Law and You > Criminal Laws > Indian Penal Code > Sexual Harassment, Disrobing, Voyeurism, and Stalking (S. 354A to 354D IPC)
Offenses against women encompass a wide range of actions that are specifically targeted at women or disproportionately affect them. Efforts to address offenses against women require a multifaceted approach, including legal protections, education and awareness-raising initiatives, support services for survivors, empowerment programs, and efforts to challenge harmful gender norms and stereotypes. It’s essential to recognize and address the systemic factors that contribute to gender-based violence and discrimination in order to create safer and more equitable societies for all. In this article let us discuss one such offence ‘Sexual Harassment’. Sexual harassment is not sexual interaction, flirtation, attraction or friendship. It is not mutual, consensual, reciprocated and welcome. It hurts, it disturbs and it degrades. Sexual harassment is a crime against women and girls.
Section 354A IPC:
Sexual Harassment and Punishment for Sexual Harassment:
(1) A man committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) 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.
Section 354A of the IPC is designed to protect women from sexual harassment. Mostly, the laws in India are enacted equally for men and women. However, women are seen to be more vulnerable with certain kinds of crimes such as sexual harassment, rape, dowry, etc.
If a person tries to touch a woman inappropriately, or makes unwelcome physical advances, or shows pornography against the woman’s will, etc. then such an individual can be accused / held guilty / punished for sexual harassment or molestation under Section 354A IPC.
What Does Sexual Harassment Include?
- Unwanted touching, hugging or kissing.
- Staring, leering, whistling, winking.
- Sexually offensive gestures such as deliberate brushing or stroking private parts, smacking lips, elevator eyes, pinching.
- Sexually suggestive, intrusive, explicit and lewd comments, questions, words, songs or sexual remarks on women’s body, clothes, anatomy, sexuality.
- Indecent exposure/flashing of private parts, masturbating in public causing annoyance or harassment to women.
- Invading personal space and privacy through actions such as cornering, peeping, breathing down one’s neck.
- Exposing deliberately/forcibly to sexually explicit internet sites, pornographic films, photographs, text, graffiti, jokes or/ and cartoons.
- Sexually explicit telephone calls, emails, SMS, MMS, letters, cards, posters, gifts.
- Unwanted invites for ‘dates’, inducing or seducing women to have sex or soliciting for sexual favors.
- Stalking (spying, attempting to contact physically or electronically in spite of disinterest).
- Disrobing or compelling a woman to be naked.
- Voyeurism (Watching, capturing and / or circulating pictures and / or film of a woman engaged in private act)
- Insulting the dignity of women through any kind of action, utterances, comments, songs, etc.
- Disrobing or compelling a woman to be naked.
- Voyeurism (Watching, capturing and / or circulating pictures and / or film of a woman engaged in private act)
- Insulting the dignity of women through any kind of action, utterances, comments, songs, etc.
Punishment:
Under this section, the guilty person gets punishment in two ways, depending upon the kind of sexual harassment.
If the person makes physical contact and advances, or if he demands sexual favours, or if he shows porn against the woman’s will, then he shall be punished with rigorous imprisonment which may extend to 3 years or fine or both.
If a man is guilty of making sexually coloured remarks, then he shall be punished with imprisonment up to 1 year or with a fine or both.
Classification of Offence:
The offence under this Section is cognizable, bailable, non-compoundable and is triable by any Magistrate.
In Vishakha v. State of Rajasthan, AIR 1997 SC 3011 case, the Supreme Court laid down complete guidelines with regard to sexual harassment at workplace and it was held that offence related to outraging modesty of women cannot be taken as a trivial offence. The guidelines which were being laid down by the Supreme Court got statutory recognition thereby making an enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
In State of Himachal Pradesh v. Prem Singh, AIR 2009 SC 1010 case, the Court held that if a woman has clearly refused someone for the sexual advances and she has been met with threats to harm her physically or her reputation is being threatened to be harmed or the property, this creates the offence under Section 503 of IPC leading to punishment of two years imprisonment or fine or both. If any individual morphs the pictures of a woman and shares the same with the intention to harass her and defame her, it makes an offence under Section 499 of Indian Penal Code with imprisonment if up to two years or fine or both. In 2019.
