Defining Sexual Harassment, Legal Definition, Hostile Work Environment, Gender Harassment, Impact of Sexual Harassment, Prevention and Response.
Size: 106.13 KB
Language: en
Added: Apr 02, 2025
Slides: 3 pages
Slide Content
S
SEXUAL HARASSMENT AND
JUDICIAL PUNISHMENT IN
INDIA
Sexual Harassment and Judicial Punishment in
India: A Complicated Terrain
Sexual harassment is a pervasive issue globally, and India is no
exception. It manifests in various forms, from unwelcome verbal
comments and gestures to physical assault, disproportionately
affecting women and vulnerable populations. While legal
frameworks exist to address this problem, the path from reporting
an incident to achieving meaningful justice remains fraught with
challenges. The judiciary also sets legal precedents through its
judgments. Landmark cases have helped clarify the definition of
2
sexual harassment and organizations' responsibilities in
preventing it.
Definition of Sexual Harassment
Sec. 11: Sexual harassment is committed when with sexual intent
a person, utters any word, makes a sound, or gesture or exhibits
any object or part of the body or makes a child exhibit the body or
any part to be seen by him or by any other person, shows any
object for pornographic purposes.
Judicial Punishment: Aiming for Deterrence and
Justice
• The Sexual Harassment of Women at Workplace Act, 2013
(POSH)
• Sec. 12: Punishment up to 3 years + fine.
• Sec. 13: Pornographic purposes.
• Sec. 14 Punishment up to 5 years + fine.
Second conviction: 7 years + fine.
• As in S.3: If the child is directly used, punishment of at least 10
years.
• As in S.5: Life imprisonment & fine, if an involved person is a
public servant.
• As in S.7: If the person touches any private part, at least 6 years
(maybe extended to 8 years) + fine.
3
• Section 376 (Punishment for Rape): At least 7 years jail + fine.
This includes 376 (A), (B), (C), (D).