SEXUAL HARASSMENT AT THE WORKPLACE: A PERSISTENT THREAT TO WOMEN’S RIGHTS AND EQUALITY BY - ANJANEE GOEL, JATIN KUMAR VERMA & ZULBAB HAIDER
SEXUAL
HARASSMENT AT THE WORKPLACE: A PERSISTENT THREAT TO WOMEN’S RIGHTS AND EQUALITY
AUTHORED
BY - ANJANEE GOEL[1],
ABSTRACT
The
researchers delved into the society's mindset on women's treatment in this study
paper. This research looks at the widespread problem of women being sexually
harassed at work. Aside from being a violation of women's basic rights and a
violation of the constitution, sexual harassment in the workplace is one of the
most common forms of violence against women in India.
With
reference to some of the most significant recent examples, this paper examines
the various manifestations of harassment, such as unwanted physical contact,
verbal abuse, and unwanted sexual approaches. It highlights the detrimental
effects of harassment on women's mental, emotional, and professional health,
emphasising elevated levels of anxiety, despair, and discontent with their
jobs. The well-known case of Vishakha and others v. State of Rajasthan, which
led to the introduction of the Vishakha Guidelines, is also covered in this
paper. Article 141 of the Indian Constitution acknowledges the rules as law,
which were promulgated by the Supreme Court.
In
addition, this essay will discuss the most well-known example of the RG Kar
Medical College rape and murder case, which simultaneously illustrates the
crimes of rape, sexual harassment at work, and murder. The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 safeguards
women employed in both public and private sectors from all forms of sexual
harassment in the workplace.
This
paper indicates making some suggestions to the government to pay special
attention towards appointing the monitoring team to visit the government offices
as well as the private sector (unorganised) to prevent sexual harassment
against women at the workplace.
INTRODUCTION
According to the Women, Peace
and Security Index of 2023, which was issued by the Georgetown Institute for
Women's Peace and Security, India ranks 128th out of 172 nations
when it comes to women's inclusion, justice, and security. There was a 12.9%
increase in crimes committed against women in India between 2018 and 2022, as
reported by the National Crime Record Bureau (NCRB). Hostile behaviour towards
a woman is considered a felony.[4]
As one knows that the
female section of the society was cracked down by the patriarchal society where
the sole providers of the family were the male. But, with the gradual increase
in the women employees, the lewd behaviour of the male category of employees
and employers at workplace in India, inappropriate behaviour at work
environment has increased by the time. The phenomenon of sexual harassment is
intricately linked to the gender or social roles ascribed to men and women
within social and economic contexts, alongside societal perceptions of male and
female sexuality, rather than being primarily rooted in the biological
distinctions between the sexes. Sexual harassment arises everywhere and on a
daily basis; it is not a pandemic rather an epidemic.
Work environment unfitting
behaviour not just makes an undependable and threatening workplace for the
woman yet, additionally prevent their capacity to convey in the present
contending world as per the circumstances, it causes serious harm and is also
the strongest symptom of sex discrimination in the workplace. The issue of
sexual harassment in the workplace has persistently been a significant concern
globally. Nowadays, sexual harassment of women at workplace is an extremely
significant type of violence, which has been broadly defined for legal purposes
this paper shows that harassment is degrading, terrifying, and in some cases,
it can be violently physical; very often lasts a long time; and may lead to
deep job-related, psychological, and health-related consequences.
WHAT IS SEXUAL HARASSMENT?
The word “sexual
harassment” is defined under Section 2(n) of POSH Act[5].
This pertains to inappropriate sexual propositions, remarks of a sexual
character, solicitations for sexual favours, and harassment or observations
regarding an individual's gender, all of which contribute to a detrimental
workplace atmosphere. Sexual harassment frequently occurs at the hands of
individuals who hold positions of authority over the victim, including
employers, supervisors, and educators. Conversely, it can also be perpetrated
by peers within the same environment. Sexual harassment at work against women
is a prevalent and hamper situation that affects millions of women around the
globe.
Harassment pervades one's
place of work and can be classified into verbal, nonverbal, and physical
harassment. It is considered a nature that involves unwanted comments, jokes,
or questions of a sexual nature through the spoken word. It may include
unwanted gestures, stares, touching, displaying sexiest or abusive pictures,
posters, unwanted touching, grabbing, or any other physical contact. Serious
problems will arise for the victim, which can involve anxiety, depression. It
will even also hinder them at work and their interpersonal relationships and
overall life situation. Sexual harassment must not be described as a
female-only phenomenon. Although it may hit both males and females, it is more
common among females. Employees are required to prevent sexual harassment at
work by providing education, ensuring they have an attainable policy, and
dealing effectually with cases reported in case of sexual harassment. Victims
of sexual harassment should not be stigmatized or embarrassed, but supported
and believed.
