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Sexual Harassment

At-Work Sexual Harassment

Regardless of the occupation they hold, sexual harassment is a widespread issue that affects all women worldwide. However, because the legal system is inactive, nothing is done to protect these women. Not only that, but women who live in those nations with advanced legal systems also deal with issues like being fired from their jobs, being made fun of, social pressure, promises of desired promotions, etc. that leave them speechless. Sexual harassment is used to remind women that they are inferior to males and is about male power over them. These male attitudes present the biggest obstacle to reducing sexual harassment in a society where violence against women is used as a demonstration of the patriarchal ideals at work. One out of every three working women experiences sexual harassment, according to studies.

This issue affects all nations today. No female employee is secure, and they lack a sense of security. Many nations' laws have undergone changes to better protect female workers from sexual harassment. Power dynamics at work make sexual harassment worse and are rooted in cultural norms. Legal changes have little chance of being effective unless workplace sensitization is sufficiently emphasized. Workplaces must develop their own detailed procedures for handling sexual harassment. A structure and a path for redress ought to be set up beforehand rather than putting committees together after the court becomes involved.

Sexual harassment includes any unwanted physical, verbal, or non-verbal conduct of a sexual nature, including

  • Physical contact and advances
  • A demand or request for sexual favours
  • Sexually coloured remarks
  • Showing pornography
  • Any other sexually motivated behaviour, whether expressed directly or impliedly.
  • India being a democratic nation states in article 21 of the Indian Constitution that everyone has the basic right to live with dignity. However, there is no statute that addresses sexual harassment expressly. Laws are powerless to bring the victims justice. The Indian Supreme Court has heard a number of cases, but none of them have resulted in new statutes against sexual harassment. In Vishakha's case, the Supreme Court attempted to establish guidelines in 1997. These guidelines had some success because the supreme court in this instance claimed that distinct laws were necessary but that they weren't given the proper consideration.

The law on sexual harassment

    Sexual harassment is prohibited under Indian law because it infringes on women's fundamental rights to equality with men and to live in dignity under articles 14 and 21, respectively. Although there are no particular laws in India to prevent sexual harassment at work, there are some provisions in other pieces of bill, such as the Indian Penal Code (IPC), which protects against sexual harassment of women-
  • Section 294 addresses offensive behaviour and music in public spaces.
  • Section 354 addresses physical or verbal violence against women.
  • Section 376 addresses rape.
  • Section 510 deals with speaking or acting in a way that offends a woman's modesty.
  • The legislature also passed the Indecent Representation of Women Act to further protect the rights of women (1997). Although sexual harassment cases have not been addressed by this bill, several of its rules can be applied in one of two ways-
  • A person will be subject to a minimum of two years in prison if they harass another by displaying books, photographs, paintings, films, etc. that contain indecent representations of women.
  • This act's section 7 penalizes businesses that depict women in an indecent manner, such as by presenting pornography.
  • The harassed women may also file a lawsuit in civil court for torts including mental distress, physical abuse, loss of revenue from the victim's employment, etc.
  • An example of quid pro quo sexual harassment is when a woman is harassed at work in exchange for advantages and sexual favours. This might result in punitive acts like demotion and making the woman work in challenging conditions. Another is "hostile working environment," which requires employers to create a welcoming workplace for female employees and forbids sexist graffiti, sexual remarks that contain pornography, and brushing against female workers.

Sexual harassment: Indian case law

Numerous cases have been brought before Indian courts, and the verdicts in the majority of these cases have encouraged women to file more complaints than they did in the past-

    1) Apparel Export Promotion Council v. A.K. Chopra
    In this case, the Supreme Court ruled that sexual harassment is a form of gender discrimination against women and that any attempt or act of molestation by a superior qualifies as sexual harassment.

    2) Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill v.
    The definitions of modesty and privacy have been altered as a result of this case, making it illegal to harass or interfere with a woman's personal or professional life.

    3) Vishaka & others v. Rajasthan & others.
    The Supreme Court established the following rules in this case, recognizing both a private injury to a specific lady and a breach of her basic rights. These rules are important because they mark sexual harassment as a distinct type of illegal conduct for the first time. Until any additional bill in this area is passed by parliament, these are applicable to all workplaces. These are-
  • Every employer has a responsibility to give every female employee a sense of security.
  • The government should enact strict laws and regulations that forbid sexual harassment.
  • Any act of this nature should result in disciplinary actions, and criminal proceedings should also be brought against the wrongdoer.
  • This complaint system should take the shape of a complaint committee, the leadership of which must be provided by a woman, and at least half of the committee members must be female in order to prevent victims from feeling embarrassed when they discuss their issues.
  • A third party should participate in this complaint committee in the form of an NGO or other organization with experience in this area.
  • The government must receive an annual report from this committee as part of its demand for transparency in its operations.
  • Sexual harassment-related topics shouldn't be taboo in employee meetings and should be openly discussed.
  • The employer or the person in charge is obligated to take the necessary and reasonable steps to provide support to the victim of sexual harassment occurs due to the act or omission of a third party.
  • The organization is responsible for regularly informing female employees about their rights and the new guidelines issued and bill passed.
  • Employers in the private sector also need to abide by these rules; they are not just applicable to employers in the public sector.

