Provisions for Sexual Harassment : Section 354 A-D in IPC

 Section 354A, Sexual harassment and punishment for sexual harassment –

A man committing any of the following acts-

• physical contact and advances involving unwelcome and explicit
  sexual overtures; or
• a demand or request for sexual favours; or
• showing pornography against the will of a woman; or
• making sexually coloured remarks, shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

In Apparel Export Council v. A.K. Chopra, the accused A.K. Chopra who was the Chairman of the PSU Export Council Sexually assaulted the woman who was his subordinate employee by touching her inappropriately on the pretext of teaching her how to take dictation and molested her in the hostel lift. She pressed the emergency button of the lift to force open the door and foiled the evil design of the accused. She lodged a complaint with the Director Six days later.

The departmental inquiry found Chopra guilty and he was sacked but the Delhi High Court ordered his reinstatement. The Supreme Court, however, held that sympathy in such cases was uncalled for and upheld the removal of Chopra.

354B Assault or use of criminal force to woman with intent to disrobe -Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Section 354-B deals assault or use of criminal force to woman with the intention to disrobe that woman.

Under this section the following kinds of acts are declared to be an offence and are made punishable as such. The acts which amount to an offence under this section are:

(i) assaulting a woman

(ii) using criminal force to any woman

(iii) abetting any of the above acts

(iv) such abetment must be with intention to disrobe woman or compelling her to be naked.

It provides that any man who assaults or uses criminal force to any woman. Any of the above offences shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

354-C. Voyeurism. -Any man who watches, or captures the image of a woman

• engaging in a private act
• In circumstances where she would usually have the expectation of not being observed
•  either by the perpetrator or
•  by any other person at the behest of the perpetrator
• or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Explanation 1. For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.

Explanation 2.-Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Section 354-C deals with the offence of Voyeurism which means being happy or deriving pleasure simply by seeing a scene.

This section provides that any man who watches or captures the image of a woman engaging in a private act commits an offence. It provides that any man who watches or captures the image of a woman engaging in a private act in such circumstances where the woman usually expects that she is not being observed either by the perpetrator or by any other person at the behest of the perpetrator. Even dissemination of such image is made an offence and as such is punishable on first conviction. The punishment provided is imprisonment of either description for a term which shall not be less then one year but which may extend to three years and shall also be liable to fine.

Explanation 1. -The first explanation annexed with section (i.e. section 354-C) defines private act for the purposes of this section. Private act includes an act of watching carried out in a place which in the circumstances would reasonably be expected to provide privacy and where the victims genitals, posterior or breasts are exposed or covered only in underwear, or the victim is using a lavatory or the victim is doing a sexual act that is not of a kind ordinarily done in public. Thus, this section provides punishment for those acts which violate the privacy or private acts of a woman which activities are not ordinarily done in the sight of public.

Explanation 2.– This explanation provides that where the victim gives her consent to capture the images of any act but does not consent to its dissemination to third persons and where such image or act is disseminated such dissemination shall be considered an offence under this section and it shall be punished accordingly under section 354-C of the Code.

354-D. Stalking.-

(1) Any man who-

• follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
• monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking :

Provided that such conduct shall not amount to stalking if the man who pursued it proves that_

• it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
• it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
•  in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Ingredients of Section 354-D. –

The definition of this offence has the following ingredients:

 (1) If a man-

1. follows a woman and contacts or attempts to contact such woman,
2. monitors the use by a woman of the internet, e-mail or any other form of electronic communication,or
3. watches or spies on a person

(2) to foster personal interaction repeatedly

(3) despite a clear indication of disinterest by such woman

So, when despite a clear indication of disinterest by woman, if she is followed by a man either in person or through the electronic medium then he is guilty of the offence of stalking as defined in this section

There are three exception of this section : Section 354 D will not apply If –

• Stalking was done for the the purpose of  preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State, or
• it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
• in the particular circumstances such conduct was reasonable and justified.

Eve Teasing :

Eve teasing can be categorised into five heads :

1. Verbal Eve teasing
2. Physical Eve teasing
3. Psychological harassment
4. Sexual harassment
5. Harassment through some objects

In Vishakha v State of Rajasthan,  the Supreme Court has laid down  certain guidelines on Sexual Harassment.

In Rupan Deol Bajaj vs KPS Gill , the Supreme Court has explained the meaning of modesty in relation to women.

Supreme Court Guideline on Eve Teasing —In the case of  Inspector General of Police v S Samuthiram.

Supreme Court has issued detail Guidelines to prevent Eve Teasing.

1. All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places of worship, etc., so as to monitor and supervise incidents of eve-teasing.
2. There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught.
3. Persons in-charge of the educational institutions, places of worship, cinema theatres, railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women’s Help Centre.
4. Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. Failure to do so should lead to cancellation of the permit to ply.
5. State Governments and Union Territories are directed to establish Women’ Helpline in various cities and towns, so as to curb eve-teasing within three months.
6. Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theatres, parties, beaches, public service vehicles, places of worship, etc.
7. Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.
8. The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing.

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