This Article is written by Versha Singh. (3rd-year law student, pursuing B.A., LL.B (Hons.) from Amity University, Lucknow)
Introduction:
Sexual harassment at the workplace has unfortunately become a widespread problem.
The Supreme Court of India defined Sexual Harassment as any unwelcome sexually determined behaviour (whether directly or by implication) such as[1];
1. Physical contact and advances,
2. A demand or request for sexual favours,
3. Sexually coloured remarks,
4. Showing pornography,
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
It is a growing problem in the country and all are trying to come up with the best to get rid of this problem through the adoption of new policies. The definition of sexual harassment varies from person to person and from jurisdiction to jurisdiction. The definition of Sexual Harassment, in general, can be “any unwanted or inappropriate sexual attention. It may also include physical touch, looks, comments, or gestures”.
Sexual harassment is amongst those offences against the women of the society which discourages them from actively participating in social and economic activities.
In the year 1997, the Hon’ble Supreme Court of India recognised ‘sexual harassment at the workplace not only as a violation of human rights but also as a personal injury to the one suffering. In the landmark case of Vishaka and others vs. the State of Rajasthan, the apex court laid down certain guidelines for the preventing and redressal of the complaints made by women who were sexually harassed at workplace. The Guidelines entrusted the employer with the obligation to provide a safe and woman-friendly environment.
Some noteworthy complaints of Sexual harassment at the workplace that came into the limelight were filed by:
1. Rupan Deo Bajaj, an IAS officer in Chandigarh, against ‘Super Cop’ K.P.S. Gill.
2. An activist from the All-India Democratic Women’s Association, against the environment minister in Dehradun.
3. An Airhostess against her colleague Mahesh Kumar Lala, in Mumbai
In our country before the Vishaka guidelines, no law was there to deal with the complaints of sexual harassment at the workplace. The Vishaka guidelines were comprehended from the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
Vishaka Guidelines Against Sexual Harassment at Work Place:
There are certain guidelines and norms laid by the Apex Court of the country in the landmark case of Vishaka and others vs. State of Rajasthan and others, they are:
It is mandatory for all the employers in workplaces as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women.
There are certain duties of the employer or other responsible persons in workplaces and other institutions, they are:
to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
Preventive Steps:
All employers or persons in charge of the workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment, and without failure under obligation to take the following steps:
a. Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated inappropriate ways.
b. The rules of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
c. As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the industrial employment (standing orders) act, 1946.
d. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Criminal Proceedings:
1. Disciplinary Action
In cases where the conduct amounts to misconduct in employment with reference to the rules laid down in the bylaws of the respective institution, he needful appropriate disciplinary action should be immediately initiated by the concerned person (s) with respect to those rules.
2. Complain Mechanism
in case any employee complains about a case of sexual harassment or any kind of misconduct, it is the duty of the concerned authorities to follow the appropriate complaint mechanism in the employer’s organization for redress of the complaint made by the victim.
India And Sexual Harassment:
According to the Constitution of India, the criminal offence of sexual harassment violates the fundamental rights of a woman mentioned under Article 14 and Article 21.
After multiple complaints and PILs, we now have a specific action for dealing with the cases of Sexual Harassment of Women at the Workplace. Few other legislations which try to prevent sexual harassment are the Indian Penal Code, the Indecent Representation of Women (Prohibition) Act, 1987, the Industrial Dispute Act, 1947 and the Factories Act, 1948. The Protection of Human Rights Act, 1993 should also be considered as the rights of women are also human rights and need to be protected at any cost.
Other than these remedies from the above-mentioned Acts, the victims of sexual harassment can approach Civil Courts for tortious actions which may include mental anguish, physical harassment, depression, loss of employment, etc.
There are different kinds of sexual harassment, and they can be classified into two types:
1. Quid pro quo- in cases where a woman is sexually harassed for work benefits.
2. Hostile working environment which is a positive working environment where sexual harassment is prohibited and it is the duty of the employer to provide the employee with such an environment.
Conclusion:
The implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has been a great initiative but it still like any other law or legislation it also has certain loopholes and issues,
they are stated as follows:
if a male employee ever goes through sexual harassment, he will not be able to claim relief under the respective legislation. The law talks about the formation of the ICC for redressal of complaints, but the legislation is very vague in respect of the ICC regarding its constitution, the setting up of an ICC in every branch and office is a very expensive affair. The ICC includes only personnel from the company itself, there needs to be an individual who is not related to the company at all in the committee, this individual should be knowledgeable in terms of law or women’s rights, such an appointment makes the decision a favourable one.
It is certainly an achievement from having no mechanism for redressal available to a woman to a very potent and robust mechanism available for redressal. A depth view of the topic makes us realise that any law cannot be unidimensional. And a law as revolutionary as sexual Harassment of Women in the Workplace has had huge social implications. What I feel is that this law is certainly a step in the right direction. What it requires are public awareness, sensitivity and robust implementation. I think when any incident happens people should not become judgemental against the woman or the man. The due process should be followed.
About the publisher:
https://www.linkedin.com/in/ayush-chandra-70372921b
[1]http://www.legalservicesindia.com/article/2114/Sexual-Harassment-of-Women-at-Workplace.html
