SEXUAL HARASSMENT AT WORKPLACE

ABSTRACT 

We are quite ahead of our old times, People have made their commitments towards modern science and art. The question arises is that, Has our world is committed towards modern thinking or not? Gender discrimination has always been a universal backdrop. This issue has become an international issue. The gender bias issue especially the case of sexual harassment which has spread all across the workplace like a man made virus that eats the mental peace of a female and has been disclosed in front of the world very prominently nowadays. 

INTRODUCTION

Sexual harassment is a harassment that involves unwelcome behaviour typically sexual or mental including both direct or indirect acts which comprises variety of inappropriate behaviour. These Acts start as asking for physical or sexual assistance, displaying pornographic content, displaying any other unwanted physical verbal or nonverbal sexual conduct or making any obscene remarks. 

Intimidation, harassment, and violence have no place in a democracy- MO IBRAHIM

We are in the 21st Century, Where we have equally educated and skilled women as men in India. Women are no longer walking behind in men’s shadows instead they are running faster than men in the race for success in the heights of achievement in the corporate world which was once known as a male-dominant industry. Even though women are working at the same position as men, The superiority of being a male never goes in vain. To prove this superiority in front of women and to build an amount of fear inside a woman’s mind, Women are sexually harassed at their workplace. The headlines of women being sexually harassed have become so common in the eyes of the world that it doesn’t seem to be surprising anymore. 

The constitution of India protects every Indian citizen with the right to life, Where one’s human right which is underpowering is the right to equality. In the world of gender discrimination, the right to equality and the right to profession is being violated by men in these workplaces, which targets the dignity of women. Violating these rights is the same as violating human rights. Sexual harassment at the workplace has often been determined by men as male behaviour or has reinstated as harmless flirtation towards women just to showcase the power they inherit being a male. 

Not only sexual behaviour is an infringement of our constitutional fundamental rights as a woman under Article 19 (1) (g) of the Constitution of India “Freedom to practice any profession or to carry out any occupation, trade or business” it substantially also states that it is the right of both genders to practice any profession or occupation they want to and they should not be barred from it by committing the act of sexual harassment. The Constitution of India has also stated the the articles to protect one’s right to equality and dignity and personal liberty in Articles 14,15 and 21 of the constitution.

The hierarchy to maintain a men-dominated society where women should not be standing as high as men makes them fearless and guilt-free about the crimes they commit where the responsibility solely stands on the victim.

BACKGROUND 

In India, Women have been sexually harassed and assaulted since the Mughals invaded our country. Sexual harassment has always been a major challenge faced by most women in their lives. The question arises what made our constitution bring out such an Act? How was the Act of sexual harassment constituted? 

The landmark case of Bhanwari Devi opened the eyes of the law of our country. This case led to the birth of the Prevention of sexual harassment Act, which has been a boon for every working and independent woman.

India in the 90s opened gates for reaching economic heights and during that period many women were adding to contribute towards the nation’s economy as well as focusing on their personal life and professional growth. Apart from this, an incident took place that changed the whole workplace environment known as Vishakha Judgement. In 1992, Bhanwari Devi was a Dalit social worker in Rajasthan who was employed as a Saathin in a government’s Women’s Development Program where she raised her voice to put a stoppage on a child marriage for which She was gang raped by men to show her the consequences for going against their community rituals. Bhanwari Devi faced innumerable challenges and blockages while filing legal procedures under the threats of the accused men. The accused were not found guilty by the Rajasthan jurisdiction and the justice was denied which led to the formation of the VISHAKHA GUIDELINES, This historical event enraged a women’s organisation namely Vishakha and others who all contributed together to file public interest litigation in the Supreme Court Of India. This Case of Bhanwari Devi centred the attention of The SC where the need for domestic law to occupy the field of profession and occupation and to formulate harsh enforcement of laws against sexual harassment at any workplace across the Nation

Thus in the year 1993, Article 253 enabled the Parliament for the enactment of laws for implementing the international convention, the ‘Convention on the Elimination of All Forms of Discrimination against Women’ (CEDAW), It is an international legal agreement between many Nations that is specifically cremated to prohibit any kind of discrimination against women and girls and to advance their equal rights, played a significant role in the formulation of the Vishaka Guidelines.

