NATIONAL SEMINAR ON BETTER AND FAIR ENVIRONMENT FOR
WOMEN AT WORK PLACE
AUTHOR 1
NAME – Ravi Prakash
Mobile No. 8987131184
ADRESS DETAILS- Room No.358, Boys Hostel, Chanakya National Law University, Nyaya
Nagar, Mithapur Bus Stand, Patna, Bihar, India, Pin Code- 800001
NAME AND ADRESS OF INSTITUTION- Chanakya National Law University, Nyaya Nagar,
Mithapur Bus Stand, Patna, Bihar, India, Pin Code- 800001
COURSE CURRENTLY BEING PURSUED- B.A. LLB (Hons.) (5 Years Course)
ACADEMIC QUALIFICATIONS- 2nd Year Student
AUTHOR 2
NAME- Mukul Rathore
Mobile No.: 7225848980
ADRESS DETAILS- Room No. 04, Boys Hostel, Chanakya National Law University, Nyaya
Nagar, Mithapur Bus Stand, Patna, Bihar, India, Pin Code- 800001
NAME AND ADRESS OF INSTITUTION- Chanakya National Law University, Nyaya Nagar,
Mithapur Bus Stand, Patna, Bihar, India, Pin Code- 800001
COURSE CURRENTLY BEING PURSUED- B.A.LLB (Hons.) (5 Years Course)
ACADEMIC QUALIFICATIONS- 2nd Year Student
An Analytical Study of Indian Laws on Prevention of Sexual Harassment at the
Workplace
Ravi Prakash1 and Mukul Rathore2
Chanakya National Law University, Patna
Email id – [email protected]
ABSTRACT
Workplace sexual harassment is a form of violation against women which creates fear in the
minds of women and leads to an insecure and hostile working environment for women, impeding
their ability to deliver in today’s competing world. Apart from hampering their performance at
work, it also jeopardizes their social and economic growth and puts them through adverse
physical and emotional suffering. Sexual harassment at workplace can also be viewed as gender
discrimination which violates a woman’s fundamental right to equality and right to life,
guaranteed under Article 14, 15 and 21 of the Constitution of India. The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was India’s first
legislation specifically addressing the issue of workplace sexual harassment, enacted with the
objective of preventing and protecting women against workplace sexual harassment.
This paper discusses the workplace sexual harassment against women and the Indian laws like
Sexual Harassment against Women in Workplace (Prevention, Prohibition and Redressal) Act,
2013 in length. This paper puts light on various movements related to workplace sexual
harassment in India. The objective of this paper is to specifically learn about workplace sexual
harassment against women in India and to find out significant reasons of harassment against
women in workplace. The researcher will also make a comparative study of Vishaka Guidelines,
POSH Act as well as other laws related to prevention of workplace sexual harassment and try
to find out their contribution in combating sexual harassment at workplaces. In addition to
legislations, this paper also discusses judicial contribution on the issue of workplace sexual
harassment.
1
Ravi Prakash, 2nd Year student of B.A. L.L.B. of Chanakya National Law University.
2
Mukul Rathore, 2nd Year student of B.A. L.L.B. of Chanakya National Law University.
Introduction:
The problem is sexual harassment in the work place. Sexual
harassment affects everyone in the work environment. Sexual
harassment has been a problem for years. According to the Equal
Employment Opportunity Commission (EEOC), sexual harassment
includes: Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature ... when
submission to or rejection of this conduct explicitly or implicitly affects
an individual's employment. The first sexual harassment case was in
1976. (2006) Also, these cases have been proven fraudulent. Each
cases have to be exam very closely, because some companies have
paid millions of dollars due to law suits. Sexual harassment cases are
very sensitive, because a person can lose a job, marriage, and his or
her reputation.
A person can lose his or her job due sexual harassment in the work.
According to Jane Larson, a judge dismissed a sexual harassment
against Godaddy.com Inc. Rachel Pearson reported the incident to
her supervisor, but no action was taken.” Also, she alleged, “she was
fired after she filed the complaint.” Later, Rachel filed a sexual
harassment suit, which was not validated against Godaddy.com.
(2010) The Human Resources department plays a major role in sexual
harassment cases. Sexual Harassment is very difficult to deal with in
Human Resource, when it comes down to he say, and she say.
