SEXUAL

HARASSMENT AND
LAW
WHAT IS SEXUAL
HARRASMENT
“ASSAULTS OR USES
CRIMINAL FORCE TO
ANY
WOMEN,INTENDING TO
OUTRAGE OR
KNOWING IT TO(this is a
definition under sec 354
IPC)
 What Is Sexual
Harassment?
Any unwelcome sexually
determined behaviour, such
as:-
• Physical contact
• A demand or request for
sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other physical, verbal or
non-verbal conduct of a sexual
nature.
 PLACES OF OF
SEXUAL ASSAULT
 SEXUAL ASSAULT AT
WORK PLACE
 SEXUAL ASSAULT AT
HOME
 SEXUAL ASSAULT IN
TRANSPORT
 SEXUAL ASSAULT AT
HOSPITAL /CARE
HOMES/POLICE STATIONS/
REMAND HOMES/PUBLIC
TRANSPORT
 RAPE LAWS
(section 376IPC)
DEFINITION
A man is said to cummit rape, who,except, in the case herein
afterexcepted,has sexual intercourse with a women under
circumstances falling under any of the six following discription:-
First : against her will
Secondly: without her consent
Thirdly:with her consent, when her consenthas been obtained
by putting her or any person in whom she is interested in fear of
death por of heart.
Fourthly:with her consent,when the man knows that he is not
her husband
Fifthly: with her consent,when at time of giving consent, by
reson of unsoundness of mind or intoxication or the
admonistrationby him personall or throughanotherof any
stupifying or unwholespmesubstance , she is unable to
understand the nature and consiquence of that to which she gives
consent
Sixthly;
With or eithout her consent when she is below the age of sixteen
 PUNISHMENT
UNDER RAPE LAWS
• MINIMUM OF SEVEN YEARS
UPTO LIFE IMPRESENTMENT.
• WHEN APOLICE OFFICER/
DOCTOR OF A HOSPITAL/ CARE
TAKER OF REMAND HOME
/CARE HOME FOR MENTALY
RETARDED PEOPLE OR ANY
PERSON UNDER WHOSE
CUSTODY THE VICTIM IS PUT
UNDER LAW CUMMITS RAPE
HE WOULD BE PUNISHED FOR
MINIMUM OF TEN YERS OR
UPTO LIFE EVEN TO DEATH .
• RAPE OF A PREGNANT WOMEN
10 YEARS AND UPTO LIFE.
• RAPE OF A MINOR 10 YEARS
 WHAT SHOULD BE
DONE IN RAPE
CASESS
• IMMEDIATELY REPORT TO
NEAREST POLICE STATION
• GIVE A CLEAR AND DETAILED
STATEMENT IN FIRST
INFORMATION REPORT
• GO FOR MEDICAL CHECK UP
WITHOUT ANY DELAY
• MLC SHOULD BE PREFERABLY
DONE BY AGOVERNMENT
HOSPITAL
• RECORD THE VICTIMS
STATEMENT UNDER SEC164 OF
CPC.
• TAKE A HELP OF A QUALIFIED
LAWYER OR SOCIAL WORKER
 IMPORTANT CASES
ON RAPE TRAILS
• TUKA RAM CASE (
POPULARLY KNOWN AS
“MATHURA “ CASE
• DELHI DOMESTIC
WORKING
WOMENS&OTHERS VS
UNION OF INDIA
• VISHAKHA
• RUPAL DEWAL BAJAJ
(Delhi domestic working
women's forum versus
union of India and
others)
 THE COMPLAINENTS OF
SEXUAL ASSAULT CASESS
SHOULD BE PROVIDED WITH
LEGAL REPRESENTATION.
 LEGAL ASSISTANSE SHOULD
BE PROVIDED AT POLICE
STATION.
 THE POLICE SHOULD BE
UNDER A DUTY TO INFORM
THE VICTIM HER RIGHT TO
REPRESENTATION BEFORE
ANY QUESTION WERE ASKED
OF HER.
 A LIST OF ADVOCATES
WILLING TO ACTIN THESE
CASES SHOULD BE KEPT AT
 SEXUAL ASSAULT
AT HOME

ALL KINDS OF FEMALEM

SEXUAL ABUSE CASES AT
HOME ARE DELT UNDER
354(IPC) AND 375 (IPC)

