Protection of women against Sexual harassment at workplace

PoSH went into effect on December 9, 2013. The act was enacted to enhance the safety of women at work. It protects women against sexual harassment in the workplace. Sexual harassment not only violates a woman's fundamental right to equality enshrined in articles 14 and 15 of the constitution, but it also violates her right to live in dignity and her right to practice any profession, occupation, or business, which are also guaranteed in articles 21 and 19, respectively.

Furthermore, the right to work with dignity and the protection of women from sexual harassment are fundamental human rights that are internationally recognized by international treaties such as those on the prohibition of all types of discrimination against women.

Sexual harassment is defined under Section 2(n) of the statute. It might involve one or more of the following:

• Physical touch and approaches that are not accepted
• Making a request for sexual favors
• Making sexually explicit statements
• displaying pornography
• Any other unwanted behavior, whether physical, verbal, or nonverbal.

The major goal of the 2013 Sexual Harassment Act is to protect women from sexual harassment and make the workplace a safer environment for them. Sexual harassment in the workplace is regarded as a violation of women's rights to life, liberty, and equality. It fosters unfriendly work environments that discourage women's involvement in the labor force, undermining their economic and social empowerment as well as the objective of inclusive growth.

Vishaka vs. State of Rajasthan is a historic case that resulted in the formation of the Supreme Court issued directions in this case that constituted the basis of the legislation. Guidelines that the Supreme Court ruled that it is the company's obligation to prevent sexual harassment and to develop a settlement and resolution procedure for the same.

Because there was no precise concept of sexual harassment prior to this case, the court established it for the first time. It included the following:

“Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as

1. physical contact and advances;
2. a demand or request for sexual favours;
3. sexually-coloured remarks;
4. showing pornography;
5. any other unwelcome physical, verbal or non-verbal conduct of sexual.”

The Supreme Court upheld the term of sexual harassment in Apparel Export v. A.K. Chopra (1999), holding that it means any conduct or gesture designed to insult the modesty of a female employee, directly or indirectly.

There are no defined boundaries or established criteria for identifying sexual harassment in terms of categorization. According to Mackinnon's portrayal in the book "Sexual Harassment of Working Women," there are many sorts of sexual harassment that occur in companies. She characterized sexual harassment as Quid pro quo harassment and a hostile work environment based on the US Supreme Court's decision in Meritor Saving Bank v. Vinson (1986).

In essence, quid pro quo harassment is sexual harassment committed in return for a job chance. Promotions, raises in pay, and transfers are all instances of this type of harassment. Unwanted sexual approaches, sexual favor requests, and other sexually explicit behavior are common in hostile work situations.

Conclusion

Sexual harassment is an age-old practice that has overcome all societal barriers, such as race, gender, sex, and color, in both developed and developing countries. An individual can encounter sexual harassment in the workplace regardless of their gender. There are a number of factors that lead to workplace harassment, including gender discrimination, insufficient distribution, favorable nature, and the harasser's worldview. The act of sexual harassment is not limited to asking sexual favours and unwelcome physical contact, it may also encompass the psychological strain faced by the harasser as a result of his or her sexual assault, coercion, or unwanted sexual attention.

To encourage greater reporting, the POSH Act should contain clarification of application, accountability, implementation, and monitoring. In order to attain high workplace productivity, businesses and authorities must develop, implement, and support best practices for detecting and responding to workplace harassment. The most effective strategy to avoid such hazardous working situations is to actively advocate for measures that raise awareness and support preventative efforts.

Unnatural Sexual Offence

Introduction

In our environment, males are often drawn to women and women to men. It indicates that the majority of people are drawn to those of the opposite gender or sex. Along with this majority, there is a subset of persons who are drawn to others of the same sex or gender. The LGBTQ community is the name given to this group of people. LGBTQ (Lesbian, Gay, Bisexual, and Transgender) is an abbreviation that stands for "Lesbian, Gay, Bisexual, and Transgender." This community's members are known as homosexuals, whereas others are known as heterosexuals. Previously, carnal intercourse between two same-sex individuals was considered an unnatural sexual offense.

Homosexuality has existed for thousands of years and is documented in several religious and cultural texts. Being homosexual was once considered a sin since it required people to confront the whole society, which was opposed to homosexuality. In the twenty-first century, people's thinking has grown, and everyone has the right to marry as well as the right to pick his or her life partner. Even with a shifting mindset, LGBTQ people confront prejudice in practically every setting. For fear of being judged by society, some members of this community are even unwilling to declare their preferences. In other cases, their families have forced them to marry in order to preserve their social standing.

