Legal Shields at work: Women’s Rights against Sexual Harassment

Authored By: Shreya Dhawan

Maharishi Markandeshwar Deemed to be University, Mullana, Ambala

Introduction

The Indian working environment today is completely different than it was 20 years ago. Women now have better education and mindsets of the people have now changed. Now they have tasted financial independence after coming out their houses to earn for themselves and their families which was a very big deal for them once. Now, they have also tasted the joy of being self-dependent and not asking for money even for day to day needs. Like every coin has two sides, women working in almost every industry as men also have its downsides. Many males mostly those who are insecure about themselves try to assault their female colleagues in return for some favor without their consent. Women of our country have faced the issue of sexual harassment and men treating them like objects at every aspect of life and their workplace is no less.. Many cases of these kind of acts has been seen due to lack of respect for women at their workplace and not trusting them for their work or it can be because certain men cannot accept that women can now be on the same level at work as they are in almost every industry. Article 15 of the Indian Constitution clearly states that the government can and should make any provision for the protection of any weaker section or for women.

Not Just a Moral Wrong: Why Sexual at Workplace Harassment Required a Separate Statutory Response

Article 14 of the Indian Constitution stands for equality and that all the people irrespective off their gender, caste, creed color and religion should be treated equally. Like men, women also have equal rights to work and earn their livelihood without facing any assault. Any country which cannot respect and give equal rights to its women cannot prosper.

The first case of sexual harassment in India that gained the most attention by the judicial systems came in the year 1997. Before this the women could only file complaint under IPC and other relevant laws that we will discuss but there was not much focus on the damage that the harassment at the workplace can do to women. It can have a negative impact on their performance and they cannot work up to their full potential as it can affect them mentally and emotionally too. The change in the structure of laws that governed sexual harassment at workplace was felt after the historic judgment of Vishakha and ORS V. State of Rajasthan (1997). This judgment is considered historic as this was the reason Indian courts felt for the first time, the need to establish special provisions regarding safeguarding women at their workplace and hence it led to the making of VISHAKHA GUIDELINES which were further made into Sexual harassment of women at workplace (Prevention, Prohibition and Redressal Act,2013).

The case was about a social worker working in Rajasthan and during her work, she was trying to stop a child marriage when she was brutally gang raped by the people of Gujjar community stating that being a women and a person form the lower caste, she had no right to tell them not to get the child married. Bhanwari Devi, after this filed a case in Rajasthan High Court but it let the accused free. This led to filing of the petition by the a social group in Rajasthan demanding the rights for the working women against sexual harassment under Article 14, 19 and 21 of the Indian Constitution. After this petition was accepted by supreme court, it led to making of Vishakha Guidelines and he definition of sexual harassment was also given for the first time. It can be any unwelcomed sexual remark or behavior done by any person working with the women or demanding any sexual favors from a woman. Showing her pornography without her consent was also considered sexual harassment.

Types of sexual Harassment at workplace

The term ‘sexual harassment’ has been described under the POSH ACT and it can include any unwelcomed sexually inappropriate conduct by the employer or any person working in the workplace of a woman. This is a broader term and can include many acts but the sexual harassment can be majorly classified into the following types:

(a) Give and take arrangement– This type of sexual harassment involves asking for any kind of sexual attention or favors from a woman working in any workplace by an employer or a colleague. For example, an employer offering a bonus to a woman in return for sexual favours.

(b) Creating an intimidating work environment- When a woman is harassed by creating an intimidating work environment that leads to affecting her performance at work. This can involve spreading rumors about her sex orientation or sexual life, passing inappropriate comments which make her uncomfortable etc.

From Courtroom Norms to Statutory Protection: Reimagining Vishakha Guidelines

CEDAW (Convention on Elimination of all types of discrimination against women) is an international treaty of the United Nation which was made with the primary view of removing any type of gender biasness against women on a global level. Vishakha Guidelines were made with a similar motive, taking reference from this treaty. Following are the main provisions added in the Vishakha guidelines-

Employer was held responsible for ensuring no woman is being sexually harassed at workplace and he has to take every possible measure to ensure it.
The term ‘sexual harassment’ was elaborated for the first time.
There has to be a manner in which the complaints of such women suffering could be properly heard and resolved and this was made the responsibility of the employer.
A special counselor, support committee or support service can be appointed if deemed fit with assured confidentiality of the victim.
Employer was also given responsibility to be extra sensitive towards the female employees and he should take all necessary steps to support the victim.

These guidelines were later converted into a penalized form that is known today as Sexual Harassment of women at workplace Act 2013. This was done because of the increasing cases of sexual harassment, the need for a more structured and descriptive code for the protection of women.

Under the act, sexual harassment has been properly defined under section 2(n).It includes the women working in all the sectors like public, private, domestic, be it organized or unorganized. This act also mandated for every company or workplace which has a certain number of female employees to appoint an internal committee and a Local Committee. Clear timings for dispute resolution are also mentioned unlike in the Vishakha guidelines. Provisions for appeals to be filed in case of non-satisfaction of the victim are also mentioned and confidentiality has been specifically talked about in section 16.

Vishakha guidelines were judicially framed but the act is framed imposed by the Parliament. Today, after there has been a particular provision of protection of women at workplace, they are no more afraid to step out of their housed to fulfill their dreams. Working women are also provided many additional benefits like paid maternity leaves, equal remuneration for equal kind of work to ensure that they can no more be exploited. If the country has to grow it has to give half of its population the treatment and facilities to grow and help in its growth.

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