Harassment to working
woman at the place has several aspects, under-payment is the main issue of
harassment. Various studies have been carried out to know the reasons of
underpayment to working woman. The reasons include their frequent absence at
the workplace due to childcare, household responsibilities, under education,
lack of training, marriage, pregnancy, in our prevailing social conditions, a
woman goes out for employment only when;
1.
The family lacks an income-generating member.
2.
The two ends fail to converge, or
3.
The income-generating individual does not provide support.[6]
Women may be found working
in any place, like manganese mines, contraction work, hotels, bank, postal
services, education, health, tourism, transport etc. Thousands of women are
working as domestic servants also. In the unorganised and services sectors
there is sexual exploitation of woman. In most of the cases no complaints are
filed. Working woman are obliged to shoulder household responsibilities. Under
the circumstances, they find no leisure to rest. Article 14[7],
of the Indian constitution guarantees equality, but woman are the victims of
social, economic cultural and legal inequality. In one case, it was held that
female teachers are entitled to the same salary as is paid to the male teachers
of the same institution. In the State of Maharashtra v. Madhukar Narain
one police inspector visited the house of Bhanubai and then demanded for sexual
favour. On refusal he tried to exploit her forcibly. During the prosecution,
the police officer’s defence was that she was a lady of easy virtue. The
defence was rejected by the court and the supreme court held that the right to
privacy is available even to women of easy virtue. It was held liable for
violating her right to privacy which is provided under article 21 of the Indian
constitution. In one case the Supreme court held that “women also have the
right to life and liberty. Women have the right to be respected and treated as
equal citizens. They have a right to lead an honourable and peaceful life.”
Types of sexual harassment
1.
Quid pro que sexual harassment – When a designated senior
demands an undesirable action from a female employee in exchange for a favour
in the return. This concept is basically called “this for that”.
2.
Hostile environment – It develops when a worker
engages in specific sexual actions on a regular basis.
Typical dynamics in
instances of sexual harassment encompass:
·
Perpetrator: employer, supervisor, colleague, client, educator or
academic instructor
·
Individual: male or female, a person occupying a subordinate position,
potentially someone other than the individual experiencing harassment, such as
an observer of sexually inappropriate conduct.
·
Location: workplace, educational institution, university, or
alternative setting
·
Gender: dynamics reveal that both perpetrators and victims can belong
to any gender, and the perpetrator is not exclusively of the opposite gender.
In contemporary society,
women encounter the pervasive issue of sexual misconduct within the workplace,
highlighting a significant dilemma we must confront.
Sexual crime percentage is
increasing day by day as by NCRB DATA. Various types of sexual crime are
discussed below.
Rape- Rape is the most common
type of crime in India a woman is rated every 29 minutes. Rape in India is a
cognizable offence. The word rape is defined under section 63 of BNS, 2023 it
defines rape and its punishment is also prescribed there.[8]
“Gang Rape is defined under, Section
70. (1) of BNS, where a woman is raped by one or more persons constituting a
group or acting in furtherance of a common intention, each of those persons
shall be deemed to have committed the offence of rape and shall be punished
with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life which shall mean
imprisonment for the remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical
expenses and rehabilitation of the victim.”
[9]
THE
#METOO MOVEMENT
The movement started one
decade ago in year 2006 by an American woman TRANA BURKE against sexual
harassment, molestation specially in the workplace. But it came into the
society in year 2017 as a big movement on the social media platform in America.[10]
When there a big star
Elice Milena tweeted in her twitter account after that woman started raising
voice on social media revealing their stories online so that people can get
awareness for this movement and they can start taking actions against sexual
harassment.
This is all about #MeToo
movement but why and how it is becoming popular in India.
It is quite evident that
India possesses a range of online social media platforms that enable
individuals to connect with one another and learn about social networking and
their lives. India is recognised as a spiritual country, yet it faces issues of
sexual harassment and sexual assault.
Being Indian, one might
observe a lack of kindness and innocence in the society. It is evident to
anyone that India is a country where women face sexual harassment and
molestation in their workplaces on a daily basis.After numerous cases of sexual
harassment, women from all walks of life united to create a widespread
movement.