In many nations across the world, homosexuality is still a felony. Even the LGBTQ community's logo was not permitted at the stadiums during the recent FIFA World Cup in Qatar, which is the latest incident of LGBTQ persecution. Until 2018, sexual intercourse between the same gender or sex in India was a criminal under Section 377 of the Indian Penal Code (IPC); sexual intercourse between the same gender or sex was considered an unnatural sexual offence under this Section. The AIDS Bhedbhav Virodhi Andolan submitted the first petition to decriminalise this offence in 1994.

Types of Unnatural Sex-

As we know, unnatural sexual offences have been present in our society since time immemorial. It is important to know and understand the types of unnatural sexual offences. These are the following:

• Tribadism/ Lesbianism-

It refers to female homosexuality. ‘Lesbian’ is a term used to describe women who are romantically or sexually attracted to other women. Sexual intercourse involving two women or persons with vulvae is referred to as ‘tribadism.’ Sexual intercourse is typically between a man and a woman; tribadism is considered against the order of nature and thus falls under the category of unnatural sexual offences.

• Bestiality- It refers to carnal intercourse between a person and an animal. Under this type too, there is an act that is considered against the order of nature and, thus, not legal.

• Sodomy/ Buggery- A sexual penetration other than vaginal intercourse is defined as sodomy. Sodomy laws mostly target gay men. Nowadays, generally, the term ‘sodomy’ refers to anal sexual intercourse between two men, a man and a woman, or a man and a kid, male or female, which is similar to rape. This act is also considered against the order of nature and, thus, an unlawful sexual offence.

Section 375 and 377 of IPC

The term "rape" and certain regulations connected to it are defined under Section 375 of the IPC. Section 376 of the IPC details the punishment for rape under various circumstances. The sole section of the Indian Penal Code that deals with unnatural sexual offenses is Section 377.

According to Section 377 of the IPC, any person who willingly engages in carnal intercourse with any man, woman, or animal against the order of nature is considered to have committed an unnatural sexual crime. Anyone who performs an act as specified by Section 377 of the IPC faces life imprisonment or imprisonment of any kind for up to 10 years, as well as a fine.

Under this section only penetration is enough to hold someone liable. There are three important essential elements of Section 377 IPC that must be fulfilled to make someone liable under this section:

1. The offender must have had carnal intercourse with a man or a woman (modified, discussed later) or an animal.
2. The offensive act committed must be against the order of nature.
3. The offender must commit the act voluntarily and with his or her own free will.

Navtej Singh Johar v. Union of India

Navtej Singh Johar v. Union of India is a landmark judgement that gave clarity over the interpretation of Section 377 of the IPC. A five-judge bench comprising CJI Deepak Mishra, J. Indu Malhotra, J. RF Nariman, J. A.M. Khanwilkar, and J. D.Y. Chandarchud heard the case. In this decision, the Supreme Court decriminalised any type of consensual sexual intercourse among adults in private, including homosexual activities.

In this case, the court ruled that there must be a distinction between consenting and non-consensual behaviors by adults, either heterosexual or gay, and that if the acts are consensual, they do not need to be categorized as an offense under sodomy, etc.

The court also emphasized the NALSA decision, as well as the Puttaswamy decision, and stated that the right to sexual orientation is an integral component of the right to privacy.

The Supreme Court concurred with the Delhi High Court's finding in the Naz Foundation case that the term "sex" in Article 15 of the Indian Constitution includes both sexual orientation and biological sex.

According to the court's decision, sexual inclination is innate and natural. LGBTQ people will decide whether or not to engage in intimate sexual encounters with others of the same sex, and this will be viewed as a declaration of autonomy and sex self-determination.

In its verdict, the Supreme Court rejected the claim that the decision will increase the number of AIDS and HIV cases and is also unethical for Indian society. This argument was rejected by the Supreme Court as irrational, unsustainable, and arbitrary.

Thus, the Supreme Court ruled in a 5-judge bench decision that Section 377 is invalid if the conduct is consensual, i.e., with consent, regardless of the individual's gender. In addition, the court further stated that permission must be given freely, voluntarily, and without coercion. Although it was not removed from the Indian Constitution, an unnatural sexual conduct is still illegal if it occurs without the agreement of either person to the act.

