RESEARCH SYNOPSIS

“HOW TO SEEK HER CONSENT: AN ANALYSIS OF SEXUAL

HARASSMENT WITH REFERENCE TO SECTION 354A IPC”

INTRODUCTION:
Section 354A, that defines and penalizes ‘sexual harassment’, is introduced in the Indian Penal
Code (herein IPC) by way of Criminal Law (Amendment) Act, 2013, with an objective to protect
the dignity of individuals. Under sub-section (1) four categories of acts are declared as an
offence of sexual harassment. ‘Demand or request for sexual favour’ is one of them. Section
354A (1) (ii) prohibits ‘any man’ from making demand or request for sexual favours. The present
paper limits its scope only with this aspect of Section 354A. Sexual needs are basic needs,
therefore, consensual sexual relations/acts (except carnal intercourse against order of nature)
between adults, done in private, is recognized as legal; and as a matter of individual’s privacy.
And if a man wants to fulfill his sexual needs he will have to obtain consent of a woman. The
question here is: “how to seek her consent” for sexual favours. It is but natural that, he will have
to request for the same (with due regard to decency, her modesty, and her right to deny consent
without fear of any kind, etc.). But Section 354A (1) (ii) of the IPC imposes outright ban on a
man from making such demand or request, without describing the circumstances under which
such demand or request may amount to an offence. It is a well settled law that there can be no
absolute ban on request for sexual favour. Section 354A (1) (ii), on the contrary, imposes an
absolute ban. Section 354A (1) (ii) by using the overbroad expression ‘man’ prohibits even the
‘husband’ from making such requests. The ‘ultimate inevitable result’ of such prohibition is
‘complete ban on sexual relations/activities for men’. In the background of the above position of
law, this paper is an attempt to analyze Section 354A (1) (ii) of the IPC with special reference to
sexual rights and freedom. This paper concludes that, sexual rights are fundamental right, and a
request for sexual favour is a part of freedom to speech and expression; and also concludes that,
Section 354A is inconsistent with the sexual rights and freedom of an individual in the present
time.
 CONTINUOUS ASSESMENT TEST: INDIAN PENAL CODE

RESEARCH QUESTIONS:

1. Whether sexual right is a Fundamental Right vis-à-vis Right to Health guaranteed under
Article 21 of the Constitution of India?
2. Whether making a request for sexual favour is a part of freedom of speech and expression
of an individual guaranteed under Article 19(1)a of the Constitution of India?
3. Whether section 354A (1) ii is in violation of Right to Equality by classifying ‘men’ on
the basis of sex?
4. Whether section 354A is consistent with the sexual rights and freedom of an individual?

RESEARCH METHODOLOGY:

The author will mostly be relying upon the primary as well as secondary sources and the research
is doctrinal in nature. The method of citation will be uniform in nature and the author will strictly
adhere to the citation form given in 19th Bluebook edition. This paper also shows a case-study of
the Constitutional interpretations observed by the Courts with regard to sexual rights and the
implication of the present law in the society.

CHAPTERIZATION:

 Chapter I: Introduction

 Chapter 2: A Constitutional Perspective

 Chapter 3: Various Judicial Interpretations

 Chapter 4: Case study

 Chapter 5: Conclusion

1 HOW TO SEEK HER CONSENT: AN ANALSIS OF SEXUAL HARASSMENT WITH REFERNECE TO

SECTION 354A IPC
 CONTINUOUS ASSESMENT TEST: INDIAN PENAL CODE

BIBLIOGRAPHY:

For the making of this research paper the author has referred to various academic writings and

online research databases, some of which are mentioned below:-

 Indian Penal Code,1860 by Ratanlal and Dhirajlal, Lexis Nexis Publication, 33rd edition,
2016.
 Criminal and Criminology by Krishna Deo Kumar, Deep & Deep Publication pvt ltd.,
2002.
 P.M. Pillai, ‘Criminal Law’, 11th Edition, Lexis Nexis Butterwoerths Wadhwa, Nagpur,
2012.
 Hari Singh Gour, ‘Penal Law of India’, Vol. 4, Law Publisher India Allahabad, 2003.

2 HOW TO SEEK HER CONSENT: AN ANALSIS OF SEXUAL HARASSMENT WITH REFERNECE TO

SECTION 354A IPC