SEXUAL HARASSMENT AND LAW

1. SEXUAL HARASSMENT AND LAW WHAT IS SEXUAL HARRASMENT “ASSAULTS OR USES CRIMINAL FORCE TO ANY WOMEN,INTENDING TO OUTRAGE OR KNOWING IT TO(this is a definition under sec 354 IPC)

2. What Is Sexual Harassment? Any unwelcome sexually determined behaviour, such as:-  • Physical contact • A demand or request for sexual favours • Sexually coloured remarks • Showing pornography • Any other physical, verbal or non-verbal conduct of a sexual nature.

3. PLACES OF OF SEXUAL ASSAULT • SEXUAL ASSAULT AT WORK PLACE • SEXUAL ASSAULT AT HOME • SEXUAL ASSAULT IN TRANSPORT • SEXUAL ASSAULT AT HOSPITAL /CARE HOMES/POLICE STATIONS/ REMAND HOMES/PUBLIC TRANSPORT

4. RAPE LAWS(section 376IPC) DEFINITION A man is said to cummit rape, who,except, in the case herein afterexcepted,has sexual intercourse with a women under circumstances falling under any of the six following discription:- First : against her will Secondly: without her consent Thirdly:with her consent, when her consenthas been obtained by putting her or any person in whom she is interested in fear of death por of heart. Fourthly:with her consent,when the man knows that he is not her husband Fifthly: with her consent,when at time of giving consent, by reson of unsoundness of mind or intoxication or the admonistrationby him personall or throughanotherof any stupifying or unwholespmesubstance , she is unable to understand the nature and consiquence of that to which she gives consent Sixthly; With or eithout her consent when she is below the age of sixteen

5. PUNISHMENT UNDER RAPE LAWS • MINIMUM OF SEVEN YEARS UPTO LIFE IMPRESENTMENT. • WHEN APOLICE OFFICER/ DOCTOR OF A HOSPITAL/ CARE TAKER OF REMAND HOME /CARE HOME FOR MENTALY RETARDED PEOPLE OR ANY PERSON UNDER WHOSE CUSTODY THE VICTIM IS PUT UNDER LAW CUMMITS RAPE HE WOULD BE PUNISHED FOR MINIMUM OF TEN YERS OR UPTO LIFE EVEN TO DEATH . • RAPE OF A PREGNANT WOMEN 10 YEARS AND UPTO LIFE. • RAPE OF A MINOR 10 YEARS AND UPTO LIFE • CUMMITS GANGE RAPE WOULD BE PUNISHED FOR MINIMUM 10 YEARS AND UPTO LIFE.

6. WHAT SHOULD BE DONE IN RAPE CASESS • IMMEDIATELY REPORT TO NEAREST POLICE STATION • GIVE A CLEAR AND DETAILED STATEMENT IN FIRST INFORMATION REPORT • GO FOR MEDICAL CHECK UP WITHOUT ANY DELAY • MLC SHOULD BE PREFERABLY DONE BY AGOVERNMENT HOSPITAL • RECORD THE VICTIMS STATEMENT UNDER SEC164 OF CPC. • TAKE A HELP OF A QUALIFIED LAWYER OR SOCIAL WORKER TO MONITER THE PANCHNAMA AND EVIDEVCES SEIVED FROM THE SITE OF CRIME • COUNSEL THE VICTIM TO KEEP HER COOL IT WOULD HELP HER IN BETTER RECORDING OF STATEMENT.

7. IMPORTANT CASES ON RAPE TRAILS • TUKA RAM CASE ( POPULARLY KNOWN AS “MATHURA “ CASE • DELHI DOMESTIC WORKING WOMENS&OTHERS VS UNION OF INDIA • VISHAKHA • RUPAL DEWAL BAJAJ

