Optional Grouping: Harassment & Violence

Anyone above the age of 18, has the right to love and have consensual sexual relationships with anyone that they wish to¹ irrespective of their gender. Previously, consensual sexual acts between adults of the same gender were punishable under the law with jail time and a fine.² After 2018, such sexual acts are not punishable anymore under Indian law.³

No one can harass you, hurt you, complain to the police and you cannot be sent to jail or face harassment or violence for:

Your sexual orientation

This means that you cannot face any violence being sexually attracted to a person of any gender, including that of the same gender or a transgender person. You can:

• Be in a relationship and love a partner of any gender.
• Have consensual sexual intercourse with a partner of any gender.
• Move freely in any public space with your partner without any fear.

Your gender Identity

You also have a right to identify which gender you wish to be identified with. After 2014⁴, Courts have held that apart from “male”and “female”, you also have the right to identify and recognize yourself under the category of “third gender” (transgender).  As per the law, you don’t have to undergo Gender Affirmative Therapy to fall under the category of third gender. For instance, if you were born in a female body but feel that you actually identify with being a male then you can choose to identify with this gender.

To identify yourself under the 3 categories, you can change your name and get identification documents which denote the gender you want to be identified with.

You should file a complaint against anyone who harasses you as it is your right to live your life without any interference from the police, your parents etc. or any other person.

1. Shafin Jahan v. Asokan K.M. and Ors. (2018)16 SCC 368; Navtej Singh Johar and Ors. v. Union of India (UOI) and Ors. (2018)10 SCC 1; National Legal Services Authority v. Union of India (UOI) and Ors.  (2014)5SCC438.[↩]
2. Section 377, Indian Penal Code, 1860.[↩]
3. Navtej Singh Johar and Ors. v. Union of India (UOI) and Ors. (2018)10 SCC 1.[↩]
4. National Legal Services Authority v. Union of India (UOI) and Ors., (2014) 5 SCC 438.[↩]

You may face harassment or violence on the basis of:

• Your gender identity where you are being targeted specifically for identifying differently than the gender assigned to you at birth. For example, anti-beggary laws are used very commonly used by the police to arrest and harass transgender persons.
• Your sexual orientation where you are being targeted for your choice of partners or sexual preference. For example, a lot of queer persons may not be comfortable with being public about their sexual orientation and they may blackmailed for money in exchange for keeping this a secret.

If you face targeted harassment or violence, you have a right to complain and get protection from anyone, including a family member, teacher, etc. who is harassing or hurting you. For immediate protection, you can call government helplines who will advise you on steps to take and assist you by sending the police to your location.

The kinds of violence that can happen to you may be in the form of:

• Sexual Violence such as rape or sexual crimes such as inappropriate touching, stalking etc. You may even face different kinds of online sexual violence.
• Physical Violence such as someone injuring or hurting you, locking you up etc.
• Psychological Violence such as someone threatening to hurt you, blackmailing you for favors or money etc. This may even happen to you online.

If you decide to go to the police station to file an FIR (First Information Report), it is important to be confident and prepared with the law before you go, since there may be situations where you may get harassed by the police officers themselves. For example, the police officers may refuse to listen to you because you are a transgender person, so it is important to know the law under which you are filing the complaint.

If you are subjected to any violence, where you are injured or hurt, you have a right to complain and file an FIR with the police regardless of your gender or your sexual orientation. You can complain against anyone, irrespective of their gender. You can go to the police station to use these gender-neutral laws:

Hurting Your Body

Injuring You

If someone injures you or they know that their actions would injure you then it is a crime under the law.

You will have to file an FIR with the help of Section 321/350 of the Indian Penal Code, 1860.

Specific Injuries

If someone intentionally hurts you and it results in injuries which are given below, it is a crime under the law. Some of these specific injuries are:

• Emasculation.
• Depriving you permanently of your eyesight or hearing of either ear.
• Any damage to your joints or your body structure.
• Permanent dis-figuration of your head or face.
• Any fractures or dislocations of your bones or your teeth.
• Any action that results in endangering your life or causes severe bodily pain whereby you are unable to function.
• Using acid to hurt you and which results in the injuries given above (You will have to file an FIR with the help of Section 326B of the Indian Penal Code, 1860)

If you face any of the specific injuries given above, you will have to file an FIR with the help of Section 320/322 of the Indian Penal Code, 1860.