Conclusion

For many years, unnatural sexual offenses have been in the forefront. The laws have been interpreted in many ways, and their scope has also been investigated. There is still a need for provisions with unambiguous phrasing that demonstrate the scope of the activity. However, with the passing of Navtej Singh Johar's decision, many things have been evident, and the LGBTQ community has been granted several rights by the Supreme Court. Consent has been designated as a critical factor in determining whether an act is valid or unconstitutional. The inclusion of the word "penetration" limits the scope of this Section, in my opinion, and many offenses remain in the grey area. 

Written by Anushka Gupta

Unnatural Sexual Offence

Introduction

In our environment, males are often drawn to women and women to men. It indicates that the majority of people are drawn to those of the opposite gender or sex. Along with this majority, there is a subset of persons who are drawn to others of the same sex or gender. The LGBTQ community is the name given to this group of people. LGBTQ (Lesbian, Gay, Bisexual, and Transgender) is an abbreviation that stands for "Lesbian, Gay, Bisexual, and Transgender." This community's members are known as homosexuals, whereas others are known as heterosexuals. Previously, carnal intercourse between two same-sex individuals was considered an unnatural sexual offense.

Homosexuality has existed for thousands of years and is documented in several religious and cultural texts. Being homosexual was once considered a sin since it required people to confront the whole society, which was opposed to homosexuality. In the twenty-first century, people's thinking has grown, and everyone has the right to marry as well as the right to pick his or her life partner. Even with a shifting mindset, LGBTQ people confront prejudice in practically every setting. For fear of being judged by society, some members of this community are even unwilling to declare their preferences. In other cases, their families have forced them to marry in order to preserve their social standing.

In many nations across the world, homosexuality is still a felony. Even the LGBTQ community's logo was not permitted at the stadiums during the recent FIFA World Cup in Qatar, which is the latest incident of LGBTQ persecution. Until 2018, sexual intercourse between the same gender or sex in India was a criminal under Section 377 of the Indian Penal Code (IPC); sexual intercourse between the same gender or sex was considered an unnatural sexual offence under this Section. The AIDS Bhedbhav Virodhi Andolan submitted the first petition to decriminalise this offence in 1994.

Types of Unnatural Sex-

As we know, unnatural sexual offences have been present in our society since time immemorial. It is important to know and understand the types of unnatural sexual offences. These are the following:

• Tribadism/ Lesbianism-

It refers to female homosexuality. ‘Lesbian’ is a term used to describe women who are romantically or sexually attracted to other women. Sexual intercourse involving two women or persons with vulvae is referred to as ‘tribadism.’ Sexual intercourse is typically between a man and a woman; tribadism is considered against the order of nature and thus falls under the category of unnatural sexual offences.

• Bestiality- It refers to carnal intercourse between a person and an animal. Under this type too, there is an act that is considered against the order of nature and, thus, not legal.

• Sodomy/ Buggery- A sexual penetration other than vaginal intercourse is defined as sodomy. Sodomy laws mostly target gay men. Nowadays, generally, the term ‘sodomy’ refers to anal sexual intercourse between two men, a man and a woman, or a man and a kid, male or female, which is similar to rape. This act is also considered against the order of nature and, thus, an unlawful sexual offence.

Section 375 and 377 of IPC

The term "rape" and certain regulations connected to it are defined under Section 375 of the IPC. Section 376 of the IPC details the punishment for rape under various circumstances. The sole section of the Indian Penal Code that deals with unnatural sexual offenses is Section 377.

According to Section 377 of the IPC, any person who willingly engages in carnal intercourse with any man, woman, or animal against the order of nature is considered to have committed an unnatural sexual crime. Anyone who performs an act as specified by Section 377 of the IPC faces life imprisonment or imprisonment of any kind for up to 10 years, as well as a fine.

Under this section only penetration is enough to hold someone liable. There are three important essential elements of Section 377 IPC that must be fulfilled to make someone liable under this section:

1. The offender must have had carnal intercourse with a man or a woman (modified, discussed later) or an animal.
2. The offensive act committed must be against the order of nature.
3. The offender must commit the act voluntarily and with his or her own free will.

Navtej Singh Johar v. Union of India

Navtej Singh Johar v. Union of India is a landmark judgement that gave clarity over the interpretation of Section 377 of the IPC. A five-judge bench comprising CJI Deepak Mishra, J. Indu Malhotra, J. RF Nariman, J. A.M. Khanwilkar, and J. D.Y. Chandarchud heard the case. In this decision, the Supreme Court decriminalised any type of consensual sexual intercourse among adults in private, including homosexual activities.

