Sir/Madam,
It is an offence under Sec.354 and 509 IPC. She may give complaint before the police for that he is punishable. The sections mentioned here under.
As per Indian Penal Code Section 354 : Assault or criminal force to woman with intent to outrage her modesty : Whoever assaults or uses criminal force to any women, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Sec.509 : Word, gesture or act intended to insult the modesty of a woman.
The Lok Sabha (the Lower House of the Parliament) has, on 3 September 2012, passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 (Bill). The Bill now remains to be passed by the Rajya Sabha (Upper House of the Parliament) and notified by the government, to become binding law. The wide ambit of the Bill and the severe consequences of non compliance are expected to have a potentially serious impact on employers failing to adhere to the provisions of the Bill.
Duty of the Employer or other responsible persons in work places and other institutions
It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
Hence I suggest that, the victim can lodge a complaint against the him before the Police or the institution may take disciplinary action.
From India, Kurnool
8It is an offence under Sec.354 and 509 IPC. She may give complaint before the police for that he is punishable. The sections mentioned here under.
As per Indian Penal Code Section 354 : Assault or criminal force to woman with intent to outrage her modesty : Whoever assaults or uses criminal force to any women, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Sec.509 : Word, gesture or act intended to insult the modesty of a woman.
The Lok Sabha (the Lower House of the Parliament) has, on 3 September 2012, passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 (Bill). The Bill now remains to be passed by the Rajya Sabha (Upper House of the Parliament) and notified by the government, to become binding law. The wide ambit of the Bill and the severe consequences of non compliance are expected to have a potentially serious impact on employers failing to adhere to the provisions of the Bill.
Duty of the Employer or other responsible persons in work places and other institutions
It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
Hence I suggest that, the victim can lodge a complaint against the him before the Police or the institution may take disciplinary action.
From India, Kurnool
Dear Member,
You wrote: With reference to the above mentioned sub, I would like to state that one of my lower level staffs sexually tortured one of our staff by catching the private parts by taking the benefit of crowd at attendance punching time. Is this case should be taken as a sexual harassment or attempt to rape & under which section we can remove him.
The victim staff has requested to us by mail requesting "after taking a deep decision, taking out any other resolution may give him the chance to act same. As it is the matter of my Dignity".
Ref to aforesaid the above action of your employee comes is a Molestation which is covered under Section 294, 509 and is punishable under section 323 and section 354 of IPC. The crime is punishable under section 323 by imprisonment of One year and under section 354 by imprisonment of two years and please understand this is a very serious matter and must not be taken as a minor act indiscipline by one of the employee.
Your course of action may be like this,
1st ask the female employee (victim) to submit an formal complaint in writing.
2nd you have to check the records and back ground of both the employees and see what type of past relation if any they have. In case there is no history of any past disputes please understand the Girl is not lying.
3rd You can investigate from other employees about the instance and immediate reaction of the Victim.
4. Once preliminary inquiry is over and you feel the Victim is speaking truth, call the offender and ask him to explain, if he accepts just ask him to submit the apology in writing, and once apology letter is with you, ask him to submit resignation or if he refuse sack him and relieve him immediately. In case if he refuse to accept and you are sure of the crime committed on your premises just file a FIR under Section 509, 354 of IPC and if your Company does not wish to do so let the Victim file a FIR with local Police Station. I am of the view that as this crime was committed on your premises it's your moral duty to protect the dignity of females working in your office. Once the FIR is filed you can just sack the person without any notice or benefits as this is not only gross misconduct but also an criminal offence punishable under Law.
I hope aforesaid will help you in future course of action and help the victim regaining her confidence and also prove that your Company is zero tolerance company when it comes to protect the dignity of female employees.
Please convey my support to the Victim and tell her to be fearless and never be afraid of such cheap people.
From India, Delhi
You wrote: With reference to the above mentioned sub, I would like to state that one of my lower level staffs sexually tortured one of our staff by catching the private parts by taking the benefit of crowd at attendance punching time. Is this case should be taken as a sexual harassment or attempt to rape & under which section we can remove him.
