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yasaswi gomes (.)     27 April 2023

Workplace harassment

Hi

What is the IPC section to log workplace psysical harassment? How effectively can the police dealwith it?

 

Reg



Learning

 5 Replies

Swarnim Tripathi   28 April 2023

there is s*xual harrasment at workplace act for the such offences and also IPC 354 deals with outraging modesty of women. also refer to nearby sections of the code.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 April 2023

The Act stipulates that aggrieved woman can make written complaint of s*xual harassment at workplace to the ICC or to the LCC (in case a complaint is against the employer), within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of incident

T. Kalaiselvan, Advocate (Advocate)     28 April 2023

In 2013, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, which codifies the Vishaka Guidelines and provides a legal framework for addressing s*xual harassment in the workplace.

In general, any conduct that could interfere with an individual's work performance or create a hostile work environment is forbidden. This is the case even if the offending employee did not mean to be offensive – employees must be sensitive to the feelings of others.

Punishment for s*xual harrassment under section 354-AIPC (1) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) of Section 354 A IPC shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

Bullying implies an intention to harm, intimidate or coerce an act when there is an imbalance of power and the act is a cause for distress and provocation. Bullying may be verbal, physical or mental in nature and a whole spectrum of acts can constitute bullying. 

Criminal intimidation occurs when a person threatens another individual to injury to body, reputation or property, and in turn coerces him/her to do an illegal act or something that he/she would not normally do.

The constant threat of physical harm also prevents them from reporting the abuse to relevant authorities and they are often socially isolated and unable to seek help from any external individual or organization.

 

yasaswi gomes (.)     28 April 2023

No this is not about s*xual harassment. It's about bullying and psysical harassment like causing pain to body

Sudhir Kumar, Advocate (Advocate)     04 May 2023

the section of iPC can be deliberated on knowing the facts.


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