Sexual Harassment

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MEANING

Sexual harassment means any of the following acts by a man against a woman:

  1. Making unwelcome physical contact.
  2. Making unwelcome sexual advances.
  3. Making unwelcome sexual gestures.
  4. Asking for sexual favours.
  5. Showing pornography against the woman’s will.
  6. Making sexually coloured comments.

For examples of sexual harassment, see "What You Should Know About Sexual Harassment"

If a man makes unwanted physical contact which sexual suggestions, it amounts to sexual harassment and is a crime. Such sexual overtures/suggestions should be explicit, i.e. clear.

Also see What You Should Know About Sexual Harassment.

If a man makes unwanted physical contact with any woman, with sexual suggestions or intent, it amounts to sexual harassment and is a crime.

Also see What You Should Know About Sexual Harassment.

A man asking a woman for sexual favours, whether in return for something or just by itself, amounts to sexual harassment and is a crime.

Also see What You Should Know About Sexual Harassment .

If a man makes sexually coloured remarks to a woman, whether as a joke or in any other form, despite knowing that such remarks make her uncomfortable, it amounts to sexual harassment and is a crime.

Also see What You Should Know About Sexual Harassment.

    - If a man forces a woman to watch pornographic videos, photos, or any other pornographic content, it amounts to sexual harassment and is a crime.

    - Remember, even if you had given consent to watch the pornographic content initially, you can withdraw your consent at any point of time. It will be considered sexual harassment from the point you withdraw your consent.

    Also see What You Should Know About Sexual Harassment.

Sexually coloured comments can be of any type and of any intensity. What is important is that there should be a sexual angle to the comment. Below are a few examples of what courts have considered as sexually coloured comment:

  1. Remarks about the victim’s older age, calling the victim sexy, asking the victim to leave the job so that he can “pass good time” with younger girls.
  2. Remarks such as calling a female colleague a “heroine” in a sexually suggestive manner
  3. A sexual comment by a professor to his student stating she will get good grades if she accepts his “proposal.”

    Also see What You Should Know About Sexual Harassment.

PUNISHMENT FOR SEXUAL HARASSMENT

The punishment varies based on the type of sexual harassment:

  1. The punishment for unwanted physical contact, sexual advance, sexual gestures, asking for sexual favours, and showing pornography is up to 3 years of imprisonment or fine or both.
  2. The punishment for making sexually coloured remarks is up to 1 year of imprisonment or fine or both.

    Nature of offence:

    Cognizable Bailable

    COMPLAINT AGAINST SEXUAL HARASSMENT:

    Please see What You Should Know About Sexual Harassment and Police Complaint.

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