Open Access Research Article
SEXUAL HARRASMENT OF WOMEN AT WORKPLACE ACT, 2013 IN ADRRESSING WORKPLACE HARRASMENT IN INDIA.
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SEXUAL HARRASMENT OF WOMEN AT
WORKPLACE ACT, 2013 IN ADRRESSING WORKPLACE HARRASMENT IN INDIA.
AUTHORED BY - MISHA SINHA
ABSTRACT
This research paper explores the
impact of legal frameworks and organizational policies on addressing Sexual
Harassment of Women in the workplace in India. The issue
of workplace sexual harassment has gained significant attention in recent years
due to its detrimental effects on the well-being and professional advancement
of women. In India, sexual harassment at workplace Is one of the most common
crimes against women and is also seen as unconstitutional infringing on the
fundamental rights of women. Sometimes women raise their voices against such
injustice but often it is buried with time. The need for preventing such
injustice and appropriately dealing with such cases. The Sexual Harassment has
gained significant attention in recent years due to its detrimental effects on
the well-being and professional advancement of women. Recognizing the need for
comprehensive measures, India has implemented legal frameworks and
organizational policies to combat sexual harassment in the workplace.
In Article 15, the Indian Constitution seeks equality and
provides special laws that help women take their rightful place in society. Gender
identity is accepted to ensure gender equality in India. The Sexual Harassment of
Women in the Workplace Act 2013 is a welcome addition to this
legislation.
INTRODUCTION
Sexual harassment in a workplace is a
significant global issue affecting both developed and developing countries alike.
It surpasses geographical, social, economic, traditional, and spiritual
boundaries. A trouble shooting aspect of this problem is the use of derogatory
language, which undermines the principles of gender equality, human rights, and
human dignity. The complexity of this matter arises from its association with
societal norms influenced by biased gender perspectives and how women are
perceived and treated. India has witnessed changes in the status of women due
to industrialization, globalization, and progress in various fields. While
women have made strides in the workforce, unfortunately, there has also been a
rise in incidents of abuse and harassment. Regrettably, such occurrences of
sexual harassment are grossly underreported. This is primarily because women
fear potential damage to their personal and professional reputations as well as
societal stigma and threats to their livelihoods. As a result, the true scale
of the problem remains obscured. Sexual violence in the workplace is a
violation of women’s rights to equality, life, and liberty. It creates an
unstable and inhospitable work environment that discourages women from working,
undermines inclusive developmental goals. The Sexual Harassment of women at
Work (prevention, prohibition, and Redress) act was drafted with this principle
in mind.
No matter how hard we try to protect
but we failed as a society such violations will always happen. Crimes against
women are considered the weakest members of the society. As a result, women are
subjected to atrocities like foetus, human trafficking,
stalking, sexual harassment, sexual assault,
and the most heinous crime rape. It is illegal to
harass someone (whether a candidate or an employee) because of their gender. The
Supreme Court first recognized the need for such a law in Vishaka v.
State of Rajasthan. Although there is no law to combat
sexual harassment of women workers, the Supreme Court has issued guidelines to
all workplaces or institutions until laws are passed to address the issue, the
Supreme Court has issued guidelines to all workplaces or institutions until
laws are passed to address the issue. The Supreme Court has cited the fundamental
human rights principles contained in the Constitution of India under the Articles
14,15,19 (1) (g) and 21 as well as
the provisions of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDDAW), This was approved by the
Government of India in 1993. The directive of the Supreme Court should
be recognized as law as stipulated in Article 141 of the
Constitution.
CASE LAW’S
VISHAKA AND
ORS.
V.
STATE OF
RAJASTHAN
In this case, which deals with the
evil of sexual Harassment of a Women at her workplace. It is a landmark
judgement case in the history of sexual harassment which as being decide by
Supreme Court. Sexual Harassment means an unwelcome sexual Favor or sexual
gestures from one gender towards the other gender. It makes the person feel
humiliated, offended, and insulted to whom it is been done. In many of the
cases, it has been observed that homosexual labour harasses an employee
belonging to the same sex to which he belongs. Sexual harassment is also termed
as “Eve Teasing” in India, and it can be determined from the following
acts like- passing of indicative or typical comments or jokes, uninvited
touching, making appeals for sex, sexually blunt pictures or text messages or
emails, discredit person because of sex. Accordingly, Sexual Harassment
violates the fundamental right of the women of gender equality which is
codified under Article 14 of Indian Constitution and
the fundamental right to life and to live a dignified life
is violated/infringed under Article 21 of constitution
of India. Even though there has been no provision for sexual
harassment at workplace under Indian Constitution. Justice
Arjit Pasayat beholder from his beautiful thought that- “while a
murderer destroys the physical frame of the victim, on the other hand the
rapist defiles the soul of a helpless female”.
