Author:Vanshika Jain, Teerthankar Mahaveer University
Introduction
Any form of harassment that involves overtly sexual connotations, whether explicit or implicit, such as unwanted and inappropriate promises of incentives in exchange for sexual favours, is referred to as sexual harassment. Sexual harassment can occur anytime and with anywhere. Sexual harassment can occur verbally or physically. A variety of behaviours are classified as sexual harassment, ranging from verbal insults to physical or sexual assault. In a variety of social contexts, including the workplace, the family, the school, and places of worship, harassment can take place. Harassers may be any male or female.
Legal systems of today forbid sexual harassment. Simple teasing, casual remarks, and tiny, isolated incidents are usually not punished because there is no “general civility code” enforced by legislation specific to sexual harassment. It may be illegal for harassment to occur in the workplace if it happens frequently or severely, if it produces an offensive or hostile work environment, or if it results in a negative employment decision (such as the victim being demoted, dismissed, or quitting). Nonetheless, there are cultural variations in how society and the law understand sexual harassment.
Ways of harassment
Sexual harassment can happen in a wide range of settings, including factories, theatres, colleges, schools, and the music industry. The offender frequently has power or influence over the victim, either now or in the future (due to age differences as well as differences in social, political, educational, or professional relationships). Harassment has variety of ways:
Anyone can be the offender: a friend, a stranger, a parent or legal guardian, a relative, a teacher or professor, a student, or a coworker.
Harassment can happen in a variety of settings, including public spaces, workplaces, schools, and colleges.
Harassment can happen whether or not witnesses are present.
It is possible that the offender is not even aware that their actions are objectionable or qualify as sexual harassment. The offender might not even be aware that what they’re doing could be against the law.
Harassment incidents can occur in contexts where the targeted individual is unaware of or unable to comprehend what is going on.
They can also occur one time only.
Harassed individuals may experience negative consequences such as stress, social disengagement, insomnia, food issues, and other health issues.
Both the offender and the victim may be of any gender.
Misunderstandings on the part of the victim or the offender may have led to the incident. These misconceptions may or may not be justified.
Since the invention of the internet, more and more social interactions—including sexual harassment—take place online, in chat rooms and video games, for example.
One study on internet harassment conducted in 2014 by PEW found that 13% of men and 25% of women between the ages of 18 and 24 had experienced sexual harassment online.
How sexual harassment is defined in law
According to the Equality Act of 2010, an individual is considered to have sexually harassed another person if they: Initiate unwelcome sexual conduct; or Cause or result in a situation that injures the other person’s dignity or puts them in a frightening, hostile, demeaning, humiliating, or offensive environment. This unwanted sexual can happen in person, on the phone, text or email, or online.
Sexual harassment also includes wide range of behaviours, such as:
Sexually suggestive remarks or sounds, such as wolf-whistling or catcalling.
Gestures associated with sex.
Angry, provocative, or glaring glances. This may entail giving someone a sideways glance.
“Joke” sexual in nature.
Sexually provocative remarks or innuendos.
Unwelcome flirtation or sexual approaches.
Requesting or requesting sexual favours.
Sending sexually suggestive emails or texts, such as unsolicited “sexts” or “dick pics.”
Adorable content or interactions on social media.
Pressing inquiries concerning someone’s personal or sexual life.
A conversation about one’s own sexual life.
Making remarks on someone’s look, form, or attire.
Conveying rumours about sex.
Remaining near someone.
Projecting sexually suggestive imagery.
Unwanted sexual physical contact, such as bumping into someone or giving them a hug, kiss, or massage.
Mobbing.
Indecent exposure.
upskirting.
Equality Act 2010 defines sexual harassment as a form of unlawful discrimination. This implies that there are specific settings where people are legally shielded from sexual harassment, such as the workplace, public transportation, and educational institutions. Therefore, victims and survivors have the right to take action to find a solution if sexual harassment does occur in these locations. This can entail filing a civil lawsuit or filing a complaint.
