What is abuse of Official Position and Sexual Harassment?

Abuse of official positions and sexual harassment are both types of misconduct and abusive conduct.

Abuse of an official position is when an official uses his/her powers and privileges for personal gain or to harm others, instead of by the law.

A public servant is said to commit the offence of criminal misconduct in the discharge of his duty if he, by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or any other person any valuable thing or pecuniary advantage.

Section 5(2) of the Prevention of Corruption Act, 1947 of India states that any public servant who commits criminal misconduct in the discharge of his duty shall be punishable with imprisonment for a term not less than one year but which may extend to seven years and shall also be liable to fine.

Some examples of abuse of official position include:

Authoritarianism: The inappropriate use of a position of power or authority to control others including creating a hostile work environment, intimidation, threats, blackmail, or coercion without regard for their rights or freedoms.

Corruptions: It often involves bribery, extortion, and other forms of influence peddling,

Bullying: Intimidate, harass, or mistreat others with the use of a position of power.

Sexual misconduct: This includes any form of sexual harassment or assault committed by someone in a position of power against another person.

Financial exploitation: When someone in a position of power takes advantage of their position to enrich themselves at the expense of others. It can involve embezzlement, fraud, and other financial crimes.

Sexual harassment

Sexual harassment means unwelcome physical, verbal, or non-verbal conduct of a sexual nature such as making conditions of employment dependent on sexual favours.

Sexual harassment is a punishable offense in India under three statutes:

Indian Penal Code, 1860 (IPC): Section 354A of the IPC defines sexual harassment as Unwelcome physical contact, Asking or demanding sex or other sexual activity, Making sexual remarks, and Showing pornographic material
Sexual Harassment of Women at Workplace (Prevention and Redressal) Act, 2013 (POSH Act): This act applies to all public and private sector organizations in India. It broadly defines ” workplace ” to include all kinds of organizations and places employees visit for work.
Protection of Children from Sexual Offences, 2012 (POCSO): Section 12 of the POCSO addresses sexual offenses.

Penalties for sexual harassment include Up to three years in prison, A fine, and both prison and a fine.

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