Sexual harassment is one of the
social evils faced by the fragile portion of the society. Now at this point of
time the high society people or the people who commits sexual harassment should
become aware about the vital needs or rights of women or either when this
tranquil volcano of anger will erupt will cause immense danger and shattering
which would have equal consequences which is cause from the burst or eruption
of an inactive volcano.
JUDGEMENT
The judgment of Vishakha's case
was conveyed by Chief Justice J.S Verma as a
representative of Justice Sujata Manihar and Justice
B.N Kripal on account of writ petition which
was file by Vishakha the victim of this case. The court observed that
the fundamental rights under Article 14, 19(1)(g)
and 21 of Constitution of India that, every profession,
trade, or occupation should provide safe working environment to the employees.
It hampered the right to life and the right to live a dignified life. The basic
requirement was that there should be the availability of safe working
environment at workplace. Supreme Court held that, women have fundamental
right towards the freedom of sexual harassment at workplace. It also put
forward various important guidelines for the employees to follow them and avoid
sexual harassment of women at workplace. The court also suggested to have
proper techniques for the implementation of cases where there is sexual
harassment at workplace. The main aim/objective of the Supreme Court was to
ensure gender equality among people and to ensure that there should be no
discrimination towards women at their workplace. The Supreme Court held
that, women have fundamental right towards the freedom of sexual harassment at
workplace. It also put forward various important guidelines for the employees
to follow them and avoid sexual harassment of women at workplace. The court also
suggested to have proper techniques for the implementation of cases where there
is sexual harassment at workplace. The main aim/objective of the Supreme Court
was to ensure gender equality among people and to ensure that there should be
no discrimination towards women at their workplace.
HOW WAS THE POSH ACT FORMED?
The POSH Act defines
sexual harassment to include unwelcome acts such as physical contact and sexual
advances, a demand or request for sexual favours, making sexually coloured
remarks, showing pornography, and any other unwelcome physical, verbal, or
non-verbal conduct of a sexual nature. In 1992, Bhanwari Devi,
a social worker with the Women’s Development Project of
the Rajasthan government was gang-raped by five men
after she tried to prevent the marriage of a one-year-old girl.
While hearing pleas filed by activist groups against the crime, the SC,
noting the absence of any law “enacted to provide for effective enforcement of
the basic human right of gender equality” guarantee against “sexual harassment
at workplaces”, laid down a set of guidelines in 1997, christened
the Vishakha Guidelines, to fill the statutory vacuum till a law
could be enacted. These were to be “strictly observed in all
workplaces” and were binding and enforceable in law. The Court drew its
strength from several provisions of the Constitution including Article 15
(against discrimination on grounds only of religion, race, caste, sex, and
place of birth), also drawing from relevant International Conventions and norms
such as the General Recommendations of the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.
Notably, the recent flagging of
lapses in the Act by the apex court is not the first time it has had to issue
directions for robust implementation, it had to intervene and issue follow-up
directions for the implementation of the Vishakha Guidelines multiple times
after 1997. Meanwhile, the National Commission for Women
submitted drafts of a Code of Conduct for the Workplace in 2000, 2003,
2004, 2006 and 2010.
After this, the Protection of
Women against Sexual Harassment at Workplace Bill
was introduced by then Women and Child Development Minister,
Krishna Tirath, in 2007. It was later tabled in Parliament
and went through amendments. The amended Bill came into force on December
9, 2013, as the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) or POSH Act.
CHALLENGES IN IMPLEMENTING THE POSH ACT 2013?
The POSH Act 2013
was introduced in India to protect women in the workplace from sexual
harassment. Despite its noble aims, there have been some challenges in
implementing the Act:
Definition of Sexual Harassment:
The Act defines sexual harassment broadly, covering any unwelcome act or
behaviour, whether physical, verbal, or non-verbal, that is sexually tinted and
interferes with a woman's work or creates an intimidating, hostile, or
offensive environment for her.
Lack of Awareness: Many employees
and employers remain unaware of the provisions and obligations under the Act,
leading to inadequate prevention measures and delayed
responses to complaints.
Fear of Repercussions: Fear
of retaliation or social stigma often deters victims from reporting incidents
of sexual harassment. It is essential to create an environment that encourages
victims to come forward and ensures their protection
throughout the process.
Right Education and Awareness:
The POSH Act 2013 can be effective in protecting women from sexual harassment
and promoting a safe workplace.
