Varnika Gautam 23 April 2020

harassment

if someone harass you what you should do?

Quick Summary

If you are experiencing harassment, it's important to know your legal rights and the steps you can take. Indian law provides protection under various acts, including the Sexual Harassment at the Workplace Act, 2013, and specific sections of the Indian Penal Code (IPC). These laws define different forms of harassment, from physical advances and demands for sexual favours to sexually coloured remarks and creating an intimidating work environment. If such an incident occurs, you can file a criminal case by collecting specific evidence and lodging a police complaint.

4 Replies

Rupin Dhama 24 April 2020

file a criminal case against him..

Dr J C Vashista (Advocate) 24 April 2020

Collect evidence and be specific for harashment before filing police complaint.

Archit Uniyal 24 April 2020

Hi,

Sorry if such an incident happened with you. These are the laws related to s*xual harassment at both public places and work.

The Sexual Harassment at The Workplace (Prevention, Prohibition, and Redressal) Act, 2013:

Under the Act, s*xual harassment includes:

a) Physical contact and advances (so, you can’t touch someone inappropriately and think I am innocent because, you know, I didn’t rape)

b) A demand or request for s*xual favours.

c) Making s*xually coloured remarks (so, no s*xist jokes or misogynist humour).

d) Showing p*rnography.

e) Any other unwelcome physical, verbal or non-verbal conduct of s*xual nature.

Laws under Indian Penal Code (IPC)

Section 354 (A): A man committing any physical contact, advances involving unwelcome and explicit s*xual overtures; or demanding or requesting s*xual favours; or showing p*rnography against the will of a woman, or making s*xually coloured remarks, shall be guilty of the offence of s*xual harassment. (Punishment: Rigorous imprisonment for a term which may extend to three years)

Section 209: Obscene acts in any public place, singing obscene songs to the annoyance of others (Punishment: Imprisonment for a term of up to 3 months or fine, or both).

Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman. (You cannot call her “mast".) Punishment: Imprisonment for 1 year, or fine, or both.)

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.

Under the Indian laws, these also count as s*xual harassment:

a) Implied or explicit promise of preferential treatment in her employment.

b) Implied or explicit threat of detrimental treatment in her employment

c) Implied or explicit threat about her present or future employment status

d) Interference with her work or creating an intimidating or offensive work environment for her (for eg., the St. Stephen’s College s*xual harassment case)

e) Humiliating treatment likely to affect her health or safety.

If any of these incidents happened with you, you can file a complaint at the police station.

I hope this helps you.

Regards,
Archit