Women workplace harrasment
Querist :
Anonymous
(Querist) 14 November 2011
This query is : Resolved
What are probable actions which can be taken against superior in case of women workplace harassment
Sankaranarayanan
(Expert) 14 November 2011
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 offences).
-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 offences).
-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.
ajay sethi
(Expert) 14 November 2011
well advised by sankar
Sailesh Kumar Shah
(Expert) 14 November 2011
Mr. Sankar has left no room to say any thing more.
Kirti Kar Tripathi
(Expert) 14 November 2011
Apart from above remedies available under the law. Such acts are amounted to misconducts under the service law on receiving any such complaint the employer is liable to disciplinary action against the delinquent officer.
Rajeev Kumar
(Expert) 14 November 2011
Well replied by mr. Shankar
Querist :
Anonymous
(Querist) 15 November 2011
Thanks a lot Mr. Shankar for your valuable inputs.
