Sexual harassment and rape undermine a woman's physical and mental integrity. The document discusses sexual harassment of working women in India, important court cases related to sexual harassment and rape, laws and statutes, and challenges in implementing justice. It notes that one woman is molested every 26 seconds in India due to issues like family pressure, police attitudes, and social stigma that discourage reporting of crimes. The Vishaka case established guidelines for preventing sexual harassment. While laws have strengthened, biases and narrow interpretations of consent continue to impede justice for victims.

1. SEXUAL HARASSMENT OFSEXUAL HARASSMENT OF
WORKING WOMEN IN INDIAWORKING WOMEN IN INDIA
-By--By-
Dr. G. K. Goswami, IPSDr. G. K. Goswami, IPS
0983882222009838822220
0945440035809454400358

2. Sexual harassment and rape are twoSexual harassment and rape are two
sides of same coin.sides of same coin.
Showcase the power of man toShowcase the power of man to
dominate over women.dominate over women.
Object:Object:
to undermine the integrity of the victim,to undermine the integrity of the victim,
PHYSICALLYPHYSICALLY andand MENTALLYMENTALLY..

3. Justice Ajit Pasayat observation:Justice Ajit Pasayat observation:
““While a murderer destroy the physicalWhile a murderer destroy the physical
frame of the victim, a rapist degrades andframe of the victim, a rapist degrades and
defiles the soul of a helpless female.”defiles the soul of a helpless female.”
Article 21 of Indian constitution:Article 21 of Indian constitution:
Right to life and liberty to men andRight to life and liberty to men and
women both.women both.
Statistics in 1991Statistics in 1991::
one woman molested in every 26one woman molested in every 26
secondsseconds

4. Reasons for non reporting:Reasons for non reporting:
family pressurefamily pressure
police attitudepolice attitude
social stigmasocial stigma
prolonged court trialprolonged court trial
faulty law implementationfaulty law implementation
various corrupt practicesvarious corrupt practices

5. Important cases:Important cases:
 Rupan Deol Bajaj vs. KPS GillRupan Deol Bajaj vs. KPS Gill
In July 1988, he slapped on her posterior in aIn July 1988, he slapped on her posterior in a
dinner official party.dinner official party.
SC fined him 2.5 lacs and 03 months rigorousSC fined him 2.5 lacs and 03 months rigorous
imprisonment u/s 294 and 509 IPC.imprisonment u/s 294 and 509 IPC.
N. Radhabai vs. D. RamchandaranN. Radhabai vs. D. Ramchandaran
She was secretary to Ramachandran, the thanShe was secretary to Ramachandran, the than
Social Minister for State,Social Minister for State,

6. raise her voice against his abuse of girls inraise her voice against his abuse of girls in
welfare institution, he attempted to molestwelfare institution, he attempted to molest
her, she was dismissed.her, she was dismissed.
VISHKA’S case: A PIL under Art. 21VISHKA’S case: A PIL under Art. 21
Vishaka vs. State of Rajasthan & others.Vishaka vs. State of Rajasthan & others.
(AIR, 1997, SC, 3011)(AIR, 1997, SC, 3011)
Vishaka was a NGO working for gender equality.Vishaka was a NGO working for gender equality.

7. First legal attempt to define sexual harassmentFirst legal attempt to define sexual harassment
explicitly.explicitly.
““It is an unwelcome sexual gesture orIt is an unwelcome sexual gesture or
behavior whether directly or indirectly as-behavior whether directly or indirectly as-
Sexually colored remarksSexually colored remarks
Physical contact & advancesPhysical contact & advances
Showing pornographyShowing pornography
A demand or request for sexual favorA demand or request for sexual favor
Any other unwelcome physical, verbal /non-Any other unwelcome physical, verbal /non-
verbal conduct being sexual in nature.verbal conduct being sexual in nature.

