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  • Category: Miscellaneous

    Can gender related harassment be defined?

    Freinds,
    Present society has entered into phase where gender harassment need to redefined. Broadly Vishaka Guidelines, Sexual harassment at work place (Prevention act ) 2013, IPC sections 374-377, POSCO act are the legal framework which protect victims at work. First the very definition of sexual harassment needs a thorough re look. With exception of POSCO act all other portray only female as victims and are not gender neutral. of course women are victims in 90% cases. But this needs to be looked from the changed circumstances too particularly in connection with recent Judgement on 377. There are terms like gender sensitivity, harassment and physical sexual offences which are very different in nature. Each offence has to be studied physiologically and must be understood the affect on victims. And the entire relationship between male female is getting more complex day by day. An act is offence because it is considered inappropriate by society or Individuals concerned? These questions need to be studied carefully and change is required to protect women particularly in the context of so called # Me too movement and other out pouring of girls. Friends are legal systems in our country adequate? Do they define the various gender crimes properly? And here as section 377 is changed. Under this circumstances does women centric laws are alone suffice to deal with?
  • #652580
    Gender-based harassment is defined as any unwanted behaviour that enforces traditional, heterosexual gender norms. Forms of gendered harassment include sexual harassment; homophobic, biphobic, or transphobic harassment. Any gender can harass the other gender. But being a male-dominated society the harassment on females by males is very high when compared to the other way incidents. The law should, as explained by the author, is to define very clearly with defining each offence clearly and how to deal with those offences should be clearly mentioned in the law.
    drrao
    always confident

  • #652581
    It is true that with changes in the society and new gender definitions the laws are to be modified to accommodate those changes. While defining new regulations, all the possible categories and variations are to be kept in considerations so that the offences can be properly addressed.

    To incorporate every subtle detail in the judiciary may not be feasible but once the directive principles are clear, appropriate judgement and verdicts can be pronounced.

    Knowledge is power.

  • #652721
    There are many facades of gender harassment and it is not possible to make everything in black and white. What is required is a good governance in the country where no harassment is allowed to any gender.

    A good governance coupled with alert citizens is the only solution for the problem.

    Thoughts exchanged is knowledge gained.

  • #652853
    I agree with Neeru that each and every aspect related to an offence or a probable offence cannot be put in black and white. We are witness to so many changes being made to the existing laws by way of legislation and judicial interpretations to suit the changes in the society. There is no need to seek for specifics in every case because we have wider laws that actually covers almost all offences including those involving sexual harassments; it is just a matter of proper inclusion via interpretation.

    As laymen, we must understand that law is not limited to a particular enactment; judicial interventions and pronouncements have always been relied upon and has become precedents to be followed in similar cases. So, it would not be prudent to say that our laws are inadequate; though the way we interpret and implements may be. Atrocities and advancements against women are generally discussed more because, as the author himself said, it is women who are the victims most of the time. Men too do face such harassment but most of the time the same goes unreported. Maybe, an increase in the number of such cases being reported will necessitate specific enactments.

    Let us, however, hope for the best and ensure that cases of sexual harassment or atrocities do not occur. Reacting at the right time and saying a bold 'NO' will be an option stronger than law.

    'It is the mark of an educated mind to be able to entertain a thought without accepting it'. - Aristotle.


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