Sexual Harassment under Section 354A IPC : A Ship without Rudder and Compass
By
Dr. P. H. Pendharkar
Introduction
Section 354-A, that defines and penalizes ‘sexual harassment’, is introduced in the Indian Penal Code (hereinafter IPC) by way of Criminal Law (Amendment) Act, 2013, with an object to protect dignity of individuals. Under sub-section (1) four categories of acts are declared as an offence of sexual harassment. Sub-sections (2) and (3) prescribe punishment for sexual harassment. The section reads:
“354A. Sexual harassment and punishment for sexual harassment.—
A man committing any of the following acts—
physical contacts and advances involving unwelcome and explicit sexual overtures; or
demand or request for sexual favours; or
showing pornography against the will of a woman; or
making sexually coloured remarks, shall be guilty of th ....