In this case, the court ruled that there must be a distinction between consenting and non-consensual behaviors by adults, either heterosexual or gay, and that if the acts are consensual, they do not need to be categorized as an offense under sodomy, etc.

The court also emphasized the NALSA decision, as well as the Puttaswamy decision, and stated that the right to sexual orientation is an integral component of the right to privacy.

The Supreme Court concurred with the Delhi High Court's finding in the Naz Foundation case that the term "sex" in Article 15 of the Indian Constitution includes both sexual orientation and biological sex.

According to the court's decision, sexual inclination is innate and natural. LGBTQ people will decide whether or not to engage in intimate sexual encounters with others of the same sex, and this will be viewed as a declaration of autonomy and sex self-determination.

In its verdict, the Supreme Court rejected the claim that the decision will increase the number of AIDS and HIV cases and is also unethical for Indian society. This argument was rejected by the Supreme Court as irrational, unsustainable, and arbitrary.

Thus, the Supreme Court ruled in a 5-judge bench decision that Section 377 is invalid if the conduct is consensual, i.e., with consent, regardless of the individual's gender. In addition, the court further stated that permission must be given freely, voluntarily, and without coercion. Although it was not removed from the Indian Constitution, an unnatural sexual conduct is still illegal if it occurs without the agreement of either person to the act.

Conclusion

For many years, unnatural sexual offenses have been in the forefront. The laws have been interpreted in many ways, and their scope has also been investigated. There is still a need for provisions with unambiguous phrasing that demonstrate the scope of the activity. However, with the passing of Navtej Singh Johar's decision, many things have been evident, and the LGBTQ community has been granted several rights by the Supreme Court. Consent has been designated as a critical factor in determining whether an act is valid or unconstitutional. The inclusion of the word "penetration" limits the scope of this Section, in my opinion, and many offenses remain in the grey area. 

Written by Anushka Gupta

Unnatural Sexual Offence

Introduction

In our environment, males are often drawn to women and women to men. It indicates that the majority of people are drawn to those of the opposite gender or sex. Along with this majority, there is a subset of persons who are drawn to others of the same sex or gender. The LGBTQ community is the name given to this group of people. LGBTQ (Lesbian, Gay, Bisexual, and Transgender) is an abbreviation that stands for "Lesbian, Gay, Bisexual, and Transgender." This community's members are known as homosexuals, whereas others are known as heterosexuals. Previously, carnal intercourse between two same-sex individuals was considered an unnatural sexual offense.

Homosexuality has existed for thousands of years and is documented in several religious and cultural texts. Being homosexual was once considered a sin since it required people to confront the whole society, which was opposed to homosexuality. In the twenty-first century, people's thinking has grown, and everyone has the right to marry as well as the right to pick his or her life partner. Even with a shifting mindset, LGBTQ people confront prejudice in practically every setting. For fear of being judged by society, some members of this community are even unwilling to declare their preferences. In other cases, their families have forced them to marry in order to preserve their social standing.

In many nations across the world, homosexuality is still a felony. Even the LGBTQ community's logo was not permitted at the stadiums during the recent FIFA World Cup in Qatar, which is the latest incident of LGBTQ persecution. Until 2018, sexual intercourse between the same gender or sex in India was a criminal under Section 377 of the Indian Penal Code (IPC); sexual intercourse between the same gender or sex was considered an unnatural sexual offence under this Section. The AIDS Bhedbhav Virodhi Andolan submitted the first petition to decriminalise this offence in 1994.

Types of Unnatural Sex-

As we know, unnatural sexual offences have been present in our society since time immemorial. It is important to know and understand the types of unnatural sexual offences. These are the following:

• Tribadism/ Lesbianism-

It refers to female homosexuality. ‘Lesbian’ is a term used to describe women who are romantically or sexually attracted to other women. Sexual intercourse involving two women or persons with vulvae is referred to as ‘tribadism.’ Sexual intercourse is typically between a man and a woman; tribadism is considered against the order of nature and thus falls under the category of unnatural sexual offences.

• Bestiality- It refers to carnal intercourse between a person and an animal. Under this type too, there is an act that is considered against the order of nature and, thus, not legal.

