Open Access Research Article
Exploratory Analysis On Sexual Harassment At A Workplace,2013
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Article Details
Exploratory Analysis On Sexual Harassment At A Workplace,2013
Authored By- Y A Deetyaa
5 BBA LLB A
2050468
Christ(Deemed to be University)
ABSTRACT:
This research paper discusses the undesirable activities performed in India
at the workplace with women, i.e.
sexual harassment against women at the workplace. The form also deals with laws enacted to prevent women at the
workplace. LikeIndian government passed Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sexual harassment is an extensive
legal issue, and significant forms of violence against women in India are performed. It is a universal problem in the
world, whether it is to bin e developed
or developing or under-developing countries. It is a more problematic and damaging emphasis on both men and women.
It has probably been seen to be happening with
the female gender.
The sexual harassment of women in the workplace violates the basic
fundamental rights of women, especially
the “Right to equality” under articles 14,15 and her right to life and to live with dignity under Article 21 of the
Constitution of India. It is a criminal offence according to section 354A
of the Indian penal code, 1860; it deals with the meaning of sexual harassment and punishments for
sexual harassment. This act protects women from all types of sexual harassment at their workplace in the
government sector or the private sector.
The guideline was issued in a supreme court landmark case Vishaka v. the State
of Rajasthan will be treated as law
under Article 141 of the Indian constitution. Before this act, there was no law around the measures to
check the abhorrence of inappropriate behaviours faced by women. This paper indicates making some suggestions
to the government to pay special
attention towards appointing the monitoring team to visit the government
offices and the private sector
(unorganised) to prevent sexual harassment against women in the workplace.
Research Problem :
Women are considered as vulnerable to all kinds of violence and
harassment. In spite of various laws
being enacted to protect from being subjected to Human Rights violations the atrocities continue. Sexual Harassment is
considered to be a significant issue faced by
working women and the number of care reported is increasing at an
alarming rate. But still, there are a
number of cases where women silently suffer sexual harassment fearing loss of jobs, their reputation, etc. There is a need to relook
into the effectiveness and implementation of Sexual
Harassment in the Workplace.
Research Question:
1. What are the psychological and physical effects
of Sexual Harassment on the personal
and family life of
Victims?
2. What
measures can be adopted to prevent, control and minimise the incidents of
Sexual Harassment in the
workplace?
3. Whether the POSH Act has been effective in curbing Sexual
Harassment?
4. What is the role of the judiciary in protecting the interest of victims of Sexual Harassment?
Research Objectives:
-To analyse various
kinds of sexual
harassment inflicted on women employers.
-To ascertain the causes and effects of sexual harassment in the workplace
-To investigate how to avoid
sexual harassment in a workplace
-To study laws relating to sexual harassment
National Laws
1. THE PROHIBITION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013
Section 2 –
Definitions
(a) Aggrieved woman
(e) Domestic worker
(f) Employee
(g) Employer
(m) Respondent
(n) Sexual harassment
(o) Workplace
(p) Unorganized sector
Section 3 –
Prevention of sexual
harassment
Section 4 – Constitution of Internal Complaints Committee
Section 5 –
Notification of District
Officer
Section 6 – Constitution and
jurisdiction of Local Complaints Committee Section 7 – Composition, tenure and
other terms and conditions of Local Complaints Committee
Section 8 –
Grants and audit
Section 9 – Complaint
of sexual harassment
Section 10 –
Conciliation
Section 11 – Inquiry
into the complaint
Section 12 –
Action during the tendency
of Inquiry
Section 13 – Inquiry report
Section 14 – Punishment for false or malicious complaint and false evidence
Section 15 – Determination of compensation
Section 16 – Prohibition of publication
or making known contents of complaint and inquiry proceedings
Section 17 – Penalty
for publication of making known
contents of complaint
and inquiry proceedings Section 18 – Appeal
Section 19 – Duties
of Employer:-
a) Provide a safe working
environment
b) Display penal consequences of sexual harassment
c) Organize workshops
d) Provide necessary facilities to ICC or LCC
e) Assist in
securing the attendance of respondents and
the aggrieved person before ICC or
LCC
f) Make
information regarding the complaint available to ICC or LCC
g) Assist woman –
IPC
h) Cause to initiate action
under IPC
i) Treat sexual harassment as misconduct
j) Monitor the
timely submission of reports by the ICC
Section 20 – Duties
and powers of District Officer:-
a) Monitor the
timely submission of reports by the LCC
b) Take
measures to engage NGOs for creating
awareness of sexual harassment and rights of women.
The Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act,
2013 (also referred to as the “POSH Act”) came into existence in 2013. The Act establishes a mechanism for dealing with
sexual harassment complaints in the workplace.
The PoSH Act has been implemented to prevent and protect women from
sexual harassment in the workplace, thereby ensuring a safe working environment for women.
The POSH Act, as mandatory compliance,
requires every company with more than ten employees to constitute an Internal Complaints Committee (ICC) in the prescribed manner to receive and address the complaints of
sexual harassment from women in a time-bound and highly confidential manner. The person who can file a complaint
has to be a woman; the POSH Act is not gender-neutral.
2.
THE VISHAKA GUIDELINES
The Hon’ble Court took reference from the
international conventions to proceed with the
case. It referred to the Beijing Statement of Principles on the
independence of the Judiciary in the
LAWASIA region to function as a guardian of citizens’ rights and independently
make laws without any legislative framework.
Then the Hon’ble court took reference from the
provisions of the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW). They were-
Article 11 (1) (a) & (f)- whichstates that the State takes all
appropriate measures to eliminate discrimination against women in the field of
employment.
Article 24 states that the State shall undertake to adopt all
necessary measures at the national level aimed at achieving the full realisation.
The Hon’ble Supreme Court framed the guidelines to prevent sexual
harassment at the Workplace, known as
Vishaka
Guidelines, that wereto be treated as law declared under Article
141 of the Indian Constitution. These guidelines were the foundation for The Sexual
Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
3.
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)ACT,1946
It is a focal sanctioning that, among other things,
requires a business to characterise and distribute
uniform states of work through standing requests. The standing requests ought
to contain terms of business,
includin, long periods of work, wage rates, shift working, participation and late coming, arrangement
for leaves and occasions and end or suspension/excusal
of representatives. It applies to each modern foundation wherein at least 100 workers are utilised, or were utilised
on any day of the previous twelve months. This Act reaches out to the entire of India. The Standing Orders Act
endorses Model Standing Orders, filling
in as rules for bosses, and if a business has not outlined and guaranteed its
standing requests, the arrangements
of the Model Standing Orders will be appropriate. The Model Standing Orders not just characterise
'lewd behaviour by the definition under the Vishaka Judgment, but also conceives the necessity to set up a
grumblings board for redressal of complaints
relating to work environment inappropriate behaviour. It is intriguing to
takenote that 'inappropriate behaviour isn't restricted to ladies' compelled
Rules.
4. INDIAN PENAL CODE,1860
Conduct that might be interpreted as inappropriate behaviou, can likewise
comprise an offence and be punished
under the IPC. Preceding the Criminal Amendment Act, 2013, it was brought inside the ambit of Section 354,
which made any demonstration insulting the unobtrusiveness
of a woman's wrongdoing. After the correction, Section 354A has been embedded to make lewd behaviour a specific
offence. The below sections address the offenceviolation of inappropriate behaviour:
Section 294 Section 354(A) Section
509
5. THE INDECENT REPRESENTATION OF WOMAN (PROHIBITION) ACT,1987
An Act to restrict obscene portrayal of women through ads or in
distributions, works, compositions,
figures or in some other way and for issues asin addition to thattherewith or coincidental to it. If an individual
irritates one more with books, photos, artistic creations, films, leaflets, bundles, and so on
containing 'disgusting portrayal of women, ' they are responsible for a base sentence of two years. As per this Act,
"obscene portrayal of women" signifies
the portrayal in any way of the figure of a woman; her structure or body or any
part thereof in such manner as to be
profane, slanderous to, or stigmatising women, or is probably going
to debase, degenerate or harm
the public ethical quality or ethics.
