watch on this -https://www.deevaaanshi.com/2019/08/
June 29, 2019
Writer-Adv priyansh aggarwal
https://www.deevaaanshi.com/2019/05/www.html
https://www.deevaaanshi.com/2019/07/where-am-complaints-file.html
Introduction-
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| remedy for sexual cases. |
What Is Sexual Harassment?
Sexual harassment has been identified as a term which is difficult to define as it involves a range of behaviors. Efforts have been made at both national and international levels to define this term effectively. often, the term is subjected to different interpretations. Some believe that it is better not to mingle with female colleagues so that one does not get embroiled in a sexual harassment complaint. The reality of sexual harassment incidents at the workplace is that there is more to worry about under-reporting, than people misusing the law.
In 1997, in the landmark judgment of Vishaka and others v. State of Rajasthan[1], the Supreme Court of India defined sexual harassment at the workplace, pronounced preventive, prohibitory and redress measures, and gave directives towards a legislative mandate to the guidelines proposed.
Sexual Harassment includes many things:
1. Actual or attempted rape or sexual assault.
2. Unwanted deliberate touching, leaning over, cornering or pinching.
3. Unwanted sexual teasing, jokes, remarks or questions.
4. Whistling at someone.
5. Kissing sounds, howling and smacking lips.
6. Touching an employee’s clothing, hair or body.
7. Touching or rubbing oneself sexually around another person.
Indian Constitution On Sexual Harassment-
Sexual harassment clearly violates the fundamental rights of a women to Equality under Article 14[2] and Article 15[3], her right to life under Article 21[4], and her right to practice any profession and carry on any occupation, trade or business[5], which includes a Right to safe environment free from sexual harassment.
IPC on Sexual Harassment-
In 2013, substantial changes were made in the way sexual harassment was viewed within the criminal justice system in India. The Criminal Law Amendment Act of 2013, which commenced on April 3, 2013, included Section 354A of the Indian Penal Code, 1860 that defined sexual harassment. The India Penal Code, 1860 has also defined the term sexual harassment and related offences and put forth punishments for the same:
· Section 354A- Sexual harassment is: unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favors, showing someone sexual images (pornography) without their consent, and making unwelcome sexual remarks
Punishment: Up to three years in prison, and a fine.
· Section 354B- Forcing a woman to undress.
Punishment: From three to seven years in prison, and a fine.
· Section 354C- Watching or capturing images of a woman without her consent (voyeurism).
Punishment: First conviction – one to three years in prison and a fine. More than conviction–three to seven years in prison and a fine.
· 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 three years in prison and a fine. More than one conviction–up to five years in prison and a fine.
The same definition is given in the law enacted specifically for Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.
On the grounds of gender equality, here are 12 rights an Indian woman holds in India
1. Women have the right to equal pay
According to the provisions listed under the Equal Remuneration Act, enacted with the Power of Article 39(d) of Constitution of India, one cannot be discriminated on the basis of sex when it comes to salary, pay or wages.
Working women have the right to draw an equal salary, as compared to men.
Women are eligible to get an equal pay under the laws of India.
2. Women have the right to dignity and decency
Protected Under Article 20 of Constitution of India.
In an event that the accused is a woman, any medical examination procedure on her must be performed by -- or in the presence of -- another woman.
3. Women have the right against workplace harassment under Section 354 of Indian Penal code
The Sexual Harassment of Women at Workplace Act, gives a female the right to file a complaint against any kind of sexual harassment at her place of work.
Under this act, she can submit a written complaint to an Internal Complaints Committee (ICC) at a branch office within a period of 3 months.
4. Women have a right against domestic violence
Section 498, 498A of the Indian Penal Code protect a women i.e. wife, female live-in partner or a woman living in a household like a mother or a sister from domestic violence (including verbal, economic, emotional and sexual) by the hands of a husband, male live-in partner or relatives.
The accused shall be punished with a non-bailable imprisonment for a term which may extend to three years and shall also be liable to fine.
5. Female sexual assault victims have the right to keep their identity anonymous under section 228A
To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.
6. Women have the right to get free legal aid
Under the Legal Services Authorities Act, female rape victims have the right to get free legal aid or help from the Legal Services Authority who has to arrange a lawyer for her.
7. Women have right not to be arrested at night
Section 46(4) of Code of Criminal Procedure, 1973. Unless there is an exceptional case on the orders of a first class magistrate, a woman cannot be arrested after sunset and before sunrise.
A woman cannot be arrested before sunrise and after sunset.
In addition, the law also states that the police can interrogate a woman at her residence only in the presence of a woman constable and family members or friends.
8. Women have the right to register virtual complaints
The law gives women the provision for filing virtual complaints via e-mail, or writing her complaint and sending it to a police station from a registered postal address.
Further, the SHO sends a police constable to her place to record her complaint.
This is in case a woman is not in a position to physically go to a police station and file a complaint.
9. Women have the right against indecent representation under Section 4 & 6 of Indecent Representation of Women (Prohibition) Act, 1986,
Depiction of a woman's figure (her form or any body part) in any manner that is indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or morals, is a punishable offence.
10. Women have the right against being stalked
Section 354D of the IPC makes way for legal action to be taken against an offender if he/she follows a woman, tries to contact her to foster personal interaction repeatedly despite a clear indication of disinterest; or monitor the use by a woman of the internet, email or any other form of electronic communication.
Stalking, in any form, is a crime.
Moreover under Section 354B women has right to protect and complaint against any assault with intensions or compelling her to undress her without her consent and with force punishable with 7 years of imprisonment
Then women had protection under section 354C against 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 any other person such person shall be punished with jail for three years.
11. Women have a right to Zero FIR
An FIR that can be filed at any police station irrespective of the location where the incident occurred or a specific jurisdiction it comes under, the Zero FIR can later be moved to the Police Station in whose jurisdiction the case falls under.
This ruling was passed by the Supreme Court to save the victim's time and prevent an offender from getting away from any sort. Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013, devised after the December 2012 Nirbahya Case.
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