1.It is necessary for employers in work place as well as other responsible or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women. It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment.
2.For this purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication)as:
3.Where such code amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.
4.Where or not such conduct constitutes an offence under law or a breach of the service rules, appropriate complaint mechanism should be created in the employer’s organisation for redress complaint made by the victim. Such complaint mechanism should ensure time bound treatment ofcomplaints.
5.The complaint referred to above should be adequate to, provide, where necessary, a complaint committee and other support service including the maintenance of confidentiality.
6.The complaint committee should be headed by women and not less then half of its member should be women.
7.Awareness of the rights of female employees in this regard should be created in particular by prominently notifying this guidelines(and appropriate legislation when enacted on the subject) in suitable manner.
8.Other legal provisions include filling a criminal case under section of the Indian panel code (IPC), Indecent Representation of Women (prohibition) Act and/or filling a civil suit.
The following section of the Indian Panel Code can be applicable to sexual harassment (which makes it a criminal case):
Section 294-Whoever to annoyance of other, (a) does may obscene act in my police place, or (b) sing, recites and utters any obscene songs, ballads or words in or near any public space, shall be punished with imprisonment of either description for a term that may extend to three months, or withfine or with both.
Section 354– Whoever assaults or uses criminal force on any women, intending to outrage her modesty or knowing it likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
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