Using Dangerous Weapons

It is a crime to use dangerous weapons on you or use common objects or animals which can be used in a dangerous manner such as:

Dangerous Weapons

• Objects to stab or cut you like knives, scissors etc.
• Objects to shoot you like guns etc.
• Using any explosive substances like firecrackers etc.
• Objects which release fire or any heated object or substance like a torch blower etc.
• Any poison, corrosive substance or material which is dangerous to in

Common Objects that can Become Weapons

• Any home based product such as phenyl which you are forced to consume.
• An object like a cigarette lighter that is used to hurt you.
• Using an animal to hurt you, like making dogs attack you etc.

If you have been hurt or injured or such objects have resulted in death, you will have to file an FIR with the help of Section 324/326 of the Indian Penal Code, 1860.

Threatening to Hurt You

It is a crime to threaten you by making any gestures or making preparations to hurt you. You will have to file an FIR with the help of Section 350/351 of the Indian Penal Code, 1860.

For example, if someone waves a knife at you and threatens to hurt you, then they are making gestures at you which might injure you or cause you fear.

For example, if someone waits for you to leave your office so that they can hit you with sticks, then they are making preparations to hurt you.

If anybody threatens to out your identity or sexual orientation and asks for money or anything of value to maintain their silence, they are committing a crime of extortion.¹ Even the threat of injuring you in this process would amount to the crime of extortion. For example, if someone asks you for money in exchange for keeping your decision to change your gender identity a secret, then this is a crime of extortion for which you should complain to the police.

In such scenarios, you can get immediate help by calling helplines. You can complain with the police regardless of your sexual orientation or gender identity. You can file an FIR with the police with the help of Section 383 of the Indian Penal Code, 1860.

Blackmailing You for Favors

If anybody threatens to hurt you physically or your reputation in exchange for favors, then it is a crime of blackmail and it is legally recognized as criminal intimidation.² These favors may be asked from you in exchange for not outing your identity or sexual orientation. Under the law, it will be criminal intimidation only if you are asked to do:

• Illegal acts such as asking stealing a companies private data etc.
• Acts which stop you from doing something that you were legally bound to do, like for example, you have filed a case against someone and you are being blackmailed in exchange for ending the case.

You will have to file an FIR with the help of Section 503 of the Indian Penal Code, 1860.

1. Section 383, Indian Penal Code, 1908.[↩]
2. Section 503, Indian Penal Code, 1908.[↩]

If you are being obstructed from leaving a place or you are confined inside a particular area, for example, you are locked inside a room, then you are being detained illegally under the law.  This is known as wrongful confinement and anyone confining you may face jail time up to 1 year and/or a fine of Rs. 1000.

If your family forcibly confines you inside the house to prevent you from being with your partner, or out of anger for expressing your newly identified gender or sexual orientation, this is a crime under the law and no one can forcibly confine you against your will as it violates your liberty and freedom of movement.¹

Contact People to Help You

To get out of such a situation and to get immediate help, you can call:

• Helplines who will send police officers or guide you on immediate steps to take.
• NGOs who will be able to free you from such situations.
• Close and trusted family and friends.

File a Complaint

You can approach the nearest police station regardless of your gender identity or sexual orientation and file an FIR against anyone who has locked you up or confined you wrongfully. You will have to file an FIR with the help of Section 340/342 of the Indian Penal Code, 1860.

1. Shivani Bhat v State NCT of Delhi  223(2015)DLT391.[↩]

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.

When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law.

Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.

If you are a man/trans man who was forced to have sexual intercourse, you will not be able to file a complaint for rape or any other form of sexual violence. Instead, your alternative will be to file a complaint stating that you were hurt or injured.

Rape and Gang Rape

• If you want to file a complaint against anyone who has committed the act of rape, you will have to file an FIR with the police with the help of Section 375/376 of the Indian Penal Code, 1860.
• If the act of rape has been committed by a group of people, each of them will be punished for committing the crime of gang rape. You will have to file an FIR with the help of Section 376D of the Indian Penal Code, 1860.

Rape by a Person of Authority

If a man has some form of control over a woman because of his position or job, and uses this control to forces her have sex with him, it is the crime of rape under the law.  For example, if a male police officer rapes you while you are in custody, then you have a right to complain against the officer and file an FIR.

Some of the persons of authority include public servants or jail staff or on the management of the hospital, etc. You will have to file an FIR with the help of Section 376 of the Indian Penal Code, 1860.

It does not matter if you don’t know the details of the person who raped you. You should still file a complaint so that the police can carry out an investigation to prevent him from committing the same crime again. You can also file a complaint against a family member, teacher, etc. who has raped you. You can request someone else to file the FIR on your behalf also. If the police does not register your FIR, read this to understand the alternative steps you can take.

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.

Online Sexual Violence

If you are facing any sexual harassment online, then click here to understand more.