International Laws and Conventions
At a global level, lewd behaviour has been recognised as a common
liberties infringement as it hurts
the pride of the individual, badgering and can prompt hamper the close to home
and mental prosperity of the
individual. As inappropriate behaviour, by and large, supposedly progressed towards a woman, it is likewise
seen to be a result of the interminable segregation looked at by women. As such global shows like the UN Charter and
CEDAW examines the disposal of all
types of separation looked at by women on all fronts. Occurrences of lewd behaviour
are expanding dramatically — particularly in Asian nations,
where over 50% of the total populace dwells. In India, a
woman is physically hassled every 12 minutes. In China, an overview was led by Women's Watch China in
2009, which found that 20% of the 1,837 female
respondents who talked had encountered lewd behaviour at work. Workplace
Bullying is a universally perceived
issue reflected in the new plans of global associations like the International Labor Office (ILO) and the
World Health Organization (WHO). The ILO additionally
directs far-reaching consciousness of the issue of lewd behaviour as it is segregation on the ground of sex in
business and occupation. As a result, the Committee of Experts on the Application of Conventions and Recommendations
led a unique study in 1996 on
Convention No .111. It affirmed that lewd behaviour is a type of sexual
victimisation of women in work that
subverts correspondence, harms working connections and debilitates efficiency.
1. The Convention on The Elimination of All Forms of Discrimination
against Women (CEDAW)
2. Declaration on The Elimination of Violence against
Women:
3. The United Nations
Fourth World Conference on Women
4. The Discrimination (Employment And Occupation) Convention, 1958
5. Indigenous and Tribal
Peoples Convention, 1989
6. Universal Declaration of Human Rights
Introduction
With globalisation, the role of women has changed now. Now women are
independent. They are not only the
housekeeper but can also run the houses solely. But with the nation's development and the high rise of women,
many problems are faced by women in the workplace
that are not acceptable. Such unacceptable behaviorbehaviour in the workplace
is detrimental to the economy. Sexual
harassment in women at the workplace is considered a violation of women’s rights. It creates an insecure and hostile
work environment, which discourages
women’s participation in work. Before the guideline ofsupreme court landmark case Vishaka and others v. the State of
Rajasthan (1997) 6 SCC 241, AIR 1997 SC 3011 ,the women had taken to the matter of sexual harassment at workplace
register complaint under sec 354 and 509 of Indian
penal code. After 16years of Vishaka’s case, the sexual harassment of women atin works place (Prevention,
Prohibition, and Redressal) act 2013. This act was enacted to protect against sexual harassment of women in the
workplace. This act defines sexual
harassment as unwelcome acts obehaviouror (whether directly or by implicati,on) namely, physical contact and advances, a
demand or request for sexualfavourss, making
sexuallcoloureded remarks, showing pornography, or any other unwelcome
physical, verbal or non-verbal conduct of sexual nature. When we
see many women entering into the for today an contributing tto he country we
also see that many women are facing sexual harassment at the workplace on daily bases. No,w the contract is this act where it’s become an obligation for an employer to provide
safe working spaces for women and to build enabling work environments that respect women’s
right to equality
of status and opportunity.
WHAT IS SEXUAL HARASSMENT?
The following definition gives section 354A of the Indian penal code A
man committing any of the following
acts
· Physical contact
and advances involving
unwelcome and explicit
sexual overtures; or
· A demand
or request for sexual favours; or
· Showing pornography against the will of a women
women; or
· Making sexually
coloured remarks shall be guilty of sexual
harassment.
Any man who commits the first three-point offence shall be punished with
rigorous imprisonment for the team,which may be extended
to three years, with fina e or both. Any man who commits the last point
offence shall be punished
with imprisonment for the team,
which may be extended to one
year, with fine a or with
both.