AFTER PASSING OF NEW LAW

“PROTECTION AGAINST
DOMESTIC VOILENCE”
THESE MATERS WOULD BE
DELT IN BETTER WAY.
 PROTECTION
AGAINST DOMESTIC
VOILENCE
• DOMESTIC VOILENCE
CONTAINS ANY FORM OF
VOILENCE WETHER IT IS
SEXUAL, VERBAL,
MENTAL,ECONOMIC, OR
ACTUAL HURT OR
INJURIES TO BODY, OR
THREAT TO BODILY
INJURY TO ONE SELF OR
TO SOME ONE VICTIM IS
ATTACHED TO.
 WHOM TO
COMPLAIN

• SECURITY OFFICER
• SERVICE PROVIDING
ORGANISATION
• MAGISTRAIT
• POLICE
HOW MANY DAYS IT
WOULD BE
DISPOSED OFF
• FIRST DATE WITHIN THREE
DAYS OF DISPOSAL
WITHIN 60 DAYS OF FIRST
HEARING
WHAT ORDERS CAN
BE OBTAINED
• PROTECTION AGAINST
VOILENCE
(sec.18)
• PROTECTION AGAINST
ECONOMIC VOILENCE ORDERS
(sec.20)
• CHILD CUSTUDY ORDERS
(sec 21)
• CHILDS PROTECTION ORDERS
• RIGHT TO RESIDE IN
SEPARATE HOUSE ORDER
(sec.19)
 PROTECTION
OFFICER AND HIS
DUTIES
• PROTECTION OFFICER WOULD
BE APPOINTED BY
GOVERNMENT
• SHE WOULD BE PREFERABLY
AWOMEN WITH LAW
BACKGRAUND AND
CONSIDERABLE AMOUNT OF
WOMENS ISSUES
UNDERSTANDING
• SHE WOULD PROCURE
ORDERS FROM THE
MAGISTRATE .
• INSURE THAT THE ORDERS
ARE EXECUTED.
• HELP VICTIM IS ACSESSING
OTHER REHABILATION AND
• SEXUAL HARRASEMENT
AT WORK PLACE
Unwelcome Physical
Contact
Any unwelcome act of physical
intimacy like:
• Grabbing
• Brushing
• Touching
• Pinching
• Patting
Unwelcome remark with
sexual connotations

• Obscene or sexually explicit or

suggestive remarks,
compliments
• Threats, innuendoes
• Cracking lewd jokes with
sexual connotations
• Comments about physical
appearance
• Obscene telephone calls
Unwelcome remark with
sexual connotations

• Obscene or sexually explicit or

suggestive remarks,
compliments
• Threats, innuendoes
• Cracking lewd jokes with
sexual connotations
• Comments about physical
appearance
• Obscene telephone calls
 Any other unwelcome
conduct of a sexual
nature
• It could be verbal, or
• Even non-verbal gestures/
actions or conduct like staring
to make the other person
uncomfortable, wolf-whistles,
kissing sounds
 GUIDELINES AND
NORMS LAID DOWN
BY THE SUPREME
COURT IN

VISHAKA & ORS. V.

STATE OF
RAJASTHAN & ORS.

Reported as:
(JT 1997 (7) SC 384)
 Duty of Employer/ other
responsible persons in
work places/ other
institutions:
To take all steps to:
• Prevent or deter the commission
of acts of sexual harassment
• Provide the procedure for the
resolution, settlement or
prosecution of acts of sexual
harassment
 Preventive Steps
(a)Express prohibition of SH
must be notified, published
and circulated

(b) Government/ PSUs Rules/

Regulations for conduct/
discipline must include rules/
regulations prohibiting SH
and provide for appropriate
penalties against the
offender.

(c) Private employers must

include prohibitions in the
standing orders
 Preventive Steps
(Contd.)
Appropriate work conditions to
be provided in respect of work,
leisure, health and hygiene to
ensure that:
• No hostile environment towards
women at work places and
• No employee woman should
have reasonable grounds to
believe that she is
disadvantaged in connection
with her employment.
 Preventive Steps
(a)Express prohibition of SH
must be notified, published
and circulated

(b) Government/ PSUs Rules/

Regulations for conduct/
discipline must include rules/
regulations prohibiting SH
and provide for appropriate
penalties against the
offender.