Sometimes, there are not corroborating witness, which can a case to
be dismissed. One of the most popular “he say” and “she say” sexual
harassment cases was the Anita Hill and Clarence Thomas. According
to Michelle Kaminsky of Legalzoom.com, Anita Hill accused Clarence
Thomas of sexual harassment was the first sexual...
... middle of paper ...
...rce the laws against discrimination regardless of race, color, national
origin, religion, sex, age or disability. EEOC is design to promote
fairness in the workplace. The Human Resources department has to
implement the EEOC polices and procedure to avoid lawsuits and to
protect the employee’s rights.
Business Administration is my major but I am concentrating on Human
Resources.
After, a lot of extensive research, I found the Human Resources
department is the core of a company. Human Resource department
has implement policies and procedure to the employees on regular
bases. The Human Resource department is responsible employee
training on new laws. Also, Human Resources department has to be
aware of new laws on continuous bases. I am confident about my
major choice, and I will excel in my new career as a Human
Resources Director.
Res:
Sexual harassment in workplace causes
and remedies.
The problem of sexual harassment in work place is increasingly coming out of the closet. The
case of Tarun Tejpal, managing editor of the news magazine Tehalka is a case in point. This
particular case has brought this issue on the center stage as more victims are gathering
courage to complain such offences.
After of Tarun Tejpal's case a public debate is raging in the country how to control the such
incidents in future. This is because the sexual dimension such cases have implications on
personal, psychological, moral and marital status of an individual.
Sexual harassment occurs in the workplace due to unwelcome, unwanted, uninvited, action or
behavior of a person that causes discomfort, humiliation, offence or distress to the other.
Majority of such cases are directed towards woman by men working at high position in an
organization.
Sexual harassment at a workplace is unwelcome behavior as it affects not only the terms
conditions of employment but also have huge bearing on the working environment of an
organization. Therefore this problem has to be understood looking at its causes and possible
remedies for its effective control.
What is Sexual harassment?
In India, sexual harassment is termed as 'eve teasing' and is described as: unwelcome sexual
gesture or behavior whether directly or indirectly such as sexually colored remarks; physical
contact and advances; showing pornography; a demand or request for sexual favors; any other
unwelcome physical, verbal,non-verbal conduct being sexual in nature, passing sexually
offensive comments or any other such behavior.
What is considered as Sexual harassment
Sexual harassment includes a long list of things. It is necessary to put them here in some detail
in order to caution those who may indulge in such activity. Its actual or attempted rape or
sexual assault, unwanted pressure for sexual favors, unwanted deliberate touching, leaning
over, cornering, or pinching, unwanted sexual looks or gestures, unwanted letters, telephone
calls, or materials of a sexual nature, unwanted sexual teasing, jokes, remarks, or questions.
It also includes referring to an adult, as a girl, doll, babe, or honey, whistling seeing a lady, cat
calls, sexual comments, turning work discussions to sexual topics, sexual innuendos or stories,
asking about sexual fantasies, preferences, or history. Sexual comments on a lady's clothing,
anatomy, or looks. Spreading rumors about personal life of a woman.
Causes
There are many causes of sexual harassment but most important one is the culture and values
system and the relative power and status of the men and women in our society.
The way in which men and women are brought up in India strongly influences their behavior in
an organization. Women often lack self confidence because of the way they have been
socialized and are customized to suffer in silence.
Whereas men are brought up with macho beliefs, who consider females a mere toy to play
with and easily carry these values into the workplace. Such patriarchal viewpoints create a
atmosphere that allows men the freedom of sexual harassment in the workplace, while
women remain vulnerable.
Women are vulnerable to sexual harassment because they more often lack power and often
work in an insecure positions. Due to the fear factor women often resign to their fate rather
than raise their voice against sexual harassment. Since they do not know where to go for
complain and how their complain would be treated, they often keep quit and suffer in
ignominy.
Some times sexual harassment is also seen as a power game, where man insists on sexual
favors in exchange of benefits he can dispense with due to his prevailed position. The 'casting
couch' is probably the best-known example of such power game.
As recent economic and social changes have changed power relations between men and
women in the Indian society, men are feeling a sense of insecurity. With women now being
empowered, some men feel threatened by their career advancement. To over come such
insecure feelings, some men resort to harassing women in the work place.
Sometimes men are stressed in the work place because even after putting their best, they do
not get proper recognition, where as women with little talent are preferred for being fair sex in
an organization. This sometimes causes frustration and such men resort to sexual harassment
to overcome their stress.
