CONCEPT OF CONSENT IN POSH ACT

CONCEPT OF CONSENT IN POSH ACT
CONCEPT OF CONSENT IN POSH ACT,

In accordance with Indian Penal Code Section 375, consent is defined as "an unequivocal voluntary agreement when the woman communicates her willingness to engage in the specific sexual act through words, gestures, or any other means of verbal or nonverbal communication."

 In addition, the 2013 law amendment adds the following: "The amendment clarifies that the absence of resistance does not imply consent and defines 'consent' as an unambiguous agreement to engage in a specific sexual act."

According to the Madras High Court v. Anthony ruling, a woman can only be considered to have given her permission when she chooses to submit while still being completely free to exercise her moral and bodily authority.

It is always a deliberate and aware acceptance of what is offered to be done by another and concurred by the former; consent entails the exercise of a free right to withhold what is being consented to.

Due to the fact that PoSH cases essentially involve situations in which the victim has been the victim of undesirable behavior. It indicates that there was not sufficient consent in this instance. Additionally, it must be remembered that the law states "absence of resistance does not imply consent." The court aims to expand the notion that power relationships, worry about revenge, and societal shame can all act as barriers to consent.

The Supreme Court ruled in State of Himachal Pradesh v. Mango Ram that, 

It is impossible to interpret the submission of the body out of fear of being terrorized as a sexual act with permission. When we examine this precedent in the context of a larger discussion of gender justice and violence against women, "going along with something" out of possible fear due to a direct or inferred threat is not consent.

The IC members should not inquire as to why the complaint did not respond negatively when handling the situation.

However, the situation must be viewed through the viewpoint of:

If the person had said no, would they have faced violence?

If they answered no, would they worry about any professional reprisals?

Was the responder in a position to influence the complainant in any way?


Comments

Post a Comment

Popular posts from this blog

Elevating Professional Standards: The Importance of Posh Law Training for Employees.

In today's workplace, fostering a safe, respectful, and inclusive environment is paramount. The Prevention of Sexual Harassment (Posh) at Workplace Act, enacted in India in 2013, is a significant legislative step towards ensuring such an environment. It mandates organizations to take proactive measures in preventing, prohibiting, and redressing sexual harassment at the workplace. One of the most effective ways to comply with this legislation and cultivate a positive workplace culture is through comprehensive Posh law training for employees. Why Posh Law Training is Essential Legal Compliance The Posh Act requires every organization with ten or more employees to constitute an Internal Complaints Committee (ICC) and conduct regular training sessions. Failure to comply can result in hefty penalties, damage to the organization's reputation, and a loss of trust among employees. Awareness and Sensitivity Training helps employees understand what constitutes sexual harassment, the imp
Read more

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013

Five common myths related to the Protection of Women from Sexual Harassment (POSH) Act of 2013, along with their accurate answers: Myth 1: The POSH Act applies only to women. Answer: The POSH Act is named primarily to emphasize its focus on protecting women from sexual harassment, but it is not limited to women alone. The Act also covers individuals of any gender who may experience sexual harassment in the workplace. Both men and women are protected under the Act, and anyone can file a complaint if they are subjected to sexual harassment. Myth 2: The POSH Act is only applicable to formal office settings. Answer: The POSH Act is not limited to formal office environments. It applies to all workplaces, including offices, factories, shops, educational institutions, NGOs, and any other place where a person may be employed. It also covers employees, interns, and even visitors or third parties who may be subjected to sexual harassment in the workplace. Myth 3: Only physical harassment const
Read more

Rights of Accused in POSH ACT 2013

The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry:  The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed:  The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the complainant
Read more