i

SEXUAL HARASSMENT OF WOMEN AT WORKLACE

TERM PAPER

UNIVERSITY INSTITUTE OF LEGAL STUDIES( UILS)

PANJAB UNIVERSITY, CHANDIGARH

FOR THE DEGREE OF

LL.M. 1 Year Course (2022-2023)

DEEPINDER SINGH

SUPERVISED BY

PROF. RAJINDER KAUR

UILS, PANJAB UNVERSITY, CHANDIGARH
 iv

ACKNOWLEDGMENT

I would like to express my deep gratitude and appreciation to all those who contributed to the
successful completion of this legal research work.
First and foremost, I am indebted to my mentor and guide, PROF. RAJINDER KAUR, for their
unwavering support, invaluable insights, and guidance throughout this research journey. Your
expertise in the field of law has been instrumental in shaping the direction of this work.
I would like to extend my heartfelt thanks to the faculty and staff of the University Institute of
Legal Studies (UILS), Panjab University, Chandigarh, especially Professor Rajinder Kaur, for
their continuous encouragement and constructive feedback that significantly enriched the quality
of this research.
I am also grateful to my family and friends for their patience, understanding, and encouragement
during the demanding phases of this research project. Your unwavering support has been a
constant source of motivation.
Additionally, I would like to acknowledge the participants and experts who generously shared
their time and insights, contributing to the primary data collection process.
Last but not least, I extend my thanks to all the authors, scholars, and legal practitioners whose
works I have consulted in the course of this research. Your contributions to the field have been
instrumental in shaping my understanding of the subject matter.
This research work would not have been possible without the collective support and
contributions of these individuals and institutions. Thank you all for being an integral part of this
endeavor.

DEEPINDER SINGH
 v

PREFACE

In today's world, the pursuit of gender equality has made remarkable strides, yet significant
challenges persist on the path towards creating truly inclusive and respectful workplaces. One
such challenge that continues to cast a shadow over the professional lives of countless women is
the pervasive issue of sexual harassment in the workplace. This preface introduces the
comprehensive exploration that follows within these pages, delving into the complexities,
consequences, and countermeasures associated with the sexual harassment of women at work.

The subject of sexual harassment is not a new one; it has been an insidious presence in
workplaces for decades. Despite growing awareness and evolving legal frameworks designed to
combat it, sexual harassment remains a disturbingly persistent problem, affecting women across
industries, sectors, and regions. It thrives in the shadows of silence, and its impacts are profound,
reaching far beyond the individual victim to erode workplace morale, productivity, and the
collective fabric of our society.

This report seeks to shine a light on this dark corner of our professional world. It is a call to
action, a plea for empathy, and an exploration of the multifaceted nature of this issue. Through
meticulous research, analysis, and a commitment to understanding the experiences of those who
have endured sexual harassment, we aim to equip individuals, organizations, and policymakers
with the knowledge and tools necessary to combat this deeply ingrained problem.

The voices and stories of survivors serve as a guiding light in these pages, reminding us of the
urgency of this matter and the need for change. We delve into the legal framework that underpins
efforts to combat sexual harassment, but we also recognize that compliance with laws alone
cannot dismantle the deeply entrenched norms and attitudes that allow harassment to persist.

Throughout the report, we explore the critical role organizations play in fostering safe and
inclusive workplaces. We emphasize the importance of leadership accountability, the
implementation of robust policies, and the necessity of ongoing education and awareness
programs. Moreover, we examine the power of bystander intervention and the collective
responsibility we all bear to create environments where harassment is unacceptable.
 vi

This preface serves as an invitation to engage with the insights, data, and perspectives that
follow. It is a call to confront this issue head-on, with the recognition that we all have a role to
play in creating workplaces where women can pursue their careers free from the specter of
sexual harassment. We hope that by reading this report, you will join us in our commitment to
change, to empathy, and to the vision of workplaces where respect and equality reign supreme.

Let this exploration into the sexual harassment of women at the workplace be a catalyst for
dialogue, understanding, and ultimately, a transformation of our professional world into one
where every woman is empowered, respected, and free from the shadow of harassment.

With unwavering determination,

DEEPINDER SINGH

Student LL.M. (1 Year) course,

University Institute of Legal Studies,
Panjab University, Chandigarh.
7 – October – 2024
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LIST OF ABBREVIATIONS

AIDWA All India Democratic Women’s Association

AIIMS All India Institute of Medical Sciences
AIR All India Reporter
AWW Anganwadi Workers
BDPFA Beijing Declaration and Platform For Action
BPL Below Poverty Lines
BMI Body Mass Index
CED Chronic Energy Deficiency
CEDAW Convention on the Elimination of all Forms of Discrimination
Against Women
CEDPA Centre for Development and Population Activities
CEHAT Centre for Enquiry into Health and Allied Themes
CHETNA Centre for Health, Education, Training and Nutrition
CRC Convention on the Rights of Child
DEVAW Declaration on the Elimination of Violence against Women
DWCD Department of Women and Child Development
DO District Officer
ESCA Economic and Social Commission for Asia and the Pacific
FAO Food and Agricultural Organization
FGM Female Genital Mutilation
FIR First Information Report
GDI Gender Development Index
HDI Human Development Index
HDR Human Development Report
HIV/AIDS Human Immunodeficiency Virus/Acquired Immuno-Deficiency
Syndrome
 viii

IRWA Indecent Representation of Women Act

IPC Indian Penal Code
ICCPR International Covenant on Civil and Political Rights
ICDS Integrated Child Development Services
ICC Internal Complaints Committees
ICESCR International Covenant on Economic, Social and Cultural Rights
ICPD International Conference on Population and Development
ILO International Labor Organization
IOM International Organization for Migration
IMR Infant Mortality Rate
IWRAW International Women’s Right Action Watch
IT Information Technology
ITPA Immoral Traffic (Prevention) Act
LCC Local Complaints Committee
MC Mahilla Courts
MDG Millennium Development Goal
MHRD Ministry of Human Resource Development
MMR Maternal Mortality Rate
MMS Multi Media Service
MTP Medical Termination of Pregnancy
NABARD National Bank for Agriculture and Rural Development
NAWO National Alliance of Women
NCW National Commission for Women
NCJRS National Criminal Justice Reference Service
NGO Non-Governmental Organization
NFHS National Family Health Survey
NHRC National Human Rights Commission
 ix

NIPCCD National Institute of Public Cooperation and Child Development

NSS National Sample Survey
PRI Panchayati Raj Institutions
PFA Platform for Action
PTSD Post-Traumatic Stress Disorder
PWDV Protection of Women against Domestic Violence Act
RCH Reproductive and Child Health
RMK Rashtriya Mahila Kosh
RRC Regional Resource Centre
SAARC South Asian Association for Regional Cooperation
SAP Structural Adjustment Progamme
SC/ST Scheduled Caste/Scheduled Tribe
SA Sexual Assault
SH Sexual Harassment
SHW Sexual Harassment at Workplace
SSL Special and Local Laws
SCC Supreme Court Cases
SCR Supreme Court Reporter
SEWA Self-Employed Women’s Association
SHG Self-Help Group
UDHR Universal Declaration of Human Rights
UGC University Grants Commission
UNDP United Nations Development Program
UNFPA United Nations Population Fund
UNIFEM United Nations Development Fund for Women
UNTOC United Nations Convention on Transnational Organized Crime
VAW Violence Against Women
 x

WHO World Health Organization

LIST OF CASES

Vishaka vs. State of Rajasthan AIR 1997 SC 3011

Dr. Punita K. Sodhi v. Union of India & Ors. W.P. (C) 367/2009,
CMS 828, 11426/2009
Ms. G v. ISG Novasoft Technologies Ltd. Madras High Crl.R.C.No.370 of 2014
Court
Mrs. Rupan Deol Bajaj & Anr vs Kanwar Pal Singh Gill 1996 AIR 309,
& Anr 1995 SCC (6) 194
 xi

CONTENTS

Title Page………………………………………………………………………………………….i.
Student’s Declaration……………………………………………………………………………ii.
Supervisor’s Declaration………………………………………………………………………..iii.
Acknowledgement……………………………………………………………………………… iv.
Preface……………………………………………………………………………………………v.
List of Abbreviations……………………………………………………………………………vii.
List of cases……………………………………………………………………………………... x.
Bibliography…………………………………………………………………………………..xviii.
Plagiarism Report……………………………………………………………………………..xxiv.
CHAPTER – 1 .............................................................................................................................................. 1
INTRODUCTION & RESEARCH DESIGN ............................................................................................... 1
1.1 Prelude – ....................................................................................................................................... 1
1.2 Background and Context –............................................................................................................ 2
1.2.1 Historical perspective – ...................................................................................................... 2
1.2.2 Historical Perspective with respect to India – .................................................................. 2
 Pre-Independence Era: .............................................................................................................. 2
 Post-Independence and Early Years (1947-1970s): .................................................................. 2
 Emergence of Women's Movements (1970s-1980s): ............................................................... 2
 Legal Reforms and Vishaka Guidelines (1990s): ..................................................................... 3
 Legislative Changes (2013 and 2018):...................................................................................... 3
 Awareness and Reporting (2010s-2020s): ................................................................................ 3
 Challenges and Ongoing Concerns: .......................................................................................... 3
1.3 Gender Inequality and Power Dynamics – ................................................................................... 4
1.4 Psychological and Emotional Impact – ......................................................................................... 5
1.4.1 Emotional Distress: ........................................................................................................... 5
1.4.2 Anxiety and Depression: ................................................................................................... 5
1.4.3 Post-Traumatic Stress Disorder (PTSD): .......................................................................... 5
1.4.4 Self-Esteem and Self-Worth: ............................................................................................ 5
1.4.5 Withdrawal and Isolation: ................................................................................................. 6
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1.4.6 Impact on Professional Life: ............................................................................................. 6

