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Consult Top Sexual Harassment at Workplace Expert Lawyer in India

Vijay Mukesh Bhatia

Senior
Exp
Panipat , Haryana

Specialization

  • Civil
  • RTI
  • Banking
  • Sexual Harassment At Workplace
Best Lawyer View Full Profile
Total Answers Given : 2
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Bhaskar Mallela

B. Tech, LLB
Exp
Hyderabad , Telangana

Specialization

  • Divorce
  • Child Custody
  • Cyber, Internet, Information Technology
  • Mail Fraud
  • Sexual Harassment At Workplace
Hi, This is Bhaskar Mallela From Mithra Law Firm.. If you want any legal suggestions call me (9703077070) Thank you.. View Full Profile
Total Answers Given : 1
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M. Ahsan Khanji

Advocate
Exp
Jammu , Jammu and Kashmir

Specialization

  • Landlord and Tenant
  • Administrative Law
  • Adoption
  • Advertising
  • Sexual Harassment At Workplace
I'm fresher taking civil and criminal cases in trail Courts as well as all cases of civil nature in High court of Jammu and Kashmir View Full Profile
Total Answers Given : 1
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Sheetal Bhutada

Advocate
Exp
Pune , Maharashtra

Specialization

  • Criminal
  • Cheque Bounce
  • Family
  • Domestic Violence
  • Sexual Harassment At Workplace
Passionate Lawyer. Professional to provide Legal guidance and support. View Full Profile
Total Answers Given : 1
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Vinay Kashyap Adv. Tel: 7814701230

Lawyer
Exp
Jalandhar , Punjab

Specialization

  • Criminal
  • Civil
  • Cheque Bounce
  • Adoption
  • Sexual Harassment At Workplace
I am dealing in civil, criminal, family, divorce , cheque case, property dispute, motor accident, bail matters, NDPS case, cheating and fraud, Court marriage, NRI cases, domestic violence matters since last more than 3 years. Feel free for any legal service. View Full Profile

gunjan shah

Advocate
Exp
North 24 Parganas , West Bengal

Specialization

  • Divorce
  • Arbitration And Mediation
  • Adoption
  • Child Custody
  • Sexual Harassment At Workplace
Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters as representing counsel. View Full Profile

Udit Chaudhary

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Criminal
  • Consumer Protection
  • Family
  • Sexual Harassment At Workplace
When you don't want anything, Then you can play around with everything. View Full Profile

Yohan Grace

individual
Exp
Bangalore , Karnataka

Specialization

  • Criminal
  • Civil
  • Consumer Protection
  • Cheque Bounce
  • Sexual Harassment At Workplace
I am practice in all the court of district and as well as in Highcourt. Handle all type of cases. Pref View Full Profile

Sumit Kumar Narayan

Advocate
Exp
Patna , Bihar

Specialization

  • Criminal
  • Adoption
  • Arbitration And Mediation
  • Banking
  • Sexual Harassment At Workplace
I am a Civil and Criminal lawyer of Patna & Vaishali District Courts and Patna High Court. I also deals in Matrimonial, Property, Consumer , Real Estate, Bank and Corporate laws . View Full Profile

Soumya Singh

Senior advocate
Exp
Varanasi , Uttar Pradesh

Specialization

  • Criminal
  • Arbitration and Mediation
  • Cheque Bounce
  • Domestic Violence
  • Sexual Harassment At Workplace
Advocate Soumya Singh has been providing legal advice and services since 2015 and is an independent lawyer, practicing in various fields of law including Criminal Defense, Divorce. Advocate Soumya Singh has a deep understanding of Criminal Writs, Criminal Complaints, Domestic Violence. View Full Profile
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  • What is Sexual Harassment at work place?
  • What are the Governing Laws of Sexual Harassment at work place?
  • Where to file such Complaint at workplace?
  • What is the Punishment for such Act?

What is Sexual Harassment at work place?


Sexual harassment refers to the uninvited behaviour of a sexual nature. As per Section 354 (A) of the Indian Penal Code, men pressing uninvited and explicit sexual suggestions, or requesting/demanding favours for sex, or committing physical contact, or presenting pornography against the woman’s wishes, are liable to have committed sexual harassment.

Governing Laws of Sexual Harassment at work place -


  • Indian Penal Code – Section 209, Section 354(A), Section 509
  • The Indecent Representation of Women (Prohibition) Act, 1987 – harassing someone with publications consisting of ‘indecent representation of women’ is not allowed.
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Brief History of policies relating to Sexual harassment in India:


Prior to 1997, the legal provision for addressing complaints related to sexual harassment was Section 354 of the Indian Penal Code 1860 which dealt with the ‘criminal assault for outraging a women’s modesty’.

In the 1990’s, Mrs. Bhanwari Devi tried to stop child marriage in accordance with her duties being associated with the Women Development Programme. Certain sections of the society did not take this well and responded with raping her. Eventually Rajasthan High Court allowed the defendants to go free. Then a PIL in context of Bhanwari Devi’s case was filed in the Supreme Court, which led to the formation of Vishaka guidelines, which drew inspiration from the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) . These guidelines were to be used in instances of sexual harassment till the time a legislation came into force. These guideline have now been superseded by a statute.

Some Features of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

  • On 9th December 2013, this Act came into effect.
  • Requires an ‘Internal Complaints Committee’ to be set up by the employer in every workplace which would look into matters pertaining to complaints of harassment. There is also the functioning of a ‘Local Complaints Committee’ set up by the district officer for organisations that do not have an ‘Internal Complaints Committee’ due to having less than ten workers
  • The idea of a ‘hostile work environment’ (Section 3) & ‘quid pro quo harassment’ with connection to a sexual nature have also been dealt with under the Act.
  • Powers of civil courts have been conferred on the Complaints Committees for purposes of gathering evidence.
  • Government having the power to inspect any workplace w.r.t documents and other records in connection to sexual harassment.
  • Vishaka Guidelines interpreted ‘workplace’ as something that was confined to the traditional office-set up, however, this Act widened the scope of the word ‘workplace’ to include hospitals, educational institutions, any place visited by employee in course of their employment including the transportation as well.

Where to file such Complaint at workplace?


In case of Sexual Harassment workplace complaints are to be made before an ‘Internal Complaints Committee’ to be set up by an employer in every workplace which would look into matters pertaining to complaints of harassment. There is also the functioning of a ‘Local Complaints Committee’ set up by the district officer for organisations that do not have an ‘Internal Complaints Committee’ due to having less than ten workers, for purposes of looking into complaints of sexual harassment at workplaces.

Punishment for Sexual Harassment at Workplace-


Sexual Harassment- Rigorous imprisonment which may extend to 3years or fine or both.

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