EXCERPTS FROM THE SEXUAL HARASSMENT ACT, 2021

THE Sexual Harassment (Protection and Prevention) Act, 2021, which took effect on July 3, is being hailed as an important piece of legislation for ushering in concrete measures to protect the vulnerable and promote cultural change to end sexual harassment.

Here is an excerpt from Section 11 as it relates to sexual harassment in relation to accommodation, in the landlord-tenant relationship.

11—(1) A person shall not sexually harass another person in the course of providing or offering to provide (whether as principal or agent) accommodation to that other person.

(2) A person shall not, in the course of providing or offering to provide (whether as principal or agent) accommodation to another person, make it appear to the other person that—

(a) any term or condition upon which the first mentioned person offers the other person accommodation;

(b) any preferential treatment or advantage in relation to the acceptance and processing of an application for accommodation;

(c) any advantage in relation to the pricing of, or the access or the extent of access to any benefit connected with, the accommodation; or

(d) the failure to evict the other person or to subject that other person to any detrimental treatment in relation to the accommodation, is contingent upon the other person’s acceptance of or submission to sexual advances from the first mentioned person.