Why in the News?
Indian women wrestlers have filed cases including cases been filed
under the POCSO act regarding alleged sexual harassment during their training
period and are staging protests since the month of January, 2023.
Case in Detail:
1.
The
women wrestlers complained of Sexual advances during their training period and
launched a protest at Jantar Mantar.
2.
The
Sports Ministry referred the case to an Oversight Committee
3.
With
no Satisfactory outcome of the Oversight Committee, the wrestlers approached
the Supreme Court of India.
4.
The
Supreme Court passed orders for registration of First Information Report (FIR)
under the relevant laws and to provide security for the wrestlers.
5.
The
Delhi Police registered FIRs following the Court’s orders:
a.
Under
Section 354, 354A, 35D and 506 of IPC.
b.
Under
the provisions of POCSO Act (in connection with a minor wrestler’s allegation).
Concerns involved:
1.
Delay
in filing of the case despite legal obligation on police officers.
a.
Sec
166A (c) of IPC: Non-recording of information about sexual offences constitutes
an offence punishable up to two years of imprisonment.
b.
Mandatory
filing of FIR has also been laid down in the Lalita Kumari (2013) judgment.
2.
Rule
of Law failure
a.
The
rule of Law imbibes the Equality principle which demands a free, fair and
impartial investigation that ensures a just and expeditious disposition of
complaints.
About:
Protection of
women against sexual harassment
1)
Legal
provisions in India:
a)
Prevention
of Sexual Harassment at workplace Act, 2013
i)
Broadened the Vishaka Guidelines, 1992
·
Defined
Sexual harassment
·
Mandates
three obligations on Institutions – Prohibition, Prevention and Redressal.
·
A
Complaints committee shall be formed in all institutions to handle matters of
Sexual harassment of
women at the workplace.
ii) An Internal Complaints Committee (ICC) has to be
instituted by every employer having an office with 10 or more employees.
·
The
victim or her legal heir (in case of physical or mental incapacity or death)
can file the complaint with the ICC.
·
Filing
complaint with the ICC is not mandatory.
·
Complaint
must be made within three months from the date of the incident which can be
extended by the ICC.
iii) The act
provided rights to all women working or visiting any workplace, to get
protection under the act.
iv) Wide definition of Sexual Harassment – the acts
which is committed directly or by implication shall include:
·
Physical
contact and Advances
·
Demand
or request for sexual favours
·
Sexually
coloured marks
·
Showing
Pornography
·
Any
other unwelcome physical, verbal or non-verbal conduct of sexual nature.
b)
Prevention
of Children from Sexual Offences Act, 2012 [POCSO Act]
i)
The
act is gender neutral and includes individuals less than 18 years old within
the definition of “children”.
ii)
Child
friendly trial system.
iii)
Death
penalty for rape of child less than 12 years of age.
iv)
Special
courts to adjudicate cases of POCSO Act
v)
No
time limit for reporting of cases by the victim
vi)
Protection
against sexual abuse, harassment, pornography and trafficking for children less
than 18 years of age
vii) Gender-neutral legislation.
viii) Under section 45 of the Act, the
power to make rules lies with the central government.
ix) The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.
c)
Indian
Penal Code (IPC):
i)
Section
375 – Rape
ii) Section 354 – Outraging the modesty of a woman
2)
Judicial
pronouncements:
a)
Vishaka
&Ors vs State of Rajasthan
i)
Recognised
workplace sexual harassment for the first time
as a human rights violation
ii)
Sexual harassment at workplace is a clear violation of the
fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution of
India
iii)
it spelt that it is the responsibility of the employer to
initiate necessary disciplinary action in the case of sexual harassment in the
workplace.
iv)
An internet complaints committee should be constituted to
deal with every sexual harassment complaint made by a woman employee.
b)
Medha Kotwal Lele &Ors.
V. Union of India
i)
The Supreme court laid
guidelines for the State authorities to ensure adherence to Vishaka Guideliness
by appropriate mechanisms.
ii)
In case of non-compliance
to the guidelines, the aggrieved woman can directly approach the High Court for
redressal.
c)
Nirbhaya
case, 2012 JS Verma Committee was constituted and made recommendations,
i) the Criminal Law (Amendment) Act 2013, was enacted which in the
process provided for the amendments of Indian Penal Code, 1860;
ii) Code of Criminal Procedure, 1973, Indian Evidence Act, 1872, and Protection of Children from Sexual
Offences Act, 2012 with regards to the sexual offenses connected
laws.
iii) To provide for quicker
trials and increased punishments and enhance criminal provisions for
individuals convicted of committing sexual offenses against women.
d)
Independent
Thought Vs. UoI
i)
Exception to Section 375 of IPC, 1860, stated that
a husband can have non-consensual sex with his wife who is in the age between
15 and 18 years.
ii)
This exception was held invalid as it violated the
fundamental rights of the citizens – Article 14, 15 and 21 of the Constitution.
iii)
It also breaches the very purposes of “Prevention Child
Marriage Act” and “POCSO Act,2012”.
iv)
The SC held that sexual act with a minor wife will also be
considered as Rape.
