What is Sexual Harassment?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at work or in the classroom, singing lewd songs – all of this is sexual harassment. Under the law, only a man can be punished for the crime.(( Section 354A and 354, Indian Penal Code, 1860.))

There are many ways to reach out to an authority that will help, and anyone can file a complaint on a survivor’s behalf. A survivor can file a complaint of sexual harassment, irrespective of the place where it has happened. An FIR can be filed at any police station. The fact that the crime may not have been committed in that police station’s jurisdiction has no consequence to the filing of the complaint. It is mandatory for the police to record the information provided, and then transfer it to the police station in whose area/jurisdiction the offence took place. For instance, if a crime was committed in North Delhi, the information can even be registered with a police station in South Delhi.

The law deals with four categories of sexual harassment(( Section 354A, Indian Penal Code, 1860.)):

The punishment for inappropriately touching, demanding or requesting sexual favours and making sexual coloured remarks is jail time up to three years with a fine. For showing pornography, the jail time is up to one year along with a fine.1

Recourse against the Perpetrator

A survivor can go to the police and file an FIR after which the police will investigate and file charges before the court. The court will then decide whether the person is guilty or not. If the person is found to be guilty, they will be fined and punished with jail time depending on the kind of crime committed.

To explore more on complaining against the perpetrator, you can read our explainer on ‘How do you complain against sexual crimes’.

When a child has been harassed

If a child (below the age of 18) has been sexually harassed by anyone, including someone they know, relatives, friends, etc., anyone including the parents or teachers can report the crime on behalf of the child. It is illegal to not report the crime and a person can face criminal consequences for knowing about the crime and not reporting it.(( Juvenile Justice Act (Care and Protection of Children), 2015; The Protection of Children from Sexual Offences (POCSO) Act, 2012.)) To explore more on sexual abuse against children, you can read our explainer on Sexual Abuse of Children.

  1. Section 354A (2) and (3), Indian Penal Code, 1860. []

How is Invasion of Privacy a Sexual Crime?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

Everyone has a right to privacy.(( Article 21, Constitution of India, 1950.)) This means that anyone can do anything, sexual or not, thinking that no one is watching them (provided that it shouldn’t be illegal). Under the law, only a man can be punished for the crime.

Being Watched by Someone

If a person tries to watch someone while they are doing any private act, which they would do only if they thought(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism])) they were either completely alone or with a particular person they gave consent to, then it is a crime under the law. This crime is commonly known as voyeurism. Some examples are in cases where:

  • A person is being watched by someone when they are alone. For example, while they are using the toilet.(( State v. Shailesh, Delhi District Court, Criminal Appeal No.33/2016.))
  • Someone has illegally installed a camera in a person’s bedroom or hacked into their webcam to watch them in their private space.

Capturing Private Images 

If pictures, video or audio recordings of a person are without their permission, then it is a crime.

The punishment for capturing or watching someone without their knowledge or consent, is jail time of at least three years or a maximum of seven years along with a fine.(( Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism].))

Distribution of Private Pictures and Videos(( Section 354C, Explanation II, Indian Penal Code, 1860; Section 67 of Information technology Act, 2000.)) 

No one can record or distribute private pictures or videos of a person, unless they give consent. For example, if a person gives consent to only recording a sexual act with their loved one but has not given permission to distribute it to other people, and that recording is distributed, then it is a crime.

The punishment for distribution of private pictures, images or audio is jail time of at least three years or a maximum of seven years along with a fine.1

  1. Section 354C, Indian Penal Code, 1860 [Commonly known as Voyeurism]. []

What is Forceful Sexual Behaviour?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

There are many forms of forceful sexual behaviour that a person might encounter. Some of them are:

Forcefully Removing Clothes 

Whenever someone forcefully removes or tries to remove a person’s clothes, it is a crime. Even if there is any intention(( Sunil Kumar Mishra and Ors. v. State of Orissa and Ors  119 (2015) CLT 396.)) or behaviour where a person thinks the perpetrator is going to or might remove their clothes by hurting them, it is a crime. For example, if someone forcefully tries to remove a person’s clothes in a secluded place, it is a crime.

