India
oi-Briti Roy Barman
New Delhi, Jan 28: The Bombay High Court is on the pattern after the only decide bench not too long ago pronounced two verdicts following “the act of holding a woman’s arms and opening the zip of pants is not going to come underneath the definition of sexual assault” and “groping a minor’s breast with out “skin-to-skin contact” can’t be termed as sexual assault” each underneath POCSO act.
What is the distinction between Sexual Harassment and Sexual Assault:
Sexual Assault
Sexual assault refers to sexual contact or habits, usually bodily, that happens with out the consent of the sufferer.
The time period sexual assault can describe a variety of prison acts which are sexual in nature, from undesirable touching and kissing, to rubbing, groping or forcing the sufferer to the touch the perpetrator in sexual methods. But sexual assault overlaps with rape as a result of the time period consists of rape.
Some types of sexual assault embody:
- Penetration of the sufferer’s physique, also called rape.
- Attempted rape.
- Forcing a sufferer to carry out sexual acts, corresponding to oral intercourse or penetration of the perpetrator’s physique.
- Fondling or undesirable sexual touching.
What is the punishment for Sexual assault underneath the IPC?
Such an act is punishable with both easy or rigorous imprisonment of as much as 2 years, or a superb, or each.
Sexual Harassment
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and different verbal or bodily harassment.
Sexual harassment doesn’t at all times should be particularly about sexual habits or directed at a selected individual. For instance, unfavorable feedback about ladies as a bunch could also be a type of sexual harassment.
Sexual harassment is a broader time period than sexual assault, encompassing two classes of impermissible habits.
One is sexual coercion, which is legally termed “quid professional quo harassment” – referring to implicit or specific makes an attempt to make work situations contingent upon sexual cooperation.
Unwanted sexual consideration: This one covers undesirable touching, hugging, stroking, kissing, relentless stress for dates or sexual habits. To represent illegal sexual harassment, the sexual advances have to be unwelcome and unsightly to the recipient.
Unwanted sexual consideration can embody sexual assault and even rape.
How is Sexual Harassment outlined underneath the IPC?
- Physical contact and advances involving unwelcome and specific sexual overtures.
- A requirement or request for sexual favours.
- Showing pornography in opposition to the need of a girl.
- Making sexually colored remarks.
What is the punishment for Sexual Harassment underneath the IPC?
The punishment for (i), (ii) and (iii) as given above is rigorous imprisonment for a time period which will lengthen to three years, or a superb, or each whereas the punishment for (iv) is both easy or rigorous imprisonment for a time period which can lengthen to 1 yr, or a superb, or each.
