CRIMINAL JUSTICE SYSTEM: POSITION OF WOMEN AT THEIR WORKPLACE BY - PRABHJOT KAUR
CRIMINAL JUSTICE SYSTEM: POSITION OF WOMEN AT THEIR WORKPLACE
AUTHORED BY - PRABHJOT
KAUR
B.A., LLB (10th Sem)
Abstract
The
Indian Constitution grants the right to equality to both men and women. They
both were equally entitled to right to choose their profession or work area.
But in reality women's were discriminated at their homes and outsides their
homes. In this article we will discuss about the safety of women's at their
workplace and define the workplace safety and various forms of harassment and
discrimination. We will also discussed about the various kinds of challenges
faced by the women employees at their workplaces. Sexual harassment at
workplace is a hard reality which is faced by girls or women's day to day life.
Women's were suppressed by the men's or by superior employers.In this article
we will also explore how laws are tackle with such kind pf offenses that are
occurred at workplace with landmark judgments.
Introduction
Basically,
Criminal justice system(CJS) is a term which is widely used to explain how to
deal with crimes and which initial steps can be taken to reduce the rate of criminal cases. It is a
system which penalize those who perform anti social activities in the
communities. National and local government follows the rules of Criminal
justice system so that the unwanted crimes can be prevented. No doubt, Criminal
justice system (CJS) is an effective
system but despite of it’s
effectiveness, somewhere it comes up with global issues that are related to the
position or status of the women’s at their workplaces. Nowadays, various crimes
are continued to be occurred with women’s such as domestic violence, sexual
harassment, sexual assault , stalking, intimidation, rape, attempt to rape,
cruelty, pay disparity or discrimination and others. These kind of cases are
not just responsible to degrade the dignity of women’s status at their
workplaces but also responsible for the concept of gender inequality. It can be
noticed that the burden of preventing such kind of offenses is solely on the
shoulders of the CJS but this system is totally failed to address the risk
factors of certain crimes related to females. Due to the acceleration of these
crimes, there might be no place which can be considered safe and comfortable
for women either it is their workplace or their homes. In this article, all the
challenges which are faced by the women’s regarding their safety will be
discussed and also the legal frameworks will be explained with recent
judgements.
What is safe
Workplace?
A
safe workplace is a location where a worker feels secure, respected and free
from any kind of harassment, discrimination and also ensuring a safe
environment where employees work without any risk related to their safety and
security. Organizations are accountable for safety of the employees. In order
to deal with the female colleagues this safety becomes first and foremost
priority for the organizations. Women’s safety involves strategies and policies
that taken place before violence has occurred to prevent perpetration or
victimization.
Challenges
faced by women’s at their workplace –
v Discrimination
Discrimination
takes place when one employee is treated less favorably than the other based on
their gender. There are various kinds of discrimination prevailing in
workplace.
Ø
Gender discrimination- when
employee is mistreated because of their gender.This kind of discrimination may
lead to sexual harassment and unequal wages
Ø
Racial discrimination- This
discrimination occurs when an employee intentionally or unintentionally ignored
because of their race.
Ø
Disability discrimination- It can
be happen in workplace, society,
participation events.Due to their physical incapabilities, disabled persons are
ignored by the organizations.
v Sexual harassment:
Harassment is the main factor which gives mental trauma to a person.Unwelcome remarks,
comments about person appearances or clothing, vulgar gestures are often seen
in the workplace, that makes a hostile environment for women’s. There is one viral movement which is known as
“Me too” movement was founded in 2006 to survivors of sexual harassment, to find pathways to healing.
Vishaka vs State of Rajasthan (1997): It is a landmark judgement in which
supreme court provides a guidelines for workplaces sexual harassment.
v Physical Assault:
The multiple number of violent cases against a women requires a urgent
attention. Physical assault is one of the serious threat to the women’s .It can
be compared with the bodily harm or trauma i.e. hitting, punching, slapping
etc.There are various laws enacted by the legislature which are concerned with the
Physical assault:
o
Bharatiya Nyaya Sanhita, 2023: Punishment for assault is
given under sec 131 of BNS, whoever assaults or uses criminal force to any
person shall be punished with imprisonment or three months or fine or both.
o
Protection of women from Domestic
violence Act (PWDVA), 2005:
This act protects the women from domestic violence. It also provides a
protection and support to women’s who are facing physical abuse and assault,
promoting their well being.
Lalita kumari vs Government of
UP(2013): In this case supreme court held that registration of FIR is mandatory
in assault cases.
v Bullying and intimidation:
Bullying is a also a one of the form of harassment. A bullying can be done by
co-worker, customer, director, manager. It is a repetitive insulting of one
person by the another person or group of person. People who are suffered from
bullying may experienced from stress, anxiety, lack of confidence etc
Both bullying and intimidation
are the acts of harassment. Intimidation-includes the yelling or screaming ,
insulting a worker in front of co workers or clients Bullying and Intimidation both creates a
inhuman environment for the workers .Women’s often faced bullying and
intimidation by male colleagues who takes privileged of their dominance.
v Limited opportunities:
Globally, women have lesser opportunities for participation than men. Reasons
behind’s that women are barred from participating in decision making or
guaranteeing equal work opportunities.It can be seen that women are more
skilled than the men but despite of that women continue face a challenges that
obstruct their professional development.
v Lack of support system:
Women have less access to senior leaders who provide guidance or support.Due to
lack of network system it puts a significant impact on women’s career
development.There must be a efficient support system where women employers
recognize and address the problems they faced, especially when it comes to
health and safety.This absence of effective support system can be one of the
reason behind the discrimination or harassment or career stagnation.
v Pay Disparity:
It
usually occurs when employees indulge in same kind of work but paid
differently. It can be based on various aspects such as race, gender, job
status, ethnicity.
