Sexual Harassment in India

Sexual harassment in India is termed "Eve teasing" and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. According to India's constitution, sexual harassment infringes the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution.[ Although there is no specific law against sexual harassment at workplace in India but many provisions in other legislations protect against sexual harassment at workplace, such as Section 354, IPC deals with “assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with “word, gesture or act intended to insult the modesty of a woman.

Sexual harassment in the workplace is one of the most complicated areas of employment law. It is also one of the areas that has recently received the most press.

Two Types of Sexual Harassment in the Workplace

There are two types of sexual harassment in the workplace, "quid-pro-quo" and "hostile environment"
The Hostile Environment will be explained in a separate section, although where there's one, there's often the other.

Quid-Pro-Quo Harassment

"Quid-pro-quo" is Latin for "this for that." It is a trade. When the trade is on the basis of sex, it is illegal.

This is the when the employer makes sex a prerequisite to getting something in the workplace. For example: " sleep with me and you'll get the job." That's illegal. This type of sexual harassment in the workplace is the "casting couch" cliché.

Quid-pro-quo can also include