Sexual Harassment: Criminal law

presentation

Group members:
Archana Gupta
Esha Ghimire
Pratima Saru Magar
Saurav Bajracharya
 Sexual Harassment : Concept
The World Health Organization defines sexual violence as any sexual act, attempt
to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or
otherwise directed against a person’s sexuality using coercion, by any person
regardless of their relationship to the victim, in any setting including but not
limited to home and work.
Sexual harassment includes many things like:
· Actual or attempted rape or sexual assault.
· Unwanted pressure for sexual favors.
· Unwanted deliberate touching, leaning over, cornering, or pinching.
· Unwanted sexual looks or gestures.
· Unwanted letters, telephone calls, or materials of a sexual nature.
· Unwanted pressure for dates.
· Unwanted sexual teasing, jokes, remarks, or questions.
· Whistling at someone.
· Sexual comments.
· Turning work discussions to sexual topics.
· Asking about sexual fantasies, preferences, or history.
 · Personal questions about social or sexual life.
· Sexual comments about a person's clothing, anatomy, or looks.
· Kissing sounds, howling, and smacking lips.
· Telling lies or spreading rumors about a person's personal sex life.
· Neck massage.
. Touching an employee's clothing, hair, or body.
· Hugging, kissing, patting, or stroking.
· Touching or rubbing oneself sexually around another person.
· Standing close or brushing up against a person.
· Looking a person up and down (elevator eyes).
· Sexually suggestive signals.
· Facial expressions, winking, throwing kisses, or licking lips.
· Making sexual gestures with hands or through body movements

VERBAL
· Making sexual comments about a person's body
· Making sexual comments or innuendos
· Turning work discussions to sexual topics
· Telling sexual jokes or stories
life
Asking about sexual fantasies, preferences, or history
· Asking personal questions about social or sexual life
· Making kissing sounds, howling, and smacking lips
· Making sexual comments about a person's clothing, anatomy, or looks
· Repeatedly asking out a person who is not interested
· Telling lies or spreading rumors about a person's personal sex

NON-VERBAL
· Looking a person up and down (Elevator eyes)
· Staring at someone
· Blocking a person's path
· Following the person
· Displaying sexually suggestive visuals
· Making sexual gestures with hands or through body movements
· Making facial expressions such as winking, throwing kisses, or licking lips