IMPORTANCE OF POSH AWARNESS SESSIONS
Sexual harassment at the workplace is
a concern across industries. It imposes a range of costs that impact
individuals, including the aggrieved person, the respondent (i.e., the person
against whom a complaint has been filed), the employers and the
company at large. In India, we
have a dedicated law named the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal)
Act (POSH Act) which was enforced in 2013. The
objective of this act is to create safe workplaces for women in our country and
protect their dignity. The law has laid down detailed provisions with regards
to the redressal mechanism in case a woman who has been subjected to some form
of sexual harassment at the workplace decides to file a complaint. While
redressal comes into picture after an incident has occurred, the spirit of the POSH
Act is prevention. To achieve this, the law has laid down the primary
responsibility on the employer to create safe workplaces free from any form of
sexual harassment. One
of the preventive steps which employer is mandated to take is to organise
workshops and awareness programs at regular intervals for sensitising the
employees with the legal provisions and programs for the Internal Committee (IC)
members to equip them with the skills required to conduct POSH inquiries
in a fair and just manner while ensuring it is within the
ambit of the law.
BENEFITS OF CONDUCTING POSH AWARNESS SESSIONS
Compliance with the Law: Since the law has made it mandatory
to conduct POSH awareness sessions, doing the same will help
comply with the legal obligations. The logic to have this provision in the law
was to ensure that everybody who is a part of the workforce is aware of what
could constitute sexual harassment, who, when, where and how can a complaint be
filed and the available redressal options among other things.
Helps in creating healthy
workplaces: Not
only legal compliance, but it also helps in creating a safe, equitable and
healthy work environment. The first step towards achieving the goal of safe
workplace free from any form of harassment, including sexual harassment, is to create
awareness and sensitise the employees.
Conducting POSH trainings helps in getting closer to this goal as the
employees not only understand what the law says in terms of what constitutes
sexual harassment but also explains what the consequences of their actions
could be. This also covers the conduct expected of them at workplace, in line
with the vision of the organization.
Therefore, conducting POSH awareness
sessions has much more benefits than just compliance. While conducting such
sessions, it is essential that organizations ensure these sessions are planned
well, cover the key aspects that employees must know and speak about the vision
of the organization, along with measures taken so far. It’s also very important
to explain the interpretation of ‘sexual harassment’ in the current world as
that is most likely to impact employees in their day-to-day life.
PUNISHMENT UNDER POSH LAW:
1. Punishment with fine up to 50,000(fifty
thousand) can be done on the employer.
* If there is no internal Complaint Committee.
* If the employer has contravened or attempts to
contravene or abets contravention or abets contravention of other provisions of
this act or any rules made under the Act.
* If the employer fails to act under the sections
13,14, and 22.
2. If an employer after having been previously convicted
of the same offence punishable under this Act
subsequently commits and is convicted of the same offence, he shall be liable.
* Twice the punishment, which have
been imposed on a first conviction, subject to the punishment being maximum
provided for the same offence.
* Cancellation, of his license or withdrawal or
non-renewal or approval or cancellation of the registration by the government
or the local authority required for carrying on his business activities.
3. When the Internal Complaints Committee arrives at the
conclusion that the allegation against the respondent is malicious or the aggrieved
woman or any other person making the complaint has made the complaint knowing
it to be false it may recommend to the employer appropriate action to be taken
according to the service rules as may be applicable to him/her.
CONCLUSION
Sexual Harassment is an age-old
practise that has overcome all societal boundaries, such as race, gender, sex,
and colour in both developed and developing countries. An individual can
encounter sexual harassment in the workplace regardless of their gender. There are
several factors that contribute to workplace harassment, including to workplace
harassment, including gender discrimination, insufficient distribution,
favouring character and the harassers worldwide. Sexual harassment includes not
just seeking sexual harassment and unwelcome physical contact, but also the
psychological strain felt by the harasser because of sexual assault, coercion,
or unwanted sexual attention. To encourage greater reporting, the POSH ACT
should contain clarification of applicability, accountability, implementation,
and monitoring. To attain high workplace productivity, companies and
authorities must adopt, implement, and encourage best practices for detecting
and responding to workplace harassment. The most effective strategy to avoid such
hazardous working situations is to actively advocate for measures that raise
awareness and encourage prevention efforts.
We have certainly come a long way from having no
mechanism for redressal available to a woman to a very potent and robust
mechanism available for redressal. In depth view in the topic makes us realise that
any law cannot be unidimensional. And a law as revolutionary as sexual
harassment of women in workplace has had huge social implications, what I feel
is that this law is certainly a step in the right direction. What it requires
is public awareness, sensitivity, and robust implementation. I think when any
incident happens people should not become judgemental against the woman or the
man. The due process should be followed.
There should also be a Men’s
Commission in place so that even men have right to address their grievances in
a systematic manner.
As the job of the Act is to bring
equality not to suppress any gender.
Article Information
SEXUAL HARRASMENT OF WOMEN AT WORKPLACE ACT, 2013 IN ADRRESSING WORKPLACE HARRASMENT IN INDIA.
Authors: MISHA SINHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/11
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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