Earlier, there were no laws related to the Indian penal
code that could be evoked. There were three
sections in were the Indian penal code S.94, S.354 and S.509 to deal with such
type of crime as sexual harassment of
women.
Examples of sexually
harassing behaviour include:
· Unwelcome touching
· Suggestive comments
or jokes
· Sexuallyexplicit picturese or posters
· Staring or leering
· Requests for sex
· Unwanted invitations to go out on dates
· Sexually explicit
emails or SMS text messages
· Sexually explicit
physicals contact
· Insults or taunts based
on sex
· Unnecessary familiarity, such as deliberately brushing up against
a person
· Intrusivequestionsn about a person’s private life or body
CONSTITUTIONAL
PROTECTION OF WOMEN AGAINST THE SEXUAL HARASSMENINAT THE WORKPLACE
The Indian constitution ensures the rights of every individual “ to
practice any profession, or to carry
on any occupation, trade or business ” under Article 19 (1)g. Participating in
public employment is a constitutional right of every woman, and this right is denied in the process of sexual harassment, which forces tus o
keep away from such job. Sexual harassment of
women at the place where women work exposes herthem to a significant
risk and hazard. The right to life
and personal liberty is also violated by the sexual harassment of women at the workplace according to article 21 of the
Indian constitution that no person shall be deprived of his life or personal liberty. The right to livelihood is an
integral facet of to right to life. So, according to this
right to livelihood is violatingviolated by sexual
harassment.
HOW LAWS ON SEXUAL
HARASSMENT DEVELOPED OVER THE YEAR IN INDIA
Before 1997 if ,a female gender facing sexual harassment at
workworkplacen she lodge a complaint
under section 354 of the Indian penal code (1860) that section deal with the ‘criminal assault of women to outrage
women’smodesty’ and section 509 that punishes an individual/individuals for using ‘word, gesture or act intended
to insult the modesty of women. ?
Landmark judgement of Vishaka case A PIL(public interest litigation) was
filefiled against The state of
Rajasthan by Vishaka and some women. Its was file because the women wanted to get enforced the fundament
rights of working women under the three main article of India it is 14,19 and 21 of the constitution of India the
reason behind file the petition was a lady
named Bhanwari Devi she was a social worker in Rajasthan, as she was a social
worker so it was her duty to
stop unjust in society one day when she was performing her task that is she trying to stop child marriage but
she was brutally gang rape for doing the same. The Supreme court of India took the matter very seriously and
created legally binding guideline based
on the principle of equality and dignity mentioned in the constitution of
India; it also found mewordn UN
Convention on the Elimination of All forms of discrimination against Women (CEDAW).
The following guideline was:
· A duty was
handed over to the Employer and other responsible persons to make sure that prevent of the ct of sexual harassment
committed by a person has been kept under check, and it alsomentionedn that all the steps should be taken which
provide the procedures for the resolution, settlement or prosecution of
acts of sexual harassment.
· Sexual
harassment includes such unwelcome sexually determined behaviour (Whether directly
or by implication) as; (a) Physical contact
and advances; (b) A demand
or request for sexual
favours; (c) Sexually-coloured remarks; (d) Showing pornography; (e) Any other unwelcome
physical, verbal or non-verbal
conduct of sexual nature.
· All
employers, whether they work in the public
or private sector, appropriate stepsneeds to
be taken by them to prevent sexual harassment. The following step needs to be taken
then:
(a) The
prohibition of sexual harassment discussed above should be notified, circulated
and published in appropriate ways.
(b) Rules/regulations
provided by government and public sector bodies related to conduct and discipline should also include
rules/regulations prohibiting sexual harassment and provide appropriate penalties in such rules against
the offender.
(c) It should
be ensured that the appropriate work condition should be provided as far as work, leisure, health, medical and hygiene
is concerned, and after that ,it should also be ensured that women are not giva en hostile environment in the
workplace. Andwomanomen shall be subjected
to disadvantage as far as
her employment is concerned.