(c) Private employers must

include prohibitions in the
standing orders
 Criminal Proceedings

• Where such conduct amounts to

a specific offence under the
Indian Penal Code or under any
other law, the employer shall
initiate appropriate action in
accordance with law by making
a complaint with the appropriate
authority.
 Disciplinary Action

• Where such conduct amounts to

misconduct in employment as
defined by relevant service
rules, appropriate disciplinary
action should be initiated by the
employer under them
 Complaint Mechanism

• The complaint mechanism

should provide, where
necessary:
• A Complaints Committee
• A special counselor or
• Other support services
• There must be strict
maintenance of confidentiality
 Complaint Mechanism
• Whether or not such conduct
constitutes an offence under law
or a breach of the service rules,
an appropriate complaint
mechanism should be created in
the organization for redress of
the complaint made by the
victim.
• Such complaint mechanism
should ensure time bound
treatment of complaints.
Third Party Harassment

• Where sexual harassment

occurs as a result of an act or
omission by any third party or
outsider, the employer and
person in charge will take all
steps necessary and reasonable
to assist the affected person in
terms of support and preventive
action.
Complaint Mechanism
• Whether or not such conduct
constitutes an offence under law
or a breach of the service rules,
an appropriate complaint
mechanism should be created in
the organization for redress of
the complaint made by the
victim.
• Such complaint mechanism
should ensure time bound
treatment of complaints.
 Victim Protection
• The employer should ensure
that victims or witnesses are not
victimized or discriminated
against while dealing with
complaints of sexual
harassment.

• The victim of sexual harassment

should have the option to seek
transfer of the perpetrator or her
own transfer.
 Applicability of
Guidelines
• Cover SH by a man towards a
woman at workplace
• Apply to Government, public
and private sectors and even to
third party SH
• Apply to SH at workplace even
when the victim is drawing an
honorarium or is in voluntary
service
• Are legally binding and must be
enforced
 Employer’s
responsibilities
• Recognise SH as a serious crime
• Formulate an anti-SH policy
• Set up a Complaints Committee
• Make the policy available to all the
staff
• Discuss the policy with all new
employees
• Ensure third parties are aware of the
policy
• Conduct anti-SH awareness training
• Prevent & deal with SH at the
workplace in all possible ways
• Treat the complainant with empathy
and protect her from victimization
for complaining
 AEPC v. A.K. Chopra (1999) 1
SCC 759

• Inquiry must proceed on

broader possibilities and not get
swayed by insignificant
discrepancies or narrow
technicalities
• The entire material must be
examined to determine the
genuineness of the complaint
and statement of the victim
must be examined against that
 Interim order dated 26.4.2004 in
Medha Kotwal & Ors. V. Union
of India & Ors.

• Complaints Committee as
envisaged in Vishaka will be
deemed to be an inquiry
authority for the purposes of
Central Civil Services(Conduct)
Rules, 1964(hereinafter called
CCS Rules)
 What should sexually
harassed employee do?
• Not to ignore the SH
• Not to blame herself
• Talk to others about SH
• Maintain a SH notebook
• Name or describe the harassment
• Create a witness to the harassment
• Avoid delay in reporting
• File a formal complaint

In any case, all employees must

ensure that their employer/
organization frames a SH policy and
no SH complainant is victimized
Benefits of SH policy
for the employer
• A safe work environment
• Improved interpersonal
relations
• Higher work performance &
productivity
• Less absenteeism
• Retention of valued employees
• Increased profitability
• Reduction in imposed costs
• Enhances public image
• Better practice
 For further information
contact:

Human Rights Law Network

65, Masjid Road, Jungpura,
New Delhi – 110 014

Phones; 91-11-2431 9854/5/6

Fax: 91-11-24324502
E-mail: hrlndel@vsnl.net OR
slicdelhi@vsnl.net
 THANK YOU

“LETS TOGETHER WORK FOR A

SOCIETY WERE WOMEN CAN LIVE
WITHOUT FEAR OF ANY KIND OF
VOILENCE”

PRESENTED BY

KHADIJAH FARUQUI