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CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Sexual
Harassment
In
..
The Workplace
.

By
Sinduja
Amudanath
Sexual harassment is against the law and
it is your right to insist that it will stop.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

It is an unwelcome sexual gesture or
behavior whether directly or indirectly asSexually colored remarks
Physical contact & advances
Showing pornography
A demand or request for sexual favor
Any other unwelcome physical, verbal
/non-verbal conduct being sexual in
nature.
Types of Sexual Harassment
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

There are two type of SH:1. Quid-Pro-Quo
2. Hostile Environment
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Law Favors T he
POwerful

In
But in India, in Haryana
california,Jon
IG of police was
, a high
convicted for sexually
profile
harassing a women and
desiginer is
he was sentenced one and
serving 59half year imprisonment
year jail
and was granted bail
after 6 months.
sentence for
committing
And
rape and
In Punjab DGP was
sexually
convicted for sexually
molesting
harassing a women IAS
women in his
officer and she appealed
field.
in the SC and no justice
was found.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

LANDMARK
JUDGMENT

VISHAKA CASE :A PIL under Art. 21
Vishaka vs. State of
Rajasthan & others.

(AIR, 1997, SC, 3011)
Vishaka was a NGO working for
gender equality.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Vishaka Case
Guidelines
Complain Chart
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com
Target Segments are:
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

• Female employees in :

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

–
–
–
–
–
–

IT and BPO industry
Airlines industry
Entertainment and fashion industry
Health Services
Law field
Sports field.
Judgment based on
VISHAKA
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

K.Chopra’s case, is the first case in which

the Supreme Court applied the law laid
down in Vishaka’s case and upheld the
dismissal of a superior officer of
Apparel Export Promotion Council.

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

He was found guilty of sexual harassment
of a subordinate female employee at
the place of work on the ground that it
violated her fundamental right
guaranteed by Article.21 of the
Constitution. 
INDIAN LAWS

CONSTITUTION LAW

CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

Every incident of sexual harassment of women at
workplace results in violation of the fundamental
rights of women:
· It is the clear violation of the right to equality
(Article 14),
· right against discrimination on basis of sex (Article
15),
· right to practice any profession, occupation or trade
(Article 19(1)(g)
· right to life and liberty (Article 21).

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

It is a clear violation of these rights guaranteed by
the Constitution of India.
CHENNAI

INDIAN PENAL
CODE which deal with
• Sections 209, 292 and 294

3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

•
•
•
•
•

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Obscenity
2. Section 354 deal with Criminal Force or
Assault Intended to Outrage
Modesty
3. Section 375 deals with the offence of
Rape
4. Section 509 deals with Word, Gesture
or Act Intended to Outrage
Modesty of women
INDECENT REPRESENTATION OF
WOMEN (PROHIBITION ) AC T, 1987
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

If an individual harasses another with
books, photographs, paintings, films,
• pamphlets, packages, etc. containing
"indecent representation of women"; he is
liable
• for a minimum sentence of 2 years under
the Indecent Representation of Women
• (Prohibition) Act, 1987.
Section 7 of the Act makes the companies
liable where there has been "indecent
• representation of women" (such as the
display of pornography) on the premises
THE SEXUAL HARASSMENT AT
THE WORKPLACE : Prevention &
Redressal Bill
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

• The Bill recognises the fundamental right of a woman to
gender equality under Article 14 of the Constitution of India
and the right to life and live with dignity under Article 21 of
the Constitution which includes a right to a safe environment
free from sexual harassment.
• It also flows from the international “Convention on the
Elimination of all forms of Discrimination Against Women
(CEDAW)”, ratified by the Government of India, which
recognizes the right to protection from sexual harassment
and the right to work with dignity as universal human rights.
• Once the Bill becomes law it will lay down a uniform
procedure for conducting enquiries into complaints of sexual
harassment across a very wide range of employers including
the government, armed forces, private organized sector as
well as the unorganized sector such as agriculture, domestic
work, construction work and the service industry.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

“Say NO to SEXUAL HARASSMENT
&

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

Dial 1800-222-8888”

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

By
EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Sinduja Amudanathan

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Sexual harassment at work place