(d) Whenever
such conduct takes place it is equivalent to an offence which is punishable under the Indian penal code then after
this employer should ensure that he has made
complaint a front of the authority in accordance with the law. With this
there is one thing which needs to
be considered that there is no short of discrimination against victim being done when it comes to dealing with
complain of sexual harassment. One privilege should given victims have the option
of getting the transfer of perpetrator or themselves done.
(e) Where it is
found that the act committed is of such a nature that is can be construed as misconduct according to the services
ruregulationsgulation after this thing that proved disciplinary action
should be taken against.
(f) Liberty
should be given to employees so that they can find themselves to file a
complaint if anyoneever triesy to sexually harass them.
(g) Female
employees should be taken care of in the sense that they should be tolabout Eirere rig,ht and whenever any
legislation gets enactt,ted they should be notified at the earliest.
(h) When
questions comes on that conduct committee comings under the ambit of an
off,ence is s itsa breach of rules of he ? Invoice in
following this p,procedure a complaint mechanism should be established in organisationtion so that redressal can
be made of a complaint which is madecaused
by victim and one crucial aspect which is related to this as that the complaint shouldresultt wiwithia npecified
time limit.
Amendment in Indian
penal code (1860)
after Nirbhaya Case in 2013 :
Section 354A. Sexual harassment
is unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for
sexual ffavours showing someone sexual
images (pornography) without
their consent, and making unwelcome
sexual remarks.
Punishment: up to three years in prison
and a fine.
Section 354B. fForcinga woman to undress
Punishment: from three to seven
years in prison
and a fine.
Section 354C. I was watching or capturing the image of a woman without her consent (voyeurism).
Punishment: 1 st conviction- one to three years in
prison and a fine. More than one conviction – three
to seven years in prison and
a fine.
Section 354D. Following a woman
and contracting her or trying to contact her despite her saying she does not
want contact.
Punishment: 1st conviction- up to three years in prison
and a fine. More than one conviction, up to five
years in jail,n and a fine.
Guidelines to Act: Salient features
of the POSH Act Scope:
Committees for complaints: An essential feature of the POSH Act is
that it envisages a grievance
redressal forum. The POSH Act requires an employer to set up an ‘internal complaints committee (ICC) at each office
or branch of an organisation employing ten or
more employees to hear and redress grievances about sexual harassment.
The ICC will be a 4-member committee
under the Chairpersonship of a senior woman employee. It will include two members from amongst the employees,
preferably committed to the cause of women or
has experience in social work/legal knowledge, and a third party member
(NGO, etc.). At the district level,
the Government is required to set up a ‘local complaints committee’ (LCC) to investigate and redress complaints of
sexual harassment from the unorganised sector or from establishments where the ICC has not been constituted on
account of the establishment having
less than ten employees or if the complaint is against the employer. The LCC
has particular relevance in cases of
sexual harassment of domestic workers or where the complaint is against the employer himself or a third party who
is not an employee. A District Officer
notified under the Act will constitute LCC. LCC will be a five-member committee comprising of a chairperson to be nominated from amongst
eminent women in the field of social work or committed to the
cause of women, one member from amongst women working in block/taluka/tehsil/municipality in the district, two members of whom
at least one shall be a
woman to be nominated from NGOs committed to the cause of women or a person
familiar with the issues related to
sexual harassment provided that at least one of the nominees should preferably have a background in law or
legal knowledge. The concerned officer dealing with the social welfare of women and child development shall be an ex officio member.
The Process for filing Complaints: A complaint of sexual
harassment can be filed within a time
limit of 3 months. This may be extended to another three months if the woman
can prove that grave circumstances
prevented her from doing the same. The Act has a provision for conciliation. The ICC/LCC can take
steps to settle the matter between the aggrieved woman and the respondent. However, this option will be used only
at the woman's request. The Act also provides
that monetary settlement shall not be made a basis of conciliation.