Sexual Harassment at Work Place:
Vishakha v. State of Rajasthan case Guidelines
Bhanwari Devi, a dalit government employee who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme was raped by the landlords of the community. The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free. ‘Vishakha’, a women’s rights group filed a public interest litigation in the Supreme Court of India. This case brought to the attention of the Supreme Court of India, “the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all work places.” The Supreme Court gave guidelines for protection of women from sexual harassment of women at work place. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue.
Vishakha Case Guidelines:
The main ingredients of the guidelines issued by the Hon’ble Supreme Court of India are elucidated as follows.
Definition of Sexual Harassment:
The guideline defines sexual harassment as an unwanted sexual determination which is directly or impliedly intended to cause the following:
- Physical contact or advances.
- A demand or request for sexual favours.
- Sexually coloured remarks.
- Showing pornography.
- Any other unwelcome conduct whether it is physical, verbal or non-verbal.
Provide a Safer Working Environment:
It is the duty of each employer to provide a safe working environment for each and every employee working in the organisation to grow and prosper. This involves taking adequate steps towards protecting the interest of the women employees and ensuring that none of the employees indulges in the practice of sexual harassment. Appropriate disciplinary action must be taken by the employer if any case regarding sexual harassment or ill-treatment of a woman employee is found.
Duty of the Employer to File a Complaint:
The guidelines also lay down the obligation of the employer to file a complaint if the conduct towards an employee amounts to a criminal offence which is punishable under the Indian Penal Code. The employer needs to initiate an action and ensure that the witnesses are not further victimised.
Setting Up of Complaint Redressal Committee:
The guidelines make it mandatory for all organisations to set up a complaint redressal committee in order to ensure that the complaints of the employees are dealt with properly and suitable action is taken in response to such a complaint.
Employer to Assist the Employee if she is Sexually Harassed:
If the employee is sexually harassed or tortured by a third party, like in the case of Bhanwari Devi, an employer should assist the employee in every possible manner. The guidelines provide that the employers are required to assist the employees in terms of both preventive actions and support to these victims.
Duty of Employer to Spread Awareness:
It is also the duty of the employer to spread awareness in his organisation with regard to the matters pertaining to sexual harassment and the safety of women. This can be done by notifying the employees time as well as conducting workshops and devising other interactive ways to make the female employees aware of their rights.
Duty of Government to Widen the Scope of These Guidelines:
The guidelines also urge the centre and the state government to pass the necessary legislation so as to ensure that the private sector is also bound by these guidelines. This would help in the growth and prosperity of the women as well as the nation as a whole.
The Vishaka guidelines were later on replaced by the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013. The new act passed in 2013 broadens the definition of aggrieved women to involve women of all ages, in order to suit the modern-day conditions. It also broadens the scope of the term workplace which was earlier limited only to the traditional office set-up.
Offence of Disrobing Woman:
Section 354B IPC:
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.
Ingredients of Section 354B:
- A man should be the accused who is committing the assault.
- There should be the use of criminal force or abetment or assault of any such act.
- The intention of disrobing or compelling the victim (woman) to be naked.
The offence of intent to disrobe a woman is being made out in the Section 354B of IPC wherein it has been stated that if any man assaults or uses the criminal force to any woman or makes the abetment of such act with an intention of disrobing the woman or with intention to compel her to become naked is liable for the punishment.
The intention of the legislature was to make such act an offence as it thinks in its wisdom that such instances and acts of stripping a woman off her clothes is utterly disgraceful, embarrassing and are of mortifying position. Moreover, such cases do not require any direct and physical touch.
Punishment:
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.
Classification of Offence:
The offence under this Section is cognizable, non-bailable, non-compoundable and is triable by any Magistrate.