1.4.7 Long-Term Trauma: .......................................................................................................... 6
1.5 Statement of Problem – ................................................................................................................. 6
1.6 Research Questions – .................................................................................................................... 8
1.7 Objectives and Significance of the Study – .................................................................................. 8
1.8 Hypothesis –.................................................................................................................................. 9
1.9 Research Methodology – ............................................................................................................ 10
CHAPTER – 2 ............................................................................................................................................ 11
LITERATURE REVIEW ........................................................................................................................... 11
2.1 Conceptualizing Sexual harassment –......................................................................................... 13
2.1.1 Definition of “Violence” with respect to Sexual Harassment – ..................................... 14
2.1.2 Labeling Theory – ............................................................................................................. 14
2.2 Male Dominance – ...................................................................................................................... 15
2.2.1 Power Imbalances and Hierarchies:................................................................................ 15
2.2.2 Gender Inequalities: ......................................................................................................... 15
2.2.3 Traditional Gender Roles:................................................................................................ 16
2.2.4 Organizational Culture: ................................................................................................... 16
2.2.5 Lack of Awareness and Support: .................................................................................... 16
2.3 Prevalence and Underreporting – ................................................................................................ 16
2.3.1 Deep-Rooted Patriarchal Culture: .................................................................................. 17
2.3.2 Fear of Retaliation: ........................................................................................................... 18
Male dominance can create an environment where victims fear retaliation if they report harassment.
This fear can deter women from coming forward and seeking redress. ............................................. 18
2.3.3 Ineffective Reporting Mechanisms: ................................................................................. 18
In some cases, organizations may lack clear reporting procedures, and even when they exist, they
may not be effective in addressing harassment. This can discourage victims from coming forward. 18
2.3.4 Lack of Legal Protections and Enforcement: ................................................................. 18
2.4 Motivation in harassment of women at workplace – .................................................................. 18
2.4.1 Patriarchy Approach ........................................................................................................ 20
2.4.2 Interpersonal Power Approach ....................................................................................... 21
2.4.3 Context-Specific Approach .............................................................................................. 21
2.5 Psychological and Emotional Impacts – ..................................................................................... 21
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2.5.1 Anxiety and Depression: ................................................................................................... 21

2.5.2 Post-Traumatic Stress Disorder (PTSD): ....................................................................... 21
2.5.3 Decreased Self-Esteem and Self-Worth: ......................................................................... 21
2.5.4 Guilt and Self-Doubt:........................................................................................................ 22
2.5.5 Impact on Relationships: .................................................................................................. 22
2.5.6 Professional Consequences: ............................................................................................. 22
2.5.7 Impact on Quality of Life: ................................................................................................ 22
2.6 Career and Economic Consequences – ....................................................................................... 22
2.6.1 Career Stagnation: ............................................................................................................ 23
2.6.2 Job Turnover:.................................................................................................................... 23
2.6.3 Damage to Professional Reputation: ............................................................................... 23
2.6.4 Reduced Job Satisfaction: ................................................................................................ 23
2.6.5 Economic Consequences: ................................................................................................. 23
2.6.6 Impact on Future Opportunities: .................................................................................... 23
2.7 Legal Framework and Regulatory Environment – ...................................................................... 24
2.7.1 Anti-Discrimination Laws: ............................................................................................... 24
2.7.2 Specific Legislation on Sexual Harassment: ................................................................... 24
2.7.3 Definition of Sexual Harassment: .................................................................................... 24
2.7.4 Employer Responsibilities: ............................................................................................... 24
2.7.5 Reporting Mechanisms: .................................................................................................... 24
2.7.6 Investigation and Resolution Procedures: ...................................................................... 24
2.7.7 Protection Against Retaliation:........................................................................................ 25
2.7.8 Penalties and Remedies: ................................................................................................... 25
2.7.9 Public Awareness and Training: ..................................................................................... 25
2.7.10 Government Oversight: .................................................................................................... 25
2.8 Organizational Responses and Culture – .................................................................................... 25
2.8.1 Comprehensive Anti-Harassment Policies: .................................................................... 25
2.8.2 Reporting Mechanisms: .................................................................................................... 26
2.8.3 Support Systems:............................................................................................................... 26
2.8.4 Leadership Accountability: .............................................................................................. 26
2.8.5 Prevention and Education: ............................................................................................... 27
2.8.6 Measurement and Evaluation: ......................................................................................... 27
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2.9 Prevention and Intervention Strategies – .................................................................................... 27

2.10 Gaps and Challenges in Existing Literature – ............................................................................. 27
2.10.1 Underreporting and Understudied Industries: ................................................................... 28
2.10.2 Intersectionality and Diverse Experiences: ......................................................................... 28
2.10.3 Impact on Mental Health and Well-being: .......................................................................... 28
2.10.4 Digital and Online Harassment: ........................................................................................... 28
2.10.5 Bystander Intervention: ........................................................................................................ 29
2.10.6 Comparative and Cross-Cultural Studies: .......................................................................... 29
2.10.7 Longitudinal Studies:............................................................................................................. 29
2.11 Sociological Facts pointed out about Women as the Victims of Sexual ..................................... 29
2.11.1 Structures as a source of problems: ................................................................................ 29
2.11.2 Traditions of barriers to assertion: ................................................................................. 29
2.11.3 Resource Deprivation and Suffering of Self: .................................................................. 30
2.11.4 Attachment: ....................................................................................................................... 30
2.11.5 Structural Suffocation: ..................................................................................................... 30
2.11.6 Negation of Revolt:............................................................................................................ 30
2.11.7 Self-Esteem Situations: ..................................................................................................... 30
CHAPTER – 3 ............................................................................................................................................ 31
PREVALENCE AND IMPACT OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ....... 31
3.1 Genesis of SHW – ....................................................................................................................... 31
3.1.1 Male Dominance –............................................................................................................. 33
3.1.2 The Historical Imperative – ............................................................................................. 33
3.2 Underreporting Trends and Causes ............................................................................................. 34
3.2.1 Fear of Retaliation: ........................................................................................................... 34
3.2.2 Ineffective Reporting Mechanisms: ................................................................................. 34
3.2.3 Lack of Legal Protections and Enforcement: ................................................................. 35
3.3 Psychological and Emotional Toll on Victims............................................................................ 35
3.4 Impact on career Progression – ................................................................................................... 36
3.4.1 Stalled Career Growth: .................................................................................................... 36
3.4.2 Psychological Distress: ...................................................................................................... 36
3.4.3 Reduced Job Satisfaction: ................................................................................................ 36
3.4.4 Impeded Networking and Mentoring: ............................................................................ 36
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3.4.5 Job Turnover and Career Disruption: ............................................................................ 36

3.4.6 Stigmatization and Career Damage: ............................................................................... 36
3.4.7 Opportunity Costs: ........................................................................................................... 37
3.4.8 Legal and HR Involvement: ............................................................................................. 37
CHAPTER – 4 ............................................................................................................................................ 38
ORGANIZATIONAL RESPONSES AND CULTURE ............................................................................. 38
4.1 Role of Leadership and Management ......................................................................................... 38
A system-wide change to the culture and climate is required to prevent and effectively address all three
forms of sexual harassment. Despite significant attention in recent years, there is no evidence to
suggest that current policies, procedures, and approaches have resulted in a significant reduction in
sexual harassment. It is time to consider approaches that address the systems, cultures, and climates
that enable sexual harassment to perpetuate. .......................................................................................... 38
4.1.1 Leadership ......................................................................................................................... 38
4.1.2 Environmental Impact ...................................................................................................... 38
4.2 Development and Implementation of Anti-Harassment Policies – ............................................. 39
4.2.1 Reporting System and Support Policies .......................................................................... 39
4.2.2 Confidentiality and nondisclosure agreements .............................................................. 39
4.2.3 Transparency and accountability .................................................................................... 40
4.3 Training and Education Policies – .............................................................................................. 40
4.3.1 Training ............................................................................................................................. 40
4.3.2 Standards ........................................................................................................................... 41
4.3.3 Climate ............................................................................................................................... 41
4.3.4 System Wide Change ........................................................................................................ 41
4.3.5 Higher Education: ............................................................................................................. 41
4.3.6 Professional Societies ........................................................................................................ 42
4.4 Need for Change: A Humanistic approach – .............................................................................. 43
4.4.1 Creating Awareness among males for changing their traditional outlook towards ... 44
4.4.2 Strengthening Women’s Voluntary Organizations –..................................................... 44
4.4.3 Focusing on Education and Training Pregames for Women – ..................................... 45
4.4.4 Opening Women Hostels – ............................................................................................... 45
4.4.5 Changing the Criminal Justice System – ........................................................................ 45
CHAPTER – 5 ............................................................................................................................................ 46
PREVENTION STRATEGIES AND BYSTANDER INTERVENTION.................................................. 46
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5.1 Evaluation of Prevention Programs ............................................................................................ 46

