Expanded Sexual Harassment Offences
I. Introduction
Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, particularly in workplaces or public spaces.
In India, the scope of sexual harassment has expanded significantly over the years—from workplace harassment to public spaces, schools, online platforms, and even domestic environments.
II. Legal Framework
The Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act):
First comprehensive legislation to address workplace sexual harassment.
Defines sexual harassment broadly including physical contact, demand or request for sexual favors, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
Provides for Internal Complaints Committee (ICC) in organizations.
Section 354 IPC and its Amendments:
Original Section 354 IPC criminalized assault or criminal force against a woman with intent to outrage her modesty.
Expanded through amendments and judicial interpretations to include stalking, voyeurism, and sexual harassment.
Section 354A, 354B, 354C, and 354D IPC:
Introduced after the 2013 Criminal Law (Amendment) Act.
354A: Sexual harassment and punishment.
354B: Assault or use of criminal force to woman with intent to disrobe.
354C: Voyeurism.
354D: Stalking.
Section 509 IPC:
Word, gesture or act intended to insult the modesty of a woman.
Other Laws:
The Information Technology Act, 2000 (Section 66A, Section 66E) covers online harassment and privacy violations.
III. Expanded Scope of Sexual Harassment
Includes verbal abuse, stalking, online harassment, voyeurism.
Covers harassment in public spaces, workplaces, educational institutions, and domestic settings.
Encompasses harassment based on gender identity and sexual orientation.
Recognizes power dynamics and abuse of authority.
⚖️ Important Case Laws on Expanded Sexual Harassment Offences
1. Vishaka v. State of Rajasthan (1997) 6 SCC 241
Facts: A social worker was raped by government officials.
Held: Supreme Court laid down Vishaka Guidelines to prevent sexual harassment at workplaces until legislation was enacted.
Significance: Landmark case that recognized workplace sexual harassment as a violation of fundamental rights (Article 14, 15, 21). Set the foundation for POSH Act.
2. Medha Kotwal Lele & Ors. v. Union of India (2013)
Facts: Petition for implementation of Vishaka Guidelines and better redressal mechanisms.
Held: Supreme Court stressed effective implementation of guidelines and creation of Internal Complaints Committees in all workplaces.
Significance: Strengthened enforcement and accountability for workplace sexual harassment.
3. Rupan Deol Bajaj v. KPS Gill (1995) 6 SCC 194
Facts: Rupan Deol Bajaj, a senior officer, accused KPS Gill of sexual harassment.
Held: The Court recognized verbal sexual harassment and upheld the right to dignity and safe workplace.
Significance: Early recognition of workplace sexual harassment including verbal abuse.
4. Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759
Facts: Employee complained of sexual harassment; employer denied responsibility.
Held: Employer held vicariously liable for sexual harassment by its employees.
Significance: Established employer’s duty to prevent and redress sexual harassment at workplace.
5. Preeti Gupta v. State of Jharkhand (2014) 3 SCC 134
Facts: Harassment and stalking via phone and messages.
Held: Court recognized stalking and cyber harassment as serious offences and called for strict enforcement of laws.
Significance: Expanded interpretation of sexual harassment to include stalking and electronic abuse.
6. The Shakti Vahini v. Union of India (2018) 7 SCC 192
Facts: Honour killings and sexual harassment within families.
Held: Court called for comprehensive measures to combat sexual harassment beyond workplaces, including domestic and societal contexts.
Significance: Recognized the need to address sexual harassment in wider social contexts.
7. Lillu @ Rajesh v. State of Haryana (2013) 14 SCC 643
Facts: Challenge to the constitutionality of the "two-finger test" used in sexual assault cases.
Held: Supreme Court struck down the test as unscientific and degrading.
Significance: Protected victims’ dignity and reformed medical examination procedures related to sexual harassment.
8. Shakti Vahini v. Union of India (2018) 7 SCC 192
Facts: Regarding honour killings and sexual harassment in the family and community.
Held: Expanded scope of sexual harassment beyond workplace and public spaces, acknowledging societal and domestic violence implications.
🧾 Summary Table of Cases
| Case Name | Issue | Legal Principle |
|---|---|---|
| Vishaka v. State of Rajasthan | Workplace sexual harassment | Laid down guidelines for prevention until POSH Act |
| Medha Kotwal Lele (2013) | Enforcement of Vishaka Guidelines | Emphasized ICC formation and implementation |
| Rupan Deol Bajaj (1995) | Verbal sexual harassment | Recognized verbal abuse as sexual harassment |
| Apparel Export Council (1999) | Employer liability | Employers vicariously liable for workplace harassment |
| Preeti Gupta (2014) | Stalking and cyber harassment | Recognized stalking as serious offence |
| Shakti Vahini (2018) | Honour killings & domestic harassment | Expanded sexual harassment beyond workplace |
| Lillu v. Haryana (2013) | Medical exam procedures | Struck down invasive two-finger test |
Conclusion
The law relating to sexual harassment in India has evolved from focusing narrowly on physical assault to covering a wide range of conduct including verbal abuse, stalking, cyber harassment, and domestic violence. Judicial interventions have strengthened victim protection, emphasized dignity, and expanded the definition and scope of offences to include all environments — workplace, public, online, and home.
RELATED Blog
0 comments