April 27, 2012 to come within the meaning of
sexual harassment as defined in Sexual Harassment of Woman at Workplace
(Prevention, Prohibition and Redressal ... harassment within the meaning of Act 2013 or not.
8
As noted herein Section 9 speaks of a complaint of sexual harassment as
defined
said act cannot fall in the definition of sexual harassment as
defined under Section 11 of POCSO Act. It was further contended that in
fact ... accused. Now
question arises as to whether this act amounts sexual harassment as
defined under Section 11 of POCSO Act or not? Section
whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to
coercing ... rightly held that the accused
Pradeep Kumar had subjected Manju to harassment as defined under Clause (b)
of explanation to Section
right of gender equality and guarantee against sexual harassment and
abuse, more particularly against sexual harassment at workplaces until
enactment of a legislation ... sexual harassment and to provide the procedure for resolution, settlement or
prosecution of acts of sexual harassment. Sexual harassment was defined to
include such unwelcome
solitary incident
cannot be interpreted as sufficient evidence of cruelty or
harassment to attract S.498 AIn a single incident incessant,
persistent and sufficiently ... JUDGMENT
(G) .......
(H) .......
(I) Indian Penal Code, 1860S.498AHarassmentNot defined in
S.498 ATo subject some one to unbearable, continuous
whether mental or physical) of the
woman; or
(b) harassment of the woman where such harassment
is with a view to coercing ... rightly held
that the accused Pradeep Kumar had subjected Manju to harassment
as defined under Clause (b) of explanation to Section
complaint of sexual harassment with the appropriate authority. There
7
is no committee constituted to look into the complaint of sexual
harassment.
In Vishaka ... sexual harassment.
Without prejudice to the generality of this obligation they should take the
following steps:
(a) Express prohibition of sexual harassment as defined above
Admittedly, accused is charged for sexual harassment, which is
defined under Section 11 of POCSO Act. Since accused has not been
charged ... prosecution has to prove its case beyond reasonable doubt.
12. Sexual harassment is defined under Section 11 of the Act.
Certain acts as recited
Evidence Act. However, it has been defined in Section 498A
of IPC in which also "cruelty or harassment" is essential. The
explanation ... cruelty and
harassment."
In order to attract the provisions of Section 304B of the
IPC the cruelty or harassment as defined must be meted
such offences and for matters connected therewith or incidental thereto.
Sexual harassment is defined under Section 11 of the POCSO Act. The
relevant portion ... Page 10 of 18
State Vs. Ankit Dubey
11. Sexual Harassment - A person is said to commit
sexual harassment upon a child when such person
