Sexual Harassment

1. SUBMITTED BY – ANAND SINGH KHEECHEE

3. • Unwelcome sexual advances, request for sexual
favours, and other verbal or physical conduct of a
sexual nature.
• Sexual harassment happens when submission to, or
rejection of this conduct explicitly or implicitly affects
an individual’s employment, unreasonably interferes
with an individual’s work performance or creates an
intimidating, hostile, or offensive work (academic)
environment.

4. • Sexual Harassment behaviour is contrary to the norms
and values of the society.
• Sexual harassment in work, education, or training
environment violates civil rights law.
• Being able to identify what constitute sexual
harassment conduct and knowing how to respond to
it.

5. 1) Laws under Indian Penal Code (IPC)
i. Section 209: Obscene acts and songs, to the annoyance of
others like: does any obscene act in any public place or
sings, recites or utters any obscene song, ballad or words in
or near any public place.
ii. Section 354: Assault or use of criminal force on a woman
with intent to outrage her modesty. Punishment: 2 years
imprisonment or fine, or both
iii. Section 376: Rape. Punishment: Imprisonment for life or
10 years and fine
iv. Section 509: Uttering any word or making any gesture
intended to insult the modesty of a woman. Punishment:
Imprisonment for 1 year, or fine, or both. (Cognisable and
bailable offense)
LAWS ON SEXUAL HARASSMENT

6. 2) The Indecent Representation of Women (Prohibition) Act
(1987)
 If an individual harasses another with books, photographs,
paintings, films, pamphlets, packages, etc. containing ‘indecent
representation of women’; they are liable for a minimum
sentence of two years.
 3) The prohibition of sexual harassment of women at
workplace bill, 2010.
 This Act may be called the Prohibition of sexual harassment
of women at workplace bill, 2010. It extends to the whole of
India except the State of Jammu and Kashmir. It shall come
into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

7. Section No: Actions Punishment:
209
Obscene acts and songs, to the
annoyance of others like: Does
any obscene act in any public
place or sings, recites or utters
any obscene song, ballad or
words in or near any public
place
Imprisonment for a
term up to 3 months
or fine, or both.
(Cognisable, bailable
and triable offense)
354
Assault or use of criminal force
on a woman with intent to
outrage her modesty.
2 years imprisonment
or fine, or both
376 Rape
Imprisonment for life
or 10 years and fine
509
Uttering any word or making
any gesture intended to insult
the modesty of a woman
Imprisonment for 1
year, or fine, or both.
(Cognisable and
bailable offense)

8. The Indecent
Representation
of Women
(Prohibition)
Act (1987)
Although it is not known to have been
used in cases of sexual harassment, the
provisions of this act have the potential
to be used in two ways: If an individual
harasses another with books,
photographs, paintings, films,
pamphlets, packages, etc., containing
‘indecent representation of women’;
they are liable for a minimum sentence
of 2 years
A ‘hostile working environment’ type of
argument can be made under this act.
Section 7 (Offences by Companies) -
holds companies where there has been
‘indecent representation of women’
(such as the display of pornography) on
the premises guilty of offenses under
Minimu
m
sentence
of 2 years

9.  Supreme Court acknowledged that:
 Sexual harassment is a human rights violation
 Sexual harassment is a violation of the constitutionally
guaranteed fundamental rights:
 Articles 14 and 15: Right to equality
 Article 21: Right to life - to live with dignity
 Article 19(1)(g) - Right to practice any
profession/trade/occupation/business, i.e., a right to a safe
environment free from harassment
 There is a need for guidelines to fill the legislative vacuum

10. Section 509- Word, gesture or actintended toinsult the modesty of a
woman
Offence:

utterance of any word,

makinganysound or gesture

exhibiting anyobject
Withanintention to intrude upon theprivacy of such woman
Punishment: Simple imprisonment up to 3 years+ fine
Nature of offence: Cognizable

11.  Section354A:Sexual harassment and punishment for sexual harassment
 Offence:
 physical contact and advances involving unwelcome and explicit sexual overtures; or
 a demand or request for sexual favours; or
 showing pornography againstthe will of a woman; or
 making sexually coloured remarks
 Punishment:Commission of an offence under (i),(ii) or (iii) punishable with
rigorous imprisonment for a term of up to 3 years and/or fine; commission of
offence under(iv) punishable with imprisonment for a term up to one year and/or
fine
 Natureofoffence:Cognizable

12. QUID PRO QOU SEXUAL HARASSMENT
 Quid pro quo sexual harassment occurs when an
employee is offered to be retained in his/her job or be
promoted in exchange for sexual favors. The person
who commits quid pro quo sexual harassment is a
person with power to influence the victim's
employment or educational situation like a supervisor,
manager or a teacher.

