Zero tolerance to abuse against women
The law now ensures that women don’t have to suffer with any kind of misbehaviour
By : s.a. ishaqui
Update: 2014-06-24 00:12 GMT
Mumbai: The Preity Zinta-Ness Wadia episode has brought to the fore the issue of molestation, sexual harassment and its many facets.
While some say that the high-profile public spat cannot be termed as molestation as the Bombay Dyeing scion only had a verbal argument with his ex-girlfriend and co-owner of the IPL team Kings XI Punjab, experts beg to differ.
Sexual harassment and molestation does not always have to be a physical act. Verbal abuse that outrages the modesty of a woman can be “sexual abuse”.
The line between a little fun and offensive behaviour is thin. But sexual harassment in any form can never be dismissed as insignificant. The only way to fight such harassment is with zero tolerance, by never submitting to it.
High Court advocate Rachna Waddepalli talks us through what denotes sexual harassment in the eyes of the law.
1) Sexual harassment means unwelcome physical, verbal or non-verbal conduct of a sexual nature. Examples for non-verbal sexist conduct are voyeurism, stalking and leering. Sometimes a “stare” is actually “leering”, amounting to non-verbal, sexist behaviour. However, it is very difficult to pinpoint the difference and prove it.
2) The attitude of a person being sexiest towards another can sometimes be determined only by the person experiencing it. The totality of circumstances in the background of socially accepted behaviour should be considered to determine sexual harassment in its subtlest form.
3) At the workplace, casual remarks about physical appearance may be termed as a “compliment” by the offender, but unwelcome by the victim.
4) Unwarranted communications invading personal space denigrating a person’s gender may last for only a brief moment and may be termed as a minor transgression. However, repeated incidents
fall under the ambit of sexual harassment.
5) Smothering a colleague with extra attention creates an intimidating environment. A colleague may indulge in such behaviour to boost one’s ego or to show his authority. It may be for the thrill of humiliating a woman and seeing how she reacts.
New laws make punishment very stringent
After the Delhi rape incident, the Criminal Law (Amendment) Act, 2013, was brought in with stringent provisions by introducing 354 A, B, C and D clauses.
Section 354 (A) deals with (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) forcibly showing pornography; or (1) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Any person who commits the offence specified in clause (i) or clause (ii) of sub-section (1) shall be punished with rigorous imprisonment, which may extend to five years, or with fine, or with both.
As per Sexual Harassment at Workplace Bill, 2013 Bill and also Supreme Court’s guidelines in Vishaka’s case, every employer shall constitute a committee to be known as the “Internal Complaints Committee” with a presiding officer who shall be a woman employed at a senior level at the workplace.
If a complainant is not satisfied with the findings, she has the right to approach the police.