• Sodomy/ Buggery- A sexual penetration other than vaginal intercourse is defined as sodomy. Sodomy laws mostly target gay men. Nowadays, generally, the term ‘sodomy’ refers to anal sexual intercourse between two men, a man and a woman, or a man and a kid, male or female, which is similar to rape. This act is also considered against the order of nature and, thus, an unlawful sexual offence.

Section 375 and 377 of IPC

The term "rape" and certain regulations connected to it are defined under Section 375 of the IPC. Section 376 of the IPC details the punishment for rape under various circumstances. The sole section of the Indian Penal Code that deals with unnatural sexual offenses is Section 377.

According to Section 377 of the IPC, any person who willingly engages in carnal intercourse with any man, woman, or animal against the order of nature is considered to have committed an unnatural sexual crime. Anyone who performs an act as specified by Section 377 of the IPC faces life imprisonment or imprisonment of any kind for up to 10 years, as well as a fine.

Under this section only penetration is enough to hold someone liable. There are three important essential elements of Section 377 IPC that must be fulfilled to make someone liable under this section:

1. The offender must have had carnal intercourse with a man or a woman (modified, discussed later) or an animal.
2. The offensive act committed must be against the order of nature.
3. The offender must commit the act voluntarily and with his or her own free will.

Navtej Singh Johar v. Union of India

Navtej Singh Johar v. Union of India is a landmark judgement that gave clarity over the interpretation of Section 377 of the IPC. A five-judge bench comprising CJI Deepak Mishra, J. Indu Malhotra, J. RF Nariman, J. A.M. Khanwilkar, and J. D.Y. Chandarchud heard the case. In this decision, the Supreme Court decriminalised any type of consensual sexual intercourse among adults in private, including homosexual activities.

In this case, the court ruled that there must be a distinction between consenting and non-consensual behaviors by adults, either heterosexual or gay, and that if the acts are consensual, they do not need to be categorized as an offense under sodomy, etc.

The court also emphasized the NALSA decision, as well as the Puttaswamy decision, and stated that the right to sexual orientation is an integral component of the right to privacy.

The Supreme Court concurred with the Delhi High Court's finding in the Naz Foundation case that the term "sex" in Article 15 of the Indian Constitution includes both sexual orientation and biological sex.

According to the court's decision, sexual inclination is innate and natural. LGBTQ people will decide whether or not to engage in intimate sexual encounters with others of the same sex, and this will be viewed as a declaration of autonomy and sex self-determination.

In its verdict, the Supreme Court rejected the claim that the decision will increase the number of AIDS and HIV cases and is also unethical for Indian society. This argument was rejected by the Supreme Court as irrational, unsustainable, and arbitrary.

Thus, the Supreme Court ruled in a 5-judge bench decision that Section 377 is invalid if the conduct is consensual, i.e., with consent, regardless of the individual's gender. In addition, the court further stated that permission must be given freely, voluntarily, and without coercion. Although it was not removed from the Indian Constitution, an unnatural sexual conduct is still illegal if it occurs without the agreement of either person to the act.

Conclusion

For many years, unnatural sexual offenses have been in the forefront. The laws have been interpreted in many ways, and their scope has also been investigated. There is still a need for provisions with unambiguous phrasing that demonstrate the scope of the activity. However, with the passing of Navtej Singh Johar's decision, many things have been evident, and the LGBTQ community has been granted several rights by the Supreme Court. Consent has been designated as a critical factor in determining whether an act is valid or unconstitutional. The inclusion of the word "penetration" limits the scope of this Section, in my opinion, and many offenses remain in the grey area. 

Written by Anushka Gupta

Girl Child Education

INTRODUCTION

Education for girls is more than just enrolling them in classes. It's also about ensuring that girls feel safe in school land get a proper learning, and that they have the opportunity to complete all levels of education starting from primary education to post graduate or doctorate, gaining knowledge and skills necessary to compete, navigate and adapt to this changing world and have the ability to make decisions about their own life.

We have begun to recognise the importance of female child education in today's world. Previously, many believed that girl child education was unnecessary. In many fruitful ways, this contemporary era reflects the awakening of the feminine group. In many aspects of life, they are far ahead of men. The debate about educating a girl kid continues to rage in our society, but given that women are capable of achieving anything nowadays, we can ignore the opposing viewpoints. Many women are leading the way in the economic and social sectors, with positive consequences. The hidden revolution in society is being led by girls.