The impact of sexual
harassment:
The impact of sexual
harassment is not only on the victim but also on an organization.
On the Victim
In almost every situation,
incorrect behaviour has a very substantial negative impact on the individual.
It influences a person's capacity for work, causes anxiety, discontent, fury,
and many more increasingly similar feelings of pressure, and a person lives in
a state of steady pressure. In addition, the unlucky victim feels guilty and
embarrassed (transgression), agitated, tense, or disheartened, they come to
distrust their fellow representatives. They generally speaking, avoid working.
Lack of assurance and faith in oneself and the work that they accomplish. In
addition, they suffer the negative bodily impacts of pressure, for instance,
headaches, backaches, and sleep disorders, and their public behaviour also gets
ruined a life. An increasing number of unfortunate victims suffer the
consequences of disorder of inappropriate behaviour.
On the Organization
Many people mistakenly
believe that the effects of obscene behaviour only affect the victim, however
this is untrue. It has a significant impact on the association. The entire
environment becomes unpleasant and unsuitable for coworkers, lovers, and work
relationships. likewise experience severe influence. It results in decreased
efficacy, profitability, and a decline of confidence in the workplace.
On the Society
The impact of sexual
harassment in the workplace cannot be overlooked it creates a negative impact
on the society at large. Sexual harassment may affect everyone since it creates
an atmosphere that prevents workers from thriving. Some possible repercussions
of sexual harassment at work include the following:
1.
Emotional and physical issues-
Stress,
despair, and anxiety are among the emotional and psychological harms that
victims of sexual harassment frequently experience. They frequently feel less
confident and good about themselves. Physical health issues including
headaches, nausea, weight swings, and lack of appetite and sleep might occur.
2.
Professional and financial problems –
A victim's job
performance and career path can be severely impacted by sexual harassment. Fear
and a lack of confidence can lead to some people withdrawing from their
coworkers and the office. They are more prone to disregard their
responsibilities, get distracted, and be late. Sexual harassment victims who
disclose the harassment may experience obstacles to their career progress, such
as being excluded from important meetings or passed over for promotions.
SEXUAL
HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT
2013
THE SEXUAL HARASSMENT OF
WOEMN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT 2013 was enacted
on 9 December 2013. This act was passed in the view with the case of Vishakha
v. State of Rajasthan. Before the Vishakha guidelines, the women had to
take matters of sexual harassment at the workplace by complaining under section
74[11]
and 79[12]
of Bhartiya Nyaya Sanhita.
Following a protracted
period of 16 years since the Vishakha case, the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act was enacted in 2013. This
legislation aims to establish safeguards against the sexual harassment of women
in professional environments.
It is essential to recognise that sexual harassment infringes upon women's fundamental rights to equality as enshrined in Articles 14 and 15 of the Indian Constitution. Furthermore, it undermines their right to life and dignity as articulated in Article 21, along with their freedom to pursue any profession, trade, or business. This addresses the entitlement to a safe environment devoid of sexual harassment.
Development of laws in
India regarding to sexual harassment of women work place-To date, India has no laws
pertaining to sexual harassment, not even under the constitution, IPC, or other
laws. The need for gender justice is becoming more widely recognized, and along
with this comes a greater effort to prevent these violations and a growing
amount of hatred toward sexual harassment instances.
For the first time, the
Indian Supreme Court acknowledged sexual harassment in the workplace as a human
rights violation in 1997. The pivotal decision in the Vishaka and Others v.
State of Rajasthan case formulated a framework for addressing and managing
allegations of workplace sexual harassment against women. The regulations
mandate that enterprises uphold a secure environment for their female
workforce, incorporating both proactive and remedial measures to guarantee
their safety in the workplace. Moreover, even though the Vishaka ruling has
been in effect for nearly a decade, there have been few efforts to implement
the directives. Indeed, numerous public and private organisations have yet to
amend their service regulations or form complaints committees, as stipulated by
the recommendations.
Under Article 141
of the Indian Constitution, “The law declared by the Supreme Court of India
shall be binding on all courts within the territory of India”, When a
person is sexually harassed his/her fundamental rights under Article 14
which says that “The state shall not deny any person equality before the law
or the equal protection of the laws within the territory of India”, Article
15(1) which is says that “The state shall not discriminate against any
citizen grounds only of religion, race, caste, sex, place of birth or any of
them”, Article 16(1) which says that “there shall be equality of
opportunity for all citizens in matters relating to employment or appointment
to any office under the State”, Article 19(1)(g) which allows “to
practice any profession, or to carry on any occupation, trade or business”
and Article 21 which says that “No person shall be deprived if his
life or personal liberty except according to procedure established by law”
is violated.
