REFORMS PROPOSED

REFORMS PROPOSED SO FAR

Debate on sexual harassment in India has, till recently, been located within the context of the sexual assault debate. Subsequent to the amendments in the rape laws, in the past decade, two detailed documents have been prepared on sexual assault. A comparative overview of the provisions of each with respect to sexual harassment are provided below:

Draft Bill on Sexual Assault

(Ad-hoc Sub-committee of National Commission for Women, 1993)

Emphasizes the violence aspect of sexual assault, rather than the sexual aspect, and articulates a gradation of categories of violence, and the punishments.

Proposes amendment of Section 375 to cover the range of sexual assault as follows:

Sexual Assault
1. Person commits sexual assault against another where such person engages in any of the activities set out in sub-section 2(a), 2(e) against the will or without the consent of the other person against whom such offense is committed.
2 (a).....2(c)
2(d) Where any person with a sexual purpose utters any word, makes any sound or gesture, or exhibits any object or part of the body intending that such word or sound shall be heard or that such gesture or exhibition shall be seen by a person or intrudes upon the privacy of such person.

Proposes the repeal of Sections 294 and 509 since they would be rendered redundant by the above section.

Proposes that the "burden of proof" be on the accused: i.e., in cases where sexual assault has been proved, presume that the woman did not consent in all cases, not just in cases of custodial rape (as is currently the law).

	Emphasizes the violence aspect of sexual assault, rather than the sexual aspect, and articulates a gradation of categories of violence, and the punishments.
	Proposes amendment of Section 375 to cover the range of sexual assault as follows:

	Proposes the repeal of Sections 294 and 509 since they would be rendered redundant by the above section.
	Proposes that the "burden of proof" be on the accused: i.e., in cases where sexual assault has been proved, presume that the woman did not consent in all cases, not just in cases of custodial rape (as is currently the law).

[ Readings on the Reservations Bill ] [ Sexual Harassment ] http://www.altindia.net/gender/harassment/REFORMS%20PROPOSED.html

about Altindia
This is an attempt to create a space on and about the other India. We welcome groups and individuals to put up any and all information that they feel ought to be in the public domain.

Information of any kind- on the environment, on human rights, on and about various social movements, on and about various groups and movement, their publications and report, Litigations in the public interest or judgements, even obscure gazette notification, - any information that ought to be publicly available.

We will also create a presence on the web for both groups and individuals. You can simply e-mail us material, send us a floppy or two or send us hard copies.

Your comments on design, layout content and particularly suggestions on content are invited. Click here for the feedback form or e-mail us with your suggestions or material.