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As far as sexual harassment is concerned neither there is any offense identified, described, or listed as such nor it has ever been enunciated as a category of crime. But it should not be inferred that the Indian penal code, 1860 does not recognize sexual harassment given informally or that there are no existing laws as such that can be invoked in case such an issue arises. There is a number of related laws that have been there in the statute books.
Following provisions of the Indian Penal Code may be invoked in the case, act, or incident of sexual harassment at the workplace took place:
Sections 292-294
Sections 292-294 of the Indian penal code deal with the sale or exhibition of obscene books and objects, as all well as obscene acts or songs in public places, which cause annoyance or inconvenience to the public are recognized as offenses. The provisions of Section 294 may also be applied for cases of sexual harassment.
Section 354-A: Sexual Harassment and Punishment for Sexual Harassment (Criminal Amendment Act, 2013 w.e.f. 3rd February 2013)
In order to constitute an offense under Section 354-A, there must be any of the following acts i.e. physical contact and advances or demand or request for sexual favors or showing pornography against the will of women or making sexually colored remarks.
Bachhawat J. observed, “The modesty of an adult woman” is writ large on her body young or old, intelligent or imbecile, awake or sleeping, the women possess modesty capable of being outraged. Modesty is to woman what fragrance is to flower.”126.
Thus, the provisions of Section 354-A and a range of situations as listed in Vishaka Judgment criminalize any conduct aimed at insulting the modesty of a woman. Further, entering into a woman’s workplace or work station with an intention to commit an offense or intimidate assault or annoy her will not only be covered up by the above-mentioned Sections but may also amount to criminal trespass.
Section 354B
Forcing a woman to undress.
Punishment: From three to seven years in prison, and a fine.
Section 354C
Watching or capturing images of a woman without her consent (voyeurism).
Punishment: First conviction – one to three years in prison and a fine. More than one conviction – three to seven years in prison and a fine.
Section 354D
Following a woman and contacting her or trying to contact her despite her saying she does not want contact. Monitoring a woman using the internet or any other form of electronic communication (stalking).
Punishment: First conviction – up to three years in prison and a fine. More than one conviction – up to five years in prison and a fine.
Section 375: Rape
Rape can be an extreme form of sexual Harassment faced by working women. She may be compelled for sexual intercourse with a threat that if she resists, she will have to lose her job or will have to face adverse circumstances. She may be placed under duress and as a result, she is unable to protest and submits herself involuntarily, to sexual intercourse. Such situations would amount to rape under this section notwithstanding the fact that ii simply started as workplace harassment.128
Section 499: Defamation
Character assassination is the easiest way to humiliate a woman colleague or employee. Rumors can be spread about her loose moral character and illicit relationships with fellow employees, colleagues, or bosses. In this era of information technology, graffiti and obscene emails can be sent to her and to others portraying her as a willing and consenting party.
Section 503: Criminal Intimidation
The offense of criminal intimidation consists of a threat by one person to another or to any other person in whom that other person is interested. Where a person threatens to cause injury to the reputation of another person by any means he will be guilty of this offense.
Section 509
Insulting the modesty of a woman by saying any word or sound or making any gesture that intrudes on her privacy. Punishment: Up to three years in prison and a fine.
Section 511: Attempt to Commit Offences
An attempt is an overt act immediately connected with the commission of an offense and forming part of a series of acts which, if not interrupted or frustrated or abandoned, would result in the commission of the completed offense.
Offenses under The Protection of Children from Sexual Offences Act
5 Section 1 – Sexual harassment of a child; showing any object/body part. Making a child exhibit her body or threatening to use a child to create sexual images (pornography). Punishment: Up to three years in prison and a fine.
