INTRODUCTION

“If you blame the rape victim because her clothes were provocative. You must also
blame the bank that was robbed because its content were provocative.”

Sexual Harassment iniaiworkplace, or otheriprofessionaliorisocialisituation, iinvolving

unwantedisexualiprogressioriobsceneistatements.iSexualiharassmentiisidefinediasiunwelcom
e sexual advances, applicationsifor sexual preferences, and verbal or other physicalibehaviour
of aisexual nature where:

 Conductiisidefined as aiitermioricondition of a person's work, education, living

environmentioriparticipationiin a university community.
 Acceptanceiorirejectioniofisuchiconductiisiusediasiaibasisiorifactoriinidecisions
affecting an individual's employment, education, living environment or participation
in a university community.
 Conductiunreasonably affects aniindividual'siemploymentioriacademiciperformance
orcreatesianiintimidating,hostileiorioffensiveienvironmentiforiemployment,
education, the living environment or the participation of that individual in a university
community.1

In this research project I’ll be also covering about the sexual harassment of men:

Sexualiviolence canioccur to any soul, no matter what your age, sexual orientation or sexual
consciousness. We usually see and see harassment or rape related to women only and this is
why legislation is made only for female victims. But this does not mean that men are away
from evil sexual harassment or rape. Nowadays, men face one in ten concerns. Men and boys
who have been sexually harassed may have many of the same feelings as others who survived
sexual violence, but they face many challenges because of "social ridicule" and
"stereotypical" regarding men's masculinity.

According to Roberta Chinsky Matuson "Many people mistakenly believe that harassment is
limited to women". In addition, the perpetrators of victims use physical strength,
psychological strength or many other emotional restraint tactics. In the workplace, men are

1
K D Gaur, Textbook on Indian Penal Code,2016, ed. 6th
sometimes mentally tormented for the sake of their work. If a man needs a job and has no
other substitute, he, while not willing to accept sexual advances, must accept it from women
or male colleagues. But, these types of brutal incidents not only physically destroy the
victim's body, but they also destroy his soul.

JURISPUDENCE

The said Act was formulated and is based on the commonly known as ‘Vishakha
Guidelines”, Vishakha v. State of Rajasthan.2 The decision of the said case was in regard to
‘Rights of working women against sexual harassment in the workplace’, in which it was
held that working women have rights to gender equality, to work with dignity and to a
working environment safe and protected from sexual harassment or abuse.
The Convention on the Elimination of All forms of Discrimination Against Women, 1979.
(CEDAW) and the Beijing declaration which directs all state parties to take appropriate
measures to prevent discrimination of all forms against women besides taking steps to protect
the honour and dignity of women in loud and clear.The International Covenant on Economic
and Cultural Rights contains several provisions, especially regarding women. Article 7 of the
Covenant recognizes its right to fair working conditions and states that women must not be
sexually harassed at work, which can worsen working conditions. These international
documents impose an obligation on the Indian state to consider the legal aspects of its law,
and courts are required to ensure that the contents of international documents do not sink.

Women have to work out at home, sometimes with family members or alone. It has been
found, when they are working alone, there is possibility of being sexual harassment by male
employee, employer or any other stranger at working place. To meet out with such
circumstances there was no specific law to deal with the problem with the increasing
awareness and emphasis on gender injustice, and also be increasing effort to guard against
such problem, a question was raised before the Hon‘ble Supreme Court in the form of writ
petition for the enforcement of the fundamental rights of working women under Article 14,
19 and 21 of the Constitution in 1997. During the 1990 in a brutal gang rape at the working
place involved a Rajasthan State Government employee who tried to prevent child marriage
as a part of her duties as a worker of women Development Programme. The feudal
patriarchies who were enraged by her (in their words a lonely women from a poor and potter

2
; (1997) 6 SCC 241
community) guts decided to teach her a lesson and raped her repeatedly. After an extremely
humiliating legal battle in Rajasthan High Court the rape survivor did not get justice and the
rapists educated and upper caste affluent men were allowed to go free. This enraged a
women‘s rights group called VISHAKHA that filed a Public Interest Litigation in the
Supreme Court of India asking the court to give certain directions regarding the sexual
harassment that women face at the work place. The aim of filing the Public Interest Litigation
was to focus and to draw attention towards this societal aberration and finding suitable
methods for realization of the true concept of gender equality and too to prevent sexual
harassment of the working women in all work places through judicial process to fill the
vacuum in existing legislation. In the absence of specific legislation there felt urgency for
safeguards by an effective alternative mechanism to fulfil this demand and urgent social need.
The Hon‘ble Supreme Court has evolved a principal by fixing duties of the employer to
protect women workers at working place. The court held in Vishakha V. State of Rajasthan 3
that It shall be the duty of the employer or any other responsible person in work places or
other institution to prevent or detect the commission of acts or sexual harassment by taking
all steps required The court also has laid down the guidelines under Article 141 of the
Constitution to prevent Sexual Harassment of working women in the place of their work until
legislation is enacted for the purpose.

