Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or a demand or request for sexual favors, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.
In India, eve teasing is a euphemism, primarily occurring in English, used for public sexual harassment or sexual assault of women by men. The name "Eve" alludes to the Bible's creation story concerning Adam and Eve. Considered a problem related to delinquency in male youth, it is a form of sexual aggression that ranges in severity from sexually suggestive remarks, brushing in public places and catcalls, to groping.
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.
The status of women in India has been subject to many changes over the time of recorded India's history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), is a US labor law case, where the United States Supreme Court, in a 9–0 decision, recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace.
Sexual harassment in education in the United States is an unwelcome behavior of a sexual nature that interferes with an American student's ability to learn, study, work or participate in school activities. It is common in middle and high schools in the United States. Sexual or gender harassment is a form of discrimination under Title IX of the Education Amendments of 1972. Sexual harassment involves a range of behavior from mild annoyances to unwanted touching and, in extreme cases, rape or other sexual assault.
The Mathura rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was allegedly raped by two policemen on the compound of Desaiganj Police Station in Gadchiroli district of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in the Indian rape law via The Criminal Law Amendment Act 1983.
Jagdish Sharan Verma was an Indian jurist who served as the 27th Chief Justice of India from 25 March 1997 to 18 January 1998. He was the chairman of the National Human Rights Commission from 1999 to 2003, and chairman of the Justice Verma Committee Report on Amendments to Criminal Law after the 2012 Delhi gang rape case. He remains one of India's most highly regarded Chief Justices and eminent jurists in its history.
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult.
Bawandar is a 2000 Indian film, based on the true story of Bhanwari Devi, a rape victim from Rajasthan, India. The film depicts the personal trauma, public humiliation and legal injustice that Bhanwari Devi went through, while pursuing justice in the Indian courts.
Bhanwari Devi is an Indian social-worker from Bhateri, Rajasthan, who was gang raped in 1992 by men angered by her efforts to prevent a child marriage in their family. Her subsequent treatment by the police, and court acquittal of the accused, attracted widespread national and international media attention, and became a landmark episode in India's women's rights movement.
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
A private attorney general or public interest lawyer is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits.
Bhanwari Devi was a 36-year-old auxiliary nurse midwife.
The Sexual Harassment of Women at Workplace Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha on 3 September 2012. It was passed by the Rajya Sabha on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by the Supreme Court (SC) of India. It was reported by the International Labour Organization that very few Indian employers were compliant to this statute. Most Indian employers have not implemented the law despite the legal requirement that any workplace with more than 10 employees need to implement it. According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act, 2013. The government has threatened to take stern action against employers who fail to comply with this law.
Founded in 2001, Alliance Against Sexual Harassment (AASHA) is an alliance of non-government organizations (NGOs) including Action Aid Pakistan, Bedari, Working Women's Support Centre, Working Women Association, Federal Women's Welfare Agency, Conscience Promoters, Pakistan Institute of Labour Education & Research, and Working Women Organisation. AASHA is a non-governmental organization operating in Lahore and Karachi which raises awareness regarding sexual harassment and lobbies the policymakers to take action against it.
In Malaysia, sexual harassment, as defined by the Employment Act 1955Archived 11 November 2020 at the Wayback Machine, is “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive, humiliating or a threat to their well-being”. The Act does not distinguish between male and female or employer and employee. As such, sexual harassment can be committed by a female against a male, or an employee against an employer.
Saurabh Ajay Gupta is a Advocate-on-Record in Supreme Court of India. He is also the additional advocate general for Government of Chhattisgarh in Supreme Court. Formerly he has held position of additional advocate general for Government of Punjab, India in Supreme Court for around seven years.
