Sexual harassment in my office by one of my colleague
Question From: Criminal Law
I am a working lady and sometimes stay in office till late night due to some work load hence, used to stay in office till 9 PM. I have been working in a private form so bound to follow the instructions of my boss. In fact one of our colleague is very irritating such as interfering in my work without my desire.
Yesterday, he touched my private parts so as to show that it happened accidentally. Since, he had bad intention therefore one day he falsely said that my boss called me in his office. At the same time he followed me and locked the door from inside forthwith I entered in the office. Unfortunately, there was no other staff except the peon. I strongly opposed his act thereafter he went out from the office.
His act constitutes the
By committing those acts he projected unwelcome sexual advances or sexual overtures in order to commit sexual harassment. Therefore, he committed the
Even today women have been placed at various disadvantaged positions in society due to gender differences and bias. In Vishaka v. State of Rajasthan, (1997) 6 SCC 241 the Supreme Court opined that sexual harassment is a form of gender discrimination that undermines dignity, equality of opportunity and treatment between women and men.
The supreme court in Vishaka v. State of Rajasthan [(1997) 6 SCC 241] tried to define acts of sexual harassment as:
“A physical contact and advances, a demand or request for sexual
In Prem Shankar Shukla vs Delhi Administration (1980) 3 SCC 526: the supreme court is reiterated that sexual harassment at the place of work is incompatible with the dignity and honor of a female and needs to be eliminated and there can be no compromise with such violations.
You should file an FIR as soon as possible. Inordinate delay in filing of FIR may weaken your case and may infer that you have made false story against the accused.
Your colleague has committed sexual harassment because he knew the consequences of his actions as well as he desired to commit those actions with criminal intention i.e. to outrage your modesty. The sexual harassment
All the ingredients of section 354-A are found in your case so you may initiate criminal proceeding as soon as possible.
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