Further, if any of the settlement conditions are not complied with by the
respondent, the complainant can
return to the Committee , which will proceed to inquire. The Committee is required to complete the investigation
within a period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District
Officer; as the case may be, they are mandated to take action
on the information within 60 days. In case the complaint has been
found proven. The Committee can recommend the provision of service rules
applicable to the respondent or per
the prescribed rules where such laws do not exist.
If the allegation against the respondent has not been proved, then the
Committee can write to the employer/district officer that no action needs to
be taken.
i.
Punishments: The POSH Act prescribes the following penalties
that an employer may impose on an employee for indulging in
the act of sexual harassment: Punishmenthment prescribed under the service rules
of the organisation;
ii.
If the organisation does not have service rules,
disciplinary action, including a written apology,
warning, reprimand, censure, withholding of promotion, pay rise or increments, terminating the respondent
from service, undergoing a counselling session,
or carrying out community service; and iii. deduction of compensation payable to the aggrieved woman from the
respondent's wages of the respondent respondents'
wages also envisages payment of compensation to unhappy women. The compensation payable shall be determined
based on: i. the mental trauma, pain, suffering
and emotional distress caused to the aggrieveddisgruntled employee; iiofthe lossopportunitiesopportunity due to the incident of sexual
harassment;
iii.
medical expenses incurred
by the victim for physical/
psychiatric treatment;
iv.
the income and status of the alleged
perpetrator, and
v.
the feasibility of such payment in a lump sum or
instalments. If the respondent fails to
pay the sum above, ICC may forward the order for recovery of recover the sum as an arrear
of land revenue to the
concerned District Officer.
Employer’s Duties and Obligations: In addition to ensuring
compliance with the other provisions
stipulated, the Sexual Harassment Act casts certain obligations upon the
employer to, among other things, i. provide a safe working environment ii. display conspicuously at the workplace, the
penal consequences of indulging in acts that may constitute sexual harassment and the composition of the
Internal Complaints Committee iii. organise workshops
and awareness programmes at regular intervals to sensitise employees on the issues and implications of workplace sexual harassment and organise orientation programmes for members of the Internal Complaints Committee iv.
treat sexual harassment as misconduct under the service
rules and initiate action for misconduct. The employer is also
required to monitor the timely submission of reports by the ICC. Suppose an
employer fails to constitute an
Internal Complaints Committee or does not comply with any provisions. Suppose an employer fails to constitute
an Internal Complaints Committee or does not
comply with any requirements. In that case, the Sexual Harassment Act
prescribes a monetary penalty of up to INR 50,000 (approx.
US$1,000). Repeating game an offence could
result in the doubled punishment and denudation of the entity or revocation of
any statutory business licenses.
Non- disclosure of Identity of Victims: The Act prohibits
disclosing the identity and addresses
of the aggrieved woman, respondent and witnesses. However, justice information secured for any victim of sexual
harassment under this Act without disclosing the identity can be disseminated.
CONCLUSION:
India is rapidly advancing in its developmental goals, and more and more
women are joining the workforce.
Recognising the right to protection against sexual harassment is an intrinsic component of protecting women’s human
rights. It is all a step towards providing women independence, equality of opportunity and freedom at work with
dignity. Sexual harassment in the workplace is a social challenge that needs to be addressed.
It is essential to enhance the awareness of employers and employees on the existence
of forms of sexual harassment at the workplace, preventive measures, and legal framework for
preventing and addressing sexual
harassment. Dissemination and awareness-raising activities should be regularly conducted and evaluated to improve best
practices on addressing sexual harassment in the workplace and forewarn and inform of forms of sexual harassment
to enable potential victims to avoid
them. Enhancing training courses on sexual harassment and providing documentation or a handbook on preventing
sexual harassment in the tin workplace can help combat it.
“While a murder destroys the physical frame of the victim, sexual
harassment degrades and defiles the soul of a helpless
woman.”
CASE LIST
1.
