Sexual Harassment of Women in the Workplace Lina Acca Mathew, Assistant Professor, Government Law Colleges Kerala

A man committing any of the following acts-  physical contact and advances involving unwelcome and explicit sexual overtures; or  a demand or request for sexual favours; or  showing pornography against the will of a woman; or  making sexually coloured remarks, shall be guilty of the offence of sexual harassment.  The first three offences of sexual harassment carry punishment of rigorous imprisonment for a term which may extend to three years, or with fine, or with both.  The last offence of sexual harassment carries punishment of imprisonment of either description for a term which may extend to one year, or with fine, or with both. Section 354A IPC - ‘Sexual harassment’

 any information that is grossly offensive or has menacing character or  any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device, or  any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages  Punishment: imprisonment for a term which may extend to three years and with fine. Sending offensive messages through a computer resource or communications device (Section 66A, Information Technology Act)

 Any man who- follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, or any other form of electronic communication, commits the offence of stalking: Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; Section 354D IPC- ‘Stalking’

 Any man who watches, or captures 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 shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine,  “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear, or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.  Where the victim consents to the capture of the images or any act but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. Section 354C IPC -‘Voyeurism’.

Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees Section 67, Information Technology Act : Punishment for publishing or transmitting obscene material in electronic form

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees. Section 67A, Information Technology Act: material containing sexually explicit act, etc. in electronic form

 Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. Section 354 IPC

 Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, of that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Section 509, IPC

 Vulnerable targets- Loneliness is a prime cause as many female staff live away from family and work for long hours.  Most of harassment issues remain unreported due to the shame involved and hesitation and shyness of the victim and her fear of defamation of family’s name. Reasons for Workplace Sexual Harassment

 Regular, temporary, ad hoc, daily wages employees and persons who are working on a voluntary basis, ie, without remuneration Sexual Harassment of Women at the Workplace Act (Prevention, Prohibition and Redressal) Act 2013 Employee

 ‘Workplace’- definition  Any governmental institution or local authority, cooperative society etc  Any private organisation, NGO, service provider etc  Hospital or nursing home  Any sports institute, stadium, games venue for training etc  Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking the journey  A dwelling place or a house Sexual Harassment of Women at the Workplace Act (Prevention, Prohibition and Redressal) Act 2013

 Unwelcome acts or behaviour (either directly or by implication) by  Physical contact or advances  A demand or request for sexual favours  Making sexually coloured remarks  Showing pornography  Any other physical, verbal or non-verbal conduct of sexual nature ‘Sexual Harassment’- Definition

 Implied or explicit promise of preferential treatment in her employment  Implied or explicit threat of detrimental treatment in her employment  Implied or explicit threat about her present or future employment status  Interference with her work or creating an intimidating or offensive or hostile work environment for her  Humiliating treatment likely to affect her health or safety

 A Presiding Officer who shall be a woman employee from the senior level of employees  At least two members from among the employees who have commitment towards the cause of women or who have experience in social work or who have legal knowledge  One person from a person who is familiar with issues relating to sexual harassment from an NGO or other association  At least one half of the Committee shall be women.  Term of office of this Committee is upto three years Internal Complaints Committee

 The aggrieved woman should file a written complaint before the Internal Complaints Committee within a period of three months.  In any inquiry, a minimum of three members including Presiding Offier  Inquiry shall be completed within 90 days. Procedure to file a complaint

 The Internal Complaints Committee shall try to reconcile the matter at the request of the woman.  No monetary settlement shall be the basis for conciliation  Upon completion of inquiry, report to be submitted to employer within 10 days.  Report to be submitted by the Committee to employer to take action according to service rules and deduct from salary of respondent the sum to be paid to the woman or her heirs.  Employer to take action within 60 days.  False complaint will cause penalty on complainant.

The Internal Complaints Committee may recommend upon written request from aggrieved woman  To transfer the respondent or the aggrieved woman to another workplace  To grant leave for three months to the aggrieved woman  To grant any other relief to the woman as may be prescribed Reliefs during pendency of the inquiry

 The Internal Complaints Committee shall recommend to the employer to take any action including a written apology, warning, reprimand or censure, withholding of promotion, terminating the respondent from service or undergoing a counseling session or carrying out community service. Remedy

 Attitude of the victim  Patriarchal society  Fear of revealing past history  Privacy issues  Preconceived notions about police and the criminal justice system Why does law fail?

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