Sexual Harassment in India, facts, laws, examples and how bollywood has changed our mentality towards it

1. Sexual
Harassment

2. CONTENTS
1) Introduction to Sexual Harassment
2) Facts on Sexual Harassment
3) Laws on Sexual Harassment
4) Men too are Sexually Harassed
5) Prevention of Sexual Harassment
6) How movies affect mentality

3. Introduction
Sexual harassment is bullying or coercion of a
sexual nature, or the unwelcome or inappropriate
promise of rewards in exchange for sexual favours.
In most modern legal contexts, sexual harassment
is illegal.
 It includes a range of actions from mild
transgressions to sexual abuse or sexual assault.

4. There are some common misconceptions about sexual
harassment which are :
1. Touching is required
2. Harassment is motivated by a desire for sex.
3. The person who is directly harassed is the only victim.
4. It needs to occur again and again repeatedly to be
addressed as Sexual Harassment.

5. FACTS ON SEXUAL
HARASSMENT

6. 1. 42% of college women who are raped tell no one
about the assault.
2. 4 out of 5 rape victims subsequently suffer from
chronic physical or psychological conditions.
3. 40% of rape survivors develop sexually transmitted
diseases as a result of sexual assault.
4. Most children are abused by someone they know and
trust: a family member, family friend, or a caretaker.

7. 5. The victim does not have to be of the opposite sex.
6. 85% of child abuse takes place with a family member or friend
in the home.
7. Over a third of women who are raped as minors are also raped
as adults.
8.Campus perpetrators are often serial offenders.

8. INDIA:PROHIBITIONOF SEXUAL
HARASSMENT ATTHE WORKPLACE
Beingin syncwith thenew law
1

9. 3
Indian Law on Sexual Harassment
The
Constitution
of India
1997:
Vishaka
vs. State
of
Rajastha
nThe Sexual
Harassment of
Women at
Workplace
(Prevention,
Prohibitionand
Redressal) Act, 2013
The Indian
PenalCode,
1860
3

10. 4
The Vishaka Judgment - 1997
Supreme Court acknowledged that:
 Sexual harassment is a human rights violation
 Sexual harassment is a violation of the constitutionally
guaranteed fundamental rights:
 Articles 14 and 15: Right to equality
 Article 21: Right to life - to live with dignity
 Article 19(1)(g) - Right to practice any
profession/trade/occupation/business, i.e., a right
to a safe environment free from harassment
 There is a need for guidelines to fill the legislative
vacuum
4

11. 5
The Vishaka Judgment - Guidelines
 Employer’s duty to
 Prevent and prohibit acts of sexual harassment
Article 21: Right to life - to live with dignity
 Redress and resolve grievances pertaining to sexual
harassment
 The Guidelines = Law, until such time a legislative
frame work on the subject is enacted
5

12. 6
The Sexual Harassment of Women at
Workplace(Prevention, Prohibition and Redressal)
Act, 2013
6

13. Internal Complaints
Committee
PresidingOfficer – Seniorwoman employeefrom
the workplace/otheradmin
units/office/organisations.
2 Members – Committedto the cause of
women/experiencein socialwork/legal
knowledge
One member froman NGO/other women’s
organisation/familiarwith issues relatingto
sexualharassment.
ICC
14

14. The Indian Penal Code Provision
Section 509 - Word, gesture or act intended to insult themodesty of a woman
Offence:

utteranceof any word,

makingany sound or gesture

exhibitingany object
With an intentionto intrudeupon theprivacy of such woman
Punishment:Simpleimprisonment up to 3 years + fine
Nature of offence: Cognizable
23

15. Our Analysis
 Noprotectionfor maleemployees
 Noreferenceto protectionfrom‘victimization’
 Constitutionof ICCfor differentoffices
 Externalrepresentationwithin ICC
 Timelinesmaybe unrealistic
 Deterrencedue to employeractionfor falseor maliciouscomplaints
 Abilityto deduct from harasser’s salary
 Absence of monetaryliabilityonthe part of the employer
 Noprotectionfrom other forms of harassment
24

16. SEXUAL HARASSMENT
OF MEN

17. WHO WILL PROTECT
MEN FROM SEXUAL
HARASSMENT ?

18. 1) Britney Spears
2) Ramesh, the cab driver
3) Pankaj Chawda
4) Santosh Rai

19. Prevention
Employer’s responsibilities include :
 Anti-harassment policies
 Promptly investigate and deal with all complaints of harassment.
 provide protection and support for the employees who feel they are being
harassed.
 Take action to eliminate discriminatory jokes, posters, graffiti, e-mails and photos
at the work site.

20. Employee’s responsibilities include :
 obtain and become familiar with the organizations policy on sexual harassment
 be aware of subtle forms of sexual harassment
 if possible, confront the sexual harasser immediately.
 seek confidential advice to develop your personal resolution strategy

21. DO MOVIES PLAY A ROLE IN
THE INCREASE OF SEXUAL
HARASSMENT CASES ?

22. ITEM SONGS

28.  https://www.youtube.com/watch?v=NRbWukCWcrI

29. Bibliography
 https://www.buzzfeed.com/regajha/ways-bollywood-is-contributing-to-rape-culture-in-
india?utm_term=.tnQr8pD4R#.nhKjZ6gGD
 https://en.wikipedia.org/wiki/Sexual_harassment
 www.northwestern.edu