This crime is commonly known as disrobing. Under the law, only a man can be punished for the crime.(( Sunil Mishra v. The State of Jharkhand  2016 (1) J.L.J.R.279.)) The punishment for forcefully removing someone’s clothes is jail time of minimum three year and maximum five years with a fine.(( Section 354B, Indian Penal Code, 1860.))

Rape 

Rape(( Section 375, Indian Penal Code, 1860.)) is a forceful act committed when the perpetrator penetrates their body parts into someone else or applies their mouth on someone else’s body parts.  Further details on this crime are available in our explainer on Rape. The punishment for rape is jail time anywhere between ten years to life imprisonment with a fine.(( Section 376, Indian Penal Code, 1860.)) If a person rapes a child below the age of 14, then they can be punished with death penalty.(( The Protection of Children from Sexual Offences (POCSO) Act, 2012.))

 

Marital rape is not an offence in India and a wife cannot file a complaint against her husband if he has raped her. However, a wife can file a complaint against him for domestic violence(( Protection of Women from Domestic Violence Act, 2005.)) and seek immediate protection for herself or her children. Further details are available in our explainer on Domestic Violence.

What are Sexual Remarks and Threats?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If anyone says anything sexual to or sexually threatens a person, it is a crime under the law. Currently, only a man can be punished for the crime.(( Section 354A(1)(iv), Indian Penal Code, 1860; Section 354A, Indian Penal Code, 1860.))

Some examples of sexual remarks are:

  • A remark or statement that feels sexual to a person.
  • An ordinary remark which isn’t exactly sexual in nature but has a sexual implication to it.(( Jishu Sengupta & Others v. The State of West Bengal & Anr, 2017 CriLJ 1531.)) For example, a metaphor or innuendo.

Sexual threats can be verbal, gestural or written.(( Section 354, Indian Penal Code, 1860.)) There is a higher punishment for such acts. A statement or behaviour is a sexual threat if:

  • It is sexual and is intended to scare, hurt or annoy a person.(( Section 350, Indian Penal Code, 1860.))
  • It is made to warn a person of an inappropriate touch or any forceful sexual act which is about to happen.(( Section 350, Indian Penal Code, 1860.))

The punishment for making sexual threats or remarks is jail time of minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

What is an Inappropriate Sexual Touch?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If someone inappropriately touches a person with a sexual intention, it is a crime under the law. The touch may or may not be forceful, but the perpetrator will still be punished for their actions. Under the law, only a man can be punished for the crime.(( Section 354 and 354A(1)(i), Indian Penal Code, 1860.))

The sexual touch is inappropriate if it is with a sexual intention and without a person’s consent. Some examples are:

  • Making someone feel uncomfortable, scared or annoyed. For example, touching a person longer than needed.
  • Touching a person with the intention to sexually harass them.(( Ramkripal v. State of Madhya Pradesh, (2007) 11 SCC 265.)) For example, touching a person without their permission on any visible skin on a person’s body, be it under or over their clothes.
  • Causing any injury or harm to the person.(( Section 350, Indian Penal Code. [Commonly referred to as Criminal Force].)) For example, spanking a person(( Mrs. Rupan Deol Bajaj & Anr v. Kanwar Pal Singh Gill & Anr 1995 SCC (6) 194.)) or forcefully touching their body.(( State of Rajasthan v. Hetram, 1982 Cr LR ( Raj) 522, T Manikandan v. State of Delhi and Others CRL.REV.P. 404/2016 Order dated: 10.01.2017,  Digamber Harinkhede and Chhotu Alias Hanslal Harinkhede v. State of Madhya Pradesh.))

The punishment for inappropriately touching someone is a jail time of minimum one year and maximum five years with a fine.(( Section 354, Indian Penal Code, 1860.))

What are Sexual Favours or Demands?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If anyone asks for or demands any sexual favours from a person without their consent and despite their disinterest, then it is a crime. Under the law, only a man can be punished for the crime.(( The State of Maharashtra vs. Allha Abdul Rahim Mohd. and Ors IV (2018) CCR 61(Bom.)))