Below mentioned are more
Related cases: -
1.
R.G. Kar Hospital rape and murder case, 2024[13]
The brutal assault and
murder of a young and aspiring doctor within the boundary of the RG Kar Medical
College in Kolkata has sent side effect throughout the medical community and
the whole country, eclipsing over the states and the nation’s healthcare
systems.
The individual affected, a
31-year-old female, was engaged in her second year of postgraduate training
within the pulmonology department. The discovery of her body on the floor of
the seminar room within her department on the hospital campus is profoundly unsettling,
particularly in a space that should have offered her safety and the support of
her colleagues and the community she dedicated herself to serving. The
principal of the institution, having been assaulted and inadequately clothed,
was duly informed; nonetheless, no proactive measures were implemented. The
initial general diary was documented by the Tala Police Station, which
subsequently gathered 40 exhibits from the crime scene prior to the lodging of
the First Information Report with the police. An expedited inquiry was carried
out in the presence of two female physicians, as mandated by the Additional
Chief Judicial Magistrate of the Sealdah court. It disclosed numerous injuries
across the abdomen, left leg, right hand, lips, neck, genital region, along
with indications of strangulation. On the 18th of August, the Supreme Court of
India initiated Suo-moto cognisance. A directive was issued for the
establishment of a national task force comprising distinguished physicians and
healthcare administrators, tasked with formulating an action plan aimed at
preventing gender-based violence and advocating for a respectful working
environment for interns, as well as both resident and non-resident doctors.
It is our conviction that the Indian healthcare system requires a profound transformation, and the moment has arrived to:
1.
It is imperative to thoughtfully evaluate the establishment
of a universal public healthcare system in this nation by augmenting the health
budget from a mere 1.2% of our GDP to a minimum of 5% (for comparison, the US
allocates 17% and European countries range from 9% to 11%).
2.
Discontinue the alliance between politicians and medical
professionals, and eliminate favouritism and corruption in the processes of
appointments, transfers, and hospital acquisitions.
3.
Acknowledge and commend accomplishments based solely on their
intrinsic value.
4.
Vigilantly oversee the operations of both public and private
sectors, scrutinising their activities, fees, and profits, while promoting the
creation of non-profit, trust-managed organisations.
2.
Apparel Export Promotion Council vs A.K. Chopra, 20 January,
1999[14]
The respondent
was a working as a Private Secretary to the chairman of the Apparel Export
Promotion Council. The Chairman was alleged for sexually harassing the woman
employee of the Council. She was a new joiner at the company and was placed as
a typist cum clerk. A day she was asked to take a dictation even though she was
not competent to for the task, but forced by the chairman to work out the task.
She was taken to Business centre at Taj Palace Hotel for the task and type out
the matter. While waiting for the Director (Finance) to come to the room
Chairman tried to sit too close to her despite her objection, he did not give
up his objectionable behaviour. The respondent continued his lewd behaviour
despite of threatening him of threatening consequences by the petitioner.
Then the
respondent tried to molest her physically in the lift also while coming to from
the basement of the hotel. On the other day the petitioner filed a complaint
against the Chairman for sexually harassing and molesting her.
It was held
within the judgment of Apparel Export Promotion Council v. A.K. Chopra case
that it played a significant role in shaping the legal framework regarding
sexual harassment in Indian workplaces. It established the principle of
vicarious liability, reinforcing the employer’s responsibility to stop and
address sexual harassment incidents.
WHAT CAN ONE DO WHEN THEY
WITNESS SEXUAL HARASSMENT?
One may have heard the
term bystander intervention[15] ,to
describe, stepping in to help if one sees someone who might be in danger or at
risk for sexual assault. Bystander intervention can also be a helpful strategy
if one witnesses sexual harassment. One doesn’t have to be a hero to make a
positive impact in someone’s life, and one can intervene in a way that fits their
comfort level and is appropriate for the situation. If they choose to step in, they
may be able to give the person being harassed a chance to get to a safe place
or leave the situation. Sexual harassment can be prevented through the following:
a. Make a diversion
One should try
their best to stop the harassment or divert the attention of the harassers.
However, keep in mind that one should never do something that could endanger themselves.
