JAMIA MILLIA

ISLAMIA
FACULTY OF LAW

CRIMINOLOGY ASSIGNMENT
On
“SEXUAL HARRASMENT OF
WOMEN AT WORKPLACE”

Submitted to: Dr. Rashid CA

Submitted by: Ms. Shahista Khan
Course: - BA.,L.L.B (H), Vth semester
Sec.- B
 TABLE OF CONTENTS

INTRODUCTION
HISTORY OF THE ACT
VISHAKA GUIDELINES
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013
EMPLOYER’S DUTIES AND OBLIGATIONS
OTHER LAWS PERTAINING TO SEXUAL HARRASMENT AT WORKPLACE
THE SEXUAL HARASSMENT ACT: A CRITICAL ANALYSIS
CONCLUSION
REFERENCES
 INTRODUCTION

Women is one of the most vulnerable sections of our society. From time immemorial
women has suffered from discrimination in all dimensions of life. Though now the
situation has improved considerably, there are still some things which needs to be
changed. One of these things is the harassment of women at workplace.

Gender equality in all dimensions is a basic human right and the Constitution of India
(“Constitution”) guarantees all its citizens equality of status and opportunity.1 Sexual
harassment is considered as a violation of a woman’s fundamental right to equality,
which right is guaranteed by Articles 14 and 15 of the Constitution. Workplace sexual
harassment creates an insecure and hostile work environment, thereby discouraging
woman’s participation in work and adversely affecting their social and economic
growth.2 The Constitution also provides every citizen the ‘right to practice or carry
out any occupation, trade or business3, which includes the right to a safe environment,
free from all forms of harassment.

India’s first legislation specifically addressing the issue of workplace sexual

harassment was enacted in 2013. The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (“Prevention of Workplace Sexual
Harassment Act”) was made effective from December 09, 2013 by the Ministry of
Women and Child Development, India. The Government has also notified rules under
the Prevention of Workplace Sexual Harassment Act titled the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
(“Prevention of Workplace Sexual Harassment Rules”). The Prevention of Workplace
Sexual Harassment Act has been enacted with the objective of preventing and
protecting women against sexual harassment at workplace and for the effective
redressal of complaints of sexual harassment. The statute seeks to fill the legislative
void on the subject and provide every woman, irrespective of her age or employment
status, a safe and secure working environment free from all forms of harassment.

1
Articles 14, 15 and 19 of the Constitution
2
Statement of Objects and Reasons, Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
3
Article 19(1)(g)
The year 2013 also witnessed the promulgation of the Criminal Law (Amendment)
Act, 2013 (“Criminal Law Amendment Act”) which criminalized offences such as
sexual harassment, stalking and voyeurism.
 HISTORY OF THE ACT

The problem of sexual harassment of women is not a new development, it has been a
part in every women’s life an older phenomenon of showing the dominance of men in
the society. Sexual harassment is one of those problems which play a bad role by
discouraging women in taking active part in economic and social development. It is a
demanding and offensive experience one employee can suffer and it is gaining
recognition whether it be at workplace or an institution or at home.Civil Society
claims 70% of women have had sexual harassment experience
.
Sexual Harassment at the Workplace (SHW) has remained one of the central concerns
of the women’s movement in India since the early-’80s. During the 1980s, militant
action by the Forum Against Oppression of Women (Mumbai) against the sexual
harassment of nurses in public and private hospitals by patients and their male
relatives, ward-boys and other hospital staff; of air-hostesses by their colleagues and
passengers; of teachers by their colleagues, principals and management
representatives; of PhD students by their guides and so on and so forth received a
lukewarm response from the trade unions and adverse publicity in the media (FAOW,
1991). But this trivialisation did not deter the women’s rights activists. More and
more working women started taking systematic action against SHW.

