Steps Taken by Indian Government on Sexual Harassment in India.<\/strong> <\/td>\n \n Explanation<\/strong>\n <\/td><\/tr>Mandatory Sexual Harassment Prevention Policy<\/strong> <\/strong> <\/td>| The government has mandated that all organizations with more than 10 employees must have a sexual harassment prevention policy in place and make it available to their employees. <\/td><\/tr> | Formation of Internal Complaints Committees (ICC)<\/strong> <\/strong> <\/td>| The law requires that every workplace with more than 10 employees establishes an ICC to address complaints of sexual harassment. <\/td><\/tr> | Training programs for employees<\/strong> <\/strong> <\/td>| The government has made it mandatory for all employees and employers to attend regular training sessions and workshops on sexual harassment. <\/td><\/tr> | Awareness campaigns<\/strong> <\/strong> <\/td>| The government has launched various awareness campaigns to encourage women to speak out about sexual harassment and to educate men on the importance of preventing harassment. <\/td><\/tr> | Establishment of One Stop Centres (OSC)<\/strong> <\/strong> <\/td>| The Indian government has established One Stop Centres (OSC) across the country to provide support to women who have experienced sexual harassment. <\/td><\/tr> | Set up of Women Helpline & Mobile app<\/strong> <\/strong> <\/td>Women can now call a dedicated helpline to report and seek help on issues related to sexual harassment. Additionally, a mobile app has also been launched by the government that offers a range of support services for victims of sexual harassment. <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<\/span>Acts of Legal Protection for Women from Rape in India<\/span><\/h2>\n\n\n\nThe Criminal Law (Amendment) Act of 2013 introduced\nseveral amendments to the Indian Penal Code (IPC), the Code of Criminal\nProcedure (CrPC), and the Indian Evidence Act (IEA). The amendments aimed to\nwiden the definition of rape and make the law gender neutral. Additionally, the\nAct amended the POCSO to include provisions relating to rape.<\/p>\n\n\n\n \n- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013<\/strong>
The Indian Government enacted this law to prevent and address the issue of sexual harassment in the workplace, covering all forms of harassment and violence against women.<\/li>\n\n\n\n- The Criminal Law (Amendment) Act, 2013<\/strong>
The Criminal Law (Amendment) Act, 2013, defines rape as non-consensual sexual intercourse. It expands the definition of rape to include oral and anal sex, and it does not require physical resistance to establish rape. The definition also includes the act of penetration, which has always been a contentious issue in the rape laws in India. Earlier, the law required evidence of force or coercion to establish rape. However, the 2013 Act recognizes that consent is the basis for any sexual act. It defines consent as “an unequivocal and voluntary agreement to engage in sexual activity”.
The 2013 Act also introduced the concept of marital rape. It criminalises sexual intercourse by a husband with his wife if the wife is under 18 years of age and if the sexual act is against her will. This amendment is a progressive step towards gender equality and acknowledges the principle of sexual autonomy. The punishment for rape has also been made more stringent. The minimum punishment for rape is now seven years of imprisonment, which can extend to life imprisonment. The Act also introduces the death penalty for repeat offenders and in cases where the victim is a minor. The Act also provides for an enhanced sentence for gang rape and rape committed by a public servant.
The Act also provides for the establishment of fast-track courts for the speedy trial of rape cases. It mandates that the trial be completed within two months of the accused being charged. In order to protect the victim’s privacy, the Act also mandates that a woman doctor examine the victim and that the trial take place behind closed doors. <\/li>\n\n\n\n- The POCSO Act, 2012<\/strong>
The POCSO Act of 2012 was enacted to protect children from sexual abuse and exploitation. The Act defines sexual offenses against children and provides for punishment for such offenses. It also establishes special courts for the trial of offenses against children and provides for a child-friendly approach in the investigation and trial of such cases.
The Act introduced several provisions aimed at protecting the child’s privacy and ensuring their safety during the investigation and trial. It also imposes a duty on the government to provide medical care, counselling, and rehabilitation to the victim.
The POCSO Act also recognises the principle of ‘age of consent’. It states that any sexual activity with a child under the age of 18 is categorised as sexual abuse. The Act provides for the prosecution of any person who sexually exploits a child, including their parents or guardians. <\/li>\n\n\n\n- The Indian Penal Code was also amended in 2013<\/strong>
The Indian Penal Code was also amended in 2013, expanding the definition of rape and including various forms of sexual harassment. Because this amended law is gender-neutral, it provides protections for both men and women who are the victims of sexual harassment. The expanded definition includes unwanted physical contact, voyeurism, stalking, and other forms of harassment.<\/li>\n\n\n\n- Constitution of India<\/strong>
Prevention of sexual harassment, as defined in the Indian Constitution, includes unwanted verbal, non-verbal, and physical conduct of a sexual nature. Such behaviour creates a hostile, degrading, or intolerable environment for the victim and is prohibited under various laws and regulations. Several articles of the Indian Constitution mandate protection against sexual harassment, including Articles 14, 15, and 21.
Thus, the Indian legal framework has put in place comprehensive legal protection against rape and other sexual offenses against women and children. However, the implementation of the law remains a major challenge. There is a need for a change in societal attitudes towards women and the establishment of effective mechanisms to ensure that the law is enforced. Until that happens, the legal protection provided will remain incomplete, and the aspirations of securing justice for victims of rape will remain a mirage. <\/li>\n<\/ul>\n\n\n\n | | | | | | | | |