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S L Mukherjee Sexual Harassment and Sexual Offences
From Lawman In House Publication
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Description
Sexual Harassment and Sexual Offences
This comprehensive legal resource provides an in-depth analysis of the laws governing sexual harassment and sexual offences in India. It covers key legislations such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Indian Penal Code (IPC) provisions related to sexual offences (Sections 354, 375, 376, etc.), and relevant procedural laws under the Code of Criminal Procedure (CrPC) and Indian Evidence Act.
The book includes detailed commentary on landmark judgments, institutional responsibilities, and legal safeguards for victims, along with guidelines for inquiry committees and employers. It also examines evolving jurisprudence and social perspectives on consent, workplace safety, and gender justice.
An essential guide for legal practitioners, HR professionals, academics, and anyone seeking clarity on rights, redressal mechanisms, and criminal consequences related to sexual misconduct.
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Content
Part I: Introduction and Conceptual Framework
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Understanding Sexual Harassment and Sexual Offences
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Definition, scope, and forms
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Historical evolution of sexual offence laws in India
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Gender and power dynamics in sexual crimes
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Constitutional and Human Rights Perspective
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Fundamental rights and gender equality
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International conventions (CEDAW, ILO Guidelines)
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Role of judiciary in interpreting rights
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Part II: Sexual Harassment at the Workplace
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Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
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Definitions and applicability
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Role and constitution of Internal Complaints Committee (ICC)
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Powers, duties, and inquiry process
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Duties of employer
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Remedies and penalties
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POSH Compliance and Corporate Responsibility
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Policy formulation and awareness
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Training and sensitization
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Record keeping and annual reporting
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Landmark Judgments on Workplace Harassment
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Vishaka v. State of Rajasthan
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Medha Kotwal Lele case
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Other significant High Court and Supreme Court decisions
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Part III: Sexual Offences under Indian Penal Law
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Overview of IPC Provisions Related to Sexual Offences
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Section 354 (Assault or use of criminal force to woman with intent to outrage her modesty)
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Section 354A to 354D (Sexual harassment, stalking, voyeurism, etc.)
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Section 375 & 376 (Rape and aggravated forms of rape)
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Section 509 (Insult to modesty)
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POCSO Act, 2012 – Protection of Children from Sexual Offences
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Key definitions and offences
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Special court procedures
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Mandatory reporting and child-friendly mechanisms
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Criminal Law (Amendment) Acts – 2013, 2018 & 2019
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Key reforms post Nirbhaya case
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Fast-track courts and procedural changes
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Part IV: Investigation, Trial and Evidentiary Aspects
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Filing of FIR and Police Procedures
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Zero FIR and victim support
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Role of police and medical examination
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Trial Process and Judicial Approach
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In-camera proceedings
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Burden of proof and victim testimony
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Role of public prosecutor
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Evidentiary Rules in Sexual Offences
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Relevance of prior sexual history
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Section 114A of Evidence Act (Presumption of absence of consent)
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DNA, forensic and digital evidence
Part V: Redressal, Remedies and Support Systems
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Remedies for Victims
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Compensation schemes
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Legal aid and support services
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Rehabilitation and counselling
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False Complaints and Safeguards Against Misuse
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Judicial interpretation
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Penal provisions for false evidence
Part VI: Contemporary Issues and Reform Debates
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Marital Rape – Legal and Social Perspectives
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Sexual Offences Against LGBTQ+ Individuals
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Cyber Sexual Harassment and Online Misconduct
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Role of Media and Public Perception
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Need for Comprehensive Legal Reforms and Gender Sensitization
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| S L Mukherjee Sexual Harassment and Sexual Offences |
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