Baailancho Saad (‘Women’s Voice’) in Goa mobilised public opinion against the
chief minister, who allegedly harassed his secretary, through demonstrations, rallies
and sit-ins till the minister was forced to resign. In 1990, the same organisation filed a
public interest litigation to bring amendments in the antiquated rape law that defined
rape in the narrowest sense of ‘penile penetration into the vagina’. Several women’s
groups came forward in support of a new concern about a variety of sexually violent
acts against women, including SHW.

During the 1990s, the most controversial and brutal gang rape at the workplace
involved a Rajasthan state government employee who tried to prevent child marriage
as part of her duties as a worker of the Women Development Programm. The feudal
patriarchs who were enraged by her (in their words: “a lowly woman from a poor and
potter community”) ‘guts’ decided to teach her a lesson and raped her repeatedly
(Samhita, 2001). After an extremely humiliating legal battle in the Rajasthan High
Court the rape survivor did not get justice and the rapists -- “educated and upper caste
affluent men” -- were allowed to go free. This enraged a women’s rights group called
Vishakha that filed a public interest litigation in the Supreme Court of India (Combat
Law, 2003). Some noteworthy complaints of SHW that came into the national
limelight were filed by:
• Rupan Deo Bajaj, an IAS officer in Chandigarh, against ‘super cop’ K P S Gill.
• An activist from the All India Democratic Women’s Association, against the
environment minister in Dehra Dun.
• An airhostess against her colleague Mahesh Kumar Lala, in Mumbai.
• An IAS officer in Thiruvananthapuram, against the state minister.

Before 1997, women experiencing SHW had to lodge a complaint under Section 354
of the Indian Penal Code that deals with the ‘criminal assault of women to outrage
women’s modesty’, and Section 509 that punishes an individual/individuals for using
a ‘word, gesture or act intended to insult the modesty of a woman’. These sections left
the interpretation of ‘outraging women’s modesty’ to the discretion of the police
officer. In 1997, the Supreme Court passed a landmark judgment in the Vishakha case
laying down guidelines to be followed by establishments in dealing with complaints
about sexual harassment. The court stated that these guidelines were to be
implemented until legislation is passed to deal with the issue.

Pursuant to this, the Government of India requested the National Commission for
Women (NCW) to draft the legislation. A number of issues were raised regarding the
NCW draft, until, ultimately, a drafting committee was set up to make a fresh draft.
Several women’s organisations are part of this committee, including Majlis from
Mumbai, which was asked to make the draft. Women’s organisations and women
lawyers associated with trade unions in Mumbai have collectively worked on the draft
with Majlis. Particular concern, whilst working out the draft, has been to include the
unorganised sector and to incorporate provisions of the labour law. The bill to be
introduced in Parliament is known as the Sexual Harassment Of Women At The
Workplace (Prevention And Redressal) Bill, 2004. The bill provides for the
prevention and redressal of sexual harassment of women at the workplace, or arising
during and in the course of their employment and matters connected thereto, in
keeping with the principles of equality, freedom, life and liberty as enshrined in the
Constitution of India, and as upheld by the Supreme Court in Vishakha vs State of
Rajasthan [1997(7) SCC.323] and as reflected in the Convention on the Elimination
of all Forms of Discrimination against Women (CEDAW) which has been ratified by
the Government of India.
After a 10 long years gap in 2010, the Bill was in the Lok Sabha with slight changes
in the old Bill. The new Bill defined “sexual harassment” and also provided for a
redressal mechanism through “internal Complaints Committee” in the workplace or
“Local Complaints Committee” at the district level.The bill was finally came into
effect in 2013. Till the new Act of 2013, the problem of sexual harassment was
governed by the guidelines laid down by the Vishakha case in the year 1997. The
main objective of the Act was to implement the guidelines and to ensure a safe
workplace for woman.
 VISHAKA GUIDELINES
Guidelines and norms laid down by honorable Supreme Court in Vishaka and others
vs. State of Rajasthan and others:
It is necessary and expedient for employers in work places as well as other
responsible persons or institutions to observe certain guidelines to ensure the
prevention of sexual harassment of women.
Duty of the employer or other responsible persons in work places and other
institutions: It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or prosecution
of acts, of sexual harassment by taking all steps required.