13. HOSTILE WORK ENVIRONMENT
Hostile work environment sexual harassment, on the
other hand, occurs when a co-worker, manager or
supervisor in the work place makes unwelcome sexual
advances which interferes with work performance or
creates an intimidating, hostile or offensive work
and/or learning environment.

14.  Written
 Unwelcome suggestive, sexually
explicit or obscene letters, notes,
e-mails or invitations.

15.  Visual
 Sexually oriented gestures, display of
sexually suggestive or derogatory
objects, pictures, cartoons, posters or
drawings.
 Looking a person up and down (“elevator
eyes”).

16.  Verbal
– sexually explicit or offensive comments,
slurs or jokes;
– inappropriate comments about an
individual’s body or sexual activities;
– repeated unwelcome propositions or
sexual flirtations;
– direct or subtle pressure or repeated
unwelcome requests for dates or sexual
activities.

17.  Physical
 Impeding or blocking movements,
touching, patting, pinching, or any other
unnecessary or unwanted physical
contact.
 Touching an employee’s hair, clothing or
body.
 Brushing up against a person.

18.  Every Employer shall
 Provide a safe working environment at the workplace which shall
include safety from the persons coming into contact at the
workplace.
 display at any conspicuous place in the workplace, the order
constituting, the internal committee.
 Organize workshops and training programmes at regular intervals
for sensitizing the employees regarding the provisions of the Act.
 provide necessary facility to the Internal Committee or the Local
Committee, as the case may be for dealing with the complaint and
conducting inquiry.
 assist in securing the attendance of respondent and witnesses
before the committee.
 make available such information to the committee.

19.  provide assistance to the women if she chooses to file a
complaint in relation to the offence under the Indian
Penal Code or any other law for the time being in force.
 initiate action, under the Indian Penal Code or any other
law for the time being in force, against the perpetrator
after the conclusion of the inquiry, or without waiting for
the inquiry where the perpetrator is not an
employee in the workplace at which the incident of
sexual harassment took place.
 treat sexual harassment as a misconduct under the
service rules and initiate action for such misconduct.
 Monitor the timely submission of reports by the Internal
committee.

20.  Sexual harassment should be affirmatively discussed at
workers’ meetings, employer-employee meetings, etc.
 Guidelines should be prominently displayed to create
awareness of the rights of female employees
 The employer should assist persons affected in cases of
sexual harassment by outsiders

21.  Central and state governments must adopt measures
including legislation to ensure that private employers
also observe guidelines.
 Names and contact numbers of members of the
complaint committee must be prominently displayed

23.  Quid pro quo is a form of sexual harassment that
includes offensive verbal, visual and/or physical
contact that creates a hostile work environment.
 TRUE or FALSE?

24.  Requesting or demanding sexual favor in exchange for
promotion/ grade benefits, or threatening reprisals if
the favors are not given is an illegal type of sexual
harassment known as QUID PRO QUO Harassment.

25.  The best way to stop sexual harassment is
to ignore it and it will go away.
 TRUE or FALSE?

26.  Sexual harassment includes staring or leering that
makes another person feel uncomfortable and
intimidated, and if it is ignored, it will not go away.

27.  Sexual harassment is really just a form of
teasing and it is not against the law
 TRUE or FALSE?

28.  Sexual harassment can be very hurtful and have long-
lasting effects on people. It is also against the law.

29.  People who sexually harass others are
usually motivated by attractions and
desire.
 TRUE or FALSE?

30.  Sexual harassment is about power, not sex. A
harasser’s action are often meant to humiliate or
intimidate the victim.

31.  If a girl wears revealing clothing she
cannot then complain about being
sexually harassed.
 TRUE or FALSE?

32.  The responsibility to avoid sexual harassment is on the
person doing the harassing. You cannot use the way a
person dresses as an excuse for harassing them.