Girl child education may contribute significantly to the growth of our society and country, as well as provide a number of other benefits. Girls are helping the country in a variety of sectors, including athletics, science, literature, and politics. The perception of a girl as merely a housewife has shifted, and today's girls are far ahead of their male counterparts in terms of achieving favourable outcomes through education. Women have even gone to our country's borders to defend it against its adversaries.

BODY AND CONTENT

Many individuals in our country are ignorant of how the education of girls may change their lives for the betterment. It's a sad state of affairs when individuals from all walks of life believe that investment in the education of a “girl child” is a waste of money. Early education has the potential to shape society in a positive direction. When a girl receives an education, she gains power. She has the power to make her own decisions, improve the standard of life for her family and children, expand career opportunities, and reform society as a whole. As a result, a shift in India's attitude regarding girl child education is urgently required. Every girl child must be treated with the same amount of love and respect and in the same way.

Importance of girl child education

1. Promote Gender Equality

Gender equality is a fundamental human right that all people, regardless of colour, sexual orientation, ethnicity, or religion, are entitled to. Men and women occupy completely different roles in society, resulting in a gender divide. Gender equality gains more clout in our community as girls get more educated. Human rights become a powerful value in nations when women gain equality, as women in positions of authority tend to fight for underprivileged groups. Women are increasingly taking on leading roles in government.

2. Allow Girls to Make Their Own Decision

Educated girls have more boldness and freedom in making life-altering decisions. They are better positioned to investigate the societal need that women stay at home to raise children and undertake household chores. Young women with an education from one of India's premier schools are able to think beyond cultural norms and pursue their dreams for a better life.

3. Strengthens Economies and Advances the Fight to End Poverty

The promise for a country's economic progress is one of the clearest and most obvious benefits of teaching girl children in India's best schools. A rise in women's education participation even has an impact on the country's Gross Domestic Product (GDP). When women are well-informed and educated, the entire economy grows and prospers.

4. Positive Change for Future Generations

A well-educated girl grows into a well-educated lady. Providing education to girls is a crucial step in raising future generations of healthy, educated, and empowered women. Women in the community who are educated can become future leaders, leading to transformation and the creation of more powerful and meaningful communities. As a result, a country's wealth is defined only by its population.

Barriers to girl child education

1.Poverty- It's one of the most crucial criteria in determining whether or not a girl can get an education and finish it. Poor families lack the financial support to pay for the schooling and study related expenses. Because of which they decide not to enrol them.

2. Violence-Gender-based violence, such as sexual exploitation and abuse, as well as sexual harassment, discourages females from getting an education and finishing it. Many girls are forced to walk to school far far away, increasing their risk of gender-based violence, such as sexual exploitation and abuse.

3.Child marriage- young girls are far more likely than their classmates to drop out of school and quit their studies. They are also forced to have children while they are young and are exposed to their partner's abuse.

4. Lack of proper facilities- hygiene and sanitisation facilities, for boys and girls and drinking water supply, are lacking in many schools. Many schools also lack basic safety and inclusion features like surrounding fences, well-lit walkways, and universal design. A lack of an appropriate environment might make it difficult for girls to maintain constant attendance at school.

Impact of Covid-19

COVID-19 is having a severe effect the health and well-being of girls, with many of them at danger of not returning to school after it reopens, as well as missing learning opportunities owing to protracted school closures and restricted access to remote learning options. According to studies, violence has increased against girls and women throughout COVID-19, risking their safety. When schools were shut during the 2014–2016 Ebola epidemic in West Africa, women and girls suffered heightened sexual abuse, coercion, and exploitation. Closing of schools were reportedly connected to increase in teenage pregnancies during the pandemic.

There will almost certainly be a rise in dropout rates, with a huge number of girls refusing to return to school. Pregnant girls may be deterred from returning to school and encounter stigma, leading them to drop out or not return to school. During the school closures, many girls' duties in terms of household labour and childcare are likely to have grown, lowering the  amount of time available for learning. Girls are commonly given more obligations in terms of caregiving and household tasks while primary caregivers are absent from the household, according to studies, further lowering the time available for learning.

CONCLUSION AND ANALYSIS

In education, there has been advancement in gender equality. In elementary school, the number of females per 100 boys increased from 92 to 97 between 2000 and 2015, while in secondary education, the number of girls per 100 boys increased from 91 to 97.

The number of nations with gender parity in elementary and secondary education increased from 36 to 62 between 2000 and 2015. However, the total advancement does not reveal the whole story. Some regions of the world, such as Sub-Saharan Africa and South and West Asia, are still lagging behind in terms of girl child education.

