And, under Section 507 of the I.P.C., “whoever intending to assault the modesty of any woman utters any word, makes any sound or gesture or exhibits any object intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman or intrudes upon the privacy of such woman shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both.”

In the case of Vishaka and others v. The State of Rajasthan and others, reported in 1997 LIC 2890 the Supreme Court has observed that each such incidents of sexual harassment results in violation of the fundamental rights of ‘Gender Equality’ and the ‘Right to Life and Liberty’, of the working women under Articles 14, 15 and 21 of the Constitution of India. The Supreme Court has observed that, “the logical consequences of such an incident is also the violation of the victim’s fundamental rights under Act. 19(1)(g) “ to practice any profession or to carry out any occupation, trade or business”. The Supreme Court has proceeded to observe, “Equality in employment can be seriously impaired when women are subjected to gender specified violence, such as sexual harassment in the work place.”

The Supreme Court referred to the other Articles of the Constitution and also to the International Convention and Agreements and Their Lordships observed “Gender equality includes protection from sexual harassment and right to work with dignity which is a universally recognized basic human right. The common minimum requirement of this right has received global acceptance. The International Convention and norms are, therefore, of great significance in the formulation of the guide-lines to achieve this purpose.”

The Supreme Court cast a duty on the employer to interalia, “prevent or deter the commission of act of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.”