I.
Indian Penal Code
Section 209, IPC - Obscene
acts and songs - Whoever, to the annoyance of others:
a) does any obscene act
in any public place or
b) sings, recites or utters
any obscene song, ballad or words in or near any public place
shall be punished with
imprisonment of either description for a term which may extend to 3 months
or with fine or both. (Cognizable, bailable and triable offense).
Section 354, IPC - Assault
or criminal force to a woman with the intent to outrage her modesty - 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 may extend to
two years, or with fine or both.
Section
509, IPC
Word, gesture or act intended
to insult the modesty of a woman - 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, or 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 both. (Cognizable and bailable
offense).
Industrial
Disputes Act
Rule 5 Schedule 5 - Cases
can (and have been) argued on the basis of unfair labour practices listed
in this schedule. Such cases can be filed if an employee suffers unfair
dismissal or denial of employment benefits as a consequence of the rejection
of sexual advances. However, this would only be applicable in quid pro
quo cases.
Shehnaz Mudbhatkal vs.
Saudi Arabian Airlines - Shehnaz was subjected to sexual harassment by
her boss in 1985, and dismissed when she complained to higher authorities.
Her case was won in 1996 when the Bombay labour court judged it to have
been a case of unfair dismissal under the Industrial Disputes Act. It ordered
her re-instatement with full back payment, perks and promotions.
Civil suit – can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
The
Indecent Representation of Women (Prohibition) Act (1987)
Although it is not known
to have been used in cases of sexual harassment, the provisions of this
act have the potential to be used in two ways. First, if an individual
harasses another with books, photographs, paintings, films, pamphlets,
packages, etc. containing "indecent representation of women"; they are
liable for a minimum sentence of 2 years.
Second, a "hostile working
environment" type of argument can be made under this act. Section 7 (Offenses
by Companies) – holds companies where there has been "indecent representation
of women" (such as the display of pornography) on the premises guilty of
offenses under this act.
(Cognizable, bailable offense;
with a minimum sentence of 2 years).
V. The Delhi Prohibition of Eve-teasing Bill, 1994
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