Vishaka & Ors vs State Of Rajasthan & Ors on 13
August 1997
At the outset, it is
necessary to put forth the facts of the case in detail to render a better understanding. Firstly, there was
an immediate cause responsible for initiating
this fight for gender justice which was the case of the alleged brutal
gang rape of a woman in a village in the State of Rajasthan. Bhanwari Devi, a
social worker, was gang-raped for the noble act of preventing child marriage. Unfortunately, according to the insufficient evidence
proving the crime, this criminal case was dismissed [1].
However, this incident gained momentum among various
social activists and NGOs, enforcing the necessity for specific legislation against sexual harassment in the
workplace in the light of Gender Equality. Subsequently, this writ petition was
filed by certain social activists and NGOs under Article
32 on the ground of violation
of Articles 14, 15 and 21 of the Constitution.
In considering the absence of
domestic law regarding gender equality and protection from sexual harassment at the workplace, the Court formulated
the guidelines and norms to be observed
at all workplaces until the enactment of legislation under Article 32 for the enforcement of the
Fundamental Rights of the Constitution. The court declared this as law under Article 141 of the Constitution. The
Vishaka guidelines were prescribed.
2.
Medha Kotwal
Lele & Ors vs U.O.I. & Ors on 19
October 2012
A letter
written by Medha Kotwal highlighted several individual cases of sexual harassment,
stating that the Vishaka Guidelines were not effectively implemented. Converting the letter into a writ petition, the Supreme Court took
the cognisance and undertook to minimonitoringi monitor of the implementation
of the Vishaka
Guidelines across the country directing State Governments to file affidavits emphasising the steps, they took to
implement the Vishaka Guidelines. The result
showed a poor performance by a majority of the states. Thus, SC issued
further orders to national
organisations such as the Bar Council of India to respect and implement the Vishakha Guidelines. In its judgment,
the Supreme Court observed that “the implementation
of the Vishaka Guidelines has to be not only in form but also in substance and spirit to make the available
safe and secure environment for women at workplace
in every aspect and thereby enable working women to work with dignity, decency and due respect.”Not being
satisfied with implementing the Vishaka Guidelines
directed States to put in place sufficient mechanisms to ensure effectively implementation of the Vishaka
Guidelines. Finally, the Supreme Court asserted that in case of non-compliance or non-adherence
to the Vishaka Guidelines, it would be open
to the aggrieved persons to approach
the respective High Courts.
3.
Mukesh & Anr. Vs v s State
for NCT of Delhi &
Ors.
A
23-year-old trainee physiotherapist woman was brutally raped repeatedly by five adult men and a juvenile on the night of
16th December 2012 onto a moving bus in Delhi.
She got attacked with an iron rod, due to which she had her intestines pulled out. Later, she died. The Bench unanimously passed the death
penalty judgment on all.
The accused except the juvenile
juveniles. The juvenile who was equally involved in the incident and raped, the woman was convicted and sentenced to
three years in a reformation centre.
This incident led to various legislative reforms in rape laws. After the incident, a panel was set up under
the chairmanship of JS Verma, and as per the
recommendations, Criminal Law (Amendment) Act, 2013 was passed, which
provides for the amendment of the
Indian Penal Code, 1860; Code of Criminal Procedure, 1973, Indian Evidence Act, 1872 and Protection of Children from
Sexual Offences Act, 2012,
about sexual offences-related
laws. Act widened the scope of rape
definition and provided for capital
punishment in rape cases that cause the victim's death
or leave her in a permanent vegetative state. The act also provides offences offence
offences and offences to make laws more stringent.
4.
Seema Lepcha
vs State of Sikkim and Others
SC declared that;
The state government shall
give wide publicity to the notifications and orders issued by it in compliance with the
guidelines framed by this court in Vishakha’s case and the directions provided in Medha’s case
by getting the same published in the
newspapers having maximum circulation in the State every two months. Every month, there is wide
publicity on Doordarshan about various steps the the government to implement the guidelines framed in Visakha’s
case and the directions provided in
Medha’s case. Social welfare and the Legal Service Authority of Sikkim shall also give wide publicity
to the notifications and orders issued by the
state government, not only for the government departments of the state
and its agencies but also
for private companies.