The United Nations Sustainable Development Goals have pledged that the world will continue to  make progress. "Ensure that all girls and boys get a free, equitable, and high-quality primary and secondary education," says Goal 4. There is a focus on “gender equality and the empowerment of all women and girls” in goal 5 .

India is far far from attaining gender equality, as seen by its lopsided sex ratio of 940 females every 1000 males. In India, a girl child is sometimes viewed as a liability, a 'weight' to be passed down. Given the dominance of patriarchal ideals, many girls are subjected to gender inequity, gender stereotypes, and are treated as second-class citizens from the moment they are born.

The Indian government has created a number of policies and programmes to guarantee that children in India receive an education. Prime Minister Narendra Modi began the Beti Bachao Beti Padhao campaign on January 22, 2015, with the goal of "changing perceptions towards the girl child." The goal of the campaign was to create awareness about India's falling gender ratio and the need of female child education.

Other government programmes for female child education help parents pay for their daughters' education. Sukanya Samriddhi Yojana (SSY), Balika Samriddhi Yojana (BSY), and Mukhyamantri Rajshri Yojana are a few of these initiatives (MRY). Parents who invest in their female child's education can benefit from better interest rates, direct financial assistance, and tax  breaks under these programmes.

There was a period when many in India believed that females' education was unnecessary. However, we have finally realised that women's education is critical in India. People believe that females should only stay at home and become moms, which is an incorrect position since educating the girl child may lead to a great revolution in society. Educating the female kid may significantly boost her honour and dignity, as well as make her feel like she belongs in society. The education of these girls would undoubtedly benefit the country's economy and demonstrate to society the value of educating the girl child.

What are the Steps for Changing Your Name?

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name: 

• Affidavit (for both State and Central Gazette)
• Undertaking (for the Central Gazette) 

An affidavit/undertaking are documents which contain facts written by you such as your desired new name, the gender you identify with, medical procedures you have undergone, etc. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc. 

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service. 

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement. 

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level). 

State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees. 

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following: 

• Your verified Affidavit and Undertaking.
• Advertisement clipping of the original newspaper.
• Self attested ID proof and 2 self attested passport photos.
• Copy of proforma with signatures by you and 2 witnesses.
• CD copy of proforma with your typed name (excluding witnesses and signatures).
• A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar. 
• Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

• Go to the Central Gazette page and click on ‘Search Gazette’
• Add the category ‘Weekly Gazette’ and press search.
• Select ‘Part IV’ 
• Add in the dates  
• In the “keyword” section, add your new name.
• Click on the results generated, and
• Download the relevant file. This downloaded copy can be used as proof. 

http://www.nyaaya.org

Sexual Violence against LGBTQIA+ Persons

If you are facing any sexual violence or you know someone who has, you should take the following steps:

• Call helplines for immediate protection.
• Complain at the nearest police station.

Sexual Violence

If you have faced any form of sexual violence which may include, rape, inappropriate touching, stalking etc, you can file an FIR with the police. You can file a complaint against anyone including a family member, teacher, etc.

If you are woman/trans woman

You have a right to file a complaint under the laws on sexual violence in India but only against a man. If you are a trans woman and the police refuse to file the FIR stating that you are not a ‘woman’ under the law, then read here to see what steps you can take.

If you are a man/trans man

You cannot file an FIR under the laws on sexual violence in India, since men/transmen cannot be victims of sexual violence. Your only alternative is to file an FIR with the help of the laws which punish those who hurt or injure you.

Sexual Violence at the Workplace

If the sexual harassment policy in your office is gender-neutral, then you can file a complaint regardless of your gender. If you want to stop the sexual harassment through employer action (for example dismissal of the harasser) then you can file a complaint with the Internal Complaints Committee (ICC), which is a complaint mechanism available at all offices. You have the option of going to the police as well.

The law on sexual harassment at the workplace identifies only women as victims who can approach the ICC or the police to file an FIR. If this is the policy in your organization, then these are the options you have:

• As a man or a transgender man, you can take help from NGOs and a lawyer who will be able to file an FIR with the laws which punish those who hurt or injure you.
• As a transgender woman, you have the right to file an FIR under the laws on sexual violence. 

Content taken from http://www.nyaaya.org

Online Harassment and Violence against LGBTQIA+ Persons

Online abuse happens on various platforms on the internet – social media, chat forums, etc. When faced with online abuse, your first step should be to see what the policy of the platform where the abuse is happening, and what steps the platform recommends for you to stop it.