Preventive Steps
All employers or persons in charge of work place whether in public or private sector
should take appropriate steps to prevent sexual harassment. Without prejudice to the
generality of this obligation they should take the following steps:

a. Express prohibition of sexual harassment as defined above at the work place should
be notified, published and circulated in appropriate ways.

b. The rules of government and public sector bodies relating to conduct and discipline
should include rules prohibiting sexual harassment and provide for appropriate
penalties in such rules against the offender.

c. As regards private employers, steps should be taken to include the aforesaid

prohibitions in the standing orders under the industrial employment (standing orders)
act, 1946.

d. Appropriate work conditions should be provided in respect of work, leisure, health

and hygiene to further ensure that there is no hostile environment towards women at
work places and no employee woman should have reasonable grounds to believe that
she is disadvantaged in connection with her employment.

Criminal Proceedings
Where such conduct amounts to a specific offence under the IPC or under any other
law, the employer shall initiate appropriate action in accordance with law by making
complaint with the appropriate authority.
In particular, it should ensure that victims or witnesses are not victimized or
discriminated against while dealing with complaints of sexual harassment.

Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the relevant
service rules, appropriate disciplinary action should be initiated by the employer in
accordance with those rules.

Complain Mechanism
Whether or not such conduct constitutes an offence under law or a breach of the
service rules, and appropriate complaint mechanism should be created in the
employer’s organization for redress of the complaint made by the victim.
Such complaint mechanism should ensure time bound treatment of complaints.

Internal Complaints Committee

The complaint mechanism, referred to above, should be adequate to provide, where
necessary, a complaints committee, a special counselor or other support service,
including the maintenance of confidentiality. The complaints committee should be
headed by a woman and not less than half of its member should be women. Further, to
prevent the possibility of any undue pressure or influence from senior levels, such
complaints committee should involve a third party, either NGO or other body who is
familiar with the issue of sexual harassment.
The complaint committee must make an annual report to the government department
concerned of the complaints and action taken by them. The employers and person in
charge will also report on the compliance with the aforesaid guidelines including on
the reports of the complaints committee to the government department.

Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at a workers’
meeting and in other appropriate forum and it should be affirmatively discussed in
employer-employee meetings.
Awareness
Awareness of the rights of female employees in this regard should be created in
particular by prominently notifying the guidelines (and appropriate legislation when
enacted on the subject) in a suitable manner.

Third Party Harassment

Where sexual harassment occurs as a result of an act or omission by any third party or
outsider, the employer and person in charge will take all steps necessary and
reasonable to assist the affected person in terms of support and preventive action.
The central/state governments are requested to consider adopting suitable measures
including legislation to ensure that the guidelines laid down by this order are also
observed by the employers in private sector.
These guidelines will not prejudice any rights available under the protection of human
rights act, 1993.
 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013

Applicability and Scope

The Prevention of Workplace Sexual Harassment Act extends to the ‘whole of India’
and stipulates that a woman shall not be subjected to sexual harassment at her
workplace.4 It is pertinent to note that the statute protects only women and is not
intended to be a gender neutral legislation. As per the statute, an ‘aggrieved woman’
in relation to a workplace, is a woman of any age, whether employed or not, who
alleges to have been subjected to any act of sexual harassment.5 Further, the
Prevention of Workplace Sexual Harassment Act applies to both the organized and
unorganized sectors in India. The statute, inter alia, applies to government bodies,
private and public sector organisations, non-governmental organisations,
organisations carrying out commercial, vocational, educational, entertainment,
industrial, financial activities, hospitals and nursing homes, educational institutes,
sports institutions and stadiums used for training individuals and a dwelling place or a
house.6

