IPC Section 354A is a section of the Indian Penal Code that was added in 2013, after the Delhi gang rape case that occurred in December 2012. The section deals with the offense of sexual harassment and the punishment for the same.
The section defines sexual harassment as physical contact and advances involving unwelcome and explicit sexual overtures. This includes making sexually colored remarks, physical contact and advances, and showing pornography. The section also covers the act of stalking, which is defined as the act of following a person and contacting, or attempting to contact them, despite clear indication of disinterest by the person being followed.
The punishment for the offense of sexual harassment under IPC Section 354A can be imprisonment for a term which may extend up to three years, or a fine, or both. In addition to this, the section also provides for higher punishment for repeat offenders or for offenders who commit the offense in a workplace.
To prove the offense of sexual harassment under IPC Section 354A, it is necessary to establish that the act was committed with the intention to harass or intimidate the victim, and that the victim did not give consent for the same. The victim's statement is considered crucial in such cases, along with other evidence that may be available, such as CCTV footage or witness testimony.
In cases of sexual harassment at the workplace, the section also requires employers to provide a mechanism for the redressal of grievances related to sexual harassment. This mechanism is required to be in the form of an internal committee, with at least one woman member, to be constituted by the employer. The committee is required to investigate complaints of sexual harassment and provide recommendations for appropriate action.
To prevent sexual harassment and promote a safe working environment, it is necessary for employers to ensure that all employees are aware of the provisions of IPC Section 354A and the policies and procedures in place to deal with complaints of sexual harassment. Employees should be encouraged to report any instances of sexual harassment, and appropriate action should be taken against the perpetrator.
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