8. The immediate cause for filing the PIL wasThe immediate cause for filing the PIL was
the gang rape of social worker ofthe gang rape of social worker of
Rajasthan.Rajasthan.
First case where sexual behavior wasFirst case where sexual behavior was
identified as a separate illegal behavior.identified as a separate illegal behavior.
SC Bench comprises ofSC Bench comprises of
CJICJI Sri JS VermaSri JS Verma
Justice Smt. Sujata ManoharJustice Smt. Sujata Manohar
Justice VN KripalJustice VN Kripal

9. Guidelines issued by Hon’ble SC:Guidelines issued by Hon’ble SC:
Employer whether public/private must takeEmployer whether public/private must take
appropriate steps without prejudice to preventappropriate steps without prejudice to prevent
S.H.S.H.
AWARENESS:AWARENESS:
Types of behavior which constitute SH mustTypes of behavior which constitute SH must
made public, published and circulated inmade public, published and circulated in
appropriate ways by employer.appropriate ways by employer.
The service conduct rules of Govt. & publicThe service conduct rules of Govt. & public
sector must include rules prohibiting SHsector must include rules prohibiting SH
Same must be done in Pvt Sector via StandingSame must be done in Pvt Sector via Standing
Orders under Ind. Employment Act, 1946Orders under Ind. Employment Act, 1946

10. No woman should have reasonableNo woman should have reasonable
ground to believe that she is inground to believe that she is in
disadvantage in connection with herdisadvantage in connection with her
employment.employment.
Violation of conduct, the employer mustViolation of conduct, the employer must
initiate appropriate action In accordanceinitiate appropriate action In accordance
with law, by making a complaint with thewith law, by making a complaint with the
appropriate authority.appropriate authority.
The victim of SH should have the option toThe victim of SH should have the option to
seek transferseek transfer

11. PROCEDURE for filing complaint:PROCEDURE for filing complaint:
Employer must provide a Complaint CommitteeEmployer must provide a Complaint Committee
headed by a womanheaded by a woman
Committee must include an NGO familiar withCommittee must include an NGO familiar with
SHSH
Disposal must be time boundDisposal must be time bound
Maintenance of confidentialityMaintenance of confidentiality
No victimization of victim/witnessNo victimization of victim/witness
Annual Report By Committee to concern Govt.Annual Report By Committee to concern Govt.
Deptt.Deptt.

12. AK Chopra’s CaseAK Chopra’s Case
First time the SC applied the directionFirst time the SC applied the direction
laid down in Vishaka’s Case. And upheldlaid down in Vishaka’s Case. And upheld
the dismissal of delinquent Senior officerthe dismissal of delinquent Senior officer
Beijing Declaration:Beijing Declaration:
Eradication of All forms of DiscriminationEradication of All forms of Discrimination
Against Women, 1979Against Women, 1979

13. Provision Of Indian Penal CodeProvision Of Indian Penal Code
Sect. 294:Sect. 294:
obscene act or song causing annoyance.obscene act or song causing annoyance.
must be on or near to any public place.must be on or near to any public place.
Sect. 509:Sect. 509:
intention to insult the modesty of a woman byintention to insult the modesty of a woman by
the offender bythe offender by
 Uttering any wordUttering any word
 Making any sound or gestureMaking any sound or gesture
 By exhibiting any objectBy exhibiting any object
Sect. 354:Sect. 354:
criminal assault to outraging the modesty of acriminal assault to outraging the modesty of a
woman – use of criminal forcewoman – use of criminal force

14. with the intentionwith the intention
 that such word or sound must be heardthat such word or sound must be heard
by the womanby the woman
 or such gesture or object must be seenor such gesture or object must be seen
by such womanby such woman
 or by intruding upon the privacy of such aor by intruding upon the privacy of such a
womanwoman

15. RAPERAPE
““ The law of Rape is not just a few sentences. It is aThe law of Rape is not just a few sentences. It is a
whole book, which has clearly demarcated chapterswhole book, which has clearly demarcated chapters
and cannot be read selectively. We cannot read theand cannot be read selectively. We cannot read the
Preamble and suddenly reach the last chapter andPreamble and suddenly reach the last chapter and
claim to have understood and applied it.”claim to have understood and applied it.”
-- Kiran Bedi, IPS-- Kiran Bedi, IPS
Tukaram vs. MathuraTukaram vs. Mathura (1978, SC, Cr.LJ, 1864)(1978, SC, Cr.LJ, 1864)
Tukaram and Ganpat two constable raped a tribal girlTukaram and Ganpat two constable raped a tribal girl
Mathura in Chandipur distt., Maharastra.Mathura in Chandipur distt., Maharastra.