Sexual Harassment - Meaning

The Prevention of Workplace Sexual Harassment Act defines ‘sexual harassment’ in
line with the Supreme Court’s definition in the Vishaka Judgment. As per the statute,
‘sexual harassment’ includes unwelcome sexually tinted behaviour, whether directly
or by implication, such as (i) physical contact and advances, (ii) demand or request for
sexual favours, (iii) making sexually coloured remarks, (iv) showing pornography, or
(v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.7
Presence or occurrence of circumstances of implied or explicit promise of preferential
treatment in employment; threat of detrimental treatment in employment; threat about
present or future employment; interference with work or creating an intimidating or
offensive or hostile work environment; or humiliating treatment likely to affect the
lady employee’s health or safety could also amount to sexual harassment.8

4
Section 3 of the Prevention of Workplace Sexual Harassment Act
5
Section 2(a) of the Prevention of Workplace Sexual Harassment Act
6
Section 2(o) of the Prevention of Workplace Sexual Harassment Act
7
Section 2(n) of the Prevention of Workplace Sexual Harassment Act
8
Section 3(2) of the Prevention of Workplace Sexual Harassment Act
Employee
The definition of an ‘employee’ under the Prevention of Workplace Sexual
Harassment Act is fairly wide and covers regular, temporary, ad hoc employees,
individuals engaged on daily wage basis, either directly or through an agent, contract
labourers, co-workers, probationers, trainees, and apprentices, with or without the
knowledge of the principal employer, whether for remuneration or not, working on a
voluntary basis or otherwise, whether the terms of employment are express or
implied.9

Workplace
Recognising that sexual harassment of women may not necessarily be limited to the
primary place of employment, the Prevention of Workplace Sexual Harassment Act
has introduced the concept of an ‘extended workplace’. As per the statute,
‘workplace’ includes any place visited by the employee arising out of or during the
course of employment, including transportation provided by the employer for the
purpose of commuting to and from the place of employment.10

Complaints Committee
An important feature of the Prevention of Workplace Sexual Harassment Act is that it
envisages the setting up of grievance redressal forums for both organized and
unorganized sectors.The Prevention of Workplace Sexual Harassment Act requires an
employer to set up an ‘internal complaints committee’ (“ICC”) at each office or
branch, of an organization employing 10 or more employees, to hear and redress
grievances pertaining to sexual harassment.11At the district level, the Government is
required to set up a ‘local complaints committee’ (“LCC”) to investigate and redress
complaints of sexual harassment from the unorganized sector or from establishments
where the ICC has not been constituted on account of the establishment having less
than 10 employees or if the complaint is against the employer.12

9
Section 2(f) of the Prevention of Workplace Sexual Harassment Act
10
Section2(o) of the Prevention of Workplace Sexual Harassment Act
11
Section 4 of the Prevention of Workplace Sexual Harassment Act
12
Section 5 of the Prevention of Workplace Sexual Harassment Act
Interim Reliefs
The ICC/LCC is also empowered to, at the request of the complainant, recommend to
the employer interim measures such as:
i. transfer of the aggrieved woman or the respondent to any other workplace
ii. granting leave to the aggrieved woman up to a period of 3 months in addition to her
regular statutory/ contractual leave entitlement
iii. restrain the respondent from reporting on the work performance of the aggrieved
woman or writing her confidential report, which duties may be transferred to other
employees.

Punishment and Compensation

The statute prescribes the following punishments that may be imposed by an
employer on an employee for indulging in an act of sexual harassment:
i. punishment prescribed under the service rules of the organization;
ii. if the organization does not have service rules, disciplinary action including written
apology, warning, reprimand, censure, withholding of promotion, withholding of pay
rise or increments, terminating the respondent from service, undergoing a counselling
session, or carrying out community service; and
iii. deduction of compensation payable to the aggrieved woman from the wages of the
respondent.13
The statute also envisages payment of compensation to the aggrieved woman. The
compensation payable shall be determined based on:
i. the mental trauma, pain, suffering and emotional distress caused to the aggrieved
employee;
ii. the loss in career opportunity due to the incident of sexual harassment;
iii. medical expenses incurred by the victim for physical/ psychiatric treatment;
iv. the income and status of the alleged perpetrator; and
v. feasibility of such payment in lump sum or in installments.14 In the event that the
respondent fails to pay the aforesaid sum, ICC may forward the order for recovery of
the sum as an arrear of land revenue to the concerned District Officer.

