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The Hon’ble Supreme Court in its order dated 13-08-1997 has passed an order laying down the norms and guide lines to be followed by the employers for tackling the incidents of sexual harassment of women at workplace and other institutions. The guidelines issued by the Supreme Court included setting up of a Complaints Redressal forum in all work places and amendment of the disciplinary / conduct rules governing employees by incorporating the norms and guide-lines.
According to The Hon’ble Supreme Court sexual harassment is any unwelcome sexually determined behavior, such as:-
• Physical contact.
• A demand or request for sexual favors.
• Sexually colored remarks.
• Showing pornography.
• Any other physical, verbal or nonverbal conduct of a sexual nature.
Following are the provisions of Indian Laws with Punishment for this heinous crime against woman.
The Indecent Representation of Women (Prohibition) Act 1987
The provisions of this act can be used in two ways: If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc., containing ‘indecent representation of women. For this act minimum sentence is 2 years and fine. This Act can not be used for sexual harassment case at work place. A hostile working environment type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been Indecent Representation of Women Like if company display pornography on the premises, then company is guilty of offenses under this act.
INDIAN PENAL CODE (IPC)
Section 209 IPC, speaks that if any body does obscene acts and sing songs, to the annoyance of others like: does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place, then the violator shall be Punished with Imprisonment for a term up to 3 months or fine, or both. This is a bailable offence.
Section 354 IPC speaks Assault or use of criminal force on a woman with intent to outrage her modesty. In simple language, is a girl / woman is moving on the road or standing and somebody comes and use force on her or do such act which will outrage her modesty, such offence shall be punishable with 2 years imprisonment or fine, or both. This is a bailable offence.
Section 376 IPC speaks Rape. It is further categorized in sub-sections which explain the definition of rape and categories of rape. For this heinous crime punishment is 10 years or Life Imprisonment with fine. This is non bailable offence.
Section 509 IPC speaks of uttering any word or making any gesture intended to insult the modesty of a woman, and punishment for this crime is imprisonment for 1 year or fine or both, this bailable offence.
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