  • 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Sexual Harassment In .. The Workplace . By Sinduja Amudanath
  • 2. Sexual harassment is against the law and it is your right to insist that it will stop. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com It is an unwelcome sexual gesture or behavior whether directly or indirectly asSexually colored remarks Physical contact & advances Showing pornography A demand or request for sexual favor Any other unwelcome physical, verbal /non-verbal conduct being sexual in nature.
  • 3. Types of Sexual Harassment CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com There are two type of SH:1. Quid-Pro-Quo 2. Hostile Environment
  • 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Law Favors T he POwerful In But in India, in Haryana california,Jon IG of police was , a high convicted for sexually profile harassing a women and desiginer is he was sentenced one and serving 59half year imprisonment year jail and was granted bail after 6 months. sentence for committing And rape and In Punjab DGP was sexually convicted for sexually molesting harassing a women IAS women in his officer and she appealed field. in the SC and no justice was found.
  • 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com LANDMARK JUDGMENT VISHAKA CASE :A PIL under Art. 21 Vishaka vs. State of Rajasthan & others. (AIR, 1997, SC, 3011) Vishaka was a NGO working for gender equality.
  • 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Vishaka Case Guidelines
  • 7. Complain Chart CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  • 8. Target Segments are: CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • Female employees in : BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – – – – – – IT and BPO industry Airlines industry Entertainment and fashion industry Health Services Law field Sports field.
  • 9. Judgment based on VISHAKA CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 K.Chopra’s case, is the first case in which the Supreme Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer of Apparel Export Promotion Council. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com He was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article.21 of the Constitution. 
  • 10. INDIAN LAWS CONSTITUTION LAW CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Every incident of sexual harassment of women at workplace results in violation of the fundamental rights of women: · It is the clear violation of the right to equality (Article 14), · right against discrimination on basis of sex (Article 15), · right to practice any profession, occupation or trade (Article 19(1)(g) · right to life and liberty (Article 21). EMAIL info@altacit.com WEBSITE www.altacit.com It is a clear violation of these rights guaranteed by the Constitution of India.
  • 11. CHENNAI INDIAN PENAL CODE which deal with • Sections 209, 292 and 294 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • • • • • EMAIL info@altacit.com WEBSITE www.altacit.com Obscenity 2. Section 354 deal with Criminal Force or Assault Intended to Outrage Modesty 3. Section 375 deals with the offence of Rape 4. Section 509 deals with Word, Gesture or Act Intended to Outrage Modesty of women
  • 12. INDECENT REPRESENTATION OF WOMEN (PROHIBITION ) AC T, 1987 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com If an individual harasses another with books, photographs, paintings, films, • pamphlets, packages, etc. containing "indecent representation of women"; he is liable • for a minimum sentence of 2 years under the Indecent Representation of Women • (Prohibition) Act, 1987. Section 7 of the Act makes the companies liable where there has been "indecent • representation of women" (such as the display of pornography) on the premises
  • 13. THE SEXUAL HARASSMENT AT THE WORKPLACE : Prevention & Redressal Bill CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The Bill recognises the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and the right to life and live with dignity under Article 21 of the Constitution which includes a right to a safe environment free from sexual harassment. • It also flows from the international “Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)”, ratified by the Government of India, which recognizes the right to protection from sexual harassment and the right to work with dignity as universal human rights. • Once the Bill becomes law it will lay down a uniform procedure for conducting enquiries into complaints of sexual harassment across a very wide range of employers including the government, armed forces, private organized sector as well as the unorganized sector such as agriculture, domestic work, construction work and the service industry.
  • 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 “Say NO to SEXUAL HARASSMENT & BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Dial 1800-222-8888” COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 By EMAIL info@altacit.com WEBSITE www.altacit.com Sinduja Amudanathan

Editor's Notes

  1. 1.'Quid pro quo- means seeking sexual favours or advances in exchange for work benefits and it occurs when consent to sexually explicit behaviour or speech is made a condition for employment or refusal to comply with a 'request' is met with retaliatory action such as dismissal, demotion, difficult work conditions. 2. 'Hostile working environment-is more pervasive form of sexual harassment involving work conditions or behaviour that make the work environment 'hostile' for the woman to be in. Certain sexist remarks, display of pornography or sexist/obscene graffiti, physical contact/brushing against female employees are some examples of hostile work environment, which are not made conditions for employment.
  2. Anand Jon, fashion designerJon, once a high-flying designer working for the likes of Paris Hilton and Mary J Blige, is currently serving a 59-year jail sentence in California for one count of rape and 15 counts of sexual assault on girls as young as 14. He has yet to stand trial in New York and Texas to face similar allegations. He was convicted in 2008 for allegedly luring young women with promises of modelling work. SPS Rathore, former Haryana inspector general of police Rathore  was convicted in 2009 for molesting 14-year-old Ruchika Girhotra in 1990. After years of harassment by officials, Ruchika committed suicide in 1993. Though he was sentenced to one-and-a-half years in jail, the SC granted him bail after six months in November 2010. KPS Gill, former Punjab director general of policeGill was found guilty of outraging the modesty of Rupan Deol Bajaj, an IAS officer, by a trial court in 1996. She had complained in 1988 that Gill had  made sexual advances at a party where he was allegedly drunk. The conviction was upheld in the Supreme Court in 2005, but he did not serve any jail time.
  3. In its decision in Vishakha v State of Rajasthan (1997) the apex court determined that sexual harassment is not confined to instances of rape or assault.
  4. In absence of any specific law to deal with the offence of sexual harassment, the Indian Penal Code, 1860 is used to punish the offender with respect to the nature of the act committed by him.