Sexual Harassment

Sexual harassment

The increasing the day by day cases of the sexual harassment the government added section 354A India Penal code read as follows;-

Section 354A IPC:

  1. A man committing any of the following acts—
    1. physical contact and advances involving unwelcome and explicit sexual overtures; or
    2. a demand or request for sexual favours; or
    3. showing pornography against the will of a woman; or
    4. making sexually coloured remarks, shall be guilty of the offence of sexual harassment1.
  2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
  3. Any man who
  4. commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

1 Criminal Law (Amendment) Act, 2013

So the contents of the section 354A IPC may read as follows:-

  • Unwelcome touching or other physical contact
  • Asking or demanding sex or any other sexual activity
  • Making remarks which are of a sexual nature
  • Showing pornographic material which may include videos, magazines, books etc.

There is a separate law on sexual harassment at workplaces which is passed by the Indian Parliament Called The Sexual Harassment of women at workplace (prevention, prohibition and redresal) Act and Rules 2013 

The provisions of the criminal law (the Indian Penal Code or IPC) are different from the law on sexual harassment which is under The Sexual Harassment of women at workplace (prevention, prohibition and redresal) Act and Rules 2013 

  • The IPC is not limited to sexual harassment at the workplace, but punishes such harassment done anywhere in India and at any place.
  • The IPC makes it possible to file a criminal complaint if you have been sexually harassed before the local police station or the Metropolitan magistrate; on the other hand the special law gives us the option of seeking civil remedies and damages as well from the guilty, involving your office administration and other.
  • The punishment for the first three kinds of sexual harassment is three years as compared to the fourth type (making sexually colored remarks) which is one year, which is as per the present law.