The victim staff has requested to us by mail requesting "after taking a deep decision, taking out any other resolution may give him the chance to act same. As it is the matter of my Dignity".
Ref to aforesaid the above action of your employee comes is a Molestation which is covered under Section 294, 509 and is punishable under section 323 and section 354 of IPC. The crime is punishable under section 323 by imprisonment of One year and under section 354 by imprisonment of two years and please understand this is a very serious matter and must not be taken as a minor act indiscipline by one of the employee.
Your course of action may be like this,
1st ask the female employee (victim) to submit an formal complaint in writing.
2nd you have to check the records and back ground of both the employees and see what type of past relation if any they have. In case there is no history of any past disputes please understand the Girl is not lying.
3rd You can investigate from other employees about the instance and immediate reaction of the Victim.
4. Once preliminary inquiry is over and you feel the Victim is speaking truth, call the offender and ask him to explain, if he accepts just ask him to submit the apology in writing, and once apology letter is with you, ask him to submit resignation or if he refuse sack him and relieve him immediately. In case if he refuse to accept and you are sure of the crime committed on your premises just file a FIR under Section 509, 354 of IPC and if your Company does not wish to do so let the Victim file a FIR with local Police Station. I am of the view that as this crime was committed on your premises it's your moral duty to protect the dignity of females working in your office. Once the FIR is filed you can just sack the person without any notice or benefits as this is not only gross misconduct but also an criminal offence punishable under Law.
I hope aforesaid will help you in future course of action and help the victim regaining her confidence and also prove that your Company is zero tolerance company when it comes to protect the dignity of female employees.
Please convey my support to the Victim and tell her to be fearless and never be afraid of such cheap people.
From India, Delhi
If it was done where there was a crowd then many must have noticed the lady's spontaneous reaction like "Hey ! What are you doing ? Behave your self, you.......(expletives)"Call those who were in the que and note down their statement.Then proceed as others have suggested.(appreciated by me in this column).
From India, New Delhi
From India, New Delhi
Another check to be done - the punch time must match the sequence they tried, victim first and offender next. This is just a cross check.
From India, Delhi
From India, Delhi
What you suggest is a nice idea to cross verify, but i have foll doubts -
It is not necessary the offender would come right after the victim or the victim would go right after the offender.
If he's 1st to punch and he has done such gross act, she would be in a state of shock firstly to go right behind him, so surely there would be someone who has entered after him.
(No punch in time would match)
If she was the first to enter, again it is not necessary that he would enter right after her to make it more obvious... He'd purposefully allow few people to enter and then punch in.
(Again no match)
As is stated, this happened in a crowded situation, so we can't even assume that people entered in a straight line. So how do we cross check using punch time?
From India, Mumbai
It is not necessary the offender would come right after the victim or the victim would go right after the offender.
If he's 1st to punch and he has done such gross act, she would be in a state of shock firstly to go right behind him, so surely there would be someone who has entered after him.
(No punch in time would match)
If she was the first to enter, again it is not necessary that he would enter right after her to make it more obvious... He'd purposefully allow few people to enter and then punch in.
(Again no match)
As is stated, this happened in a crowded situation, so we can't even assume that people entered in a straight line. So how do we cross check using punch time?
From India, Mumbai
Yes these preliminary steps of collating all the evidence is FIRST. After receiving complaint in writing from the employee, inform all your superiors upto the top of HR. Then take statement of employee & complete your investigation based on his statement. Nothing to beat a CCTV footage, as independent action can be taken even without an official complaint being lodged.
From India, Mumbai
From India, Mumbai
Have you not heard of Vishakha Judgement? The organisation appears to be big from the term 'crowd at the punching time'. It is mandetory to appoint a committee, with a representative from NGO, to address the issues of Sexual Harrassment at workplace. The victim should be asked to give written complaint and need not be pressed for submitting any evidence. The commitee will enquire and conduct the proceeding to give the verdict and the admn/HR will decide on the punishment as per service rules.
Asawaree
Social worker
former associate of Stree Mukti Sanghatana, Mumbai.
From India, Mumbai
Asawaree
Social worker
former associate of Stree Mukti Sanghatana, Mumbai.
From India, Mumbai
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