51 (A) Fundamental duties –
(e) to promote harmony … to practices derogatory to the dignity of women.
OTHER LEGAL PROVISIONS
Definition of ‘Rape’ is given under Section 375 of the Indian Penal Code, 1860, as “a man is said to commit the offence of rape with a woman under the following six circumstances:
1. Sexual intercourse against the victims will,
2. withoutthe victims con sent,
3. with her consent, when her consent has been obtained by putting her or any person that she may be interested in fear of death or hurt,
4. with her consent, when the man knows that he is not her husband,
5. withher consent, when at the time of giving such consent she was intoxicated, or is suffering from unsoundness of mind and does not understand the nature and consequences of that to which she gives consen t,
6.with or without her consent when she is under sixteen years of age.
Further explanation provided to the section states that penetration is sufficient to constitute the sexual intercourse necessary to constitute the offence of rape, whereas the exception leaves out marital rape altogether if the wife is not under fifteen years of age.
Criminal Law Amendment Act, 1983:
The Criminal Law Amendment Act has substantially changed Sections.375 and 376 of the IPC. Several new sections have been introduced therein- viz. Sections. 376(A), 376(B), 376(C), 376(D) of the IPC.
Section. 376(A) punishes sexual intercourse with wife without her consent by a judicially separated husband.
Section. 376(B) punishes for sexual intercourse by a public servant with a woman in custody.
Section. 376(C) punishes sexual intercourse by superintendent of jail, remand house, etc. whereas,Section. 376(D) punishes sexual intercourse by any member of the management or staff of a hospital with any woman in that hospital.
These new sections have been introduced with a view to stop sexual abuse of women in custody, care and control by various persons- which though not amounting to rape were nevertheless considered highly reprehensible.
Attempt to Rape:
In cases where an indecent assault is made upon the person of a woman, but where rape is not committed- the culprit is charged with Section.354 of IPC, because unless the Court is satisfied that there was determination in the accused to gratify his passion at any cost, and in spite of all resistance, such person is not charged with rape.
Section.354 of the IPC prescribes punishment for anyone who assaults or uses criminal force to any woman with intent to outrage her modesty.
An indecent assault upon a woman is punishable under this section.
Rape is punished under Section 376 of Indian Penal Code; but the offence under this Section is of less gravity than rape.
An indecent assault, i.e., an assault which right minded persons would consider as indecent- accordingly any evidence explaining the defendants conduct, or whether any admission by him or otherwise is admissible to establish whether he intended to commit an indecent assault, as is stated under Section.21 sub clause (2) of the Evidence Act, which reads as under:
Section.21 (2): An admission may be proved by or on behalf of the person making it, when it consists of statements of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable.
In the present circumstances when offences against women are on the rise when young girls are raped,molested in broad daylight in educational institutions, the definition of ‘rape’ to be of any deterrence- falls extremely inadequate. It does not address forced penetration of objects and parts of the body into the vagina and anus; and forced oral or anal intercourse.
It also does not recognize other forms of sexual assaults- like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.
Adding to this is Section. 155(4) of the Evidence Act, which allows the victim to be questioned of her past sexual history. During the trial of the case, the defense utilizes these provisions to humiliate & harasses the victim in the Courtroom.
In cases where the accused sexually harasses or insults the modesty of a woman by way of either- obscene acts or songs or- by means of words, gesture, or acts intended to insult the modesty of a woman, is liable for punishment under Sections.294 and 509 of the Indian Penal Code respectively.
However, another important ingredient of this offence is that the obscene acts or songs must be committed or sung in or near any public place.
Section 509 of the Indian Penal Code, is effective when there is an intention to insult the modesty of any woman by the offender by uttering any word, making any sound or gesture or by exhibiting any object, with the intention that such word or such sound be heard, or that such gesture or object be seen by such a woman, or by intruding upon the privacy of such a woman.
Thus, this Section requires:
1. Intention to insult the modesty of a woman.
2. Theinsult be caused b y
i) Uttering any word or gesture, or
ii) Exhibiting any object with the intention that such word, gesture, or object be hear or seen by such a woman, or
iii) By intruding upon the privacy of such woman.
We also have Indecent Representation of Women Act, 1986 to protect harassment of Women.
CONCLUSION & SUGGESTIONS:
Though violent conduct is prohibited both by law and by University rules, a specific policy defining sexual harassment is required to address the specific form and extent of sexual harassment in the University. The policy recognises that sexual harassment is not an offence merely amounting to disruption of law and order. Sexual harassment in educational institutions is an act which violates gender equality and right to education in healthy environment for all. Sexual harassment not only affects students but reinforces gender-based discrimination for everyone.
Sexual harassment cases in educational institutions should be dealt with seriously. It affects personality, mental & physical growth, development of the young girls. Secrecy should be maintained in such matters. Publicity of such matters affects life of students. It is observed from the reports of the newspapers that sometimes Teachers, Professors, Trustees, Doctors, Heads of the Departments etc. of the educational institutions in the various fields like medical, engineering, architect, hotel management, law etc. takes undue advantage of the situation of students during examinations, study tours, picnics etc. Teaching is a noble profession and if teacher is found guilty of the sexual harassment offence then it affects mind of the society especially girls about education system. Therefore, some stringent measures should be taken to prevent such cases in the educational institutions.
We have some legal provisions to deal with sexual harassment cases but it takes time to give justice to the victims due to lengthy procedure of the Judiciary. Sometimes it results into acquittal of the offender due to lack of evidence, then victims looses faith on the justice system.
Therefore, the mechanism established for registering complaints against sexual harassment should be accessible easily. Cognizance of the complaints about sexual harassments should be taken immediately and enquiries should be conducted by following proper and due procedure of law. If required, then medical, police and legal assistance should be sought with the consent of the complainant. Preventive measures should be adopted to tackle with sexual harassment cases. Counseling centers should be made available in the educational institutions for appropriate psychological, mental, and physical support to the victims. It, therefore, becomes vital that various educational institutions, should take adequate measures to ensure the safety, security, dignity of human rights and equality of women as much as of men. Such measures will strengthen social and professional relationships at the educational institutions.
We are celebrating International Women Day every year, but there is constant increase in the offences relating to women especially sexual harassment to women. We have been observing such cases at worldwide level.
This is not a problem of women in India but it is of global importance. Woman plays a vital role in the society but she has not received that level of love, affection, respect, which she gives to others. Global community should respect and maintain the dignity of women, and then only we can celebrate International Women Day in the real sense.
Great information!
Dnt stop !