Sexual harassment is unwelcome physical contact and advances, whether or not accompanied by promises or threats.
What Constitutes Sexual Harassment?
- Stalking a person
- Caressing, kissing or fondling someone against that person’s will
- Making sexually suggestive remarks or hints
- Displaying sexist or other offensive pictures, posters, MMS, SMS, WhatsApp or e-mail
- Making offensive remarks or jokes, such as teasing related to a person’s body or appearance
- Creating a hostile, intimidating or offensive work environment to elicit sexual favours
- Abusing authority to threaten a person’s job or undermine performance against sexual favors
- Falsely accusing and undermining a person behind closed doors for sexual favors
- Putting inappropriate questions, suggestions or remarks about a person’s sex life
- Intimidating, threatening, or blackmailing around sexual favours
- Making unwelcome social invitations with sexual overtones (commonly understood as ‘flirting’).
- Making unwelcome physical contact such as touching or pinching
- Invading an individual’s personal space (getting too close, brushing against or cornering)
- Persistently asking a person out, despite being turned down
- Rape.
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What does not Constitutes Sexual Harassment?
Not all offensive behavior amounts to sexual harassment. Any harassment is sexual harassment, only if, it conveys a sexual undertone. Otherwise, it may be punishable under the law, but not as sexual harassment. Some of the examples are as under:
- Physical assault without any sexual connotation but it is Punishable in criminal court.
- Harsh work-related communication, for example, meeting deadlines or quality standards: Not punishable unless it is violating the labour laws of the country.
- Constructive feedback about mistakes made by a person
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Offences under the Indian Penal Code and relevant punishments:
A. Section 354A:
Unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks.
Punishment:
up to 3 years imprisonment and a monetary fine.
B. Section 354B:
Forcing a woman to undress.
Punishment:
3 to 7 years imprisonment and a monetary fine
C. Section 354C:
Watching or capturing images of a woman without her consent (voyeurism).
Punishment:
First conviction – 1 to 3 years imprisonment and a monetary fine.
Subsequent conviction – 3 to 7 years imprisonment and a monetary fine.
D. Section 354D:
Following a woman and contacting her or trying to contact her despite her saying she does not want contact. Monitoring a woman using the internet or any other form of electronic communication (stalking).
Punishment:
First conviction – up to 3 years imprisonment and a monetary fine.
Subsequent conviction – up to 5 years imprisonment and a monetary fine.
E. Section 376:
Rape
Punishment:
Marital Rape - up to 2 years imprisonment or a monetary fine or both
By Public Servant in abuse of his duty, rape of a pregnant woman, rape of a woman under 12 years of age and gang rape - 7 years to Lifetime imprisonment and a monetary fine
F. Section 509:
Insulting the modesty of a woman by saying any word or sound or making any gesture which intrudes on her privacy.
Punishment:
Up to 1 year imprisonment or a monetary fine or both
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How to Report Sexual Harassment?
- In case of any of these offences, the survivor can file a complaint at the nearest police station.
- The complaint can be made orally or by a written letter.
- The complaint should contain a description of each incident with the relevant dates, timings, locations, and the name of the accused (if known).
- The complaint may be made by the survivor, his or her relative, friend, or by any person who has knowledge of the incident and who has the written permission of the survivor to make the complaint.
- There is no requirement to mention a particular Section while filing a complaint; however, do ensure that the First Information Report (FIR) that is recorded by the Police mentions the facts fully, as the charges against the accused are framed on the basis of the FIR and the police investigation.
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