A man committing any of the following acts—
1. physical contact and progresses concerning undesirable and open sexual approaches; or
2. a call or request for sexual intention; or
3. viewing pornography against the will of a woman; or
4. saying sexually colored comments, will be guilty of the offense of sexual harassment.

• Any person who compels the offense stated in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with severe detention for a term which may extend to three years, or with a fine, or with both.
• Any person who commits the offense specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either account for a term which may extend to one year or with fine, or with both.
• Section 354A penalizes an assault on, or use of criminal strength to, a woman with the purpose of offending her humility or with the information that it is likely that he will thereby disgrace her restraint.

For this to happen there must be either a physical attack or use of criminal power against a woman who according to section 10 of the Indian Penal Code is a female human being of any age. The criminal must either propose to disgrace the humility of the woman or must know that he is thereby likely to disgrace her reticence.
In-State v. Major Singh case the accused marched into a room where a girl child of seven and a half months was sleeping. He stripped himself naked below his waist and kneeled over the child and fingered her vagina, broke her hymen, and caused a tear in her vagina.
The Supreme Court while held him guilty under section 354 witnessed that when any act was done to or in the company of a woman is clearly indicative of sex rendering to the mutual notions of mankind that act will fall within this section. The core of a woman’s humility is her sex. The guilty intention or information of the accused is the bottom of the problem.

~ Nancy nelson

S. 354 A
Sexual harassment
A man committing any of the following acts—
physical contact and advances involving unwelcome and explicit sexual overtures; or
a demand or request for sexual favors; or
showing pornography against the will of a woman; or
making sexually colored remarks shall be guilty of the offense of sexual harassment1.
Any man who commits the offense specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
Any man who commits the offense specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Punishments
Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours or showing pornography – Upto 3 years or Fine or Both
Sexual harassment of the nature of making sexually coloured remark – Upto 1 year or Fine or Both

~ Yukta Pandey

Section 354-A of The Indian Penal Code, 1860 deals with the offence of sexual harassment. The prominent case on sexual harassment at workplace is Vishakha v. state of Rajasthan.
There are certain acts committing of which amounts to sexual harrasment, such acts are:
1. Physical contact and advances involving unwelcome and explicit sexual overtures; or,
2. a demand or request for sexual favours;
3. showing pornography against the will of a woman; or
4. making sexually coloured remarks
shall be guilty of the offence of sexual harassment.
All the above mentioned offences expect the one mentioned in point no. 4 are liable to be punished with rigorous imprisonment for a term which may extend to three years, with or without fine.
The punishment for making sexually coloured remarks shall be punished with imprisonment of either description for a term which may extend to one year with or without fine. The offence mentioned under this section is cognizable and non bailable and is triable by any magistrate.
~ AKANSHASOMA

Sexual harassment is a violation of art 14 and art 21 of the Indian constitution. It is unwanted sexual behavior that is offensive, humiliating, or intimidating, the inappropriate promise of rewards in exchange for sexual favors. Any gender can be the victim of sexual harassment. Under Section 354-A, Indian penal code (IPC),1860 deals with sexual harassment and punishment of sexual harassment.
Action to be taken under Sexual harassment:
1. Talk to the offender- you can try to resolve the situation by explaining to the person who is harassing you that their behavior is unwanted, unacceptable, and can sue you for this.
2. Be informed- If you are being harassed at the workplace, school, find out the policies and procedures for preventing and handling sexual harassment.
3. Save the evidence – Document everything in your diary that happened including the name of the person, when it has occurred, where it has occurred, names of the person who saw it, and what you have done to stop it. Save text messages, comments, notes, and emails. This evidence can help if you make a complaint.
4. Inform/tell someone- Inform someone about this behavior that causing trouble to you. They can help, advise, and fight for you in case you’re uncomfortable. If in the workplace, talk to the HR manager about the discomfort which you’re facing, who will be able to help you decide what to do.
5. File complaint- If the above terms are not refrained by the person then it would be better to lodge a complaint against that person under POSH and IPC. Register an FIR against the person who harassed you and complaint to the Judicial Magistrate under section 200 of CrPC.
Case law:
1. Vishaka & Ors. V/S State of Rajasthan (Air 1997 Sc 3011)
2. Tuka Ram And Anr vs the State of Maharashtra, AIR 1979 SC 185 (Mathura Case)
3. Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1 : (2017) 2 SCC (Cri) 673] at SCC p. 261 para 518
~ LAVANITA CHITYALA

Under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, sexual harassment is the unwelcoming, sexually determined behaviour, which includes
– A physical contact and advances,
– Demand or request of sexual favours,
– Sexually coloured remarks,
– Showing pornography, and
– Any other unwelcome physical, verbal or non verbal conduct which is sexual in nature.

Sexual Harassment of a women at the workplace is considered a criminal offence, which violates a women’s rights, and discourages them to work in unsafe hostile environments. With the increase of sexual harassment cases in India, the Supreme Court of India observed the need for strict legislation and introduced guileless for the protection of women’s right at workplace. In the case of Vishakha v. State of Rajasthan, the Supreme Court laid down the Vishakha guidelines with the aim of curbing the growing incidents of sexual harassment, and thereby providing measures to prevent sexual harassment of women at their workplaces.
The immediate cause for filing the petition was the gang rape of a social worker in a village in Rajasthan. While giving the judgement in this case, the judiciary aimed to ensure a safe working environment for all working women.
The guidelines lays down the definition of sexual harassment and a complaints mechanism for the redress of any women who has been sexually harassed. It also aims at providing preventive steps by providing appropriate work conditions and by spreading awareness.

After 16 long years and numerous rape cases, The Vishakha guidelines were replaced by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This act was enacted with the object to provide a safe working environment for women through effective redressal and complaint mechanisms. Several concepts and guidelines from the Vishakha case have been reflected in this act.
Although making the laws strict will not be of much help, until and unless women who have been victim to harassment at their workplace speak up and fight for their rights. At the same time, employers need to follow a zero tolerance policy towards sexual harassers, and build a safe and secure environment for working women.

~ Vinisha Bhavnani

The offence is a cognizable offence, hence once convicted a person cannot get probation. A person could be prosecuted for possessing and promoting child pornography.
32,608 cases were reported in 2017 while 39,827 cases were reported in 2018 under the POCSO Act. Not only that, in the very recent times on an unfortunate note the consumption of Child Pornography in India spiked by 95% during the period of lockdown. Keeping in mind an alarming rate of increase in such incidents and cases government took a major step in year 2019 to amend the existing Act by passing a bill in Rajya Sabha which emphasised on increase the punishment for offenders upto 20 years in jail or even death penalties in rare cases, for committing an heinous crime of child abuse.
According to the Act, all the incidents of child sexual abuse are mandatory to be reported. Abstaining from reporting the crime, is also a crime and can lead upto six months of jail. To control the cases government introduced an official site to dodge a complaint.
However, since India strongly believe in ‘Audi Alteram Partem’ in cases where a person is falsely alleged of the crime, he/she can hire a lawyer to prove the contrary.
On a positive side, the law does not consider it as a ‘slight harm’ instead it is commended to be a detested crime even as a society.