If the request or the demand is followed by someone physically hurting someone or using any kind of forceful behaviour, then there is a higher punishment for such actions. If the perpetrator’s behavior injures, creates fear or annoys a person and is done without their consent, then this means that the perpetrator is said to have used force on them.

For asking for sexual favours or making sexual demands the punishment is jail time up to three years and a fine.(( Section 354(1)(ii), Indian Penal Code, 1860.))

Place of Work 

If this happens to person at their place of work, then they not only have an option to go to the police, but can also file a complaint with the Internal Committee which is an internal mechanism in workplaces to deal with sexual harassment.(( The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

What are Sexual Gestures?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If anyone makes any sexual gestures that are insulting and sexual in nature, it is a crime. Under the law, only a man can be punished for the crime.(( Section 354A, Indian Penal Code, 1860)) 

Some examples of sexual actions and gestures are, when a person:

  • Inappropriately touches themselves while looking at someone.
  • Makes gestures such as flying kisses, whistling or gesturing to someone’s body.(( State v. Mohd Zahir, District Court, Delhi, SC No. 103/13, Order dated: 08.10.2013; Yogendra Nath v. Commissioner Kendriya Vidyalaya Sangathan ILR (2014) 2 Delhi 1428.))
  • Undressing in front of a person and showing sexual gestures, even after the person has clearly expressed disinterest and discomfort.

The punishment for making sexual gestures is jail time between minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

How do you Complain against Sexual Crimes?

 

Police

Go to Police Station

An FIR can be filed at any police station or the one nearest to where the crime happened. Anyone, including a friend or relative can also file an FIR on a survivor’s behalf. However, at the time of reporting, the survivor will have to give a statement which a female police officer will record in the FIR.(( Section 46(4) of The Code of Criminal Procedure, 1973.))

Call 100 

By calling 100 a survivor can seek immediate help from the police. If a survivor is in trouble, a police unit will be sent to their location for further assistance.

Cyber Cells

By approaching the cyber cell of the Police, anyone can complain about online sexual harassment. For example, a complaint can be filed with the Delhi Cyber Crime unit online.

National Commission for Women

A survivor can approach the National Commission for Women (NCW) in any of the following ways(( National Commission for Women, available at http://ncw.nic.in/.))  :

Call 1091 

  • Call 1091
  • Describe the crime in detail
  • Give the address and contact number

A police unit will then be sent to the address given, to assist the survivor with the steps that need to be taken. Any kind of violence against women including sexual offences and domestic violence can be reported to 1091.

Online

The National Commission for Women has an online complaint system known as Complaints Registration and Monitoring System where a survivor can fill in details and file a formal complaint. The following information has to be given:

  • Details of the complainant (the person who is filing the complaint),
  • Details of the survivor (woman who has faced the violence),
  • Details of respondent (perpetrator i.e. the person who commits sexual violence) and
  • Details such as:
    • Particulars of the Incident
    • Date and Time
    • Place of incident

Email

A complaint with National Commission for Women can be filed by sending an email to complaintcell-ncw@nic.in with any details regarding the sexual assault such as the description of the person who commits sexual violence or the description of the incident.

Post/ Letter/ Messenger

A letter can be written to the National Commission for Women, to this address:

National Commission for Women

    Plot-21, Jasola Institutional Area, 

    New Delhi- 110025

A friend/relative can also file a complaint on a survivor’s behalf or can handover the letter to a friend/relative who in turn can deposit it in the above-mentioned address.

Online Crime Reporting Portals

All the following ways given below can be used to report an online sexual crime. For example, if someone is stalking a person on Facebook or Instagram, then they can use any of the portals below to take an action.

Social Media Reporting

There are two ways through which a person can take action against the abuser. They can use either of the methods or both of them:

  • Block Abusers on Social Media
  • Report Abuse to the Administrators
  • File a complaint with the Cyber Cell

To explore more on online crime reporting, read our explainer on Reporting Online Abuse.

Sexual Harassment at the Workplace

If anyone is facing any sexual harassment at work and they want to stop the sexual harassment through employer action (for example, dismissal of the perpetrator), then they can file a complaint with the Internal Committee, which is a complaint mechanism available at all offices.(( The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) Every survivor or someone on their behalf also, has the option of going to the police as well to file a complaint.