16. The girl wasThe girl was labeled as liarlabeled as liar and accused wereand accused were
acquitted on the pretext that she wasacquitted on the pretext that she was ‘habituated to‘habituated to
sexual intercourse’sexual intercourse’ her consent was voluntary, henceher consent was voluntary, hence
under circumstances the intercourse could be provedunder circumstances the intercourse could be proved
not rape.not rape.
However, the Bombay HC set aside the judgmentHowever, the Bombay HC set aside the judgment
and upheld thatand upheld that passive submission due to fear /passive submission due to fear /
serious threats can’t be construed as consent orserious threats can’t be construed as consent or
willing sexual intercourse.willing sexual intercourse.
Further the SC acquitted theFurther the SC acquitted the policemen on thepolicemen on the
pretext that she did not raised the alarm and on visiblepretext that she did not raised the alarm and on visible
marks of injury for strugglemarks of injury for struggle

17. The Criminal Law Amendment Act, 1983The Criminal Law Amendment Act, 1983
Sect. 114-A of Evidence Act, 1882Sect. 114-A of Evidence Act, 1882
If the victim girl states that she did not consentIf the victim girl states that she did not consent
to sexual intercourse, the court shall presumeto sexual intercourse, the court shall presume
that she did not consent.that she did not consent.
Md. Habib vs. StateMd. Habib vs. State (SC,1989, Cr. LJ, 137)(SC,1989, Cr. LJ, 137)
The accused were send scot-free becauseThe accused were send scot-free because
there were on mark of injuries on his genitalthere were on mark of injuries on his genital
part and hence court concluded no resistance.part and hence court concluded no resistance.

18. Banwari Devi Case:Banwari Devi Case:
court said that victim beingcourt said that victim being ‘dalit’‘dalit’ can’t be rapedcan’t be raped
by the accused belongs to higher caste- ‘whoby the accused belongs to higher caste- ‘who
would not stoop to sexual relations with a dalit.’would not stoop to sexual relations with a dalit.’
Casteist approachCasteist approach
Ernakulam, Kerla case:Ernakulam, Kerla case:
Kerla HC observed that “Kerla HC observed that “ It is improbable toIt is improbable to
believe that a man who desired sex onbelieve that a man who desired sex on
payment would go to a reluctant woman”payment would go to a reluctant woman”
Hence acquitted the accused.Hence acquitted the accused.

19. State of Punjab vs. Gurmit SinghState of Punjab vs. Gurmit Singh
(1998, SCC, 384)(1998, SCC, 384)
SC advised lower courts thatSC advised lower courts that “Even if the victim“Even if the victim
girl is habituated to the sexual intercourse, thegirl is habituated to the sexual intercourse, the
court should not describe the victim to be ofcourt should not describe the victim to be of
loose character.”loose character.”
State of Maharastra vs. Madhukar N. MardikarState of Maharastra vs. Madhukar N. Mardikar
(1991, SCC, 57)(1991, SCC, 57)
SC held that “SC held that “ the unchastity of a woman doesthe unchastity of a woman does
not make her open to any and every person tonot make her open to any and every person to
violate her person as and when he wishes ….violate her person as and when he wishes ….
merely because she is of easy virtue, hermerely because she is of easy virtue, her
evidence can’t be thrown overboard ”evidence can’t be thrown overboard ”

20. Bandit Queen CaseBandit Queen Case
(Bobby Art Int. vs. Om Pal Singh Hoon, 1996, SCC)(Bobby Art Int. vs. Om Pal Singh Hoon, 1996, SCC)
tragic story of Phoolan Devi who was exposed from antragic story of Phoolan Devi who was exposed from an
early age to the lust and brutality of some men, paradeearly age to the lust and brutality of some men, parade
naked. Later converted into bandit queen.naked. Later converted into bandit queen.
-APATHY OF THE SOCIETY-APATHY OF THE SOCIETY
CRB vs. Chandrima DasCRB vs. Chandrima Das
(AIR, 2000, SC,988) Writ under Art. 226(AIR, 2000, SC,988) Writ under Art. 226
Smt. Hanufa Khatoon- a Bangladeshi nationalist, wasSmt. Hanufa Khatoon- a Bangladeshi nationalist, was
raped at the Hawrah Railway by railway security men.raped at the Hawrah Railway by railway security men.
HC awarded 10 lac compensation to victimHC awarded 10 lac compensation to victim

21. Appeal to SC:Appeal to SC:
1- Railway was not liable to pay compensation1- Railway was not liable to pay compensation
to a foreignerto a foreigner
2- Compensation is matter of civil court2- Compensation is matter of civil court
3- writ jurisdiction to Indian citizen only3- writ jurisdiction to Indian citizen only
Judgement:Judgement:
Violation of fundamental rights Article 21Violation of fundamental rights Article 21
irrespective of Nationality.irrespective of Nationality.
Two grounds:Two grounds:
 Domestic JurisprudenceDomestic Jurisprudence
 Human Rights JurisprudenceHuman Rights Jurisprudence

