For the petitioners

Issue no. 2

Whether Romesh is liable under the provisions of IPC and SHW(Sexual

Harassment at Workplace Act, 2013)

It is fairly submitted before the Hon’ble court that Romesh is liable to be

held under the following sections which are governed under the Indian
Penal Code and Sexual Harassment at Workplace, Act 2013.

According to (Section 354A IPC), Sexual harassment is the:

 Unwelcome touching or other physical contact
 Asking or demanding sex or any other sexual activity
 Making remarks which are of a sexual nature
 Showing pornographic material which may include videos,
magazines, books etc.
There is a separate law on sexual harassment at workplaces - The Sexual
Harassment of women at workplace (prevention, prohibition and
redressal) Act and Rules 2013  . There are provisions in the main criminal
law (the Indian Penal Code or IPC) which are different from the special
law on sexual harassment:
 The IPC is not limited to sexual harassment at the workplace, but
punishes such harassment done anywhere.
 The IPC makes it possible to file a criminal complaint if you have
been sexually harassed, while the special law gives you the option
of seeking civil remedies and damages, involving your office
administration.
The punishment for the first three kinds of sexual harassment is three
years as compared to the fourth type (making sexually coloured remarks)
which is one year.
Peeping Toms punished
According to Section 354C IPC, it is a crime to look at or capture (say by
means of a photograph or video) a woman going about her private acts,
where she thinks that no one is watching her. This includes a woman:
 using a toilet, or
 who is undressed or in her underwear, or
For the petitioners

 engaged in a sexual act.

The legal term for such acts is voyeurism.
The punishment is jail time of between one and three years along with a
fine. If someone is found guilty of committing the same crime more than
one time, the punishment is jail time of between three and seven years
along with a fine.
What if the woman agrees to have her photo taken?
If the woman agrees to private photos, it is not a crime to take them.
However, if she expects them to remain with only certain people, then
sharing them is a crime. The law makes it clear that the woman has to
expressly consent to both, watching/taking pictures as well as sharing
them, for it to not be an offence.
Example: Naina lets Ajay take a few pictures of her while nude for him to
work on his sketch. Ajay shares those photos with his friends on
Whatsapp. This could amount to a crime under the provision on
voyeurism.
Stalking
According to Section 354D IPC, Stalking is -
 Continuously following a woman or contacting her,
 Either online or in person
 Where she has clearly shown she doesn't want the attention
It is punished by three years for a first offence, and five years for repeat
offences.
The section makes an exception if a person is stalking a woman as part of
a legal duty to do so.
Example: Jeevan is a police officer tracking down a drugs shipment and
has been monitoring emails received by Stuti. This would be covered by
the exception.
The punishment is jail time of up to three years along with a fine. If
someone is found guilty of committing the same crime more than one
time, the punishment is jail time of up to five years along with a fine.
Criminal Law (Amendment) Law 2013 penalises and punishes the
perpetrators of sexual harassment under the following sections of the
Indian Penal Code (IPC): • Section 294: Obscene acts and songs—
whoever, to the annoyance of others: • Section 354: Any man commits to
assault or use of criminal force to woman with intent to outrage her
For the petitioners

modesty or knowing it to be likely that he will thereby outrage her

modesty, shall be punished with imprisonment or fined or both. THE LAW
SAYS... A) Sexual harassment –
1. physical contact and advances involving unwelcome and explicit sexual
overtures
2. demand or request for sexual favours
3. showing pornography against the will of a woman
4. making sexually coloured remarks Punishment: imprisonment which
may extend to three years or with fine or both. 1. does any obscene act in
any public place, or 2. 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 three months, or with
fine, or with both.
B) Using assault or criminal force to a woman with intent to disrobe her.
Punishment: imprisonment for not less than three years which may
extend up to seven years and fine
C) Voyeurism (Any man watching or capturing the image of a woman
engaging in a private act. Punishment: (On first conviction) Imprisonment
for not less than one year which may extend to three years and fine.
(repeated offenders) Imprisonment not less than three years, this may
extend to seven years and fine.
D) Stalking (Any man following a woman and attempting to contact, or
foster personal interaction despite a clear indication of disinterest by her
or monitors the use by a woman of internet, email or any other form of
electronic communication) Punishment: Imprisonment which may extend
up to three years. (repeated offenders) imprisonment may extend to five
years and fine.
• Section 509: uttering any word or making any gesture intended to insult
the modesty of a woman Punishment: imprisonment for three years and
fine. The Sexual Harassment of Women at the Workplace (Prevention,
Prohibition and Redressal) Act 2013 “No woman shall be subjected to
harassment at any workplace, whether public or private, whether the
aggrieved woman is employed there or not.“ Defines sexual harassment
as per (S. 3 (2) of the Sexual Harassment of Women at the Workplace
(Prevention, Prohibition and Redressal) Act 2013 1. Implied or explicit a.
promise of preferential treatment in employment; b. threat of preferential
treatment in employment; c. threat about her present or future
employment status 2. Interference with her work or creating an
intimidating or offensive or hostile work envi ronment for her; 3.
Humiliating treatment likely to affect her health or safety.
For the petitioners

Hence, Romesh will be liable to be held under the Act and should be
prosecuted under the abovementioned sections accordingly.

PRAYER FOR RELIEF

IN THE LIGHT OF THE ARGUMENTS ADVANCED, CASES AND

AUTHORITIES CITED ABOVE, THE PETITIONER HUMBLY REQUESTS THE
HON‟BLE SUPREME COURT OF INDIA, TO ADMIT THE WRIT PETITION,
AND IN SO DOING, ADJUDGE AND DECLARE THAT:

I. That Romesh should be held liable and be punished under the

concerned provisions of IPC and sexual harassment Act
II. That the ICC committee’s report should be quashed
III. That a written apology should be tendered by Romesh and
should also be published.

.. AND PASS ANY OTHER ORDER, DIRECTION OR RELIEF THAT IT MAY

DEEM FIT IN THE BEST INTERESTS OF JUSTICE, FAIRNESS, EQUITY AND
GOOD CONSCIENCE. FOR THIS ACT OF KINDNESS, THE PETITIONER
SHALL DUTY BOUND FOREVER

(Counsel for petitioner)