- 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 covered remarks, shall be guilty of the offence of sexual harassment.
- Any man who commits the offence specified in clause (i) cl, clause (ii), or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend up to three years or with a fine, or with both.
- Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punishable with imprisonment of either description for a term which may extend to one
year, with a fine, or with both.
Sexual Harassment defined – This term Sexual Harassment includes physical contact, unwelcome sexual overtures, demand or request for sexual favours, showing pornography or sexually coloured remarks. This is mainly bullying or coercion, the genesis of which lies in gender, and thus, minor or mild transgressions in the social system are added as a separate crime. The thought behind it may be that if minor transgressions are not remedied, it can lead to sexual abuse or assault. One may say that simple teasing, offhand comments, etc., is also a crime, and that is true; however, generally, it is about frequent or severe forms that are punished.
Sexual Harassment at the Workplace is also a cause of concern, and there is a separate law that covers that aspect of Sexual Harassment as it creates a hostile or offensive work environment, where a victim must have recourse in civil law so as not to affect her employment opportunities.
Punishments – Any man who commits the offence specified in clause (i), clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years or with a fine, or with both. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term extending to one year, with a fine, or with both.
This crime of Sexual harassment is kept Cognizable, which means that any Police Officer who has been approached with a complaint of Sexual Harassment has to register the crime. Though it is bailable, i.e., the accused can not be arrested by the concerned Police Officer.
The definition [of Sexual Harassment] is extensive but not gender-neutral. The use of either assault or criminal force is not a necessary element of it. Pappu alias Ramnath alias Swarup Vs State of Chattisgarh [2015 CrLJ 351]
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