22. Rape constitutes by-Rape constitutes by-
Sexual intercourseSexual intercourse againstagainst the victims willthe victims will
WithoutWithout her consenther consent
Consent putting her or a person of her interestConsent putting her or a person of her interest
underunder fear of death or hurtfear of death or hurt
with consent whenwith consent when man knowsman knows he is not herhe is not her
husbandhusband
Consent underConsent under intoxication, unsound mindintoxication, unsound mind,,
does not understand the consequence of herdoes not understand the consequence of her
consentconsent
Consent has no meaning if she isConsent has no meaning if she is below 17below 17
yrsyrs. of age. of age

23. Criminal Law Amendment Act, 1983:Criminal Law Amendment Act, 1983:
S. 376(A): sexual intercourse with wife without herS. 376(A): sexual intercourse with wife without her
consentconsent
S. 376(B): sexual intercourse byS. 376(B): sexual intercourse by a public servanta public servant with awith a
woman under his custodywoman under his custody
S. 376(C ): by superintendent of jail, remand home, etcS. 376(C ): by superintendent of jail, remand home, etc
S. 376(D): by member of management or staff of aS. 376(D): by member of management or staff of a
hospitalhospital

24. Impediments to Justice:Impediments to Justice:
Females are more vulnerable for sexualFemales are more vulnerable for sexual
harassment byharassment by
Close and distant relative, friendClose and distant relative, friend
Priyadarshini Mattoo case, Naina Sahini casePriyadarshini Mattoo case, Naina Sahini case
(Tandoor Tragedy), etc(Tandoor Tragedy), etc
By doctorsBy doctors
By presidential guardsBy presidential guards
In police custodyIn police custody
In remand homesIn remand homes
Servants as victim and accusedServants as victim and accused
Work place- school, labs, single woman etc.Work place- school, labs, single woman etc.

25. Rape definition does not recognizes:-Rape definition does not recognizes:-
forced penetration of objects and parts of the bodyforced penetration of objects and parts of the body
into the vagina and anusinto the vagina and anus
forced oral or anal intercourseforced oral or anal intercourse
Does not recognize marital rape, protracted sexualDoes not recognize marital rape, protracted sexual
assault by relativesassault by relatives
In case of child rape penetration by fingers, objectIn case of child rape penetration by fingers, object
or oral or anal sex not considered as rapeor oral or anal sex not considered as rape
S. 155(4) Evi. Act: It allow the victim to beS. 155(4) Evi. Act: It allow the victim to be
questioned of her past sexual history- which thequestioned of her past sexual history- which the
defense uses to humiliate the victim in thedefense uses to humiliate the victim in the
Courtroom.Courtroom.
Insensitivity in handling the mentally shatteredInsensitivity in handling the mentally shattered
victim, non registration of FIR, poor quality ofvictim, non registration of FIR, poor quality of
investigationinvestigation

26. Open court trial-Open court trial- ‘‘DaminiDamini Movie’Movie’
Prolonged trialProlonged trial
Justice Krishna Iyer remark in Rafique caseJustice Krishna Iyer remark in Rafique case
““ When a woman is ravished, what is inflictedWhen a woman is ravished, what is inflicted
is not mere physical injury but the deepis not mere physical injury but the deep
sense of someone deathless shame…sense of someone deathless shame…
judicial response to Human Rights cannot bejudicial response to Human Rights cannot be
blunted by legal bigotry”blunted by legal bigotry”
NEED:NEED:
co-operative victim, professionalco-operative victim, professional
investigation, expeditious trialinvestigation, expeditious trial

27. SC Guidelines in Rape cases:-SC Guidelines in Rape cases:-
Psychiatric consultation or medical assistancePsychiatric consultation or medical assistance
to victimto victim
Legal assistanceLegal assistance
Provide lawyer free of costProvide lawyer free of cost
Police should be under duty to inform victimPolice should be under duty to inform victim
about her legal rightsabout her legal rights
Anonymity of victim must be maintainedAnonymity of victim must be maintained
Compensation for victimCompensation for victim
Why not death penalty to Rapist?Why not death penalty to Rapist?