Abstract
Sexual exploitation and commodification have emerged as pressure valve socio-legal concerns in contemporary society. Exploitation refers to the coercive use of individuals for sexual purposes, often through trafficking, prostitution, pornography, abuse, while commodification denotes the transformation of sexuality into a tradable commodity within markets, media, and digital platforms. Together, they highlight the intersection of gender, power, economics, and law, raising fundamental questions about human dignity, agency and justice.
The phenomenon is further complicated by globalization and digital economies, where commodification extends through online pornography, advertising, and social media, creating. Addressing these issues requires a multi-dimensional approach that integrates legal reform, social awareness, economic empowerment, and recognition of sex work as labour. Some time it also raises public health concerns like increased vulnerability to HIV/AIDS and other sexually transmitted infections. Lack of access to healthcare due to fear of disclosure and discrimination.
Introduction
What is sexual harassment under Indian Law
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with the sexual harassment at the work place in India. Sexual harassment basically means any unwelcome act or behaviour of a sexual nature. it means in simple that even if a person engages in the act which claims to be harmless or even though in friendly nature but not appropriate in the ordinary time, it can still amount to harassment. Only thing is that it causes discomfort or humiliation.
Sexual harassment is not merely a workplace misconduct but a violation of fundamental rights also such as equality, dignity, and life under Articles 14, 15, and 21 of the Indian Constitution. The judiciary and legislature have progressively shaped its legal framework, recognizing it as a form of gender-based violence and discrimination. Sexual harassment is defined as unwanted behaviour of a sexual nature that violates an individual’s dignity and creates a hostile environment. It encompasses a range of behaviours that are unwanted and of a sexual nature. Meanwhile according to the Equality Act 2010, it can include physical, verbal, visual,or digital conduct which is not invited or welcomed.
In BNS S.75 have classification of various acts regarding this such as:
- Physical contact and advances
- Demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non- verbal conduct of a sexual nature