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As observed by Justice Arjit Pasayat: "While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female." Sexual harassment is nothing less than the showcasing of male dominance.
Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire.
On appeal the Nagpur bench of the Bombay High Court set aside the judgment of the Sessions Court, and sentenced the accused namely Tukaram and Ganpat to one and five years of rigorous imprisonment respectively.
The Court held that passive submission due to fear induced by serious threats could not be construed as consent or willing sexual intercourse.
Under Sec.294 the obscene act or song must cause annoyance.
Though annoyance is an important ingredient of this offence, it being associated with the mental condition, has often to be inferred from proved facts. The insult be caused by i) Uttering any word or gesture, or ii) Exhibiting any object with the intention that such word, gesture, or object be hear or seen by such a woman, or iii) By intruding upon the privacy of such woman. It is a whole book, which has clearly demarcated chapters and cannot be read selectively.
The most important facts such as the age of the victim (being seven years) and that she had suffered a ruptured hymen and the bite marks on her body were not considered by the High Court.
Finally she was rescued by the police- acting on a complaint filed by her neighbour.The Court in this case failed to comprehend that a helpless resignation in the face of inevitable compulsion or the passive giving in is no consent.However, the Criminal Law Amendment Act, 1983 has made a statutory provision in the face of Section.114 (A) of the Evidence Act, which states that if the victim girl says that she did no consent to the sexual intercourse, the Court shall presume that she did not consent. Habib Vs State, the Delhi High Court allowed a rapist to go scot-free merely because there were no marks of injury on his penis- which the High Court presumed was a indication of no resistance.The Supreme Court has in the case of State of Maharashtra Vs. Mardikar, held that "the unchastity of a woman does not make her open to any and every person to violate her person as and when he wishes.She is entitled to protect her person if there is an attempt to violate her person against her wish. Therefore merely because she is of easy virtue, her evidence cannot be thrown overboard." Also the Bandit Queen case10, which depicts the tragic story of a village girl.
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d) Appropriate work conditions should be provided in respect of work leisure, health, hygiene- to further ensure that there is no hostile environment towards women and no woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. Where such conduct amounts to specific offences under the Indian Penal Code or any other law the employer shall initiate appropriate action in accordance with the law, by making a complaint with the appropriate authority. Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. Therefore sexual harassment in addition to being a violation of the right to safe working conditions, is also a violation of the right to bodily integrity of the woman.