13
Section 13 of the Prevention of Workplace Sexual Harassment Act
14
Section 15 of the Prevention of Workplace Sexual Harassment Act
Frivolous Complaints
In order to ensure that the protections envisaged under the Prevention of Workplace
Sexual Harassment Act are not misused, provisions for action against “false or
malicious” complainants have been included in the statute. The statute provides that if
the ICC/ LCC concludes that the allegation is false or malicious or the complaint has
been made knowing it to be untrue or forged or misleading information has been
provided during the inquiry, disciplinary action in accordance with the service rules of
the organisation can be taken against such complainant. Where the organisation does
not have service rules, the statute provides that disciplinary action such as written
apology, warning, reprimand, censure, withholding of promotion, withholding of pay
rise or increments, terminating the respondent from service, undergoing a counselling
session, or carrying out community service may be taken. The statute further clarifies
that the mere inability to substantiate a complaint or provide adequate proof need not
mean that the complaint is false or malicious.15

Confidentiality
Recognising the sensitivity attached to matters pertaining to sexual harassment, the
Prevention of Workplace Sexual Harassment Act attaches significant importance to
ensuring that the complaint and connected information are kept confidential. The
statute specifically stipulates that information pertaining to workplace sexual
harassment shall not be subject to the provisions of the Right to Information Act,
2005. The statute further prohibits dissemination of the contents of the complaint, the
identity and addresses of the complainant, respondent witnesses, any information
relating to conciliation and inquiry proceedings, recommendations of the ICC/LCC
and the action taken to the public, press and media in any manner. That said, the
statute allows dissemination of information pertaining to the justice that has been
secured to any victim of sexual harassment, without disclosing the name, address,
identity or any other particulars which could result in the identification of the
complainant or the witnesses.16 Disclosure of the justice secured could not only deter
other individuals from engaging in acts of sexual harassment, but also instil in the
minds of employees and public that the employer is serious about providing a safe

15
Section 14 of the Prevention of Workplace Sexual Harassment Act
16
Section 16 of the Prevention of Workplace Sexual Harassment Act
work environment and harbours zero tolerance for any form of sexual harassment at
the workplace.17
Breach of the obligation to maintain confidentiality by a person entrusted with the
duty to handle or deal with the complaint or conduct the inquiry, or make
recommendations or take actions under the statute, is punishable in accordance with
the provisions of the service rules applicable to the said person or where no such
service rules exist, a fine of INR 5,000.18

Consequences of noncompliance
If an employer fails to constitute an ICC or does not comply with the requirements
prescribed under the Prevention of Workplace Sexual Harassment Act, a monetary
penalty of up to INR 50,000 may be imposed. A repetition of the same offence could
result in the punishment being doubled and / or de-registration of the entity or
revocation of any statutory business licenses. It is however unclear as to which
business licenses are being referred to in this case.19 It is also pertinent to note that all
offences under Prevention of Workplace Sexual Harassment Act are
non-cognizable.20

17
Shivangi Prasad and Attreyi Mukherjee, Handbook on the law of Sexual Harassment at Workplace
179 (2015)
18
Section 17 of the Prevention of Workplace Sexual Harassment Act and Rule 12 of the Prevention of
Sexual Harassment Rules
19
Section 26 of the Prevention of Workplace Sexual Harassment Act
20
Section 27 of the Prevention of Workplace Sexual Harassment Act
 EMPLOYER’S DUTIES AND OBLIGATIONS
The Prevention of Workplace Sexual Harassment Act, in addition to requiring an
employer to set up an ICC and ensure redressal of grievances of workplace
harassment in a time bound manner, casts certain obligations upon the employer to,
inter alia,