8. GUIDE LINES FOR RAPE TRAILS BY SUPREEME COURT(Delhi domestic working women's forum versus union of India and others) • THE COMPLAINENTS OF SEXUAL ASSAULT CASESS SHOULD BE PROVIDED WITH LEGAL REPRESENTATION. • LEGAL ASSISTANSE SHOULD BE PROVIDED AT POLICE STATION. • THE POLICE SHOULD BE UNDER A DUTY TO INFORM THE VICTIM HER RIGHT TO REPRESENTATION BEFORE ANY QUESTION WERE ASKED OF HER. • A LIST OF ADVOCATES WILLING TO ACTIN THESE CASES SHOULD BE KEPT AT THE POLICE STATION FOR VICTIMS WHO DID NOT HAVE PERTICULAR LAWYER IN MIND. • ADVOCATES SHALL BE APPOINTED BY THE COURT,UPON APPLICATION BY POLICEAT THE EARLIEST CONVENIENT MOMENT • IN RAPE TRAILS ANONYMITY OF THE VICTIM MUST BE MAINTAINED, AS FAR AS NECESSARY • IT IS NESSERY UNDER ARTICLE 38(1) OF THE CONSTITUTION OF INDIATO SET UP CRIMINAL INJURIES COMPENSATION BOARD. • COMPENSATION TO VICTIMS SHOULD BE AWARDED BY THE COURT ON CONVICTIONOF THE OFFENDER AND BY THE CRIMINAL INJURIES COMPENSATION BOARD WHETHER OR NOT A CONVICTION HAS TAKEN PLACE

9. SEXUAL ASSAULT AT HOME ALL KINDS OF FEMALEM SEXUAL ABUSE CASES AT HOME ARE DELT UNDER 354(IPC) AND 375 (IPC) AFTER PASSING OF NEW LAW “PROTECTION AGAINST DOMESTIC VOILENCE” THESE MATERS WOULD BE DELT IN BETTER WAY.

10. PROTECTION AGAINST DOMESTIC VOILENCE • DOMESTIC VOILENCE CONTAINS ANY FORM OF VOILENCE WETHER IT IS SEXUAL, VERBAL, MENTAL,ECONOMIC, OR ACTUAL HURT OR INJURIES TO BODY, OR THREAT TO BODILY INJURY TO ONE SELF OR TO SOME ONE VICTIM IS ATTACHED TO.

11. WHOM TO COMPLAIN • SECURITY OFFICER • SERVICE PROVIDING ORGANISATION • MAGISTRAIT • POLICE

12. HOW MANY DAYS IT WOULD BE DISPOSED OFF • FIRST DATE WITHIN THREE DAYS OF DISPOSAL WITHIN 60 DAYS OF FIRST HEARING

13. WHAT ORDERS CAN BE OBTAINED • PROTECTION AGAINST VOILENCE (sec.18) • PROTECTION AGAINST ECONOMIC VOILENCE ORDERS (sec.20) • CHILD CUSTUDY ORDERS (sec 21) • CHILDS PROTECTION ORDERS • RIGHT TO RESIDE IN SEPARATE HOUSE ORDER (sec.19)

14. PROTECTION OFFICER AND HIS DUTIES • PROTECTION OFFICER WOULD BE APPOINTED BY GOVERNMENT • SHE WOULD BE PREFERABLY AWOMEN WITH LAW BACKGRAUND AND CONSIDERABLE AMOUNT OF WOMENS ISSUES UNDERSTANDING • SHE WOULD PROCURE ORDERS FROM THE MAGISTRATE . • INSURE THAT THE ORDERS ARE EXECUTED. • HELP VICTIM IS ACSESSING OTHER REHABILATION AND RELIEF SEVICES.

15. SEXUAL HARRASEMENT AT WORK PLACE

16. Unwelcome Physical Contact Any unwelcome act of physical intimacy like: • Grabbing • Brushing • Touching • Pinching • Patting

17. Unwelcome remark with sexual connotations • Obscene or sexually explicit or suggestive remarks, compliments • Threats, innuendoes • Cracking lewd jokes with sexual connotations • Comments about physical appearance • Obscene telephone calls

18. Unwelcome remark with sexual connotations • Obscene or sexually explicit or suggestive remarks, compliments • Threats, innuendoes • Cracking lewd jokes with sexual connotations • Comments about physical appearance • Obscene telephone calls

19. Any other unwelcome conduct of a sexual nature • It could be verbal, or • Even non-verbal gestures/ actions or conduct like staring to make the other person uncomfortable, wolf-whistles, kissing sounds