    4) Union of India v. Medha Kotwal Lele & ors. V. Union of India
    This lawsuit aided Vishakha's case in successfully implementing the recommendations by notifying all states and union territories to provide the appropriate instructions.

Bills preventing sexual harassment

The first attempt to develop appropriate draft law was made after a few years of the Supreme Court's rules, with significant input from and pressure from women's organizations. The 2005 "Protection Against Sexual Harassment of Women Bill" was known as this. But even it fell by the wayside before being superseded by the "protection of women against sexual harassment at workplace bill, 2007," which put a specific emphasis on workplace SH because the 2005 bill was considered too broad and so difficult to administer. Because it defines aggrieved women as "...any female/persons, whether major or minor, who allies that she/they have been subject to sexual harassment," this 2007 measure was not in the spirit of Vishakha.

Additionally, there is no mention of third-party harassment in this bill, which primarily emphasizes workplace harassment. In contrast to the Vishakha guideline, which authorized criminal processes for the same, this bill regards sexual harassment as a civil dispute. Section 12 (1) of the draft bill, which stipulates that "if the charges of sexual harassment are proved to be untrue, the complainant can be penalised for it," has recently undergone changes. This clause will provide employers a new opportunity to falsify the facts in order to discriminate against women. This section has to be removed because it will discourage women from filing complaints against the perpetrator out of concern that their employers might retaliate.

The aforementioned recommendations can help the vishakha guidelines keep their original intent, but they must also make sure that their scope doesn't grow too wide and raucous.

Failure to apply sexual harassment laws

    According to the Vishakha recommendations, it is required to establish a complain committee in every workplace, however private businesses virtually ever do so, while government institutions merely do it on paper. The organizations where these committees’ function have other major issues because victims have complained that the committee members aren't even aware of their authority, duties, and responsibilities, which makes it difficult for the victim to receive justice. The employer's mentality is well ingrained because they assume that anything like this cannot occur in their workplace, which is why the women's complaint goes unanswered. She used to be made fun of, which prevented her from receiving justice or a fair hearing.

    The criminal provisions used in the majority of sexual harassment cases are sections 354 and 509 of the IPC, but these laws are only partially effective (as evidenced by the Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill decision). As a result, we can conclude that workplace sexual harassment is not strongly prohibited by law. There have been several measures developed (by the national commission for women, women's organizations, and the government), but it is still unclear which one will best accomplish the goal. The Ministry of Women and Child Development is now debating the draft Protection of Women against Sexual Harassment at Workplace, 2007 document. Women's organizations have proposed the following ideas to amend the bill-

  • To offer members of the complaints committee procedural training.
  • To amend section 11 (no action will be taken if the accusation against the respondent is false) and section 12 (action will be taken against the complainant if a local committee determines that the allegation against the respondent is false).

Measures to Prevent Sexual Harassment

A fundamental prerequisite for the implementation of any law for women in society is a shift in public opinion. By putting bill into effect, unwanted sexual behaviour is protected. All levels of employees should practice sexual harassment prevention, and it should be ensured that female employees work in a supportive environment. We advise taking the following actions in order to prevent sexual harassment at work-

  • A well-established mechanism for complaints that is in direct contact with the female employee should exist. Women shouldn't be embarrassed to voice their complaints about the difficulties they are having at work. The complaint committee should treat any complaint of this nature seriously, and action must be taken in a timely manner.
  • Women employees should not be afraid to report any sex-related harassment, and it is their responsibility to notify the complaint committee right away of any such behaviour.
  • The complaint committee has a responsibility to keep every complaint private.
  • Every organization needs to educate both male and female employees on sexual harassment. Employee comfort is increased and a hostile environment is helped by the mutual learning. The effects of sexual harassment on women ought to be covered in this training as well.
  • For the rules and procedures developed against sexual harassment to be successfully implemented, a commitment is needed from all levels of the organization.
  • Every worker needs to be aware that it is his legal obligation to give every female employee a sense of security at work.
  • He should be aware that any harassment of his female employee will have a negative impact on her well-being, self-esteem, and potential at work, as well as lead to her quitting her position.
  • Women should be encouraged to report sexual harassment if they feel it is affecting them in any way and invited to do so. They should be made aware that their complaints won't be laughed at or threatened in any way.
  • The employer should constantly be afraid of any financial or reputational loss that could result if this kind of action takes place in his organization.
    Additionally, we believe that a distinct anti-sexual harassment policy should be developed that specifically addresses this problem.
  • The committee must always be fair while dealing with different members of the organization. For instance, if the accused is a senior executive or partner, strong action should be taken against him and not only an explanation for his position.

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