5.1.1 Adjustment Phases – ......................................................................................................... 46
5.1.2 Symbolic Interaction Theory – ........................................................................................ 48
5.1.3 Theory of Family Systems – .................................................................................................... 49
5.2 Promoting Bystander Intervention .............................................................................................. 50
5.2.1 Awareness and Training Programs:................................................................................ 50
5.2.2 Provide Clear Reporting Mechanisms: ........................................................................... 50
5.2.3 Encourage Bystander Training: ...................................................................................... 50
5.2.4 Promote a Culture of Support: ........................................................................................ 50
5.2.5 Recognize and Reward Bystander Actions: .................................................................... 51
5.2.6 Evaluate and Improve Programs: ................................................................................... 51
5.2.7 Legal Framework and Policies: ....................................................................................... 51
5.3 Best Practices in Prevention ........................................................................................................ 51
5.3.1 Establish an Internal Complaints Committee (ICC): .................................................... 51
5.3.2 Create a Comprehensive Anti-Sexual Harassment Policy: ........................................... 51
5.3.3 Mandatory Employee Training: ...................................................................................... 51
5.3.4 Promote Reporting and Confidentiality: ........................................................................ 52
5.3.5 Raising Awareness and Sensitization: ............................................................................. 52
5.3.6 Leadership Commitment: ................................................................................................ 52
5.3.7 External Support and Redressal: .................................................................................... 52
5.3.8 Documentation and Record Keeping: ............................................................................. 52
5.3.9 Regular Audits and Assessments: .................................................................................... 52
5.3.10 Legal Compliance: ............................................................................................................ 52
CHAPTER – 6 ............................................................................................................................................ 53
DISCUSSIONS AND ANALYSIS ............................................................................................................ 53
6.1 Types of Sexual Harassment ....................................................................................................... 53
6.2 Direct and Indirect Sexual Behavior ........................................................................................... 53
6.3 Scientific Methods ...................................................................................................................... 53
6.4 Reports and Surveys ................................................................................................................... 54
6.5 Sexual Harassment a persistent problem .................................................................................... 54
6.6 Inclusion of minority................................................................................................................... 54
6.7 Environmental factor................................................................................................................... 55
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6.8 Organization Climate .................................................................................................................. 55

CHAPTER – 7 ............................................................................................................................................ 56
RECOMMENDATIONS ............................................................................................................................ 56
7.1 RECOMMENDATION 1: Create diverse, inclusive, and respectful environments. .................. 56
7.2 RECOMMENDATION 2: Address the most common form of sexual harassment: .................. 56
7.3 RECOMMENDATION 3: Move beyond legal compliance to address culture and climate. ..... 57
7.4 RECOMMENDATION 4: Improve transparency and accountability. ....................................... 57
7.5 RECOMMENDATION 5: Diffuse the hierarchical and dependent relationship........................ 58
7.6 RECOMMENDATION 6: Provide support for the target. ......................................................... 58
7.7 RECOMMENDATION 7: Strive for strong and diverse leadership. ......................................... 58
7.8 RECOMMENDATION 8: Measure progress. ............................................................................ 58
7.9 RECOMMENDATION 9: Incentivize change. .......................................................................... 59
7.10 RECOMMENDATION 10: Encourage involvement of professional societies .......................... 59
7.11 RECOMMENDATION 11: Initiate legislative action. ............................................................... 60
7.12 RECOMMENDATION 12: Address the failures to meaningfully enforce ................................ 60
7.13 RECOMMENDATION 13: Increase federal agency action and ................................................ 61
7.14 RECOMMENDATION 14: Conduct necessary research. .......................................................... 61
7.15 RECOMMENDATION 15: Make the entire academic community responsible ........................ 62
7.16 RECOMMENDATION 16: Policy Enhancements..................................................................... 62
CHAPTER – 8 ............................................................................................................................................ 63
CONCLUSION ........................................................................................................................................... 63
8.1 Summary of Key Findings – ....................................................................................................... 63
8.2 Legal provisions – ....................................................................................................................... 64
8.3 Implications for Practice and Policy – ........................................................................................ 65
8.4 The Way Forward – .................................................................................................................... 65
 1

CHAPTER – 1
INTRODUCTION & RESEARCH DESIGN

"Today another woman died, and not on a foreign field and not with a rifle strapped to
her back, and not with a large defense of tanks rumbling and rolling behind her. . . She
was the same girl her mother used to kiss; the same child you dreamed beside in school.
The same baby her parents walked in the night with and listened and listened and
listened for her cries even while they slept. And someone has confused his rage with this
woman's only life."----Carol Geneya Kaplan
In a world marred by injustice, there remains a road, long and winding, that leads to
redemption. As we embark on our exploration of sexual harassment, we recall the
sentiments of Victor Hugo:
"Even the darkest night will end and the sun will rise."
In the darkness of harassment, let us envision a dawn where respect, dignity, and equality
illuminate our path, guiding us toward a brighter, more just future.

1.1 Prelude –
Sexual Harassment of Women is an obstacle to the achievement of the objectives of
equality, development and peace", categorically declares the Beijing Platform for Action.
It further asserts, "In all societies, to a greater or lesser degree, women and girls are
subjected to physical, sexual and psychological abuse that cuts across lines of income,
class and culture. The low social and economic status of women can be both a cause and
consequence of violence against women."1
Taking a holistic interpretation of violence against women, the Beijing Platform for Action
defines it as "any act of gender-based violence that results in, or is likely to result in
physical, sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private
life.‖ Recommendation 19 of the CEDAW defines gender based violence as a ―form of
discrimination that seriously inhibits women‘s ability to enjoy rights and freedoms on a
basis of equality with men‖.2
Sexual harassment at the workplace is a pervasive issue that affects women worldwide.
This term paper provides a comprehensive examination of the phenomenon of sexual
harassment, focusing specifically on its impact on women in professional settings. Through
an exploration of its various forms, consequences, legal framework, prevention strategies,

1
UN WOMEN: Beijing Declaration and Platform For Action (1995): BDPFA is a landmark document for advancing
women’s rights and Gender equality worldwide, agreed upon during the 4th World Conference on Women in
1995.
2
Progress of South Asian Women, 2005, UNIFEM, New Delhi, 2005, p. 28.
 2

and the role of organizations, this report aims to shed light on the gravity of the problem
and advocate for meaningful change.
Sexual harassment remains a deeply troubling issue in workplaces across the globe. It
disproportionately affects women, creating hostile work environments and hindering their
professional growth and well-being. This paper explores the intricate facets of sexual
harassment and its profound implications, aiming to contribute to a deeper understanding
of this problem.

1.2 Background and Context –

Sexual harassment in the workplace has long been a pressing concern, with profound
implications for the professional and personal lives of women. This section provides an
overview of the historical background and contextual factors that contribute to the
prevalence of sexual harassment against women in professional settings.
1.2.1 Historical perspective –
The issue of sexual harassment in the workplace has deep historical roots. It wasn't until
the latter half of the 20th century that it began to gain substantial attention and legal
recognition. The women's liberation movement of the 1960s and 1970s played a pivotal
role in raising awareness about gender-based discrimination and harassment. The term
"sexual harassment" itself was coined by activist and legal scholar Catharine MacKinnon
in her 1979 book, "Sexual Harassment of Working Women." This groundbreaking work
laid the foundation for legal and social efforts to combat workplace harassment.3
1.2.2 Historical Perspective with respect to India –

 Pre-Independence Era:
Before India gained independence in 1947, women's participation in the formal
workforce was limited. However, instances of sexual harassment did occur in various
industries and workplaces. These incidents often went unreported due to social
stigmatization and a lack of legal protections for women.

 Post-Independence and Early Years (1947-1970s):

After gaining independence, India adopted a democratic constitution that enshrined
principles of equality and non-discrimination. Despite this, sexual harassment
remained largely unaddressed in the workplace during this period. There was limited
awareness of the issue, and women's representation in the workforce was relatively
low.

 Emergence of Women's Movements (1970s-1980s):

The 1970s and 1980s saw the emergence of women's movements in India, raising
awareness about issues such as gender inequality, sexual harassment, and workplace
3
MacKinnon, C. A. (1979). Sexual Harassment of Working Women: A Case of Sex Discrimination. Yale University
Press.
 3

discrimination. Several landmark cases and incidents highlighted the need for legal
safeguards.

 Legal Reforms and Vishaka Guidelines (1990s):

The turning point came in 1997 with the Supreme Court of India's Vishaka judgment.
In this case, the court recognized sexual harassment at the workplace as a violation of
women's fundamental rights. The court issued guidelines, known as the Vishaka
Guidelines, which defined sexual harassment, mandated the establishment of Internal
Complaints Committees (ICCs), and outlined the process for addressing complaints.