Offence of Voyeurism:
The origin of the word “voyeurism” is voyeur, which is a French word meaning “one who looks.” Voyeurism is a sexual deviance that involves observing others without their consent. It is a behaviour that is often associated with a lack of empathy and respect for the privacy and autonomy of others. Voyeurism is a widespread problem across the world. The social, cultural, and legal factors that contribute to voyeurism are complex and multifaceted. Voyeurism refers to the act of observing someone, particularly their intimate moments, without their consent. It is a form of non-consensual invasion of privacy and has been recognized as a serious issue worldwide. In India, voyeurism is a gender-specific issue that predominantly affects women. It can involve peeping through windows, using hidden cameras, or spying on others without their consent.
While voyeurism may seem harmless to some, it can have serious legal and ethical implications, as it often violates the privacy and dignity of the individuals being observed. The impact of voyeurism on its victims is severe. Victims of voyeurism often experience anxiety, depression, and post-traumatic stress disorder (PTSD). They may feel violated, humiliated, and ashamed, leading to a loss of confidence and self-esteem. The effects can be long-lasting, affecting their relationships and quality of life.
In many jurisdictions, voyeurism is considered a criminal offense, and individuals caught engaging in voyeuristic behaviour may face legal consequences such as fines, imprisonment, or being required to register as sex offenders. Voyeurism is a criminal offense under Section 354C of the Indian Penal Code.
Section 354C IPC:
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.
Punishment:
- 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
- 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.
Classification of Offence:
The offence under this Section is cognizable, bailable, non-compoundable and is triable by any Magistrate.
Provision of Voyeurism under IT Act, 2000
Section 67:
Punishment for Violation of Privacy:
Whoever intentionally or knowingly captures, publishes, or transmits the image of a private area of any person without his or her consent, under the circumstances violating the privacy of that person, shall be punished with imprisonment, which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Offence of Stalking:
A form of harassment known as stalking entails persistently paying someone unwelcome attention or making contact with them. Physical injury, emotional discomfort, anxiety, and sadness are just a few of the negative effects that stalking can have on a victim. It can negatively affect the mental and physical health of stalking victims since they often feel defenceless and helpless. Stalking can, in severe circumstances, result in sexual assault, murder, or suicide.
Section 354D IPC:
Stalking:
(1) Any man who—
(i) 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
(ii) 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—
(i) 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
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) 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 354D:
- The accused must be a man and victim must be a woman.
- Follow or contact a woman or attempt to contact; or
- Monitors the use by the woman of the internet, email or any other electronic communication.
- Despite disinterest of woman.
Section 354D has a proviso attached to it which carves out an exception to this offence. If a part of responsibility is imposed on a person by the State to prevent and detect any crime and such acts must be pursued by any law and in the particular circumstances such conduct of the person must be reasonable and justified then, it will not amount to stalking.
Punishment:
- 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
- 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.
Classification of Offence:
The offence under this Section is cognizable, bailable, non-compoundable and is triable by any Magistrate.
Conclusion:
Sexual harassment is a form of harassment that involves unwelcome or unwanted sexual advances, requests for sexual favours, or other verbal, non-verbal, or physical conduct of a sexual nature. It can occur in various settings, including workplaces, educational institutions, public spaces, and online environments. Sexual harassment can have serious consequences for the victim, including psychological trauma, stress, anxiety, and a negative impact on their personal and professional well-being. It is also a violation of laws and regulations in many countries and can result in legal action, disciplinary measures, or other consequences for the perpetrator.
To address the problem of voyeurism in India, there is a need for more research, awareness campaigns, and legal reforms. Research can help to understand the extent of the problem, its causes, and its impact on individuals and society. Awareness campaigns can help to sensitize people about the problem and encourage them to report incidents of voyeurism. Legal reforms can strengthen existing laws and provide better protection to victims of voyeurism.
The Constitution of India is the supreme law of our country and must be protected and respected in every instance. The fundamental rights of equality and personal liberty should be protected and the citizens of our country should not be discriminated against on any grounds. Hence, it is legal as well as a moral duty to provide a safer work environment for women to prosper. It’s essential for organizations to have clear policies and procedures in place to prevent and address sexual harassment, provide training to employees on appropriate workplace behaviour, and create a culture of respect and accountability. Victims of sexual harassment should feel empowered to report incidents and seek support from their employer, human resources department, or relevant authorities.