Date:- 20-12-2015
NOTE:- I have prepared this article for public to understand to to make them aware for the crime Sexual Harassment at Workplace and its related laws. This document is prepared in a generic aspect for basic understanding about the law against sexual harassment in India. The facts mentioned herein may vary from case to case and time to time. Please consult or take a proper guidance for Right Information.
As per Indian Laws Sexual harassment can be defined as acts such as unwelcome sexual gesture or behavior whether directly or indirectly, sexually colored remarks, physical contact and advances showing pornography ,a demand or request for sexual favors, any other unwelcome physical, verbal / non-verbal conduct being sexual in nature and Passing sexually offensive and unacceptable remarks. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment. Effective complaints procedures and remedies, including compensation, should be provided.
Please Refer:-
NOT TO WORRY ABOUT SEXUAL HARASSMENT AT WORKPLACE (PART I)
NOTE:- I have prepared this article for public to understand to to make them aware for the crime Sexual Harassment at Workplace and its related laws. This document is prepared in a generic aspect for basic understanding about the law against sexual harassment in India. The facts mentioned herein may vary from case to case and time to time. Please consult or take a proper guidance for Right Information.
_______________________________________________________________________________
Sexual
Harassment?
As per Indian Laws Sexual harassment can be defined as acts such as unwelcome sexual gesture or behavior whether directly or indirectly, sexually colored remarks, physical contact and advances showing pornography ,a demand or request for sexual favors, any other unwelcome physical, verbal / non-verbal conduct being sexual in nature and Passing sexually offensive and unacceptable remarks. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment. Effective complaints procedures and remedies, including compensation, should be provided.
Following are the laws against Sexual Harassment
at Work Place under Indian Penal Code Act 1860 (IPC) as follows:-
Sr. No.
|
Section
|
Particulars/Details
|
Punishments
|
1.
|
294
|
Obscene acts and songs, to the annoyance of
others like:
a) does any obscene act in any public place or
b) sings, recites or utters any obscene song, ballad or words directed at
women in or near any public place.
Ingredients:-
1.
The act must be done in
public place and
2.
The said act must be obscene;
and
3.
The
same must cause annoyance to others.
|
Punishment: Imprisonment for a term up to 3
months or fine, or both. (Cognisable, Bailable and triable offense)
|
2.
|
354
|
Whoever assaults
or uses criminal force to any women, intending to outrage or knowing it to be
likely that he will outrage her modesty.
|
·
Punishment:-
·
Imprisonment for term not
less than 1 year but may extend to 5 years or fine or both. (Cognisable,
Bailable and triable offense)
|
3.
|
354 A
|
A Man Committing any following acts;
1.
Demanding/requesting
for sexual favours despite indication of disinterest, or
2.
Making
unwanted physical contacts and advances involving unwelcome and explicit
sexual overtures or; against a women’s will. or
3.
Showing
pornography against the will of women, or
4.
Making
sexually coloured remarks shall be guilty of the offence of Sexual
Harassment.
|
·
Punishment:-
·
Rigorous Imprisonment for
term not less than 1 year but may extend to 3 years or fine or both.
·
(Cognisable, Bailable and
triable offense)
|
4
|
354 B
|
Assault or
use of criminal force to women with intent to disrobe:
Any man
who assaults or uses criminal force to any women or abets such act with the
intention of disrobing or compelling her to be naked shall be guilty of the
offence of Sexual Harassment.
|
·
Punishment:-
·
Imprisonment of either
description for a term which shall not be less than 3 years but which may
extend to 7 years and shall also be liable to fine.
·
(Cognisable, Bailable and
triable offense)
·
|
5
|
354 C
|
Voyeurism:-
Any man
who watches or captures the image of women engaging in a private act in
circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of
the perpetrator or disseminates such image shall be punished.
(Note: -
Watching, capturing or sharing the images or videos of women engaging in
private act without her consent is an act of Voyeurism).
|
·
Punishment:-
·
1. First time convicted then
Imprisonment of either description not less than 1 year but may extend to 3
years. With fine.
·
(Cognisable, Bailable and
triable offense)
·
2. Second time convicted for
same offence then Imprisonment of either description not less than 3 years
but may extend to 7 years with fine.
·
(Cognisable, Non-Bailable and triable offense)
|
6.
|
354 D
|
Stalking:-
[1] Any
Man who-
(i)
follows a women and contacts, or attempts to contact such women to foster
personal interaction repeatedly despite a clear indication of disinterest by
such women, or;
(ii)
Monitors the use by a women of the internet, email or any other form of
electronic communication, commits the offence of stalking.
(Note:-
Read Section 354 (D) Of IPC in detail)
|
·
Punishment:-
·
1. First time convicted then
Imprisonment upto 3 years. With fine.
·
(Cognisable, Bailable and
triable offense)
·
2. Second time convicted for
same offence then Imprisonment up to 7 years with fine.
·
(Cognisable, Non-Bailable
and triable offense).
|
7.
|
375 &; 376
|
Rape (u/s
375 definition)
A Man is
said to commit “rape” who except in the case hereinafter excepted, has sexual
intercourse with a women under circumstance following under any of the six
descriptions:-
1.
Against
her will
2.
Without
her consent
3.
With
her consent, when her consent has been obtained by putting her or any person
in whom she is interested in fear of death or of hurt.
4.
With
her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is
or believes herself to be lawfully married.
5.
With
her consent, when at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally
or through another of any stupefying or unwholesome substance, she is unable
to understand the nature and consequences of that to which she gives consent.
6.
With
or without her consent, when she is under sixteen years of age. Explanation:-
Penetration is sufficient to constitute sexual intercourse necessary to the
offence of Rape.
|
·
Punishment u/s 376: Imprisonment of either description not less than 7 years or which may
extend to 10 years or more (i.e. for life) with fine.
·
·
(Cognisable, Non-Bailable
and triable offense).
|
8.
|
499
|
Defamation:-
Morphing the pictures of Women and sharing them
or publishes them intending to harm or knowing or having reason to believe
that such imputation will harm the reputation of such person to harass or to
defame the women.
|
Punishment:-
Which may be extend to 2 years or fine or with both.
(Non-cognizable, Bailable, triable by court).
|
9.
|
503
|
Criminal Intimidation:-
Whoever threatens another with any injury to his
person, reputation or property or induces or cause that person (Women) to do
any act which she is not legally bound to do. (I.e. Sexual Advances by way of
threat to harm her physically or her reputation and property.)
|
Punishment:-
Which may be extend to 2 years or fine or with
both.
(Non-cognizable, Bailable, triable by court).
|
10.
|
509
|
Uttering any word or making any gesture any sound
or exhibits any object intended to insult the modesty of a woman.
|
Punishment: Imprisonment for 1 year, or fine, or
both. (Cognisable and Bailable offense)
|
Information Technology Act,
2000
|
|||
11.
|
67
|
Posting any obscene or defamatory material on a
public online platform intending to harass women is a Crime under Section 67
of IT Act.
|
Which may be extend to 2 years or fine or with
both.
(Non-cognizable, Bailable, triable by court).
|
12.
|
A Senior colleague demanding sexual favours in
exchange for work benefits like promotion, salary hike is an act of Sexual
Harassment as per Sexual Harassment of Women at Workplace (Prevention,
Prohibition & Redressal) Act. 2013.
|
||
Please Refer:-
1. Above stated
relevant sections in Indian Penal Code Act 1860.
2. Sexual
Harassment of Women at Workplace (Prevention, Prohibition &;
Redressal) Act
2013.
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