Sexual harassment

Hello,

The s*xual harassment of women at workplace Act, 2013 provides guidelines to ensure safety of women at workplace. For a detailed insight on the same kindly go through the link below.

https://www.lawyersclubindia.com/articles/the-posh-act-and-the-internal-committee-13462.asp
 

Thank you

Search for Vishakha guidelines for the same

hello,

under Section 354A– Sexual harassment is: unwelcome physical contact and advances, including unwanted and explicit s*xual overtures, a demand or request for s*xual favors, showing someone s*xual images (p*rnography) without their consent, and making unwelcome s*xual remarks.

Punishment: Up to three years in prison, and a fine.

-thank you

Are you affected / aggrieved person ?

Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.

Pre- Vishaka Scenario-

Before the Vishaka rules came into picture, the ladies needed to take matter of Sexual Harassment at Workplace through housing a grievance under Sec 354 and 509 of IPC. 

Lewd behavior as we probably are aware has become a worldwide issue which is a sort of savagery against ladies. Global people group has perceived in their International settlements and archives, the security from Sexual Harassment as a common liberties of ladies. All the lawful instruments managing this issue have been set down to secure life and freedom and these instruments have been utilized as a way to control and address this issue. 

In India until the Vishaka's judgment was given out, there was no law to administer this issue and the rules which came as a result of this case were gotten from the Convention on the Elimination of all types of Discrimination Against Women (CEDAW). The Indian Constitution had grounded arrangements as principal rights.

In the case of Vishaka and Ors v. State of Rajasthan and Ors, the Hon’ble Supreme Court has laid down guidelines and norms to be observed to prevent s*xual harassment of working women.

Post Vishaka Scenario-

India didn't have any enactment till the Bill for the Protection of Women from Sexual Harassment was moved in the Parliament in the year 2005. Following a 10 long years hole in 2010, the Bill was in the Lok Sabha with slight changes in the old Bill. The new Bill characterized "inappropriate behavior" and furthermore accommodated a redressal component through "Inside Complaints Committee" in the work environment or "Nearby Complaints Committee" at the locale level. Ladies who are utilized just as the individuals who enter the work environment as customers, clients or understudies other than the understudies and examination researchers in schools and colleges and patients in clinics are tried to be covered under the proposed enactment. Nonetheless, homegrown specialists working at home are not covered. Moreover, there were issues with respect to the move to be made against bogus and pernicious charges or grumblings, thusly to address this issue the Parliamentary Standing Committee in June 2011, submitted suggestions to eliminate bogus and malignant charges. At that point the more current variant of the Bill held the activity against bogus and vindictive charges by ICC or Local Committee against the Complaint under Section 14. 

As indicated by Section 13 of the demonstration there are two phases of enquiry, one is before the charges are found and demonstrated the report of a similar should be shipped off the DC (Disciplinary Committee) and it will make a move according to the assistance rules. This is again a tedious interaction, where the casualty needs to deliver the confirmations again and experience questioning, which is a sort of mental torment to the person in question. The case might be diverse with a private area with respect to the second cycle of enquiry, these stages or customs are acting against the worth Constitution of ICC. 

Corresponding to this, the Apex Court in the event of Medha Kotwal Lele versus Association of India and others, (2013) 1 SCC 297 has plainly set out that the report of the council is conclusive and the disciplinary board is vested with the ability to give discipline and to lead second enquiry. 

Till the new Act of 2013, became effective; the issue of inappropriate behavior was represented by the rules set somewhere around the Vishaka's case in the year 1997. The fundamental target of the Act was to actualize the rules and to guarantee an entrance a protected working environment by lady. 

The Sexual Harassment At Workplace (Prevention, Prohibition And Redressal) Act, 2013- 

The Sexual Harassment Act (Hereby called as an 'Demonstration') was at last sanctioned in the year 2013 for the anticipation of lewd behavior against ladies at working environment in the entire of India. The fundamental target of the demonstration was security of Women, anticipation and redressal of lewd behavior protests. Segment 2(N)of the demonstration characterizes Sexual provocation as any at least one of the accompanying unwanted acts or conduct (regardless of whether straightforwardly or by suggestion) to be specific: 

1. Actual contact and propels; or 

2. An interest or solicitation for s*xual courtesies; or 

3. Offering explicitly shaded comments; or 

4. Demonstrating erotic entertainment; or 

5. Some other unwanted physical, verbal, or non-verbal lead of s*xual nature.

 

The law preventing s*xual harassment in workplace came to force in the year 2013, still there lingers a lack of lucidity on various features of the act such as its statute, its contents, employer obligations, remedies and safeguards for the victims etc. Workplace harassment was recognized for the first time in India in the landmark case of Vishaka v. State of Rajasthan  wherein the Supreme court established certain guidelines to combat workplace harassment as there was an absence of a specific law.

16 years after the Vishaka judgement the POSH act (The Sexual Harassment of Women at Workplace , Prevention, Prohibition and Redressal ) was enacted in the year 2013.

• Section 2(n) of the act provides the definition for the term “s*xual harassment”, it includes acts or behaviors such as physical contact and advance, a demand or request for s*xual favors, making s*xual remarks, showing p*rnographic material, other unwelcomed physical acts, any verbal conduct of s*xual nature.
• Section 4 of the act deals with provisions governing the constitution of internal complaints committee.
• Section 9 provides that any aggrieved women can make a complaint of s*xual harassment at her workplace in writing before the committee.
• Section 11 deals with the inquiry of such complaints.
• Section 13 deals with “inquiry report” consisting of the findings from the inquiry.
• Section 19 deals with the duties of the employer to provide a safe work environment for the employees
• If an employer fails to constitute an Internal Committee, or discharge any of the other duties placed upon them as specified under the act, they shall be punished with a fine which may extend to fifty thousand rupees. In the event where an employer infringes the provisions of the POSH Act, they may be either fined, or face cancellation of their license for carrying on their business.

respected sir

s*xual harassment violates the fundamental rights of women under article 14(2) , right to life under article 21 (4) and right to practice any profession which includes right to safe environment.

IPC on s*xual harrasment

section 354 A - Three years of imprisonment and fine. 

Asking s*xual favours from the women, unsolicited physical contact, showing explicit content without cosent. 

section 354 B-  From three to seven years in prison, and a fine.

Forcing a woman to undress.

section 354 C-  First conviction is one to three years in prison and a fine. More than one conviction is three to seven years in prison and a fine.

vouyerism (capturing a woman's picture without her consent)

section 354 D- First conviction is up to three years in prison and a fine. More than one conviction is up to five years in prison and a fine.

stalking a woman and contacting her against her will.

relevant case law- Vishakha v State of Rajasthan.

regards

 

Hello, Greetings of the day!  

Sexual harassment in the workplace has become a global phenomenon prevalent in all countries whether developed or developing. The importance of such laws was needed the most after the Vishakha case in 1997. Before the Vishakha rules came into existence, women had to take matters of s*xual harassment under Section 354 of IPC, 1860.   

The supreme court laid down guidelines for s*xual harassment in 1997 but the effect of it came into practical use only after the 2013 Amendment Act to IPC.  Section 354 A was added to the Indian Penal Code,1860 which laid down clear provisions for s*xual harassment. The ingredients of the Section were   

• physical contact and advances involving unwelcome and explicit s*xual overtures;   

• a demand or request for s*xual favors; or   

• showing p*rnography against the will of a woman;  

• making s*xually colored remarks   

The guidelines were laid down in the case of Vishaka and others v State of Rajasthan  

Best Regards,     

Vasundhara Singh    

Law Student