In the landmark judgment of Vishaka vs. State of Rajasthan, Supreme Court of India legally brought the guidelines together based on the Rights of equality and personal liberty accorded under the Indian Constitution and by the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

It mainly constitutes:

• Definition of sexual harassment.
• Commencement of institutional rules and regulations to prevent sexual harassment in the workplace.
• Prioritizing the preventive measures.
• Provision of for giving importance redress mechanism.

WHAT IS SEXUAL HARASSMENT IN THE WORKPLACE –

Sexual harassment at the workplace provides an example of behaviour that is harmful to the victim’s professional life as well as their personal life is affected. The victim has no idea that an act of innocence can turn into an evil act during the workspace. It is unethical behaviour for any profession with its experience being a subjective matter. 

EXAMPLES OF SEXUAL HARASSMENT: 

1. Attempt to Rape or Sexually assault-  This includes section 354(A) and Section 375 Of IPC 1860. It involves any kind of unwelcome physical act towards the person which is without her consent. Even caressing kissing or fondling someone against her will or touching or pinching is an act of sexual harassment.
2. Unwelcome environment- Creating a disturbing environment at the workplace which is impacted on the person’s professional work and mental health is a common factor of sexual harassment at the workplace. Some examples will be stalking the victim, Invading one’s personal space or even unwelcome social invitations. Usually, Men create an environment so toxic with their counterparts to make the victim resigns from a position.
3. Making derogatory remarks- people tend to make cheap comments or remarks on one’s body or physical appearance or colour which leads the victim to struggle for stability at the workplace or even teasing someone about one’s bodily appearance. These derogatory remarks once survival almost impossible. 
4. Demand for Sexual favours- Demand or request for any sexual activity in return for providing any promotion or career advances or which is committed under threats or promises and demeaning one’s reputation by blackmailing if the person has not been submissive is an act of sexual harassment.
5. Display of any kind of Pornography- Displaying any pornography or explicit content to women without her consent or which act of such display makes one uncomfortable or showcasing any kind of sexist or offensive pictures, or posters made through any mode of communication is a serious Act of sexual harassment at workplace.
6. Any conduct which can be humiliating to women- Any Act or conduct made at the workplace which is defaming to any woman’s reputation it be a verbal or no verbal conduct present at the time of any presentation or meeting or any speech where offensive statements have been passed then such act will be an act of sexual harassment at workplace.

WHAT IS POSH ACT?

Posh means THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, The posh Act took 13 years of duration to finally come into proper Act. The POSH Act obliges employers to promote and provide a safe and secure work environment for every women employee. The Act legally obliges the employer to safeguard and protect the women who are subjected to sexual harassment which is comprehensively incorporated in the Vishaka Guidelines by following each guideline thoroughly. 

The POSH Act emphasises the requirements for composing specialised committees at every workplace to bring attention towards the victim or to hear and address the complaints that are grieved by the victims of sexual harassment at the workplace. However, Supreme Court lf India similarly to the Vishaka Guidelines’ implemented the sexual harassment Act as POSH Act, 2013.The Committee commenced at the workplace Internal Complaints Committee where after Redressal of the issue strict action should be taken against the accused.

Hence, the Supreme Court taking the complete consideration of the VISHAKHA GUIDELINES has implemented The POSH Act,2013.

COMMITTEES CONSTITUTED UNDER THE POSH ACT,2013

Every workplace must have an Internal committee if not then that particular workplace can be penalized for not constituting an internal complaint committee.

Internal Complaints Committee

As per the POSH Act, if an employer has 10 or more employees, he is required to set up an Internal Complaints Committee for the redressal of ‘sexual harassment complaints at such entity and to regulate and administer complaints regarding sexual harassment. An Internal Complaints Committee is to be constituted which will submit an annual report to its employer and District Officer. Every workplace must have an Internal committee if not then that particular workplace can be penalized for not constituting an internal complaint committee.