DEFINITION AND MEANING

Sexualiharassment is defined byilaw and includes requests for sexual favours; sexual
advances or other sexual conduct when:

1. Submissioniis either explicitly oriimplicitly aiconditioniaffectingiacademic or

employmentidecisions;
2. The behaviouriisisufficientlyisevereioripervasive as to create an intimidating, hostile
or repugnant environment; or
3. Theibehaviouripersists despiteiobjection by the person to whom the conduct is
directed. The University considers such behaviour, iwhether physical or verbal, to be
a breachiof its standards oficonduct and will seek to prevent such incidents and take
corrective action when sexual harassment occurs.

3
AIR 1997 SUPREME COURT 3011
For Example:

 Unwanted sexual statements: Sexual or "dirty" jokes, comments on physical

motives, spreading rumors about others or evaluating them in relation to sexual
activity or behavior, talking about the sexual activity of others and showing or
disseminating drawings, images and / or sexual data explicit. or written material.
Unwanted sexual statements can be made personally, in writing, in electronic form (e-
mail, instant messaging, blogs, web pages, etc.) and in other ways.
 Unwanted personal attention: Letters, telephone calls, visits, pressure for sexual
favors, pressure for unnecessary personal interaction and pressure for dates where a
sexual/romantic intent appears evident but remains unwanted.
 Unwanted physical or sexual advances: Touching, hugging, kissing, fondling,
touching oneself sexually for others to view, sexual assault, intercourse or other
sexual activity.

Section 354 means assault or criminal act on a woman with the intention of outraging her
modesty. This section does not mention the clear definition and meaning of the word
"modesty", which can sometimes be misleading. Also, there is a gray area between section
376 and section 354. In the past, it has also been reported that women have abused this
section to avenge or satisfy their ego, claiming to inadvertently touch in a crowded place, or
pushing or pulling to be sexual harassment. Therefore, a clear definition of "modesty" is
needed, because the meaning of modesty is not the same for all women. It may differ
depending on their lifestyle, thinking process and other associated factors. Also, in the case of
Rupan Bajaj and K P S Gill, the court said that in the Penal Code there is no definition for
"modesty".

Courts are often based on technicality and, due to the absence of the word "penetration", the
punishment for sexual harassment is only 2 years, while a sexually harassed woman and a
raped woman suffer at the same time, either physically or mentally. It was seen in Girdhar
Gopal v. State Of Punjab & Anr that a pujari took a 9-year-old girl to her home saying she
would "prasad" her, but instead asked that girl to go to bed and take off her clothes, The
pujari himself undressed and sat on the girl. The girl was later saved. But, since she was a
minor, and the pujari were considered pious people, he was charged under article 354, and he
was sentenced to 1 year in prison. Looking at the facts, the pujari deserves a more severe
punishment. Therefore, it is necessary to modify this section. The term "escape from
modesty" must be clearly defined. Also, there should be a clear definition of the word
"modesty" that must be respected. This section should also provide for such penalties, so that
women do not misuse the validity of this provision. The penalties provided for in section 354
should be disallowed. The term of imprisonment of this crime should be flexible and the
gravity of the case should be decided.

Sexual harassment can happen to any soul. As I mentioned earlier in this research project,
sexual harassment can happen even to men, but there is no codified law for this. The
presumption is "men harass women", but today even men are sexually harassed in
workplaces, public places, etc. Sexual harassment should be gender neutral. Even men face
sexual harassment, which causes them depression and anxiety, as society would not accept
such a fact and become a subject for mockery.

In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013, the term Sexual Harassment has been defined under Section 2(n).

RESEARCH QUESTION AND IT’S EXPLANATION

1. What is meant by Outraging the Modesty of Women in Section 354 of IPC?

Section 354, IPC deals with the offence of molestation i.e. assault to woman with
intent to outrage her modesty. This section aims to protect women against any sort of
indecent or filthy behaviour by others which is derogatory to her modesty. This
offence is not just against the individual but also against the society and public
morality. Therefore, if any person uses criminal fore upon a woman with an intention
to outrage the modesty of a woman, he is deemed to be punished with an
imprisonment of not less than one year which may extend upto five years with fine.

