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Sexual harassment is a grave issue recognized globally and India is no exception. In Bengaluru, the IT hub of the country, the laws against sexual harassment are stringent. The key legislation governing this issue is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The law covers all workplaces and offers protection to all women, irrespective of their employment status, including visitors and interns.
Victims of sexual harassment often find themselves in a difficult position when attempting to assert their rights. Pressure, fear, anxiety, and often a lack of knowledge about the laws can hinder the process. A lawyer can help interpret laws, advice on the course of action, represent the victim in legal hearings, and assist to get the justice the victim deserves. In case the institutional mechanisms fail or if the case is particularly severe, going through the formal legal route with a lawyer's assistance may be indispensable.
The Indian Penal Code (IPC) sections 354A, 354B, 354C and 354D, cover various types of sexual harassments including unwelcome advances, demanding sexual favours, displays of pornography, etc. In addition to the IPC, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, obliges employers to create a Consequence-free environment for women. It requires the setting up of Internal Complaints Committees (ICC) at workplaces with 10 or more employees, where victims can lodge their complaints.
Sexual harassment includes a range of behaviors such as unwelcome sexual advances, asking for sexual favors, or any physical or verbal conduct of sexual nature that causes discomfort, humiliation, or interferes with work.
Currently, the Act protects women employees, but men who have faced similar harassment have other legal provisions available to them under the Indian Penal Code.
Same-sex harassment is also recognized, but the procedures for redressal may vary. Legal advice should be sought in these cases.
One should immediately report the incident to the appropriate authority, which is usually the ICC in case of a workplace. If that avenue is not available or has not provided satisfactory response, one can approach the local police station.
Penalties vary based on the nature and severity of the offense but can include fines, imprisonment, or both.
Visit the National Commission for Women and the Ministry of Women and Child Development websites for more information. The Karnataka State Women's Commission provides local resources. Several NGOs in Bengaluru like Vimochana, Enfold and Parivartan work extensively in the area of sexual harassment and can provide support and guidance.
If you have been subjected to sexual harassment, you should first try to address the matter through internal mechanisms if available, such as reporting to HR or an Internal Complaints Committee. If you are not employed, the Local Complaints Committee (LCC) is the appropriate body to approach. It is advisable to consult a lawyer in order to understand your rights, responsibilities, and legal options.
