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Sexual Harassment
Context:
An employee of Raj Bhavan in Kolkata filed complaint of sexual harassment against the West Bengal Governor C.V. Ananda Bose.
Sexual harassment
Includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Constitutional Rights in India:
- Right to equality (Article 14): Sexual harassment discriminates against women and violates their right to equality before the law.
- Right to practice any profession or to carry on any occupation, trade, or business (Article 19(1)(g)): This may interfere with the victim’s ability to freely pursue his or her profession or vocation.
- Right to life and personal liberty (Article 21): This can be considered a violation of Article 21 as it violates a person’s right to live with dignity and physical integrity.
Laws Tackling Sexual Harassment
- Vishakha Guidelines (1997): The guidelines, established by the Supreme Court in 1997, defined sexual harassment and expected employers to prevent it.
- Prevention of Sexual Harassment (POSH) Act (2013): Defines sexual harassment and mandates the formation of Internal Complaint Committees (ICC) at workplaces with more than 10 employees.
- Indian Penal Code (IPC): Section 354 specifically addresses and outlines the punishment for such acts.
- Bhartiya Nyaya Sanhita 2023: About to replace the Indian Penal Code, Section 75 provides for stringent punishment for sexual harassment with imprisonment of up to 3 years.
- SHe-Box (Sexual Harassment e-Box): It is an online complaint management system launched by the Ministry of Women and Child Development in 2017 to provide a platform for women to lodge sexual harassment complaints regardless of their work status.
- Constitutional Immunity: Article 361 of the Indian Constitution provides legal protection to certain officials, exempting them from court accountability for their official duties.
Politicians faced sexual harassment charges:
Donald Trump: The former President of the United States has been accused of sexual misconduct, including rape, sexual assault, and sexual battery, by at least 25 women since the 1970s.