Do not confront someone if they appear to be on the verge of becoming
aggressive.
b. Make a straight inquiry
Have a direct
conversation with the harassed individual. Offer to go with them whenever they
have to meet with the harasser if they are experiencing harassment at work or
school. If they are worried about walking alone to their car at night, offer to
go with a friend.
c. Refer to an authority
Have a direct
conversation with the harassed individual. Offer to accompany them during any
meetings with the individual causing distress, should they be facing harassment
in their workplace or educational institution.
Offer to
accompany a buddy if they are alarmed about walking to their car by themselves
at night.
CONCLUSION
The matter of sexual
harassment against women in the workplace culminates in a conclusion that
underscores the imperative for systemic reforms to foster a respectful and
secure atmosphere. It is imperative that laws and regulations be established
and adhered to. This involves establishing precise protocols for the reporting
of harassment and guaranteeing responsibility. The primary focus of this
research paper is the assistance provided to victims. It is imperative to
guarantee that victims possess robust support networks. This encompasses
counselling, legal support, and ensuring that the act of reporting harassment
does not lead to retaliation. Consistent training and awareness initiatives can
effectively enlighten employees regarding the parameters of harassment and the
strategies for its prevention. Organisations can implement measures to eradicate
sexual harassment and foster a more secure and inclusive workplace for everyone
by confronting these challenges head-on.
[1] Assistant Professor,
Centre of Legal Education, Dr. Akhilesh Das Gupta Institute of Professional
Studies (Affiliated to GGSIPU, Dwarka)
[2] BA LLB (H.), 2nd
year (Batch 2023-2028), Centre of Legal Education, Dr. Akhilesh Das Gupta
Institute of Professional Studies (Affiliated to GGSIPU, Dwarka)
[3] BA LLB (H.), 2nd
year (Batch 2023-2028), Centre of Legal Education, Dr. Akhilesh Das Gupta
Institute of Professional Studies (Affiliated to GGSIPU, Dwarka)
[4]2023
women, Peace & Security index GIWPS,
https://giwps.georgetown.edu/the-index/#:~:text=Georgetown%20Institute%20for%20Women,%20Peace%20and%20Security%20How%20does%20your
(last visited Sep 25, 2024)
[5] "Sexual
harassment" includes any one or more of the following unwelcome acts or
behaviour (whether directly or by implication) namely: -
i. physical contact and
advances; or
ii. a demand or request for
sexual favours; or
iii. making sexually coloured
remarks; or
iv. showing pornography; or
v. any other unwelcome
physical, verbal or non-verbal conduct of sexual nature;
[6]Women and Criminal Laws
by B.S. Khetrapal / Puja Khetrapal
[7] THE CONSTITUTION OF
INDIA, 1950, Article 14
[8] THE BHARATIYA NYAYA
SANHITA, 2023, Section 63
[9] Anjana Prakash & Anuj Prakaash, Concise
commentary on the Bharatiya Nyaya Sanhita, 2023 (LexisNexis) (2024)
[10] The #MeToo
movement Google Books,
https://books.google.co.in/books?hl=en&lr=&id=DBTHEAAAQBAJ&oi=fnd&pg=PP1&dq=me%2Btoo%2Bmovement&ots=7aYbE3wPiY&sig=X8HXKA6qQhuACa8X-JdQ2h_nBe4&redir_esc=y#v=onepage&q&f=false
(last visited Sep 25, 2024)
[11]THE BHARATIYA NYAYA
SANHITA, 2023, Section 74- Assault or Use of Criminal Force to Woman with
Intent to Outrage Her Modesty.
[12] THE BHARATIYA NYAYA
SANHITA, 2023, Section- Word, gesture or act intended to insult modesty of a
woman.
[13] When trust is
betrayed: The horrific rape-murder of a young ...: Current medicine research
and practice LWW,
https://journals.lww.com/cmre/fulltext/9900/when_trust_is_betrayed__the_horrific_rape_murder.1.aspx#JCL-P-3
(last visited Sep 25, 2024)
[14] Apparel Export
Promotion Council v. A.K Chopra., Supreme Court of India, judgment, law,
Casemine.com https://www.casemine.com,
https://www.casemine.com/judgement/in/5609ad5de4b0149711411314#:~:text=CaseIQ.%20(AI%20Recommendations)%20Apparel%20Export%20Promotion%20Council%20v.%20A.K%20Chopra
(last visited Sep 25, 2024)
[15] Bystander intervention
is about noticing a problematic situation and making the decision to
get involved. A bystander is someone who witnesses a situation but isn’t
actually involved in it. They’re simply a witness, someone who happens to be
there.