Criminal Law

Sexual Harassment Prevention Laws

According to National Crime records Bureau, rape accounts for 12% of all crimes against women. Average rate of rape case is about 6.3 per 100,000 of the population. According to a live report of Livemint, 99% of cases of sexual violence go unreported. Even after the rape case of Nirbhaya, the rate of rapes saw a humongous jump of 26% in 2013, mainly in northern part of India like Delhi, Rajasthan, and UP. Not only rapes, but other forms of sexual violence also saw a massive jump of 26% in 2016.

The conviction rate for all crimes against women stands at mere 19%. In Northern Eastern states except Assam, the range varies between 25% – 70%. On the other hand, states like West Bengal, Gujarat, and Karnataka have rates of less than 5%. In 2016, the rate was 26%.

What constitutes Sexual Harassment?

Harassment in a workplace, professional or social situation, involving the making of unwanted sexual advances, favours or obscene remarks is considered as sexual harassment. According to Vishaka Guidelines laid down by the Supreme Court of India, sexual harassment includes any unwanted sexual behaviour whether directly or impliedly.

  • Physical contact and initiatives.
  • Sexual demands and favours.
  • Showing pornography forcibly.
  • Sexual remarks.
  • Unusual and sexual behaviour.

Sexual Harassment of women at workplace Act (Prevention, Prohibition and Redressal) Act 2013

If the harassment has occurred at a women’s workplace, during the course of her employment, at her educational institute or at hospital where she is admitted, then she can get relief under this Act.

  • It protects all women irrespective of age, employment status, whether in organized or unorganized sectors, public or private. It covers domestic workers and customers also.
  • Internal complaints committee is mandatory to be set up in each office with 10 or more employees to investigate regarding complaints of assaults.

Need any kind of legal assistance against sexual harassment, please contact us. Our inhouse legal lawyer will assist you against sexual harassment and related matter.

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