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What is harassment and how to tackle it legally?

English हिंदी বাংলা मराठी தமிழ்తెలుగు

Harassment is when someone intentionally bothers or hurts another person, making them feel uncomfortable, scared, or upset. This can happen in many places, such as at school, work, or online.

Harassment can take many forms, including mean or hurtful words, spreading lies or rumors, physical actions like hitting or touching, or even sending unwanted messages. It can affect anyone and might happen because of things like gender, race, religion, or other personal characteristics.

If you or someone you know is being harassed, it's important to speak up. You can talk to a trusted adult, friend, teacher, or authority figure to get help. Reporting harassment can stop it and ensure that everyone feels safe and respected.

FORMS OF HARASSMENT

1. Verbal Harassment

This includes using mean words, name-calling, making threats, or using offensive language to make someone feel bad or scared.
Section-504 of Indian Penal Code (now replaced by section 351 of the Bhartiya Nyaya Sanhita) punishes using insulting words to provoke someone to react violently or disturb public peace, with imprisonment up to two years, a fine, or both.

2. Physical Harassment

This includes any unwanted physical contact, hitting, or any physical action that makes someone feel uncomfortable or threatened.
SECTION 354 of Indian Penal Code (now section 74 of Bhartiya Nyaya Sanhita) punishes assault or use of criminal force against a woman with the intent to outrage her modesty. The punishment includes imprisonment of one to five years and a fine.
Section 323 of the IPC (now section 75 of Bhartiya Nyaya Sanhita): This section addresses voluntarily causing hurt. It punishes with imprisonment of one to three years, or a fine, or both.

3. Sexual Harassment

This includes unwanted sexual comments, inappropriate touching, making someone feel sexually uncomfortable, or pressuring someone for sexual favors.
Section 354 A of the IPC: This section specifically addresses sexual harassment and includes:
Unwanted physical touch and sexual advances.
A demand or request for sexual favors.
Showing porn to a woman without her consent.
Making sexually colored remarks.

Punishment ranges from rigorous imprisonment of one to three years and a fine, depending on the offense

4. Workplace Harassment

This includes any unwelcome behavior at work that makes someone feel unsafe, uncomfortable, or discriminated against. It can be verbal, physical, or sexual.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This act protects women from sexual harassment at work and ensures that complaints are addressed. It requires employers to create an Internal Complaints Committee (ICC) to handle these complaints.
Section 19: The employer is required to create a safe work environment, display the consequences of sexual harassment, and organize workshops and awareness programs.
Section 4: Mandates the formation of an ICC to handle complaints of sexual harassment.

5. Cyber Harassment

This includes sending threatening, mean, or unwanted messages or emails, stalking someone online, or spreading rumors or false information over the internet.

Section 66A of the Information Technology Act: This section (now struck down by the Supreme Court but historically significant) punished sending offensive messages through communication services. Though no longer in effect, harassment online can still be pursued under other relevant laws.
Section 67 of the Information Technology Act: This section punishes publishing or transmitting obscene material in electronic form. The punishment includes imprisonment of up to three years and a fine for the first conviction, and up to five years and a fine for subsequent convictions.

How to File a Harassment Complaint in India: A Step-by-Step Guide

Harassment is a serious issue that can affect anyone. Knowing how to file a harassment complaint is crucial for seeking justice and ensuring safety. Here’s a detailed guide on how to proceed in India:

Step 1: Identify the Type of Harassment

Harassment can be verbal (insults, threats), physical (unwanted touching, assault), sexual (unwelcome advances, explicit comments), emotional (bullying, intimidation), or online (cyberbullying, threats on social media).

Step 2: Gather Evidence

Collect any evidence that supports your complaint:

Verbal or Written: Save emails, messages, or recordings.
Physical: Take photos of injuries or damaged property.
Witnesses: Note down the names and contact information of anyone who saw what happened.

Step 3: Choose the Right Authority

Depending on where the harassment occurred and its nature:

Workplace: Report to your employer’s Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Every workplace with 10 or more employees must have an ICC to handle sexual harassment complaints.
Public Places: Go to the nearest police station to file a First Information Report (FIR). Sections of the Bhartiya Nyaya Sanhita (BNS) like section 351 (criminal intimidation), 74 (Assault or use of criminal force to woman with intent to outrage her modesty) and 75 (Sexual Harrassment) may apply depending on the specifics.
Online: Report cyber harassment to the Cyber Crime Cell of your state police or lodge a complaint under the Information Technology (IT) Act, 2000. Relevant sections could include, Section 66E (privacy violation) or Section 67 (publishing obscene material).

Step 4: Prepare Your Complaint

Write a detailed complaint:

Include your personal details (name, address, contact information).
Describe the incidents of harassment with specific dates, times, and locations.
Attach copies of evidence and witness statements if available.

