2 minSocial Issue
Social Issue

Sexual Harassment

What is Sexual Harassment?

Sexual harassment involves any unwelcome sexual behavior, whether physical, verbal, or non-verbal, that affects a person's dignity, creates a hostile or offensive environment, or interferes with their work or academic performance. It is a violation of fundamental rights and a criminal offense.

Historical Background

The issue gained significant legal recognition in India after the Vishaka v. State of Rajasthan (1997) Supreme Court judgment, which laid down guidelines for preventing sexual harassment at the workplace. These guidelines were later codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Indian Penal Code (IPC), and now the Bharatiya Nyaya Sanhita (BNS), also contain specific sections addressing sexual harassment.

Key Points

8 points
  • 1.

    Defined broadly to include physical contact and advances, a 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.

  • 2.

    The POSH Act 2013 mandates the constitution of Internal Complaints Committees (ICCs) in workplaces with 10 or more employees and Local Complaints Committees (LCCs) at the district level.

  • 3.

    Bharatiya Nyaya Sanhita (BNS), Section 75 (replacing IPC Section 354A), specifically deals with sexual harassment, prescribing imprisonment and fines.

  • 4.

    Other sections of BNS (e.g., Section 76 for assault or criminal force with intent to outrage modesty, Section 77 for voyeurism, Section 78 for stalking) also cover related offenses.

  • 5.

    Focus on creating a safe and respectful environment for all individuals.

  • 6.

    Provides for a redressal mechanism and protection against victimization.

  • 7.

    Applies to both workplaces and educational institutions (though specific provisions for educational institutions are often covered by institutional policies or other acts).

  • 8.

    Emphasizes confidentiality and timely resolution of complaints.

Visual Insights

Sexual Harassment: Understanding and Prevention

This mind map outlines the key aspects of sexual harassment, including its definition, legal framework, and prevention mechanisms, highlighting its relevance to various aspects of the UPSC syllabus.

Sexual Harassment

  • Definition & Types
  • Legal Framework (India)
  • Prevention & Redressal
  • Impact & Challenges

Recent Developments

5 developments

Implementation of the Bharatiya Nyaya Sanhita (BNS), which consolidates and updates laws related to sexual harassment.

Increased awareness campaigns and training programs on POSH Act compliance.

Debates around the effectiveness of ICC/LCCs and the need for stronger enforcement.

Focus on addressing sexual harassment in online spaces and through digital means.

Calls for extending protections to all genders and strengthening mechanisms in educational institutions.

This Concept in News

1 topics

Source Topic

MeToo Movement: Lingering Silence and the Ongoing Fight for Justice

Social Issues

UPSC Relevance

Highly relevant for UPSC GS Paper 1 (Social Issues, Women's issues), GS Paper 2 (Governance, Social Justice, Laws, Constitutional provisions), and GS Paper 4 (Ethics - gender sensitivity, institutional ethics). Questions on women's safety, legal reforms, and social justice are frequent in Mains. Prelims may ask about specific acts, articles, or landmark judgments.

Sexual Harassment: Understanding and Prevention

This mind map outlines the key aspects of sexual harassment, including its definition, legal framework, and prevention mechanisms, highlighting its relevance to various aspects of the UPSC syllabus.

Sexual Harassment

Quid pro quo, Hostile environment

POSH Act, Vishaka Guidelines

ICC, LCC

Stigma, Reporting issues

Connections
Definition & TypesLegal Framework (India)
Legal Framework (India)Prevention & Redressal
Prevention & RedressalImpact & Challenges