Its not only men who are to be blamed all the time, some women think that the real women
have to look sexy. They see sexuality as their only power base to play along. Such attitude of
women sometimes invites sexual advances by men at the work place and then become a case
of sexual harassment.
One of the major reason that sexual harassment goes on unabated because the organization in
order to safeguard its image do not entertain complaint and disciplinary procedures to deal
with sexual harassment.
Remidies
In order to check sexual harassment, an organization should have clear cut policy to register
complaints of such nature and procedure for taking disciplinary action. Such guidelines is
already available through Supreme Court judgment, its only its implementation that is
required.
Every organization should have an effective employment policy that should ensure well
planned career paths based on merit to reduce the vulnerability of individuals and harassment
by those who abuse their power and authority.
There should be awareness among the staff members about sexual harassment and the
consequences they may face if they indulge in such an act. They should know their social
responsibilities to prevent such incident in their organization.
The staff member subjected to sexual harassment must first complain to the committee
members constituted for such purposes in the organization, before going to the police.
Conclusion
Sexual harassment in a work place is a sensitive issue. It cannot be checked merely providing
staff members information about the sexual harassment policy or relying on disciplinary
action. The organization must play proactive role, provide behavioral support and discuss this
aspect as a part of the work routine. The staff must nurture an inclusive, supportive, and
respectful environment in the office in order to build a congenial working atmosphere.
Equally important is that the organization must support the victim of sexual harassment, and
help to overcome the negative effects of such an experience.
Finally, every working women must know that it is high time to stand up and fight for such
injustices. Its only then sexual harassment in work place can be checked.
INRODUCTION:
The problem relating to Sexual harassment at workplace is increasingly coming out of the
closet, as more number of women are stepping out of their house to work. And the reason for
sexual harassment at workplace is due to unwelcomed & unwanted sexual advances or request
for sexual favors. according to international labor organization sexual harassment is defined as
sex-based behavior which is unwelcomed and offensive to its recipient .and it can be made in
two ways – quid pro quo (when sexual favor is demanded on the condition of job benefit i.e.
pay rise, promotion etc.) & hostile working environment which creates condition humiliation
or intimidating for the victim. And sexual harassment can be done physically (Physical violence,
touching, unnecessary close proximity), verbally (Comments and questions about appearance,
life-style, sexual orientation, offensive phone calls) &non-verbally (Whistling, sexually-
suggestive gestures, display of sexual materials). work place sexual harassment is a form of
gender discrimination which violates the fundament rights of the women which are enshrined
in article 14,15 &21 of the constitution. Sexual harassment also creates fear in the minds of
women and leads to an insecure and hostile working environment for women, impeding their
ability to deliver in today’s competing world.it also jeopardizes their social and economic
growth and puts them through adverse physical and emotional suffering.
In India, the supreme court in the case of Vishaka & ors. V state of rajasthan & ors. Held that
sexual harassment at work place is violation of constitutional rights of the women & an
effective alternative mechanism is needed to prevent the violation of these fundamental rights
and to fill the legislative vacuumed & supreme court has also given down some mandatory
guidelines for employer to follow which popularly known as “Vaisakha guidelines”.
After 16 years of this judgement, India’s first legislation specifically addressing the problem of
sexual harassment at work place was enacted by the ministry of women and child
development, by a notification dated 9 December 2013, passed the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “POSH Act”).
The objective of this act is to provide, protection & prevention from sexual harassment at work
place & to cinch effective redressal of their complaint against sexual harassment. While the
aim of this act is to ensure a safe, secure & dignified working environment for women but the
appropriate implementation of this act remains a challenge.
Although the law preventing sexual harassment at workplace has been in force since 2013,
there remains lack of clarity on various aspects pertaining to the statute, including what
constitutes sexual harassment, obligations of an employer, remedies/safeguards available to
the victim, procedure of investigation, etc. Many are also not fully aware of the criminal
consequences of sexual harassment. Lewd jokes, inappropriate comments etc. are dismissed
as normal, with women being hesitant to initiate actions due to apprehension of being
disbelieved or ridiculed; which underpins the need for greater awareness and greater
enforcement. Any tool would be useless if the person operating it is unaware of the way it is
to be used. Therefore, the objective of this research paper is to serve as a ready reckoner to
all the stakeholders and re-educate them on the law relating to workplace sexual harassment.
