Sexual Harassment / Rape
Lawyers for sexual harassment in Chennai emphasize the importance of addressing Child Sexual Abuse (CSA), a severe form of maltreatment where an adult or older adolescent exploits a minor for sexual purposes. Occurring in homes, schools, or public spaces, CSA involves both touching and non-touching behaviors, causing significant trauma to victims. Seeking legal guidance can help ensure justice and support for those affected.
The World Health Organisation (WHO, 2003) defines CSA as any sexual activity involving a child and an adult or another child where the child cannot fully understand, give informed consent, is not developmentally prepared, or where such activity violates laws or social taboos. Sexual harassment attorneys point out that while the Indian Penal Code (IPC) does not specifically classify child maltreatment as a sexual offence, it does provide provisions to punish perpetrators of child sex offences.
Sexual Harassment
The ‘Protection of Children Against Sexual Offences (POCSO) Bill, 2011’ was passed by the Indian Parliament on 22 May 2012, coming into effect on 14 November 2012. It encompasses various forms of sexual abuse, such as physical, non-physical, incest and commercial exploitation, and online sexual abuse. Physical abuse includes penetrative intercourse, fondling of the victim’s genitals, etc. (Bhatnagar, n.d.), while non-physical abuse includes showing pornographic material, sexting, and other inappropriate activities.
If a minor commits an offence, they will also be subject to the POCSO Act, although the procedure will follow the Juvenile Justice (Care and Protection of Children) Act, 2015.
The POCSO Act, based on Article 15(3) of the Indian Constitution, classifies everyone under the age of 18 as ‘children.’ It is gender-neutral, recognizing boys as victims of sexual assault, unlike the IPC. Sexual harassment attorneys highlight that the Act defines penetrative sex to include oral sex and insertion of objects into the genital, anus, or mouth (Section 3). Although victims can access legal aid under Section 40, the Code of Criminal Procedure often disregards their interests, necessitating strong legal representation.
Punishment for offences covered in the Act includes but is not limited to not less than seven years of imprisonment and a fine for penetrative sexual assault (Section 4), not less than ten years of imprisonment and a fine for aggravated penetrative sexual assault (Section 6), not less than three years of imprisonment and a fine for sexual assault (Section 8) and five years of imprisonment and a penalty for the use of a child for pornographic purposes (Section 14 (1)).
Co-related offences of rape in India include
- outraging the modesty of women,
- sexual harassment,
- disrobing a woman,
- voyeurism and stalking.
Outraging the modesty of a woman is defined under Section 354 of the Indian Penal Code and involves any physical contact or advances to outrage the modesty of a woman. Sexual harassment is defined under Section 354A and includes making physical contact or advances involving unwelcome and explicit sexual overtures, demanding or request for sexual favours, showing pornography against a woman’s will, or making sexually coloured remarks. Disrobing a woman is defined under Section 354B, voyeurism is defined under Section 354C, and stalking is defined under Section 354D.
To take legal action against the person who committed the assault, one should start by filing a First Information Report (FIR), followed by a medical examination and access to a lawyer. After this, the court process can begin.