Step 5: File Your Complaint

Submit your written complaint to the appropriate authority:

Workplace: Hand it to the ICC chairperson or designated member.
Police Station: Provide your complaint to the Station House Officer (SHO) or duty officer. Ensure to get a receipt acknowledging your complaint.

Step 6: Follow the Legal Process

Cooperate with authorities during the investigation, Provide additional information or statements if required, Attend hearings or meetings related to your complaint.

Step 7: Seek Legal Assistance if Needed

Consult with a lawyer if you need legal advice or representation, Especially if the harassment escalates to legal proceedings and for guidance on your rights and further legal actions.

Filing a harassment complaint involves understanding your rights, gathering evidence, and following the proper legal procedures in India. It’s essential to act promptly and seek support to ensure your safety and hold perpetrators accountable. Authorities and legal professionals are there to assist you throughout the process, ensuring justice and protection against harassment.

FAQs

1. What are the key elements that must be proven to establish a case of sexual harassment in the workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

To establish a case of sexual harassment under this Act, the complainant must prove:

The conduct was unwelcome.
The conduct was of a sexual nature.
The conduct either explicitly or implicitly affected her employment, or created an intimidating, hostile, or offensive work environment.
The conduct interfered with her work performance.

2. What legal protections are available for whistleblowers who report harassment in the workplace?

Whistleblowers are protected under various laws and organizational policies, including:

The Whistleblowers Protection Act, 2014, which protects individuals who disclose information on corruption or misconduct.
The Sexual Harassment of Women at Workplace Act, 2013, which mandates that no victimization or discrimination should be faced by the complainant or witnesses.
Specific internal policies of organizations that often include clauses against retaliation or victimization of whistleblowers.

3. How can the Internal Complaints Committee (ICC) ensure a fair and unbiased investigation into a harassment complaint?

The ICC can ensure a fair and unbiased investigation by:

Ensuring the committee has a balanced representation of members, including external experts to prevent internal biases.
Maintaining confidentiality of both the complainant and the accused throughout the investigation process.
Providing equal opportunity to both parties to present their case and evidence.
Following the principles of natural justice, which include providing a fair hearing and avoiding any preconceived notions or bias.

4. What legal recourse does an employee have if the Internal Complaints Committee (ICC) is biased or ineffective?

If an employee finds the ICC to be biased or ineffective, they can:

Appeal the decision of the ICC to an appropriate court or tribunal as provided under the Act.
File a complaint with the National Commission for Women (NCW) or the State Women's Commission.
Lodge a complaint with the local police station or magistrate under relevant sections of the Indian Penal Code (IPC), such as Section 354A for sexual harassment.

5. What is the role of the Vishaka Guidelines in shaping the current laws on sexual harassment in India?

The Vishaka Guidelines were laid down by the Supreme Court of India in the Vishaka vs. State of Rajasthan case in 1997. They played a crucial role in shaping the current laws on sexual harassment by:

Defining sexual harassment and outlining preventive measures for workplaces.
Mandating the creation of complaint mechanisms, including the formation of Complaints Committees.
Establishing the legal responsibility of employers to provide a safe working environment.
Influencing the formulation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which codified many of the principles established in the Vishaka Guidelines.

6. How does the Indian legal system address the issue of harassment in digital spaces, and what are the penalties for cyber harassment?

The Indian legal system addresses cyber harassment through:

The Information Technology Act, 2000, which includes provisions for punishment for sending offensive messages through communication services (Section 66A), identity theft (Section 66C), and cyberstalking (Section 66E).
The Indian Penal Code (IPC) also includes provisions under Section 354D for stalking, including cyberstalking.
Penalties for cyber harassment can range from fines to imprisonment, depending on the severity of the offense. For example, under Section 66E of the IT Act, capturing, publishing, or transmitting private images without consent can lead to imprisonment of up to three years or a fine up to two lakh rupees, or both.

7. What steps should an individual take if they experience harassment but fear retaliation or further harm from the perpetrator?

If an individual fears retaliation or further harm, they should:

Document all instances of harassment meticulously with details and evidence.
Seek support from trusted colleagues, friends, or family members who can provide emotional support and corroborate their experiences.
Report the harassment through anonymous channels if available, such as hotlines or anonymous complaint mechanisms.
Consult a lawyer to understand their legal options and rights.
Approach NGOs or support groups that specialize in helping victims of harassment and can provide guidance on the safest way to proceed legally.

8. What are the responsibilities of employers in preventing harassment and ensuring a safe working environment under Indian law?

Employers have several responsibilities, including:

Implementing and enforcing a robust anti-harassment policy.
Constituting an Internal Complaints Committee (ICC) as mandated by the Sexual Harassment of Women at Workplace Act, 2013.
Conducting regular training and awareness programs for employees on recognizing and preventing harassment.
Ensuring prompt and fair investigation of harassment complaints.
Taking appropriate action against perpetrators of harassment.
Providing support and protection to complainants and witnesses to prevent victimization or retaliation.

Written by Arshita Anand

Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset