Test: Sexual Harrasment at Workplace - CLAT PG MCQ

"Disaffection" in the context of sedition refers to feelings of hostility or ill will towards the government. It encompasses emotions that can lead to actions deemed seditious, such as inciting hatred or contempt, which are critical to understanding the application of sedition laws.

The POSH Act is specific to workplace settings, focusing on ensuring a safe working environment for women. In contrast, the IPC has a broader coverage that includes sexual harassment occurring outside work contexts. This distinction is important for understanding the different legal remedies available for victims of harassment.

In 1973, the Indira Gandhi government amended the law to make sedition a cognizable offence, allowing for arrests without a warrant. This change intensified the use of sedition laws, contributing to concerns about the suppression of dissent during that era.

The penalties prescribed under Section 354-A of the Indian Penal Code for offenses related to sexual harassment range from 3 to 7 years of imprisonment, along with potential fines. This legal framework is designed to deter such behavior and provide justice for victims.

Under the Sexual Harassment of Women at Workplace Act, 2013, employers are required to establish an Internal Complaints Committee (ICC) if they have more than 10 employees. This committee is responsible for addressing and resolving complaints of sexual harassment and is a critical component of the legal framework aimed at protecting women in the workplace.

Article 19(1)(g) of the Indian Constitution guarantees the right to practice any profession, or to carry on any occupation, trade, or business. This provision is fundamental to ensuring that individuals can work freely, and it also implicitly supports a work environment that is safe and free from harassment, as a hostile environment would violate this right.

If the local police refuse to register a First Information Report (FIR), the victim can approach the superintendent of police of the concerned district. This is a critical step in seeking justice, as the superintendent has the authority to ensure that the matter is investigated properly. If that fails, the victim may also approach the Magistrate for further action.

A key element that must be proven for a sedition charge is the intent to incite violence or public disorder. The prosecution must establish a clear link between the alleged seditious material and the potential for public unrest.

Mahatma Gandhi was one of the prominent figures charged under the sedition laws during India's struggle for independence. His writings and speeches advocating for freedom and reform were considered seditious by the British authorities, highlighting the law's use as a tool for suppressing dissent.

One of the key responsibilities of employers under the Sexual Harassment of Women at Workplace Act (POSH) is to ensure regular awareness about women's rights. This includes educating employees about what constitutes sexual harassment and the processes available for reporting it, which is essential for fostering a safe workplace culture.

The Supreme Court's judgment in Vinod Dua vs. Union of India quashed the sedition charge against the journalist, emphasizing that his comments were expressions of disapproval aimed at improving the situation, not incitements to violence. This ruling reinforced the importance of free speech in a democracy.

Catcalling refers to making lewd remarks or sounds towards someone, usually in a sexual manner. This form of harassment can create a hostile and uncomfortable environment for the recipient and is a recognized behavior that contributes to a broader culture of sexual harassment in the workplace.

Disapproval of government measures leading to public disorder is not an exception; rather, it could fall under sedition if it incites hatred or contempt. The exceptions generally allow for criticism that does not provoke violence or disorder.

Complaints filed under the POSH Act must be resolved within 90 days. This prompt resolution is designed to ensure that victims receive timely justice and that workplaces take immediate action to address and prevent further harassment, thereby fostering a safer work environment.

The case of Kedarnath Singh v. State of Bihar established that sedition must involve incitement to violence or public disorder. This ruling serves as a critical guideline for interpreting sedition laws and protecting free speech while maintaining public order.

The Vishakha Guidelines were established in the case of Vishakha v. State of Rajasthan, where the Supreme Court recognized sexual harassment as a violation of women's fundamental rights. These guidelines set forth measures to prevent sexual harassment in the workplace and emphasized the need for safety and security for women employees.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 aims specifically to mandate the establishment of Internal Complaints Committees in workplaces to address complaints of sexual harassment. This act is a crucial step towards ensuring that women can work in an environment free from harassment and intimidation, and it places a responsibility on employers to act against such behavior.

Section 124A of the Indian Penal Code specifically addresses the offence of sedition, which involves actions that incite hatred, contempt, or disaffection towards the government of India. This law has been controversial, especially concerning its implications for freedom of expression and dissent in a democratic society.

The Supreme Court clarified that for an act to be classified as sedition, it must incite violence or public disorder. This interpretation aimed to protect legitimate criticism of the government while still allowing for necessary restrictions on speech that could lead to unrest.

The punishments for sedition under Section 124A include imprisonment for up to 3 years, life imprisonment, or life imprisonment with a fine. The judge determines the severity of the punishment based on the case specifics, reflecting the serious nature of the offence.