When sexual harassment is a crime?
According to section 354 of IPC sexual harassment is a crime.
In England and Wales, many types of sexual harassment are inherently illegal and constitute crimes. Among them are:
stalking
indecent exposure
‘upskirting’
any sexual harassment can involve physical contact.
Other sexual harassment can also break criminal law, depending on the situation. For example, if someone carries out sexual harassment behaviours on more than one occasion that are intended to cause another person alarm or distress, they may be committing the crime of harassment.
In cases of sexual harassment where a crime was committed, the following can happen:
Police can arrest the person who committed the crime. This might include a prison sentence.
Key cases
In India, there are two noteworthy case laws concerning sexual harassment:
1. Vishakha v. State of Rajasthan (1997): As a result of this historic case, the Vishakha Guidelines were developed to address workplace sexual harassment. The Supreme Court of India ruled that, in the absence of relevant legislation, employers have an obligation to prevent and address sexual harassment. These rules should be adhered to. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was enacted in large part because of this case.
2. In the 1999 case Apparel Export Promotion Council v. A.K. Chopra, the Delhi High Court stressed the employer’s duty to create a secure workplace free from sexual harassment. The court decided that companies have to be proactive in stopping and dealing with sexual harassment. This case strengthened India’s legal framework for dealing with workplace sexual harassment.
These cases have played a significant role in influencing the legal environment surrounding sexual harassment in the workplace in India and have helped to build policies and legislation meant to stop and address this kind of behaviour.
Sexual harassment punishment under Indian Penal Code
354A. Sexual harassment and punishment for sexual harassment-
(1) Sexual harassment is defined as any of the following behaviours by a man:
(i) making unwanted and explicit sexual advances through physical contact;
(ii) demanding or requesting sexual favours;
(iii) showing pornography against a woman’s will; or
(iv) making remarks that are sexually suggestive.
(2) A man who violates any of the provisions in clauses (i), (ii), or (iii) of sub-section (1) faces a sentence of rigorous imprisonment, up to a maximum of three years, or a fine, or both.
(3) Any man found guilty of the offense listed in sub-section (1)’s clause (iv) will be sentenced to either type of imprisonment for a maximum term of one year.
Conclusion:
This review of data, research, and experience demonstrates that sexual harassment is still a severe and widespread issue in almost all industrial sectors and workplaces, despite decades of attention, legal action, and advocacy. We discovered that no industry is immune to the negative effects of sexual harassment. Not only does sexual harassment cost businesses money in legal fees, but it also negatively impacts countless victims’ lives, health, financial security, and opportunities.
The relationship between gender and power that exists in almost every economic sector at every level is what sexual harassment is all about. Sexual harassment is by no means restricted to this dynamic, even while the evidence clearly demonstrates that, across all sectors, women of lower status are the most frequently targeted victims of this type of behaviour, which is typically committed by men of greater status.
Especially those who don’t fit the traditional macho stereotype, guys are often the targets of harassment. Women may also harass those who are seen as outsiders, including members of the LGBTQ community and others who identify as gender non-conforming. In other cases, sexual harassment can become so prevalent that people are afraid to report it for fear of losing their jobs or losing their standing at work. As a result, no one recognizes it or speaks out against it. Furthermore, harassment might originate from others, including clients, customers, or patients, as well as from coworkers.
Frequently Asked Question (FAQ)
What should I do if I am sexually harassed and what rules have been made in India regarding sexual harassment?
If you are sexually harassed, the first thing you should do is report it to your organization’s internal complaints committee. You can also file a complaint in any police station near you. To protect this, prevention prohibition and redressal act 2013 has been enacted in India which protects women from sexual harassment. And the person who commits sexual harassment is also punished under IPC section 354.
References
1. https://indiankanoon.org/doc/856194/
2. https://indiankanoon.org/doc/1031794/
4.https://en.m.wikipedia.org/wiki/Sexual_harassment