i. provide a safe working environment;

ii. formulate and widely disseminate an internal policy or charter or resolution or
declaration for prohibition, prevention and redressal of sexual harassment at the
workplace;
iii. display conspicuously at the workplace, the penal consequences of indulging in
acts that may constitute sexual harassment and the composition of the ICC;
iv. declare the names and contact details of all members of the ICC;
v. organize workshops and awareness programmes at regular intervals for
sensitizing employees on the issues and implications of workplace sexual
harassment and organizing orientation programmes for members of the ICC;
vi. provide necessary facilities to the ICC for dealing with the complaint and
conducting an inquiry;
vii. cause to initiate action, under the Indian Penal Code, 1860 (“IPC”) or any other
law in force, against the perpetrator, or if the aggrieved woman so desires, where
the perpetrator is not an employee, in the workplace at which the incident of
sexual harassment took place;
viii. .provide assistance to the aggrieved woman if she so chooses to file a complaint
in relation to the offence under the IPC or any other law for the time being in
force;
ix. treat sexual harassment as a misconduct under the service rules and initiate action
for misconduct;
x. prepare an annual report with details on the number of cases filed and their
disposal and submit the same to the District Officer; xi. monitor the timely
submission of reports by the ICC.
 OTHER LAWS PERTAINING TO SEXUAL HARRASMENT AT
WORKPLACE

Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) is a
central enactment which, inter alia, requires an employer to define and publish
uniform conditions of employment in the form of standing orders. As per the statute,
the standing orders should contain terms of employment including, hours of work,
wage rates, shift working, attendance and late coming, provision for leaves and
holidays and termination or suspension/dismissal of employees. At the first instance,
the Standing Orders Act is applicable to ‘industrial establishments’ employing a
minimum of 100 workmen.21 The Standing Orders Act prescribes Model Standing
Orders, serving as guidelines for employers and in the event that an employer has not
framed and certified its own standing orders, the provisions of the Model Standing
Orders shall be applicable. The Model Standing Orders prescribed under the Industrial
Employment (Standing Orders) Central Rules, 1996 (“Standing Orders Rules”)
prescribe a list of acts constituting ‘misconduct’ and specifically includes sexual
harassment. The Model Standing Orders not only define ‘sexual harassment’ in line
with the definition under the Vishaka Judgment, but also envisages the requirement to
set up a complaints committee for redressal of grievances pertaining to workplace
sexual harassment. It is interesting to note that ‘sexual harassment’ is not limited to
women under the Standing Orders Rules.

Indian Penal Code, 1860

Conduct that may be construed as sexual harassment not only violates the Prevention
of Workplace Sexual Harassment Act, but also could constitute an offence under the
IPC. Listed out below are the key offenses under the IPC that could be triggered in a
case of sexual harassment.

Section 354: Outraging the modesty of a woman Assault or use of criminal force to
any woman, intending to outrage or knowing it to be likely that modesty would be

21
Certain State Governments, such as the Governments of Maharashtra and Karnataka, have enhanced
the scope of the statute and made it applicable to establishments employing 50 or more employees.
Further, in Maharashtra, the Bombay Shops and Establishments Act, 1948 specifically extends the
applicability of the Standing Orders Act to all shops and commercial establishments.
outraged. Punishment is Simple/ Rigorous Imprisonment for a term which shall not be
less than one year but which may extend to five years; and fine.

Section 354-A: Sexual harassment by a man (i) Physical contact and advances
involving unwelcome and explicit sexual overtures; (ii) Demand or request for sexual
favours; (iii) Showing pornography against the will of a woman; or (iv) making
sexually coloured remarks. Offences (i), (ii) and (iii) are punishable with rigorous
imprisonment for a term which may extend to three years, or with fine, or with both.
Offence (iv) is punishable with simple/ rigorous imprisonment for a term which may
extend to one year, or with fine, or with both.