You can complain to social media forums or platforms regardless of your gender or your sexual orientation and you can complain against anyone, but this policy differs across platforms so you should read the complaint policy of the platform you are facing abuse on.

You may face situations where someone is trying to out your sexual orientation or gender identity without your permission. You can take immediate action by blocking or reporting them. If you are being harassed with calls or texts on your phone, you can block them on your phone itself.

If the administrators of the platform are not being responsive or the kind of harassment you are facing is severe and repetitive, then you can also file a complaint at the local police station or cyber cell only if you are a woman/trans-woman. If you are a man/trans-man, you will be able to file an FIR with the laws which punish those who hurt or injure you.

You can complain if the following happens to you:

Account Takeover

• If your account has been taken over without your permission or someone has unauthorized access to your account.
• If someone has stolen your identity online by using your password or your digital signature etc.
• If someone is causing trouble for you online if they are impersonating or pretending to be you or someone else.

Violation of Privacy

• If someone is using personal pictures/videos of you and sharing it online without your permission.
• If some is stalking you or monitoring your activity online.
• If someone is photoshopping your pictures online.

Blackmail

• If someone is blackmailing you online for money or favors.

Abusive Threats and Language

• If someone is sharing obscene material with you or sexually harassing you online.
• If someone is insulting you or using abusive language against you.
• If you are facing anonymous threats from someone.

If someone is threatening to hurt you by giving physical threats against you online.

Content taken from http://www.nyaaya.org

Abuse of Position or Authority

[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]

If a man has control over a woman because of his job or position, and uses this control to make a woman have sex with him, it is a crime.1 The law provides punishment for any person who abuses his position or fiduciary relationship (relationship of trust) to convince or seduce any woman to have sexual intercourse with him. The woman could be in his custody, under his charge or present in the premises. Here, sexual intercourse does not refer to rape, which is dealt with as a separate offence under Section 375 of the Indian Penal Code.

The person who persuades the woman to have sexual intercourse could be:

1. a) in a position of authority or in a fiduciary relationship; or
2. b) a public servant; or
3. c) superintendent or manager of a jail, remand home, other place of custody, or a women’s or children’s institution; or
4. d) on the management or staff of a hospital.

In these cases, the person in authority is punishable with imprisonment for five to ten years, along with a fine.

For example, if a male jail superintendent asks a female prisoner to have sex with him in return for supporting her release, and thus convinces her to have sex with him, he is abusing his positon. In this case, he has not forced himself on her and committed rape, but convinced her to have sex with him by using his position of power.

1 Section 376C, Indian Penal Code, 1860.

 Content taken from http://www.nyaaya.org

Open Letter to all the judges and ministeries to Legalise Same-Sex Marriage

To view the full letter click on this link

 https://www.instagram.com/p/CsWEPnLvRaS/?igshid=NTc4MTIwNjQ2YQ==

Respected Sir/Madam,

We, members of different civil society organisation working with young people, women, children and LGTQIA+ Community, collectively urge Supreme Court to take cognizance of the rights of the LGBTQIA+ community and recognize the right to marry a partner of their choice and right to family for every individual, irrespective of their religion, caste, gender, sexuality, ethnicity and disability in line with Article 14 of Indian Constitution.

It is well-established fact that discrimination against individuals based on their sexual orientation or gender identity is a violation of their fundamental human rights. Denying same sex couples to right to marry not only perpetuates such discrimination, but also deprives them of the legal protection and benefits that come with marriage, such as access to health care, inheritance rights, adoption, insurance and the ability to make medical decisions.

In a small town like Jamshedpur many young people from the LGBTQIA+ community, parents are in denial because of lack of social and legal acceptance of their rights. Even after decriminalization of section 377, still same-sex couples and relationships are not accepted and stigmatized by society. Very often same sex couple has to face discrimination, abuse and even physical violence in the hand of their family and society. Legalizing same-sex marriage would be a positive step towards greater equality and inclusion to all LGBTQIA+ people who are rightfully equal citizens of India. Legalization of same-sex marriage would send a strong signal to society and help reduce stigma, prejudice and violence against this community.

We urge you to intervene and ensure legalizing same-sex marriage, such that every citizen of India is able to enjoy marry a partner of their choice and build a life with the person they love.

In hope of acceptance of our plea,

We remain

Sincerely,

Members of People For Change 

And Jamshedpur Queer Circle