What is a consent?
If we see in IPC there is no clear definition of consent. But in section 90 of IPC talks about what is not consent. Even in the laws of other contrise concent in sexual harassment is not clear, they only talk about what is not a concent .
But there is a definition inIPC from Jowitt`s Dictonary of English Law (second edition) vol. 1 1977 at page 422. “consent has been explained as an act of reason accompanied with deliberation, the mind weighing, as in a balance, good and evil on either side.”
But if we see definition it is a complex one for civilian, who is going to give consent. So to understand it in simple language I have found simple definitions which will help us understand what is consent.
“Consent is an agreement between all participant to engage in a sexual activity, should be continuous and can be rescinded at any time”
“Freely given, knowledged and informed agreement.”
# What is not consent?
There are some aspects of human behaviour can be miss understood as consent.
Assent: Assent is understanding or consent but there is no knowledge of assault happening.
Example: We gave consent to our doctor to touch us but he/she getting sexual pleasure from that process it consider as assent.
Acquiescence: Agreement under durees.
In simple words, it is reluctant acceptance of something without protest.
Example: when a senior ask for sexual favour or boyfriend husband girlfriend or wife forces and individual don't protect it means acquiescence.
Individual is in a shop they can't react and this action can listen to as a consent.
In simple, if there is no then it is no, if there is no, no then also there is no. Unless and untold, parties are freely without pressure aware of their action and agree only then they can engage in sexual activity and if anyone wants to get out of it ends stop then also they have full authority over it because consent should be continuous throughout all actions.
Some point I should mention:
1. Under intoxication consent is null and void.
2. Consent after misconception of fact is also not consent.
# Sex:
Before understanding sexual harassment we should understand sex.
In India, sex is a taboo subject to talk about so every adult is not matured enough to understand different dimensions of it and they always have a curiosity and don't know how to deal with it.
There is quote that every adult is a card child so start from childhood.
Sigmund Freud famous psycho analyst believe that our childhood designs our character.
General definition of sex is it is a thought to be a penetrative intercourse between man and women.
It depending on sexual orientation and personal definition of sex.
For me sex is a act between consensual adult for acquiring physical mental and sometimes spiritual pleasure.
Humans sex is not about pro-crimination it is more than that it is about shifting ourself and other self and getting pleasure.
# Why individual harass:
Accused are the victims of society.
We all living in a civil society and are intelligent beings. Human have reached to moon now, travelling to Mars and whole universe but why human harasses human.
From president to beggar every individual harasses.
Yes sex is a human need but need also have time place and the means to fulfil it in our civil society.
When it comes to sex human can't think rationally and they became very emotional.
In our school, teacher teach us complex mathematics problem complex theories which challenges intellectually so we can face our problems but we are not trained to fight with emotional problems. We don't focus on our emotional intelligence.
# Why discuss all above topics?
To understand, reasons for the sexual harassment at workplace.
1. Close proximity to male
2. Overnight working hours
3. Work pressure
4. No pressure
When I saw this reasons I was shocked and surprised. Because this reason are just part of our life.
Individuals moral is no match for his or her emotions.
Now we understand the role of consent.
Consent can make a sexual encounter beautiful experience or unforgettable trauma of life.
We live in free civil society in which everyone has freedom to choose the action and no one can stop them.
Doing so may be violating the liberty of individual.
But many individual complaint that it's hard to understand consent, I didn't do anything, because wearing provocative clothes, so I thought...
Social norms are there but legal rights are important.
As written in our constitution preamble fraternity assuring the dignity of the individual and unity of nation. Means India is a great country where individuals' dignity is protected and consent is a matter of dignity, freedom, authority over you is on your own self.
# Remedies:
Before giving remedies I shall make clear that I am no expert but while studying this subject I came across some information that may help understand the role of consent.
1. Introduce curriculum in school which will focus on emotional intelligence.
2. Accepting similarities and respecting differences between genders.
3. Increasing social moral.
4. Make open society specially for sexual talks in positive manners.
5. Become aware about our civil and fundamental rights.
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