20. GUIDELINES AND NORMS LAID DOWN BY THE SUPREME COURT INVISHAKA & ORS. V. STATE OF RAJASTHAN & ORS. Reported as:(JT 1997 (7) SC 384)

21. Duty of Employer/ other responsible persons in work places/ other institutions: To take all steps to: Prevent or deter the commission of acts of sexual harassment Provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment

22. Preventive Steps • Express prohibition of SH must be notified, published and circulated • (b) Government/ PSUs Rules/ Regulations for conduct/ discipline must include rules/ regulations prohibiting SH and provide for appropriate penalties against the offender. • (c) Private employers must include prohibitions in the standing orders

23. Preventive Steps (Contd.) Appropriate work conditions to be provided in respect of work, leisure, health and hygiene to ensure that: • No hostile environment towards women at work places and • No employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

24. Preventive Steps • Express prohibition of SH must be notified, published and circulated • (b) Government/ PSUs Rules/ Regulations for conduct/ discipline must include rules/ regulations prohibiting SH and provide for appropriate penalties against the offender. • (c) Private employers must include prohibitions in the standing orders

25. Criminal Proceedings • Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

26. Disciplinary Action • Where such conduct amounts to misconduct in employment as defined by relevant service rules, appropriate disciplinary action should be initiated by the employer under them

27. Complaint Mechanism • The complaint mechanism should provide, where necessary: • A Complaints Committee • A special counselor or • Other support services • There must be strict maintenance of confidentiality

28. Complaint Mechanism • Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the organization for redress of the complaint made by the victim. • Such complaint mechanism should ensure time bound treatment of complaints.

29. Third Party Harassment • Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

30. Complaint Mechanism • Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the organization for redress of the complaint made by the victim. • Such complaint mechanism should ensure time bound treatment of complaints.

31. Victim Protection • The employer should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. • The victim of sexual harassment should have the option to seek transfer of the perpetrator or her own transfer.

32. Applicability of Guidelines • Cover SH by a man towards a woman at workplace • Apply to Government, public and private sectors and even to third party SH • Apply to SH at workplace even when the victim is drawing an honorarium or is in voluntary service • Are legally binding and must be enforced

33. Employer’s responsibilities • Recognise SH as a serious crime • Formulate an anti-SH policy • Set up a Complaints Committee • Make the policy available to all the staff • Discuss the policy with all new employees • Ensure third parties are aware of the policy • Conduct anti-SH awareness training • Prevent & deal with SH at the workplace in all possible ways • Treat the complainant with empathy and protect her from victimization for complaining

34. AEPC v. A.K. Chopra (1999) 1 SCC 759 • Inquiry must proceed on broader possibilities and not get swayed by insignificant discrepancies or narrow technicalities • The entire material must be examined to determine the genuineness of the complaint and statement of the victim must be examined against that

35. Interim order dated 26.4.2004 in Medha Kotwal & Ors. V. Union of India & Ors. • Complaints Committee as envisaged in Vishaka will be deemed to be an inquiry authority for the purposes of Central Civil Services(Conduct) Rules, 1964(hereinafter called CCS Rules)

36. What should sexually harassed employee do? • Not to ignore the SH • Not to blame herself • Talk to others about SH • Maintain a SH notebook • Name or describe the harassment • Create a witness to the harassment • Avoid delay in reporting • File a formal complaint In any case, all employees must ensure that their employer/ organization frames a SH policy and no SH complainant is victimized

37. Benefits of SH policy for the employer • A safe work environment • Improved interpersonal relations • Higher work performance & productivity • Less absenteeism • Retention of valued employees • Increased profitability • Reduction in imposed costs • Enhances public image • Better practice

38. For further information contact: Human Rights Law Network 65, Masjid Road, Jungpura, New Delhi – 110 014 Phones; 91-11-2431 9854/5/6 Fax: 91-11-24324502 E-mail: hrlndel@vsnl.net OR slicdelhi@vsnl.net

39. THANK YOU “LETS TOGETHER WORK FOR A SOCIETY WERE WOMEN CAN LIVE WITHOUT FEAR OF ANY KIND OF VOILENCE” PRESENTED BY KHADIJAH FARUQUI