Section 354-B: Assault or use of criminal force to woman with intent to disrobe
Assault or use of criminal force to any woman or abetment of such act with the
intention of disrobing or compelling her to be naked. Simple/Rigorous imprisonment
for a term which shall not be less than three years but which may extend to seven
years, and fine.

Section 354-C (Voyeurism): Watching, or capturing the image of a woman engaging

in a private act in circumstances where she would usually have the expectation of not
being observed either by the perpetrator or by any other person at the behest of the
perpetrator or disseminates such image. First conviction: Simple/ Rigorous
imprisonment for a term which shall not be less than one year, but which may extend
to three years, and fine. Second or subsequent conviction: Simple/ Rigorous
imprisonment for a term which shall not be less than three years, but which may
extend to seven years, and fine.

Section 354-D (Stalking): Following a woman and contacting, or attempting to

contact such woman to foster personal interaction repeatedly despite a clear indication
of disinterest by such woman; or Monitoring the use by a woman of the internet,
email or any other form of electronic communication. First conviction: Simple/
Rigorous imprisonment for a term which may extend to three years, and fine. Second
or subsequent conviction: Simple/ Rigorous imprisonment for a term which may
extend to five years, and fine. Cognizable
Section 509: Insulting the modesty of a woman: Uttering any word, making any sound
or gesture, or exhibiting any object, intending that such word or sound shall be heard,
or that such gesture or object shall be seen, by a woman, with an intention to insult
her modesty, or intruding upon the privacy of such woman. Simple imprisonment for
a term which may extend to three years, and fine.
 THE SEXUAL HARASSMENT ACT: A CRITICAL ANALYSIS
Various sections of society have raised their own concerns and objections towards the
Act, which may or may not be justified from a particular point of view. Accordingly,
some of the major concerns are as follows

The Act is being highly criticized by women rights‟ activists. Unfortunately, it leaves
it up to the internal committee to decide a monetary fine to be paid by the perpetrator,
depending on their income and financial status. Accordingly, a lower level executive
has to pay a lower fine for harassment than a senior executive. This unjustified and
unexplained discriminatory scheme leaves scope for inequality among different
sections of society for an act equally heinous in nature, be it committed by anyone.

The Act does not cover in its scope and ambit a very important community, that are
agricultural workers. The exclusion of armed forces too is an inexplicable gap.
Women working in the armed forces suffer highly from sexual harassment which calls
for their inclusion within the purview of the Act. What needs to be noted is that the
Armed Forces sector is heavily male dominated and that the chain of command is in
the lair of the males. Enquiries are held behind closed doors putting women in the
Armed forces at a disadvantage to begin with. There is no need to exclude such
women from the purview of the Act as no strategic or other interests are affected by
protecting them against sexual harassment at the workplace.

In an era, where the force of the law thrives for creating equal opportunity and
focuses on eliminating discrimination of every kind possible, this particular Act is not
at all gender neutral. The Act provides protection against acts of sexual harassment
only for women and not men. On the other hand, interestingly, various recent studies
and surveys over the last years or so have shown that very often, workplaces also
involve women initiating and engaging in acts of sexual harassment. The research
concluded that with respect to this crime, cities in India are gender neutral and women
are often on the dominating end just like men.

The ambit of definition of word “employee‟ is very wide. It can roughly be

interpreted to include almost any male worker. This is evident by use of words
like, ’any work’, ‘regular’, ‘ad hoc’, ‘temporary’, ‘with contract’, ‘through agent’,
‘without agent’, ‘voluntary basis’ etc. Therefore, this raises a greater possibility of
untrue allegations for malafide reasons and gives a lot of scope for frivolous and
unnecessary litigation.