 Legislative Changes (2013 and 2018):

In 2013, the Indian government enacted the Sexual Harassment of Women at
Workplace (Prevention, Prohibition, and Redressal) Act, which incorporated the
Vishaka Guidelines into law. This legislation made it mandatory for all workplaces
with ten or more employees to establish ICCs to handle complaints. In 2018,
amendments were made to extend protection to female workers in the informal sector.

 Awareness and Reporting (2010s-2020s):

Over the past decade, there has been a growing awareness of sexual harassment issues
in India, thanks in part to the #MeToo movement. Women across various industries
have come forward to share their experiences, leading to increased reporting and
discussion of the problem.4

 Challenges and Ongoing Concerns:

Despite legal safeguards and awareness campaigns, several challenges persist.
Underreporting of incidents remains a significant issue due to fear of retaliation, social
stigma, and a lack of awareness among women about their rights. Additionally, there
is a need for continued efforts to change workplace culture and ensure the effective
implementation of laws.
In summary, the historical perspective of sexual harassment of women in the workplace in
India has evolved from a largely unaddressed issue to one that is now legally recognized
and actively discussed.
Legal reforms, court judgments, and the efforts of women's movements have played a
pivotal role in bringing about change, but there is still work to be done to ensure safer
workplaces for women across the country.

4
Buon, T. (2019). The #MeToo Movement: Relevance and Implications for the Global Labor and Employment
World. Cornell International Law Journal, 52(1), 1-31.
 4

1.3 Gender Inequality and Power Dynamics –

Sexual harassment is intricately linked to gender inequality and power imbalances in
society. It often occurs when individuals misuse their positions of authority or influence to
exert control over women in the workplace. The #MeToo movement, which gained
momentum in 2017, highlighted the systemic nature of harassment and the abuse of power
by high-profile individuals in various industries.5
In India, a complex interplay of gender inequality and power dynamics has given rise to a
pervasive and alarming issue: sexual harassment of women in the workplace. At the core
of this problem lies a deeply rooted societal imbalance where men traditionally hold
positions of power and authority while women often find themselves in subordinate roles.
This power differential, coupled with cultural norms that perpetuate gender-based
discrimination, creates a fertile ground for sexual harassment to thrive.
Gender inequality in India is multifaceted and manifests in various forms. Women
continue to face disparities in wages, opportunities for career advancement, and
representation in leadership roles. According to the World Economic Forum's Global
Gender Gap Report, India consistently ranks low in gender equality indices, reflecting the
systemic discrimination women encounter in professional spheres. Such disparities
contribute to an environment where women are disadvantaged in terms of decision-making
power and influence within organizations.6
Power dynamics play a pivotal role in perpetuating sexual harassment. Many Indian
workplaces adhere to hierarchical structures where male superiors wield significant
authority. This power dynamic can make it challenging for women to report instances of
harassment. The fear of retaliation, job loss, or damage to their professional reputation
often silences victims, trapping them in a cycle of abuse.
India has implemented legal frameworks to address sexual harassment, most notably the
"Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013," which mandates the establishment of Internal Complaints Committees (ICCs).
However, these mechanisms are only effective if power imbalances are tackled
comprehensively.7
Cultural factors also contribute to the issue. Norms and stereotypes that perpetuate gender-
based discrimination and victim-blaming further compound the challenges women face
when confronting harassment. Challenging these cultural norms is a vital step towards
creating a more equitable workplace.8
Efforts to combat sexual harassment must encompass not only legal measures but also
broader societal changes. Empowering women economically and socially, challenging

5
Ibid p.3
6
Global Gender Gap Report, World Economic Forum 91–93 route de la Capite CH-1223 Cologny/Geneva
Switzerland
7
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
8
UN Women. (2020). Understanding and Addressing Violence against Women.
 5

ingrained gender norms, and fostering awareness of workplace rights are essential steps
toward rectifying the deeply entrenched gender inequality and power imbalances that
underlie the sexual harassment of women in Indian workplaces.9

1.4 Psychological and Emotional Impact –

Sexual harassment can have severe psychological and emotional consequences for victims.
It can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and a range of
other mental health issues. The fear of encountering the harasser on a daily basis can create
a hostile work environment, causing significant distress and affecting job performance.
Sexual harassment of women in the workplace in India has profound psychological and
emotional impacts on victims, often leaving lasting scars that affect their well-being,
mental health, and overall quality of life. These impacts can be devastating, and they
underscore the urgent need for effective prevention and support mechanisms. Below are
discussed some of the psychological and emotional consequences of workplace sexual
harassment:

1.4.1 Emotional Distress:

Workplace sexual harassment can lead to intense emotional distress, including
feelings of fear, humiliation, shame, anger, and helplessness. Victims often
experience a range of negative emotions as a result of the trauma they have
endured.

1.4.2 Anxiety and Depression:

Many women who experience sexual harassment at work develop symptoms of
anxiety and depression. The constant fear, stress, and emotional turmoil can
contribute to the onset or exacerbation of these mental health conditions.10

1.4.3 Post-Traumatic Stress Disorder (PTSD):

In severe cases, sexual harassment can lead to post-traumatic stress disorder
(PTSD), characterized by intrusive thoughts, nightmares, flashbacks, and avoidance
behavior. The traumatic experience of harassment can have a lasting impact on a
victim's mental health.11

1.4.4 Self-Esteem and Self-Worth:

Workplace harassment often erodes a victim's self-esteem and self-worth. They
may blame themselves for the harassment or question their abilities, which can
have long-term consequences on their self-confidence and career aspirations.12

9
UNICEF Strategy to Prevent and Respond to Sexual Exploitation and Abuse and Sexual Harassment January 2019.
10
Koss, M. P., & Oros, C. J. (1982). Sexual Experiences Survey: A Research Instrument Investigating Sexual
Aggression and Victimization. Journal of Consulting and Clinical Psychology, 50(3), 455-457.
11
American Psychiatric Association. (2013). Diagnostic and Statistical Manual of Mental Disorders (DSM-5).
American Psychiatric Publishing.
12
Gruber, J. E., & Smith, A. N. (2017). Women at work: Exploring the influence of sexual harassment on women,
workplace identity, and intention to remain. Sex Roles, 76(3-4), 183-197.
 6

1.4.5 Withdrawal and Isolation:

Victims of workplace sexual harassment may withdraw socially and isolate
themselves, both at work and in their personal lives. The fear of encountering the
harasser or facing further victimization can lead to isolation and a sense of
alienation.

1.4.6 Impact on Professional Life:

Sexual harassment can negatively impact a woman's professional life, including her
job performance, career advancement, and job satisfaction. Victims may also
change jobs or leave the workforce altogether to escape the hostile work
environment.13

1.4.7 Long-Term Trauma:

The psychological and emotional trauma from workplace sexual harassment can
persist long after the incidents occur. It can affect a woman's personal relationships,
overall well-being, and mental health throughout her life.14
Addressing the psychological and emotional impact of workplace sexual harassment
requires not only legal and organizational changes but also a supportive environment that
encourages victims to come forward, seek help, and receive appropriate care and
counseling. It's crucial to recognize that these impacts are not limited to the workplace but
have a lasting influence on a woman's overall mental and emotional health.

1.5 Statement of Problem –

The Statement of the problem under this Term Paper Report is that in spite of various
legislative frame works and Courts guidelines in the country, yet it seems to be inadequate
to deal with increasing sexual violence against women in the country.
Firstly in this era of modernization and digitalization, still the society in trapped by
patriarchal norms and beliefs. As a result of which though the society became modern, but
in reality it took up being modern as a fashionable attitude. But even then the present
modern culture / society is of the view that a good woman is safely ensconced in her home,
and does not go out after dark or visit unsafe places.
Housework and housekeeping is for girls, if women are not good, men have a right to
―teach them a lesson‖ by raping them. And if that happens a woman being raped has a
responsibility to silently accept the assault and if in case being raped, she should not fight
back. She should just be silent and allow the rape.
Not only this but also the authorities in the power and a member of state women
commission claimed in an Interview, ―Rapes take place also because of a woman's clothes,

