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Sexual harassment case,how to deal


How to deal s*xual harassment case


It can be one of the most intimidating situations anybody ever encounters in their personal lives – that is, unless you swim with sharks or study crocodiles on a regular basis. But all jokes aside, s*xual harassment can be a very serious and relevant issue. And it’s never more relevant than when it comes into your life and demands that you face your problems head on.
The only problem is that many people simply don’t know what to do in order to combat s*xual harassment in the first place. But let’s assume, for the sake of this article, that you’re not worried about preventing harassment. Instead, you’re focused on what to do next after you’re fairly certain that you’ve been s*xually harassed.


 2 Replies

Adv k . mahesh (advocate)     05 November 2012


Sexual harassment in India is termed "Eve teasing" and is described as: unwelcome s*xual gesture or behaviour whether directly or indirectly as s*xually coloured remarks; physical contact and advances; showing p*rnography; a demand or request for s*xual favours; any other unwelcome physical, verbal/non-verbal conduct being s*xual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.According to the Indian constitution, s*xual harassment infringes the fundamental right of a woman to gender equality under Article 14 and her right to life and live with dignity under Article 21.

Although there is no specific law against s*xual harassment at workplace in India, many provisions in other legislations provide some protection against s*xual harassment at workplace, such as Indian Penal Code (IPC) Section 354 which deals with "assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with "word, gesture or act intended to insult the modesty of a woman. In 1997, the Supreme Court of India in a Public Interest Litigation, defined s*xual harassment at workplace, preventive measures and redress mechanism. The judgement is popularly known as Vishaka Judgement.

darshana sawant (associate consultant)     06 November 2012

dear sir,


The new act has come into force recently namely 'Sexual Harassment at workplace Act.  This provides for all types of s*xcual harassment.  The organisation has a s*xual harassment committee headed by a lady and half of the members are ladies.  The employees can put up their grievances before this committee and appropriate action can be taken against erring individual.  In addtition, the model standing orders act also has the clause of s*xual harassment at workplace as a misconduct.  So a disciplinary enquiry can be conducted and appropriate action can be taken.

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