The most recent report on crime against women in India by the NCRB says that there is an increase by 15.3% in the cases recorded in crime committed against women.
Cases like cruelty by husband or relatives, assault on women with intent to outrage her modesty, kidnapping and abduction of women and rape. Since these numbers never seem to go down for a substantial period of time now, laws in India, be it the Sexual Harassment of Women at the work place (Prevention, Prohibition, and Redressal) Act 2013 (PoSH) the Indian Penal Code, and the Domestic Violence Act, where they are drafted in a way which addressed the major issues women face in the country that include domestic violence, rape, sexual harassment/assault, or even assault or criminal force to women with intent to outrage modesty are all women centric, addressing different issues that where faced by women all over the country.
This does not imply that people belonging to genders other than women do not face harassment, or any of the other above listed issues that can have an effect over a person physiologically or psychologically.
Under PoSH itself, in 2014, in the case of Malabika Bhattacharjee v. The Vivekananda College and Ors.,[1] wherein the Calcutta High Court held that same gender sexual harassment complaints are also maintainable under the PoSH act. Even though this is a really small step towards turning the law gender neutral, this does not really create a huge impact in this space as of now.
The first steps to make laws in India gender neutral was taken up by the parliament, when it passed the Criminal Law Amendment Bill 2013, in which under section 326A, and 326B, which talks about voluntarily causing grievous hurt by throwing acid and voluntarily causing grievous hurt by attempting to throw acid are one of the first gender neutral laws implemented in the Indian Penal Code.[2]
Physical harassment protections
The current gender neutral laws that are enforced are also listed below for protection against physical harassment:
- POCSO for people under the age of 18
- UGC Sexual Harassment (Prevention, Prohibition, and Redressal) Act
- The already discussed above S. 326A and 326B under the Indian Penal Code
Other gender people are identified as victims in certain laws that are as follows:
- S. 377- which is the section against Sodomy even though this currently has a limited application and is only applicable if the act is non-consensual;
- If a organisation has implemented a gender neutral posh policy at the workplace, the aggrieved party can approach the IC;
- If the organisation does not have a gender neutral posh policy, the aggrieved party can approach the disciplinary committee under the code of conduct;
Complaints can filed with the police and other authorities under these provisions:
- S. 294 of the IPC which talks about obscene acts and songs
- S. 298 of the IPC Harassment by uttered words to wound religious sentiments
- S. 306 of the IPC discusses abetment to suicide, in this scenario wherein a person attempts to commit or commits suicide due to harassment faced
- S. 352 of the IPC: Criminal force or assault
- S. 355 of the IPC: Criminal force or assault with the intention to dishonour the person
- S. 506 of the IPC covers criminal intimidation
- S. 504 of the IPC covers intentional insult with the intention to provoke
- Another recourse for wrongful termination, violent behaviour at the workplace, late or no wages paid can be sought under various respective labor laws or the organisation’s code of conduct
- Section 501 covers to the extent of printing or engraving matter known to be defamatory
Virtual harassment protections
Protection against virtual harassment will be covered under the following provisions:
- The IT act in sections 67 and 67A covers to the extent of online harassment wherein section 67 covers the punishment for publishing or transmitting obscene material in electronic form and 67A covers the punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form.
- S. 500 of the IPC includes defamation wherein it talks about punishment for defamation.
In conclusion, having a gender neutral posh policy makes it inclusive for all employees who face harassment. Any other offence committed against any employee and the employee wants to file a complaint under the appropriate authorities, the IC and the management of the organisation shall help the victim with any assistance required in this scenario.
Apart from the decision of the right authorities, and the IC, having a code-of-conduct policy also helps in addressing cases and situations for all genders.
Organisations can also offer the victim with counselling and EAP services to help the victim and necessary assistance when required. The organisation must also re-assure all the employees for the maintenance of a positive and comfortable work environment and show the necessary steps taken by the organisation to ensure the same.