13
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
14
Fitzgerald, L. F., Drasgow, F., Hulin, C. L., Gelfand, M. J., & Magley, V. J. (1997). Antecedents and
consequences of sexual harassment in organizations: A test of an integrated model. Journal of Applied Psychology,
82(4), 578-589.
 7

her behavior and her presence at inappropriate places‖, she also commented on the case of
photojournalist who was gang-raped in Mumbai, that – ―why did the victim go to such an
isolated spot at 6 p.m.?‖ Such a comment reflects the degree of attitudes that are
disturbingly common in India and are central to its climate of hostility towards women‖.
The Second problem which is associated is the Psychological factor or Psychological
development. We can also term it as inadequate character development. Earlier there was
no technology like T.V. and radio. Thus the work of brainwash is done by the parents and
relatives through their patriarchal norms and beliefs. In modern era it is done with the help
of technology and also the cinema played a big role in the line. Once, Mahatma Gandhi
wrote that one can learn much faster, if the things became visual even a dumb can
understand the meaning and concept through visualization.
Thirdly, lack of strong political or legislative Will, being the other big reason - this is so
because since the concept of welfare state has emerged there seems to be a flood of
legislative enactments to protect the integrity and dignity of the women. There is always a
political agenda during elections to protect women from sexual and other form of violence
and crime. But even after having dozens of legislative enactments, there is still no
extinguishment or abolishment of Sexual Harassment of Women at Workplace not only in
relation to India but in relation to the Global perspective.
Even though the economic, political and social conditions in India are changing swiftly,
still for women the circumstances are rare to be able to feel safe within their bodies with
the startling increase in the number of rape cases in recent years. According to NCRB, rape
cases have increased since 2001, 16,075 cases were reported in 2001 across India, this
number rose drastically to 32,632 in 2018 - an increase of nearly 103 percent but experts
agree that far more occur than are reported.
The police system in India plays a significant role in protecting the women and preventing
gender-based violence. However, there have also been reports in India on violation and
discrimination by authorities tasked with protecting victim of sexual crime blocking
investigation of rape or dissuading the victim from registering a case based on gender,
class or caste. In India, both the state authorities and the society play a significant role in
relation to women‘s situation in the populous nation.
Surprisingly, prevailing all the current situations in the societies, the females of every age
group which are the victims of crime and violence are still not been given much attention
in books on social problems or in literatures of criminal violence. The attitude of
indifference and negligence is primarily the result of the widespread acceptance of man‘s
superiority over women because of which violent and harassment against women are not
viewed as violence and harassment in fact.15

15
Ahuja, Ram, Crimes against Women, Criminology pg - 215, Rawat Publicatoins, New Delhi, 2005.
 8

1.6 Research Questions –

This research aims to comprehensively investigate the multifaceted problem of sexual
harassment in the Indian workplace context, examining its prevalence, underlying factors,
impact on victims, organizational responses, and the effectiveness of existing legal and
policy frameworks.
This study will seek to answer the following key research questions:
1. What is the extent and nature of sexual harassment experienced by women in
various sectors and industries across India?
2. What are the underlying factors and contributing elements that perpetuate
sexual harassment in the workplace, including power dynamics, gender
inequalities, cultural influences, and organizational culture?
3. How does workplace sexual harassment impact the psychological well-being,
career trajectories, and overall quality of life of female victims?
4. What are the existing organizational responses and preventive measures in place
to address sexual harassment, and what are their strengths and limitations?

5. What recommendations can be made to improve prevention, reporting

mechanisms, and support systems to create safer and more equitable workplaces
for women in India?
This research aims to provide a comprehensive analysis of the sexual harassment problem,
offering insights and recommendations that can inform policy, practice, and future research
in the pursuit of safer and more gender-equitable workplaces for women across India.

1.7 Objectives and Significance of the Study –

1. To Assess the Prevalence and Nature of Sexual Harassment: Determine the extent
and types of sexual harassment experienced by women in various sectors and
industries in India.

2. To Identify Factors Contributing to Sexual Harassment: Investigate the underlying

factors and drivers of workplace sexual harassment, including power dynamics,
gender inequalities, cultural influences, and organizational culture.

3. To Examine the Impact on Victims: Explore the psychological, emotional, and

professional consequences of workplace sexual harassment on female victims,
including its effects on mental health, self-esteem, and career trajectories.

4. To Evaluate Organizational Responses and Preventive Measures: Assess the

effectiveness of existing organizational policies, practices, and preventive measures in
addressing sexual harassment, including the establishment and functioning of Internal
Complaints Committees (ICCs).
 9

5. To Analyze the Role of Legal and Policy Frameworks: Evaluate the impact and
effectiveness of legal and policy frameworks, such as the "Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," in curbing
workplace sexual harassment and providing redressal for victims.

6. To Provide Recommendations for Improvement: Based on the findings, offer

evidence-based recommendations for enhancing prevention, reporting mechanisms,
and support systems to create safer and more equitable workplaces for women in
India.

7. To Contribute to the Body of Knowledge and Awareness: Contribute to the

academic understanding of workplace sexual harassment by providing empirical data
and analysis, thus raising awareness about this critical issue.

8. To Inform Policy and Practice: Provide insights and information that can inform
policy development, organizational practices, and future research endeavors aimed at
combatting workplace sexual harassment.

9. To Promote Gender Equity and Safe Workplaces: Ultimately, promote gender

equity and contribute to the creation of safe, respectful, and inclusive work
environments where women can thrive professionally without fear of harassment.
These research objectives guide the data collection, analysis, and discussion throughout
Term Paper Report. They provide a clear structure for the study, ensuring that it addresses
the key aspects of the problem of sexual harassment of women in the workplace
comprehensively.

1.8 Hypothesis –
On the basis of all the study and research, all the academic materials, all the various
reports, articles, literature works and even the newspaper article, the following hypothesis
are derived in the term paper to be proved or unproved –
 Due to the male superiority existing in the society, every instance of harassment
against women committed by the men, the harassments so committed are not seen as
harassment in fact. Therefore, the following hypothesis emerges –
1. “In eyes of the general public, there is a male superiority over women.”

 There are many instances of sexual harassment of women at workplaces, where the
offences go unnoticed by the authorities and even if the authorities do notice the
offences there are many chances of non-reporting by women. Hence, the following
hypothesis arise –
2. “Women acquiesce the acts of sexual harassment at workplace.”
 10

 With so much of use of sexual remarks and gender discriminate jokes which the male
thinkers of the society or workplace makes, it can be very well aid that the –
3. “Sexual harassment is the unsolicited nonreciprocal male behavior that asserts
a woman's sex role over her function as worker.”

1.9 Research Methodology –

The current research undertaking is confined to a doctrinal or non-empirical approach,
relying predominantly on existing literature as its informational foundation. This
qualitative research venture will encompass information derived from diverse sources,
encompassing pertinent legal frameworks, legal precedents, literary works, academic
journals, research manuscripts, articles, and news publications. The internet will also serve
as an invaluable resource, ensuring that the study remains attuned to contemporary global
developments. The research strategy primarily entails two facets. On one hand, it
comprehensively delineates the prevailing issues within the subject under examination,
offering an intricate depiction of the present landscape. On the other hand, it undertakes a
search for potential remedies, exploring corrective measures that could ameliorate these
issues. Moreover, the specific challenges posed before SHW tend to be field-specific,
lending themselves better to applied research approaches.
The present study is underpinned by a collection of primary and secondary data garnered
from an array of sources. These include constitutional provisions, legal statutes, case
judgments rendered by higher courts, scholarly works, legal periodicals, magazines,
newspapers (both print and digital formats), online databases, and official court records.
This extensive pool of data culminates in a comprehensive investigation, yielding insights
from various dimensions of legal discourse.
 11

CHAPTER – 2
LITERATURE REVIEW

When considering the literature review or literature survey carried out by the researcher to
identify relevant existing materials related to the present study, a comprehensive search
was conducted across various sources encompassing diverse types of literature. The
researcher managed to gather information from various sources, including research-based
law journals, books, and articles. Additionally, legislative sources such as criminal statutes,
rules, notifications, judicial precedents, and reports from the Law Commission of India
have also been consulted.
 In the literature work of ―INVESTIGATING SOCIAL PROBLEMS‖ by A. Javier
Trevino16 the author has compiled up the the views and observation of not 2 or 3 but it is
written by a panel of 22 authors. All of them are Sociologists who frame the problems in
question within the sociological imagination and provides the most current theories,
research and examples.
The mains author we are concerned with in this book is Rebecca F. Plante, who is an
associate professor of sociology at Ithaca College. Her major contributions having
relevance to this Term Paper Report are – Sexuality in Context: A Social Perspective, and
Sexualities: Identities, Behaviors and Society.
 In the literary work of Ahuja, Ram, Criminology, Rawat Publications, Jaipur and New
Delhi, 2005, the author has devoted his work in relation to the subject of Criminology with
special focus on the Crimes Against Women. This special focus encompasses the
following things –
i. Harrasment and Humiliation of women;
ii. Concept of crime against women;
iii. Incidence of Crimes;
iv. The Victims (women);
v. Male Criminals or Exploiters or Perpetrators of Violence;
vi. Intra –Familial Sexual Violence
vii. Motivation in Crime;
viii. New Theoretical Approach;
ix. Police and Judicial Reaction;
x. Self-image, Self-esteem and Adjustment of Victims;
xi. Need for change: A Humanistic Approach.
The above said aspects of Crimes Against Women comprehensively covers and explains
the Sexual Harassement of Women at Workplace.17

16
Trevino Javier A., Investigating Social Problems p. 108, SAGE Publications India Pvt. Ltd., New Delhi, 2015.
17
Ahuja, Ram, Crimes Against Women, Criminology. Rawat Publications, New Delhi, 2005.
 12