It is not specifically defined under IPC that what constitutes an outrage to woman’s
modesty. However, the court has interpreted it in various cases. According to the
Supreme Court, modesty is an attribute associated with female human beings as a
class. Modesty is said to be outraged by such an act of offender which shocks and
recognizes as an insult to female decency and dignity.
 In Rupan Deol Bajaj v. K.P.S. Gill4 The petitioner was an IAS Officer and accused
was DGP, Punjab. The petitioner was invited to a party where the accused was also
present. The accused asked the petitioner to come and sit next to him and when she
went to sit, he pulled the chair closer to him and the petitioner was surprised by this
act and she pulled her chair back to original place and again he pulled the chair closed
to him. The petitioner asked him to leave but he again asked petitioner to accompany
him in a commanding voice. She got apprehended and frightened and immediately
pulled her chair back and turned to get out. At this point, the accused slapped the butt
of the petitioner in the presence of all the guests which was very embarrassing for her.
She filed an FIR against him.

The High Court quashed the FIR and held that the act was covered under Section 95,
IPC.The Supreme Court disagreed with the High Court and held that quashing FIR is
illegal and Section 95, IPC is not at all applicable. The court further added that when
an offence relates to the modesty of women, it could not be trivial under any
circumstance. Therefore, the accused was held liable under Section 354, IPC.

For example, slapping a woman on her butt, asking her for sexual favours, disrobing
her etc.

2. Is Pushing accidently is not outraging modesty of woman under Section 354

IPC?
In the light of the increasing misuse of laws combating crime against women, while
deciding the question that whether any assault or criminal force as under Section 354
IPC was used on the informant with the intent to outrage her modesty, the Court held
that during an altercation, a woman, if touched or pushed accidentally in a wrongful
manner, the same cannot said to be done with an intention to outrage her modesty and
hence, it will not attract the provisions of Section 354 IPC.
In the instant case, owing to an on-going civil dispute between the landlord and the
tenant, a heated exchange took place between the party and the informant, where the
petitioner allegedly pushed the informant from the front touching her. The petitioner,
through his counsel Mr Rajdeep Majumdar, argued that there was no intention on the
part of the petitioner to outrage her modesty and accidental or unintentional touching
of a lady during physical altercation will not come in the Section 354 IPC which was
refuted by the State, represented by Mr Pawan Kr. Gupta and the counsel for the
private opposite party Mr. Iqbal Hussain.

4
2005(6) SCC 161
 The Court observing the Section 354 IPC and Supreme Court decisions
in Vidyadharan v. State of Kerala5and Rupan Deol Bajaj v. Kanwar Pal Singh Gill6
observed that intention must be proved for this offence but intention is not the sole
criteria for conviction as the offence can be committed by a person assaulting or using
criminal force to any woman, if he knows that by such act the modesty of the woman
is likely to be affected. On the basis of the facts and the rulings of the Supreme Court,
the Court found that there is no use of assault or criminal force on the informant
intending to outrage or knowing that it will likely outrage her modesty therefore the
informant may complain for physical harassment. 7
3. What is Overcriminalisation in IPC? And what relation it has with Section 354?

Overcriminalisation occurs when less serious crimes are punished in the same way like
more serious crimes. It is not enough to have a single offence. So in order to avoid
overcriminalisation, crimes should be graded i.e more serious crimes should be
distinguished with less serious crimes. If we look in our penal code we will find some
single offences against women like section 354, section 509, and section 361 etc. In case
of assault or criminal force to women with an intention to outrage her modesty (section
354), a mere push or a mere assault to a women to outrage her modesty finds itself
labelled in the same way as more serious criminal force or assault to woman and the
person who commits such wrong (just a push to outrage her modesty) will get higher
punishment than what he has done. This is an example of overcriminalisation.

CONCLUSION

The section on sexual harassment needs a broader interpretation in the Indian Penal Code,
because our society must take the issue seriously and come with more severe penalties than
those provided in the IPC. Analyzing the definition of sexual harassment, its main elements
are found in section 294 and section 509 of the CPI. We need a broader perspective to
understand sexual harassment and its consequences to create a threat in people's minds so that
they think before they sexually abuse anyone. Some specifications and explanations must be
precise in the section. It is time to tolerate injustice and raise our voice against sexual
harassment. Every soul must be respected.

Sexual harassment is one of the main reasons for people suffering from depression and
anxiety. Also, everyone should understand that they should not allow anyone to sexually
harass them in the name of "part of the job." People should not remain silent, because it gives
the guilty the power to blackmail them and therefore never stops. Sexual harassment is no
less than rape, it should be taken seriously.
5
(2004) 1 SCC 215
6
(1995) 6 SCC 194
7
Sumit Kumar Gupta v. State of West Bengal, CRR 3236 of 2014, decided on 22.04. 2014