Tax India ›› Indian Law ›› Labour Law ›› Sexual Harrasment At Workplace Law ›› Laws Under Which A Case Can Be Filed
Laws Under Which A Case Can Be Filed
Section 209, IPC deals with obscene acts and songs and lays down:
Whoever, to the annoyance of others:
- 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, 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 deals with assault or criminal force to a woman with the intent to outrage her modesty and lays down that:
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 deals with word, gesture or act intended to insult the modesty of a woman and lays down that:
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).
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.
Under the Indecent Representation of Women (Prohibition) Act (1987) 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. Further 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, with a minimum sentence of 2 years.
|
