Bharatiya Nyaya Sanhita: Section 75 – Sexual harassment

(1) A man committing any of the following acts:

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

span@(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence 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.

(3) Any man who commits the offence 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.

Simplified Explanation

Section 75 of the Bharatiya Nyaya Sanhita (BNS) defines and penalizes the offense of sexual harassment. This section recognizes sexual harassment as unwanted behavior of a sexual nature that is intended to intimidate, demean, or violate the personal boundaries of the victim. Section 75 provides legal protection against various forms of sexual harassment, promoting safe and respectful interactions in workplaces, public spaces, and other social environments.

Key Elements of Section 75

1. Definition of Sexual Harassment
   • Section 75 outlines sexual harassment as any act of unwanted behavior, advances, or contact of a sexual nature that violates the personal boundaries and dignity of the victim.
   • Acts of sexual harassment include verbal, non-verbal, and physical behaviors that are inappropriate, unwanted, or offensive, especially when intended to harass, intimidate, or demean.
2. Forms of Sexual Harassment Covered
   • Section 75 addresses various forms of sexual harassment, including:
     • Physical Contact or Advances: Any unwanted physical contact or attempts to get physically close to someone without their consent.
     • Verbal Remarks or Comments: Offensive, sexually explicit, or derogatory remarks directed toward an individual.
     • Sexual Gestures or Actions: Making gestures, displaying materials, or performing actions that are sexual in nature and intended to harass or demean.
     • Demanding Sexual Favors: Any request or demand for sexual favors, especially in situations where a power imbalance exists (such as employer-employee, teacher-student relationships).
   • The section aims to encompass all types of behavior that may constitute sexual harassment, ensuring that victims have legal recourse against any unwanted advances or misconduct.
3. Consent and Boundaries
   • Section 75 emphasizes the importance of consent and personal boundaries. Any behavior of a sexual nature must be consensual; otherwise, it may qualify as harassment if it is unwanted by the other person.
   • The section protects the right to be free from unwanted advances or behavior that creates an uncomfortable or hostile environment.
4. Punishment for Sexual Harassment under Section 75
   • The punishment for committing sexual harassment under Section 75 includes:
     • Imprisonment for a term that may extend to three years.
     • A fine, or both, depending on the severity of the harassment.
   • This penalty reflects the law’s serious stance on protecting individuals from harassment, emphasizing respect for personal boundaries and accountability for offenders.
5. Examples of Sexual Harassment under Section 75
   • Example 1: A colleague at work makes repeated unwanted sexual advances toward another employee, despite their clear discomfort and refusal. Under Section 75, this behavior could be prosecuted as sexual harassment.
   • Example 2: A person makes lewd comments or gestures toward someone in a public space, with the intent to offend or intimidate. This behavior may be considered sexual harassment under Section 75 due to the unwanted nature of the remarks.
6. Purpose of Section 75
   • Section 75 aims to:
     • Protect individuals from harassment and unwanted behavior of a sexual nature, promoting a safe environment in workplaces, public areas, and social interactions.
     • Reinforce that everyone has the right to be free from sexual intimidation and unwanted advances, and that such conduct is punishable under the law.
     • Deter individuals from engaging in behaviors that compromise the dignity, safety, or comfort of others, fostering respectful interactions in society.
7. Upholding Respect and Equality
   • Section 75 is grounded in the principle that individuals are entitled to respect, safety, and dignity. By criminalizing sexual harassment, the section supports the idea that personal boundaries must be honored in all social contexts.
   • The law recognizes that any form of sexual harassment is unacceptable, promoting equal treatment and respect for all individuals.

Importance of Section 75

Section 75 is a crucial provision for ensuring the safety and dignity of individuals by criminalizing various forms of sexual harassment. It encourages respectful conduct in society, providing clear legal recourse for victims of harassment and reinforcing the seriousness of violating personal boundaries.

In summary, Section 75 of the BNS establishes penalties, including up to three years of imprisonment and fines, for sexual harassment, covering physical, verbal, and non-verbal conduct of a sexual nature that is unwelcome or offensive. This section underscores the commitment to creating safe and respectful environments free from intimidation and harassment.