In the headlines, we see usually all the time that a particular reputation workplace or a public figure is accused of sexual harassment charges. This reciprocates how the particular workplace perceives itself. Although many people wish not to admit it yet sexual harassment at the workplace has become very common.

Every organization should take it upon themselves to have an environment that is free from such kind of filthy behaviour. While it is mandatory to follow the protection of sexual harassment guidelines (POSH Act) in the country thereby meeting this obligation, it is also a moral right. Wherever there are incidences of workplace harassment it will eventually cost them a bigger loss if the workplace does not maintain proper regulation.

The internal Complaints Committee shall consist of:

i) Presiding Officer: A woman employed at a senior level in the organization or workplace to work as per Internal Complaints Committee Policy.

ii) Internal Members: 2 Internal Complaints Committee members to be selected from among employees who are women-oriented or have social work experience or legal knowledge.

iii) External Member: External members of IC to be from non-governmental organizations or associations women women-related or persons familiar with sexual harassment issues.

Note: The Presiding Officer should be a woman employed at a senior level in the organization or workplace to work as per the Internal Complaints Committee Policy.

iv) 50% Women: At Least one-half of the total members nominated to the IC must be women.

Local Complaints Committee 

Local Complaints Committee (LCC) is a body assigned according to Section 6 of the POSH Act. The LCC is a major part of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 otherwise known as the POSH Act. This law was established to tackle the problem of sexual harassment of women in places of work and also provide for prevention, prohibition and redressal mechanisms for such complaints.

There should be a minimum number of five members in the Local Complaints Committee, with 50% of them being women. The LCC shall be constituted by:

Chairperson: An eminent lady in the field of social work who is dedicated to the cause of women.

Reporting: An annual report is supposed to be prepared by LCC indicating the number of complaints received against employers during its course of operation and how they were dealt with. The employer on its part shall forward a copy thereof to the district officer.

PREVENTIVE MEASURES-

Every employer or person in charge of the head of every workplace place whether in the public or private sector, should generate appropriate steps rules and regulations to prevent sexual harassment at the workplace and to provide a safe and secure environment for every employee or worker. 

Preventive measures that should be opted by the authorities-

1)All employers or persons in charge of the workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment.

2)prohibition of sexual harassment at the workplace should be mannerly circulated in appropriate ways.

3)Government bodies public sector bodies and private bodies with their disciplinary Rules should also include the consequences that will be taken against any violation of the POSH Act.

4)work conditions should be appropriate concerning work, safety, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no employee should feel that the person is working in a hostile environment or any harm can be done to any employee.

5)The authorities should create awareness on a habitual basis like conducting seminars and workshops regarding sexual harassment to ensure that every employee should be aware of their rights

6)The employers should take action and redress any complaints they receive from their employees and strict penalties should be charged against the offenders.

CONCLUSION 

India is becoming a vast market for all the public and private sectors contributing immensely towards the economy of our Nation. 

Our constitution has provisions for gender bias and the right to equality but still, our nation’s females are not completely safe from sexual harassment in our society. Females in India are still suffering from sexual harassment in the workplace to a large extent. 

Though the scenario is changing in today’s society, it is a fact that many victims of sexual harassment do not mean to report their experiences due to the various pressures and threats they are under. People tend to resign from their positions for fear of defamation or getting molested because of the hostile environment and losing their opportunity to move towards their goals and be successful at a senior level.

With the male-dominated workplaces,  gender and sexuality are more fluid and can be acknowledged today, Men and members of the LGBTQIA + communities are also liable to gender equality and protection towards sexual harassment at the same level as guidelines made for women. Monitoring and speaking up for oneself plays a major role as an individual. Posh Act should be included in every policy as a security and provide equitessenial right to provide every employee including every gender our our Nation.

REFERENCE 

[1] http://itk.ac.in last visited on 28th June,2024

[2] http://wcd.nic.in last visited on 28th June,2024

[3] http://thehindu.com last visited on 28th June,2024

[4] http://primerus.com last visited on 28th June,2024

[5] http://ibanet.org last visited on 28th June,2024