LEGAL
FRAMEWORKS FOR PROTECTION OF WOMEN AT THEIR WORKPLACE:
Laws are made equally for everyone, but the existing laws for women's
in india continue to be discriminatory and detrimental. To improve the women's
safety at their respective workplaces, there is a need to strengthen the legal
frameworks, enhancing awareness and transparency and ensuring enforcement of
existing laws.There are various laws are made for women’s safety and
protection:
v Indian
Constitution:
Article 14 guarantees all
citizens the right to equality, there should be no discrimination on the basis
of gender,caste, religion and Article 15 are prohibited state from any kind of
discrimination
v The sexual
harassment of women at workplace Act, 2013
This act provides a safe working environment for women by establishing
a Internal complaint committees (ICC) under section 4 of this act. It consists
of four members, two members from amongst the employees preferably a women with
experience in social work. Penal consequences of indulging in acts of sexual
harassment are required to be displayed at the workplace.
v The equal
Remuneration Act, 1976
This legislation ensures the equal wages fir both men and women if they
were doing the same work. Article 39 of the constitution provides that there is
a equal pay for equal work for both men and women. This act was also passed for
the prevention of discrimination, on the grounds of sex, against women in the
matter of employment. Under this law appropriate government shall constitute
one or more advisory committees to advice.
v Indian Penal
code, 1970
Section 100 provides that every person including a woman has the right
to protect her body from any violence, attack or assault which can direct the
apprehension of death, grievous hurt etc. The criminal law (Amendment act
Section- 354A penalize sexual harassment. Offender’s can face imprisonment of
up-to 3 years or fines, depending on the severity of offenses.
v Factories act,
1948
Sec 66(1)(b) of this act prohibits the work of women during night
shift. The aim of this act is to protect the safety of female workers during
their night time work.
v Legal
services authorities act, 1987
Under this act legal service authority is established at centre, State
and district level. When women face any kind of harassment then they have the
opportunity to attain the legal support from such authorities even when they
are financially unable to provide the fees.
Landmark
judgements related to workplace harassment
Ø Kolkata rape
case
It is a recent case, in which trainee doctor was found raped and murdered
in R.G. Kar Hospital, Kolkata on 9th of
august, 2024. She was went to the seminar hall for taking some rest after long hours duty in hospital where she
was raped and murdered by Sanjay Roy
who is considered as a prime accused and a civic volunteer. In this case
ex-Principal of R.G. college was also arrested .On 18th august Kolkata high
court referred the case to CBI. Court noted the serious question about the safety
of women at their workplace. CBI provides the report in which BNS section
64&103 are involved i.e. rape (10 years imprisonment)& murder( death
penalty or life imprisonment) . On 14 sept CBI arrested RG kar principal Sandip
ghosh and Kolkata police officers for over-delays in registration of FIR and
missing evidences.
Ø Vishaka vs
State of Rajasthan 1997
In 1992, Bhanwari devi, a social worker of Rajasthan was gang raped
because she was trued to stop the child marriage held in town. Accused was
acquitted at district and session court. Then PIL was filed collectively by
various organizations under a common platform- Vishaka, in PIL they were
demanding certain guidelines for protecting omen from sexual harassment at
workplace. SC held that such act would be the violation of fundamental rights
of women i.e. article 14 - Right to equality and article 15 – Right to life and
liberty. Supreme court also provides the guidelines for women's workplace
safety;
·
It should be the
responsibility of employer for preventing such crimes at their workplace.
·
There must be a
complaint committee at workplace who redress the complaints of employees.
·
Committee should be
headed by women employee only.
·
Half of the members of
the committee are women and provide advice and assistance to sexual harassment
victims.
Ø Rupon Deol
bajaj vs KPS Gill 1995
In this case senior IAS officer was sexually harassed by a superior
officer by molested her modesty by patting her posterior during a party,where
he was alleged of sec 354 and sec 509 under Indian penal code.High court reject
the case because of insufficient evidences. In 2005, Supreme court upheld the
charges and convicted KPS Gill for their acts.
Conclusion
It
can be concluded that women's are not safe in this democratic country. They
were faced a discrimination at each and every place whether it is their home or
their workplace. Women's are the most important factor for ensuring the
development of country. But they were always suppressed by the mens or
society.New criminal law Bharatiya Nyaya Sanhita , if someone engages in
intercourse or lures another person for sexual favors under the pretense of
employment, this act is now criminalized and equated with rape.There must be a
one internal complaint committee was
established in every workplace which aid the complainant to file a FIR for
justice.There must be a implementation of better policies and laws for safe and
sexual harassment free workplace.Criminal justice system provides moral support
he victims and investigates the crime as soon as possible. The main aim pf the
criminal justice system is to ensure that every person who suffers any injury
is allowed to seek justice.There must be a strict implementation of the laws.
References
https://www.aclu.org/issues/womens-rights/women-and-criminal-justice
https://www.ohchr.org/sites/default/files/Documents/Publications/training9chapter11en.pdf
https://
www. manupatra.com