 Mohanty, Lopamudra HANDBOOK On Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013, Government of India, Ministry of
Women and Child Development, November, 2015, the ministry of women and child
development laid down an elaborative processes and rules in relation to the prevention and
redressal of sexual harassment of women.
The Handbook is structured into six sections. The first section is an introduction and detail
regarding the genesis of the Act, the second sets the context by defining the workplace and
sexual harassment and impact of such behavior, the third focuses on the key individuals
and institutions involved in prohibition and prevention processes and their responsibilities,
section four discusses the redressal mechanism followed by monitoring requirement in
section five and important international frameworks and best practices on sexual
harassment at the workplace in the concluding section.
 The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)
Act, 2013 incorporates Article 11 of CEDAW18 as a part of its Objects and Reasons, which
requires States Parties to take all appropriate measures to eliminate discrimination against
women in the workplace.
Sexual harassment is one such form of gendered violence, which can seriously impair
equality in employment for women. Furthermore, this legislation contains provisions that
protect all women regardless of employment status. Additionally, the Statement of Objects
and Reasons acknowledges that the Supreme Court has provided guidelines to address this
issue until appropriate legislation is enacted19.
 Sexual Harassment, Psychology and Feminism is a compelling work of literature which
comprehensively explores sexual harassment as it relates to #MeToo and addresses the
complexities in discourses around it.
In recent years, discussion of sexual harassment has been foregrounded by #MeToo, but it
is a much wider topic with a longer history. This book, destined to become an invaluable
reference, provides historical context for #MeToo and incorporates a critique of key
discourses around normative heterosexuality, neoliberalism and post-feminism to review
victims‘ resistance to sexual harassment at work, and society‘s wider response to it.
Starting with the history of sexual harassment, and setting it in context within feminist
activism, academia, and law, the book also covers the sexual harassment of men and
discourses around victimhood and the sexual predator. A key question Lazard asks
throughout is: ―who gets to speak about [sexual harassment], and who is heard?‖ To

18
UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women, 18
December 1979, United Nations, Treaty Series, vol. 1249, p. 13,
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm.
19
States Parties shall take all appropriate measures to eliminate discrimination against women in the field of
employment in order to ensure, on a basis of equality of women and women, the same rights, in particular
 13

answer this, the book is divided into six chapters, each of the middle four approaching the
question from different angles20.
 In this book, the first book-length treatment of sexual harassment, Farley described
women's experiences of sexual harassment in both traditional and nontraditional jobs,
using testimony from the 1975 speak-out, newspaper reports, court records, surveys, and
personal interviews. She extensively quoted sexually harassed women and discussed the
incidence and economic impact of harassment. Farley also discussed legal remedies and
other ways to combat sexual harassment. Throughout the work, she emphasized her view
of sexual harassment as being primarily rooted in a patriarchal system.

2.1 Conceptualizing Sexual harassment –

Human sexuality is complicated by its connections to biology and to the cultural world,
with its social institutions, customs, beliefs, and interpretations. Our social world also
embraces contradictory, confusing perspectives and information. For example, we are told
that "having sex" meaning, engaging in heterosexual activities is "natural" and that
reproduction is the key goal of these activities.21 We are told that people "naturally" have
sexual urges, hormones, and needs that must be fulfilled, but that people should also
control themselves for religious, social, or cultural reasons. These contradictions and
confusion leave a lot of gray area for individual and collective interpretations.22
Further, the meanings and interpretations of most of what we call "sexual" are subject to
changing societal agreements about what "sex" is, who is sexual, and what our collective
belief systems are. Human sexualities are more than just natural urges or biological drives,
such as the desire to have children. Sexualities also have specific social, cultural, and
historical meanings and interpretations. In the United States, for example, many people
believe it is acceptable for men and women to be sexually active premarital, while others
believe sexual activity is acceptable only after marriage. 23
Generally, women can be the victims of every crime that is in the book, yet there is a
special category of crime which only deals with the women as victims. These crimes are
given the nomenclature of ―Crimes against Women.‖24
Therefore, the crimes in which only the women are victims i.e. nature of crime is such as
the offences can only be committed by the men only against the women and not vice-versa.
These crimes against women are comprehensively bifurcated in two categories, namely –
a) [Crimes under the Indian Penal Code (IPC): the IPC includes & crimes especially
against women –
i. Rape;

20
Lisa Lazard, Sexual harassment, psychology and feminism: #MeToo, victim politics and predators in neoliberal
times, SAGE Publications, 2020.
21
Seidman Steven, Handbook of the new Sexualities, Routledge International Publication, 2006 Ed.
22
Plante F. Rebecca, Investigating Sexuality, SAGE Publications India Pvt. Ltd., New Delhi, 2015
23
Ibid.
24
Ahuja, Ram, Crime against Women, pg – 215. Rawat Publications, Jaipur and New Delhi, 2005.
 14

ii. Kidnapping and Abduction;

iii. Dowry Deahs;
iv. Torture – physical and mental;
v. Molestation;
vi. Sexual Harrasment; and
vii. Importation of Girls
b) Crimes under Special and Local Laws (SSL): This category includes many special
Acts/Statutes in reation to Crimes against Women, such as –
i. Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013; and
ii. Indecent Representation of Women Act, 1987 (IRWA); and
iii. Protection of Women Against Domestic Violence Act, 2005 (PWDV); and
many more.]25
Additionally, there are several amendments in these criminal laws which have added
new offences against women respecting the advancement of society, namely –
i. The Criminal Law (Amendment) act, 200826; and
ii. The Criminal Law (Amendment) act, 201327; and
iii. The Criminal Law (Amendment) act, 201828; and finally
iv. The Bharatiya Nyaya Sanhita, 2023
2.1.1 Definition of “Violence” with respect to Sexual Harassment –
The clarification of the concept of ―violence‖ is also dominantly important to
discuss in the conceptualization of Sexual Harassment. With reference to the
concept of sexual harassment of women at workplace, the definition has been given
of ―violence‖ against women to mean –
i. “Acts which may not involve actual hitting but may involve verbal abuse or
psychological stress and suffering” – Strauss, 198029;
ii. “Overtly threatened or overtly accomplished application of force which
results in the injury or destruction of persons or their reputation.” –
Megargee, 1982: 8530
2.1.2 Labeling Theory –
An aspect of social life may be defined as a social problem when (or if) enough
people agree that it causes harm to a significant number of people (or to a number
of significant people). The social construction of some sexuality-related conditions,
25
IPC and SSLs.
26
w.e.f.: 31, December 2009.
27
w.e.f.: 3 February 2013.
28
W.e.f.: 21 April 2018.
29
Hurray A. Straus, U.S. Department of Justice National Institute of Justice, Family Research Laboratory to the
National Criminal Justice Reference Service (NCJRS).
30
Megargee, E. I. (1982). Psychological determinants and correlates of criminal violence. In M. E. Wolfgang & N.
A.Weiner (Eds.),Criminal violence (pp. 81–170). Beverly Hills: Sage Publications.
 15

patterns, and events as "problematic" requires that people have the power to define
problems, to interpret them as problematic, and to enforce this view. Deviance is
behavior that has been defined as a violation of the general or specific norms or
expectations of a culture or of powerful groups. A number of sexuality-based social
problems are rooted in socially constructed definitions of deviance and the process
of labeling.
Labeling theory is one way to explain how individuals come to understand
themselves and their behavior as deviant and therefore problematic. Labeling
theorists explore the ways in which a culture's particular interpretations of deviance
are formalized. How do cultural expectations become official sanctions, rules, and
laws? How do we internalize these expectations? In a classic work on labeling
theory, sociologist Howard S. Becker states, "The deviant is one to whom that label
has been successfully applied; deviance is behavior that people so label."31
The first requirement for labeling behavior as deviant is power. Who has the power
to codify expectations and the penalties for defying those expectations? Usually it
is people with the power to create laws and formal expectations, or people whose
power is based on status or money. The second requirement is social interaction--
the behavior must be observed or learned about. Without an audience to react,
actions and behaviors in and of themselves are not deviant. They can come to be
defined that way only when social construction and cultural consensus intersect. If
enough people- and especially those with power--agree that an act or behavior
should be called deviant, societal expectations will reflect that label.

2.2 Male Dominance –

Male dominance in the workplace is a significant contributing factor to the sexual
harassment of women. This dominance is often manifested through power imbalances,
gender inequalities, and traditional social norms that reinforce harmful behaviors.
Hereinafter, is explained how male dominance leads to sexual harassment of women in the
workplace, supported by relevant references:
2.2.1 Power Imbalances and Hierarchies:
One of the key reasons for sexual harassment is the power imbalance between men
and women in many workplace settings. Men often hold positions of authority,
allowing them to exert control and influence over female colleagues32.
2.2.2 Gender Inequalities:
Gender inequalities persist in various aspects of work, such as pay disparities and
underrepresentation of women in leadership roles. These inequalities contribute to a
workplace culture that can be permissive of harassment.33

31
Purcell, Natalie J., ―Sexualization of Girls And Gender Violence‖, Oxford University Press, New York, 2013.
32
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
33
World Economic Forum. (2020). Global Gender Gap Report. Retrieved from Link.
 16

2.2.3 Traditional Gender Roles:

Traditional gender roles and stereotypes reinforce male dominance and female
subordination. These roles can perpetuate a culture that tolerates or normalizes
harassment.34
2.2.4 Organizational Culture:
The culture within an organization plays a significant role in enabling or preventing
harassment. In organizations where male dominance is ingrained in the culture, it
can be more challenging for women to report harassment or for leaders to take
effective action.35
2.2.5 Lack of Awareness and Support:
In workplaces dominated by men, there may be a lack of awareness about the
prevalence and impact of sexual harassment, as well as insufficient support systems
for victims.36
Addressing the issue of sexual harassment in the workplace necessitates not only legal and
policy reforms but also a cultural shift towards gender equality and the dismantling of male
dominance. Empowering women, promoting diversity and inclusion, and fostering
awareness about the consequences of harassment are essential steps toward creating
workplaces where women can thrive without fear of harassment.