5.
Independent Thought
vs Union of India and Anr.
Independent Thought is an NGO that
deals with child rights. It filed a constitutional validity of exception 2 to section 375 of the
Indian Penal Code. The issues raised were, Whether sexual intercourse between a husband and wife, where she is between 15 and 18 years of
age, would amount to rape and whether section 375, exception 2, is violative of the fundamental rights of a girl
child… In judgment, Supreme Court has criminalised sexual intercourse with a minor
wife between 15 and
18. The Court opined that exception 2 in section 375 is violative of Articles
14, 15 and 21 of the Indian Constitution, which allows intrusive sexual intercourse with a
the girl below 18 and
above 15 years on
the ground of marriage. The sun Suction clause in Indian rape laws negate the very purpose
of the Prohibition of Child
Marriage Act;
it violates the provisions of the
Protection of Children from Sexual Offences Act POCSO) in the context of the age of consent and some other
international conventions to which
India is a signatory. Supreme Court has struck down section 375, exception 2 of the Indian Penal Code.
Now, the law cannot protect a man who is engaged
in sexual relations with his wife when she was between 15 and 18 years because irrespective of the status of a
child, whether married or not, she will always
remain a child.
6. Apparel Export Promotion Council v. A.K Chopra
In this case, the Supreme Court
upheld the dismissal of a Delhi-based Apparel Export Promotion Council superior officer who was found guilty of sexually harassing a
A subordinate female employee at
the workplace. Supreme Court enlarged the definition of sexual harassment
by ruling that physical contact
was not essential for it to amount to an act of sexual harassment. The Supreme Court explained that “sexual harassment
is a form of sex discrimination projected through unwelcome sexual
advances, request for sexual
favours and other verbal
or physical conduct
with sexual overtones,
whether directly or by implication,
particularly when submission to or rejection of such conduct by the female
employee was capable of being
used to affect the employment of the female
employee unreasonably interfering with her work performance and creating an intimidating or hostile work environment for her.”
Other cases:
-Sri Subrata Kumar Choudhury
vs State Bank Of India &
Ors on 3 September 2008
-Centre For Constitutional Rights ... vs State
Of Kerala on 17 March 2022
-Shital Prasad Sharma
vs State Of Raj And
Ors on 6 April
2018
-Women In Cinema
Collective vs State Of Kerala
on 17 March 2022
-Nagaram Balakrishna vs State Of Ap on 23
March 2021
-Patel Rajendrakumar Natavarla vs State Of Gujarat & 3 on 7 January 2016
-Rashi vs Union Of
India And Anr. on 4 December 2020
BIBLIOGRAPHY
Books:
• Ritu Gupta, Sexual
Harassment at Workplace, (Lexis Nexis, 2014).
Articles:
• Sexual Harassment at Work Place (Prevention,
Prohibition and Redressal) Act, 2013.
• Convention on the Elimination of All Forms
of Discrimination against Women,
UNHR, (2015).
• Indigenous and Tribal Peoples Convention, 1989 (No.
169), International Labor
• Discrimination (Employment and Occupation) Convention,
1958 (No. 111), International Labor
• Vishaka Guidelines against Sexual HarassmenWorkPlace http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf
• The Protection of Women Against Sexual Harassment at
Work Place Bill,2010, PRS Legislative Research, (2013).
•https://www.advocatekhoj.com/library/bareacts/sexualharrasment2013/2.php?T itle=Sexual%20Harassment%20of%20Women%20at%20Workplace%20(Preve nation,%20Prohibition%20and%20Redressal)%20Act,%202013&STitle=Definiti
ons
•
https://hbr.org/2020/05/why-sexual-harassment-programs-backfire
Article Information
Exploratory Analysis On Sexual Harassment At A Workplace,2013
Authors: Y A Deetyaa
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/04
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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