The existence of free and unmonitored work environment along with coexistence of
liberties to be frank and humorous with each other at workplace is in fact the need of
the hour. This when exercised in limits, leads to improved understandings and work
efficiency. Few examples can be mild sexual humour, unhindered personal level
interactions. All these help in building up ambient relations and allow the opposite
sexes to break the ice and come to terms and understandings which they need to do,
both as matured individuals and professionals. With the reducing trend of gender
exclusiveness at various workplaces, more and more men and women are interacting
with each other at workplaces. This trend has led to an indispensible need to create a
freer and friendly environment for both genders to freely interact and communicate.
Humour within limits, can sometimes be stress reliever. However with the strict
provisions of the new law, it appears as though this easy interaction will get curbed.
With employees being much more careful with their jokes, it will ultimately create a
hostile environment at workplace.

It is certain that many victims will shy away from the publicity, the procedures, the
delay and the harshness in the criminal justice system, this alternative structure and
process is welcome, but needs much alteration. Helping the victims to make informed
choices about the different resolution avenues, providing trained conciliators,
settlement options by way of monetary compensation, an inquisitorial approach by the
Committee, naming the victim by use of words like complainant etc. and not using her
actual name and in-camera trials are some areas of improvement. Apart from this, we
need something else which the legislation cannot provide- the mindset to understand
the fears, compulsions, and pressures on women victims. The legal concept and test of
a “reasonable man” should give right of gender to that of a “reasonable woman” as
well.
 CONCLUSION
India is rapidly advancing in its developmental goals and more and more women are
joining the workforce. It is the duty of the state to provide for the wellbeing and
respect of its citizens to prevent frustration, low self-esteem, insecurity and emotional
disturbance, which, in turn, could affect business efficacy, leading to loss of
production and loss of reputation for the organisation or the employer. In fact, the
recognition of the right to protection against sexual harassment is an intrinsic
component of the protection of women’s human rights. It is also a step towards
providing women independence, equality of opportunity and the right to work with
dignity. In the last 50 years, various international human rights organisations have
been focusing on promoting and protecting women’s rights. The United Nations has
acknowledged that women’s rights are synonymous with human rights. The same was
reiterated in the Beijing Declaration. Most international women’s human rights
movements have raised their voice against abuse and violence perpetrated against
women in general. In 1979, the UN General Assembly adopted the Convention on the
Elimination of all forms of Discrimination Against Women (CEDAW). Areas where
discrimination was found to be rampant include political rights, marriage, family and
employment. The convention emphasised that discrimination and attacks on a
woman’s dignity violated the principle of equality of rights.
In any civilised society, it is the fundamental right of people to be able to lead their
lives with dignity, free from mental or physical torture. To ensure this, transgressors
must pay for their unsolicited sexual advances. At the same time organisations such as
Men Against Violence and Abuse, that conduct gender-sensitisation programmes and
selfdefence classes to combat sexual harassment at the workplace, must be
encouraged. To effectively prevent SHW we need both a top-down initiative by the
state and employers and civil society initiatives from citizens’ groups, women’s
organisations and trade unions.
 REFERENCES

 http://infochangeindia.org/women/analysis/a-brief-history-of-the-battle-against-se
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 https://www.rt.com/news/344995-knesset-sexual-harassment-survey/
 http://www.legalservicesindia.com/article/article/sexual-harassment-of-women-at
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 http://www.curaj.ac.in/PDF/anti%20sexual%20harrassment%20cell/VishakaGuid
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 https://www.icsi.edu/portals/70/workplace.pdf
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http://articles.economictimes.indiatimes.com/2013-12-08/news/44910785_1_onli
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 KNOW YOUR RIGHTS: HOW LAW PROTECTS AGAINST SEXUAL
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http://www.hindustantimes.com/india-news/know-your-rights-how-law-protects-
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 5EVEN MEN AREN’T SAFE FROM SEXUAL HARASSMENT AT
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http://economictimes.indiatimes.com/features/special-report/even-men-arent-safe
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 ARE SEXUAL HARASSMENT LAWS ENOUGH? available at
http://www.mid-day.com/articles/are-sexualharassment-laws-enough/15077056