2.3 Prevalence and Underreporting –

Humiliation, Harassment, torture and exploitation of women is as old as is the History of
Humanity. The women, in India, are very far advanced than the women elsewhere in any
nation because of the Social legislations protecting the women of India in the Indian sub-
continent. However, due to the lack of Implementation of these laws, women of India are,
in reality, still far behind. The implementation of the guaranteed rights to women is ever so
slow, lopsided and haphazard that socially, economically and politically women lag far
behind the men. This, ultimately, results in the perpetration of male dominance over the
women in every sector of life and every field of opportunities.
Women are constantly and continuously discriminated against at occupational fields and
have been prevented to claim their due rights in every field of work. Not only in
occupational and works fields, women since olden times are being made slaves at their
own homes. They are often even worse off at their homes.
Surprisingly, prevailing all the current situations in the societies, the females of every age
group which are the victims of crime and violence are still not been given much attention
in books on social problems or in literatures of criminal violence. The attitude of

34
Fitzgerald, L. F., Drasgow, F., Hulin, C. L., Gelfand, M. J., & Magley, V. J. (1997). Antecedents and
consequences of sexual harassment in organizations: A test of an integrated model. Journal of Applied Psychology,
82(4), 578-589.
35
Gruber, J. E., & Smith, A. N. (2017). Women at work: Exploring the influence of sexual harassment on women,
workplace identity, and intention to remain. Sex Roles, 76(3-4), 183-197.
36
UN Women. (2020). Understanding and Addressing Violence against Women.
 17

indifference and negligence is primarily the result of the widespread acceptance of man‘s
superiority over women because of which violent and harassment against women are not
viewed as violence and harassment in fact.
On the other hand, some women also, respecting their own reputation at the workplace and
to avoid the chance of their own defamation in their workplace environment, tends to
abstain from or avoid making a complaint against the perpetrator of harassment. It is often
feared by the women and females working at a particular place that by making a complaint
of the said harassment they would become the center of attraction for the people of
workplace, and hence to avoid being the center of attraction of the disrespectful and
disdainful gossiping of them, the women themselves don‘t file in the complaint. It is also
the result of denial of violence by the women themselves due to their religious values and
even social values.
It is only recently that the issue harassment of women at workplaces has been transformed
from a private issue to a public problem.
Now, the question arises that – why sexual harassment of women is prevalent in their
working place?
The answer to it is, because of various reasons like – patriarchal society, lack of awareness
of women‘s rights, lack of an effective legal reporting mechanism, and many more. Some
of the reasons are discussed hereinafter –
2.3.1 Deep-Rooted Patriarchal Culture:
India has a deeply entrenched patriarchal culture where traditional gender roles
often reinforce male dominance and female subordination. These cultural norms
can perpetuate a climate where harassment is tolerated or normalized.37
According to the Patriarchal Approach, exploitation, ill-treatment and humiliation
of an individual woman by an individual man is not an individual problem.
It is simply one manifestation of the system of male domination of women. Societal
tolerance of pitiable condition of women is also a reflection of patriarchal norms
which, more generally, support male dominance in family and society. A noted
feminist, has said:
“The historical roots of patriarchal family models are ancient and deep. Unless
new norms of marriage and family are created, the victimisation of women will
grow naturally out of ancient and time-honoured traditions.”38
Dobash and Dobash (1983) have also emphasised this factor in explaining violence
against women. They assert that "men who use violence against women are actually
living up to cultural prescriptions that are cherished in society--aggressiveness,

37
UNICEF. (2020). Breaking the Silence on Gender Bias in the Indo-Pacific.
38
Del Martin [Battered Wives, 1976, quoted by Yllo Kersti in Finkelhor and Gelles (ed.), The Dark Side of
Families, 1983],
 18

male dominance, and female subordination--and they are using force as a means to
enforce that dominance".
Patriarchy creates structural and institutional conditions whereby residence,
lineage, authority and property rights tend to be the prerogative of males. Thus,
male dominance is an obvious consequence of a structural milieu which conditions
men for power and women for subordination, defines male domain as public and
female domain as domestic.
2.3.2 Fear of Retaliation:
Male dominance can create an environment where victims fear retaliation if they
report harassment. This fear can deter women from coming forward and seeking
redress.39
2.3.3 Ineffective Reporting Mechanisms:
In some cases, organizations may lack clear reporting procedures, and even when
they exist, they may not be effective in addressing harassment. This can discourage
victims from coming forward.40
2.3.4 Lack of Legal Protections and Enforcement:
While there are legal provisions in place, the enforcement of anti-sexual harassment
laws may be weak in some instances. This can lead to a lack of trust in the legal
system's ability to provide redress for victims.41

2.4 Motivation in harassment of women at workplace –

What causes men to be criminal, violent, abusive and cruel towards women? Three
theoretical schools on criminal violence are:
i. Psychopathological school: This focuses on personality traits of offenders and
victims;
ii. Socio-psychological school : This focuses on effect of external factors on
individual's everyday action), and socio-cultural; or
iii. Sociological school: This focuses on pressures of social systems and social
structures on individual.
Five important theoretical propositions of socio-psychological school are –
(1.) innate aggressive drive is directed to the source of Frustration (frustration-Aggression
Theory);
(2.) deviant act is the result of infantile instincts, distorted feelings, and split ago of the
deviants (perversion Theory);

39
Fitzgerald, L. F., Swan, S., & Magley, V. J. (1997). But was it really sexual harassment? Legal, behavioral, and
psychological definitions of the workplace victimization of women. In W. O'Donohue (Ed.), Sexual Harassment:
Theory, Research, and Treatment (pp. 5-28). Allyn & Bacon.
40
Gruber, J. E., & Smith, A. N. (2017). Women at work: Exploring the influence of sexual harassment on women,
workplace identity, and intention to remain. Sex Roles, 76(3-4), 183-197.
41
Dhar, S. (2019). The Sexual Harassment Law: A Study of Implementation in Indian Workplaces. Sage
Publications.
 19

(3.) persons of low esteem seek to improve their image in the eyes of others and
themselves through deviant or violent acts (Self-attitude Theory);
(4.) deviance is a normal response to provocation, (Provocation Theory); and
(5.) Individuals indulge in deviant behavior when their resentment escalates on attributing
malevolent intent/motivations to the actions of other individuals (Motive Attribution
Theory).
Four important theoretical propositions of sociological school are –
(1) Cultural values and norms support and facilitate crime (Theory of Subculture of
Violence);
(2) Crime is the result of strains caused by gap between goals and means (Anomie
Theory);
(3) Crime is used as an instrument when an individual lacks resources for achieving his
interests and yet wants to be a dominant person (Resource Theory); and
(4) Crime is conduct which is learnt through direct experience by observing others'
behavior and imitating it. Individuals raised in abusing homes learn that violence can
and should be used against the weak (Social Learning Theory).
Causes of crime against women are found to be related mainly to five factors:
(1) Structure of the situation in which crime is committed,
(2) Situational 'facilities' which enable the committing of crime,
(3) Precipitating factor(s) that lead to crime,
(4) Strains experienced by the offender, i.e., his individual problems; and
(5) Victim's behavior with the offender much before the crime is committed against her. A
holistic approach to the combination of these factors alone will give us the correct
causes of Sexual Harassment against women.
Specifically, three factors seem to play a major role in prompting a man to commit crime
against a woman:
(1) Offender's history of abuse as a child (like unhappy upbringing, physical beating by
parents and emotional rejection);
(2) Stressful situations in the family; and
(3) Status frustrations.
The first factor points out that the offender's deviant behaviour is mostly learnt from
childhood and adolescent experiences of emotional distresses. This posits the thesis of the
'Generational Theory‘ that growing up in a violent home increases the likelihood of in
individual becoming Violent/Deviant as an adult.
The 'Social Learning Theory' according to which indulging in deviant behaviour as a
method of conflict resolution or as a coping mechanism is learnt behaviour. Women's
tolerance of violence is explained in terms of 'Learned Helplessness Theory' and
‗Traditional Socialisation Theory‘. The latter theory refers to woman's imbibing traditional
 20

values and 'sex-role ideology' through socialization process that man is superior to woman
and that woman has no right to protest.
The former theory maintains that some events occur in a woman's life with sufficient
regularity because of which she acquires feelings of depression, helplessness and poor self-
image and comes to believe that she cannot escape abuse.
Some of the theories mentioned above overemphasize personality, others underestimate the
role of environment, and yet others focus on a single factor as the cause of crime. Most of
the social scientists today consider holistic approach as a scientific approach in explaining
deviant behaviour.
Besides the above theoretical explanations, three other theoretical approaches have also
been used for explaining miseries heaped on women and/or the victimization of women:
(1) Patriarchy approach,
(2) Interpersonal power approach and
(3) Context-specific approach.
2.4.1 Patriarchy Approach
According to this approach, exploitation, ill treatment and humiliation of an
individual woman by an individual man is not an individual problem.
It is simply one manifestation of the system of male domination of women. Societal
tolerance of pitiable condition of women is also a reflection of patriarchal norms
which, more generally, support male dominance in family and society. A noted
feminist has said:
“The historical roots of patriarchal family models are ancient and deep. Unless
new norms of marriage and family are created, the victimisation of women will
grow naturally out of ancient and time-honoured traditions.”42
Dobash and Dobash (1983) have also emphasised this factor in explaining violence
against women. They assert that
"Men who use violence against women are actually living up to cultural
prescriptions that are cherished in society--aggressiveness, male dominance, and
female subordination--and they are using force as a means to enforce the
dominance".43
Patriarchy creates structural and institutional conditions whereby residence,
lineage, authority and property rights tend to be is prerogative of males. Thus, male
dominance is an obvious consequence of structural milieu which conditions men

