Understanding Sexual Harassment: Legal Definitions and Rights

Sexual harassment, a form of unlawful discrimination, involves unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment. In India, the law offers strong protection against sexual harassment, particularly in the workplace, and provides various remedies for victims.

Legal Provisions for Sexual Harassment:

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act): This law addresses sexual harassment in workplaces, defining sexual harassment and providing mechanisms for complaint and redress.

   • Punishment: The law mandates appropriate punishment, which may include termination of employment, a fine, or other disciplinary actions depending on the severity of the offense.

2. Section 75 BNS: Defines and penalizes sexual harassment including unwelcome physical contact, sexual advances, or requests for sexual favors.

   • Punishment: Imprisonment up to 3 years, or fine, or both.

3. Section 79 BNS: Punishes anyone who intends to insult the modesty of a woman through words, gestures, or exhibiting any object.

   • Punishment: Imprisonment up to 3 year, or fine, or both.

4. Section 74 BNS: Addresses assault or criminal force with intent to outrage a woman’s modesty.

   • Punishment: Imprisonment up to 5 years, or fine, or both.

Legal Remedies for Sexual Harassment :

1. Filing a Complaint under the POSH Act: Victims can file a complaint with the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) at their workplace within three months of the incident. The committee investigates the matter and takes action, including disciplinary measures against the offender.

2. FIR under Section 75 or 79 BNS: Victims can file a First Information Report (FIR) at the local police station. The police will investigate, and if proven, the accused will face punishment under the relevant sections of the IPC.

3. Civil Suit for Damages: Victims can file a civil suit for compensation if the harassment causes emotional or physical harm. The civil courts may award damages for suffering and medical expenses.

4. Protection Orders: In cases where harassment escalates to physical assault or stalking, the victim can seek a restraining order or protection order from the court.

5. Cyber Crime Complaint: If the harassment occurs online, the victim can file a cybercrime complaint with the police or the cybercrime cell. This applies to cases involving offensive messages, images, or stalking via digital platforms.

Police Procedure for Sexual Harassment Cases:

1. Filing an FIR: The victim must lodge an FIR at the local police station, detailing the harassment, the offender, and any available evidence such as text messages, emails, or witness statements.

2. Investigation: Upon filing the FIR, the police will begin an investigation, which may involve collecting evidence, interviewing witnesses, and securing any digital or physical proof of harassment.

3. Arrest and Charges: If the investigation yields sufficient evidence, the police may arrest the accused and charge them under the relevant sections of the BNS.

4. Judicial Process: The case proceeds to court, where the victim may provide testimony. The accused will face trial, and if found guilty, will be punished according to the applicable law.