PHYSICAL
· Giving a massage around the neck or shoulders
· Touching the person's clothing, hair, or body
· Hugging, kissing, patting, or stroking
· Touching or rubbing oneself sexually around another person
Legal provision
⚫ Section 224 of Muluki Criminal Code 2074 Prohibit sexual
harassment. It state that no person shall commit, or cause to be
commit, sexual harassment to another person. A person shall be
considered to commit sexual harassment if the person holds or touches
or attempts to touch any sensitive organ of, or opens or attempts to
open undergarments of, or obstructs or hinders in any way the wearing
or removing of undergarments of, or takes to any lonely place in an
unusual manner, or gets his or her sexual organ to be touched or held
by, or uses vulgar or similar other words, spoken or written or by
gesture or by way of electronic medium, or shows any pornography to,
or teases or annoys with sexual motive, or behaves in an unusual,
undesirable or indecent manner with, a person who is not his wife or
her husband, without her or his consent, with the motive of having
sexual intercourse with her or him.
⚫ A person who commits the offence shall be liable to a sentence of
imprisonment for a term not exceeding three years and a fine not
exceeding thirty thousand rupees.
Cont.
⚫ Section 225 of Muluki Criminal Code Prohibit child sexual abuse. It state
that no person shall commit, or cause to be commit, child sexual abuse. A person
shall be considered to commit child sexual abuse if the person takes to any lonely
place in an unusual manner, or holds or touches any sexual organ of, gets his or
her sexual organ to be touched or held by, or makes any form of unusual sexual
behavior with, a child, with the motive of having sexual intercourse with the
child.
⚫ A person who commits such offence shall be liable to a sentence of
imprisonment for a term not exceeding three years and a fine not exceeding
thirty thousand rupees.
⚫ Section 132 of The Labor Act, 2017 (2074) Prohibition of sexual harassment:
It state that No person shall commit, or cause to be committed, any such act,
with the exertion of undue influence, as considered to be sexual harassment
under the law in the workplace or in the course of work. The employer may,
depending on the condition and gravity of the act, impose punishment to the
extent of even dismissal from the service on the labour who commits sexual
harassment. Where the employer or chief executive of any enterprise commits
sexual harassment, the trade union, victim or any member of his or her family
may file a complaint in accordance with the law.
Workplace sexual harassment
prevention act 2071
⚫ Sexual Harassment Prevention Act: Define “workplace” as
(a) government entities
(b) entities owned (fully or partly) by government,
(c) corporate bodies or institutions established in accordance with the prevailing laws
(d) any firm, institution or corporate body registered or licensed to carry out any
business, trade, or provide services (together the “Entities”), in the course of
conducting their business.
⚫ Considered to have been sexually assaulted: Acts committed by or caused to be
committed by any person in abuse of his/her position, power or by imposition of any
type of coercion, undue influence, or enticement would constitute sexual
harassment. If a person touches or attempt to touch any part of the body, using or
displaying words, picture, magazines, audio, visual other information technology,
tools, object or materials related to pornography and sexual activity. Displaying or
disclosing obscene or sexual intent by writing speaking or gesture, If offered for
sexual activity
⚫ Not withstanding anything contained in the subsection any action taken in
connection with educational, information, investigation, treatment or prevntion
shall not be deemed to have sexually abused.
Cont..
⚫ Section 12 of the Act provides that any person who has committed
sexual harassment under the Act may be punished with
imprisonment of up to 6 months and fine of up to 50,000.
⚫ The said Section also provides that any employer failing to comply
with the duties and responsibilities imposed by the Act, may be
punished with fine of up to Nepalese Rupees 25,000.
⚫ In case of repeated offence, double the punished provided in the
foregoing may be applicable.
⚫ Person who has committed sexual harassment under the Act shall
provide compensation to the victim for any physical or mental
harm caused, and the actual expenses incurred by the victim in
the course of filing and defending of his/her complaint.
Indian legal provision
⚫  Sexual Harassment of Women At Workplace Act, 2013: It is a legislative act that seeks
to protect women from sexual harassment at their place of work. It can be in many forms.
Like if a senior colleague  demanding sexual favors in exchange for work benefits
promotion or salary hike is an act of sexual harassment under this act. If someone is
charged under this act they will be punished with one to three years of imprisonment or
fine.
⚫  IPC Section 294 (Obscene acts and songs) : Singing lewd songs directed at women in
public spaces is considered sexual harassment under IPC Section 294. The person doing
or the offenders could be jailed up to three months or will be fined or in some cases both. 
This means if any person sings back to a girl in public place is considered as offence.
⚫  IPC Section 354(A) (Sexual harassment and punishment for sexual harassment) :
A man committing any acts like a demand for sexual favors, showing pornography against
women wills, involving unwelcome and explicit tortures and making sexually colored
remarks shall be guilty to the offence of the sexual harassment. The accused can either
face jail ranging its duration from 1-3 years or fine or in some case both can be applied.
Cases

National case:
⚫Decision no 7449 Sarmila Parajuli vs. HMG

International cases:
⚫Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC
384 (Bhanwari Devi Case)
⚫Faragher V City of Boca Raton, No: 97-282, year-
1998
⚫Burlington Industries V Ellerth, No: 97-569, year
1998
Case law in India
Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384 (Bhanwari Devi Case)
⚫ Facts of the Case: This was a landmark case regarding the protection of women against
sexual harassment at workplace. It was the incident of 1992 where a lower caste social
worker for the women’s development program me in Rajasthan named Bhanwari Devi
who was trying to stop a child marriage in her village was allegedly gang-raped by five
men of the upper-class community. She went to the police station to lodge a complaint
against the offenders but no thorough investigation was launched.
⚫ Issue raised: This landmark case raised so many questions in the context of sexual
harassment which take place at a workplace. The Issue raised whether the employer has
any responsibility in cases of sexual harassment by its employee or to its employees at a
workplace?
⚫ What was held: Trial Court where Court acquitted the accused for the reason of lack of
the medical shred of evidence and other reasons. Due to which so many women’s groups
and organizations went for appeal against the judgment. The result of which, a public
interest litigation was filed in the Supreme Court of India on the issue of sexual
harassment at the workplace. This judgment had its basis in so many international
treaties which had not been adopted in the municipal law.
⚫ Supreme Court held that the sexual harassment of a woman at a workplace would be
violation of her fundamental rights of gender equality and right to life and liberty under
Articles 14, 15, 19 and 21 of the Indian Constitution. The court concluded that such Act
would be considered as a violation of women’s human rights.
⚫ “Unwelcome sexually determined behavior & demands from
males employees at workplace, such as: any physical contacts
and advances, sexually colored remarks, showing pornography,
passing lewd comments or gestures, sexual demands by any
means, any rumors/talk at workplace with sexually colored
remarks about a working woman, or spreading rumors about a
woman’s sexual relationship with anybody.”

⚫ So, these guidelines were the first of its type which created for the
gender equality rights of women, which should be free from
harassment in both public and private employment. This judgment led
the Indian Government to enact the Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act, 2013 which
came into force from 9 December 2013. This Act superseded the
Vishaka Guidelines for prevention of sexual harassment introduced by
the Supreme Court of India.
Thank you