42
Del Martin (Battered Wives, 1976, quoted by YIlo Kersti in Finkelhor and Gelles (ed.), The Dark Side of
Families, 1983),
43
RUSSELL P. DOBASH and R. EMERSON DOBASH, “WOMEN’S VIOLENCE TO MEN IN INTIMATE
RELATIONSHIPS” Advance Access publication 8 April 2004
 21

for power and women for subordination, defines male domain as public and female
domain & domestic.
2.4.2 Interpersonal Power Approach
This approach focuses not on ―structured inequality on the societal level‖ but on
―inequality and the balance of power" within the family and society. Those men
who believe in "equality of power" respect women both in and outside the family,
while those who believe in non-egalitarian power structure, ill-treat and even
humiliate them.
2.4.3 Context-Specific Approach
This approach in explaining exploitation of women focuses on three specific
factors: family structure, victimizer‘s traits, and victim's stresses.
The family structure includes not merely the dimension of relationship and roles
but also the pattern of interaction. The victimizer‘s traits refer to traits like lust,
greed, dominance, selfishness, etc. Victim's stresses refer to victim's docile nature
and passivity because of which she conceals her agonizing desire to protest. This
may be the result of her lack of resources, economic dependence and lack of
husband's, parents', and in-laws' support.

2.5 Psychological and Emotional Impacts –

Sexual harassment of women at the workplace in India has profound psychological and
emotional impacts on the victims. These effects can be long-lasting and significantly affect
a woman's well-being, mental health, and overall quality of life. Hereinafter are mentioned
the psychological and emotional consequences, supported by relevant references:
2.5.1 Anxiety and Depression:
Victims of sexual harassment often experience heightened levels of anxiety and
depression. The constant fear of harassment, coupled with the trauma of past
incidents, can lead to debilitating mental health issues.44
2.5.2 Post-Traumatic Stress Disorder (PTSD):
Some victims may develop symptoms of PTSD due to the traumatic nature of
harassment experiences. Intrusive thoughts, nightmares, and heightened reactivity
are common symptoms.45
2.5.3 Decreased Self-Esteem and Self-Worth:
Sexual harassment can erode a victim's self-esteem and self-worth, leading to
feelings of shame, self-blame, and a diminished sense of self-value.46

44
O'Hare, T., & Hansen, D. J. (1996). Harassment at work: An exploration of the stressor-strain process. Work &
Stress, 10(1), 94-107.
45
Kimerling, R., Clum, G. A., & Wolfe, J. (2000). Relationships among trauma exposure, chronic posttraumatic
stress disorder symptoms, and self-reported health in women: Replication and extension. Journal of Traumatic
Stress, 13(1), 115-128.
 22

2.5.4 Guilt and Self-Doubt:

Harassment victims may grapple with feelings of guilt and self-doubt, often
questioning whether they somehow provoked or invited the harassment.47
2.5.5 Impact on Relationships:
Victims of sexual harassment may experience strain in their personal relationships
due to the emotional toll of the harassment. This can affect relationships with
family, friends, and romantic partners.48
2.5.6 Professional Consequences:
The psychological and emotional distress caused by harassment can also have
professional consequences, including decreased job satisfaction, impaired job
performance, and career stagnation.49
2.5.7 Impact on Quality of Life:
Ultimately, the psychological and emotional impacts of workplace sexual
harassment can diminish a woman's overall quality of life, affecting her happiness,
well-being, and sense of safety.50
Addressing the psychological and emotional consequences of workplace sexual harassment
in India requires a comprehensive approach, including legal protections, mental health
support, and creating work environments that prioritize the well-being and safety of all
employees. Providing victims with access to counseling, therapy, and resources for coping
with trauma is essential in mitigating the long-term effects of harassment. Additionally,
raising awareness and promoting a culture of respect and equality in the workplace are
crucial steps in preventing and addressing sexual harassment and its psychological
consequences.

2.6 Career and Economic Consequences –

Sexual harassment of women at the workplace in India can have significant career and
economic consequences for the victims. These consequences often extend beyond the
immediate incident and can affect women's professional advancement and financial
stability. Here, we will explore the career and economic impacts of workplace sexual
harassment, supported by relevant references:

46
Gruber, J. E., & Smith, A. N. (2017). Women at work: Exploring the influence of sexual harassment on women,
workplace identity, and intention to remain. Sex Roles, 76(3-4), 183-197.
47
Magley, V. J., Hulin, C. L., Fitzgerald, L. F., & DeNardo, M. (1999). Outcomes of self-labeling sexual
harassment. Journal of Applied Psychology, 84(3), 390-402.
48
Gelfand, M. J., Fitzgerald, L. F., & Drasgow, F. (1995). The structure of sexual harassment: A confirmatory
analysis across cultures and settings. Journal of Vocational Behavior, 47(2), 164-177.
49
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
50
Cortina, L. M., & Berdahl, J. L. (2008). Sexual harassment in organizations: A decade of research in review. In C.
L. Cooper & J. Barling (Eds.), Handbook of Organizational Behavior (pp. 469-497). Sage.
 23

2.6.1 Career Stagnation:

One of the immediate career consequences of sexual harassment is the potential for
career stagnation. Victims may feel compelled to avoid promotions or job
opportunities that would require interaction with the harasser or a similar work
environment.51
2.6.2 Job Turnover:
Sexual harassment can lead to victims leaving their jobs, sometimes involuntarily.
The stress and emotional toll of harassment may result in victims seeking
alternative employment opportunities, potentially leading to instability and job
turnover.52
2.6.3 Damage to Professional Reputation:
Victims of sexual harassment may experience damage to their professional
reputation, especially if their harassment allegations become public or are known
within their industry. This damage can impact future career prospects and
networking opportunities.53
2.6.4 Reduced Job Satisfaction:
Sexual harassment can lead to decreased job satisfaction, making the workplace
less fulfilling for victims. This reduced satisfaction may affect motivation and
overall job performance.54
2.6.5 Economic Consequences:
The career impacts of sexual harassment often translate into economic
consequences, including lower income potential, reduced retirement savings, and
limited financial security.55
2.6.6 Impact on Future Opportunities:
The career and economic consequences of sexual harassment can have a lasting
impact on future opportunities for victims. They may face challenges when seeking
new employment, negotiating salaries, or pursuing career advancements.56
It is important to recognize that the career and economic consequences of workplace
sexual harassment are not limited to the individual victim; they can also affect the overall

51
Fitzgerald, L. F., Drasgow, F., Hulin, C. L., Gelfand, M. J., & Magley, V. J. (1997). Antecedents and
consequences of sexual harassment in organizations: A test of an integrated model. Journal of Applied Psychology,
82(4), 578-589.
52
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
53
O'Hare, T., & Hansen, D. J. (1996). Harassment at work: An exploration of the stressor-strain process. Work &
Stress, 10(1), 94-107.
54
Cortina, L. M., & Berdahl, J. L. (2008). Sexual harassment in organizations: A decade of research in review. In C.
L. Cooper & J. Barling (Eds.), Handbook of Organizational Behavior (pp. 469-497). Sage.
55
Harris, R. J., & Firestone, J. M. (1998). Changes in employee reactions to sexual harassment: A comparison of
responses to the 1986-1987 and 1993-1994 surveys. Journal of Applied Psychology, 83(4), 528-536.
56
Gutek, B. A., & Koss, M. P. (1993). Changed women and changed organizations: Consequences of and coping
with sexual harassment. Journal of Vocational Behavior, 42(1), 28-48.
 24

workforce and organizational productivity. Preventing sexual harassment, providing

support for victims, and ensuring that organizations have effective reporting and redressal
mechanisms are crucial steps in mitigating these adverse impacts and promoting gender
equality in the workplace.

2.7 Legal Framework and Regulatory Environment –

The legal framework and regulatory environment for addressing sexual harassment of
women at the workplace can vary from country to country. However, many countries have
established laws, regulations, and guidelines to prevent and address workplace sexual
harassment. Here, I'll provide a general overview of the legal framework and regulatory
environment commonly found in many countries, including key elements:
2.7.1 Anti-Discrimination Laws:
Many countries have anti-discrimination laws that prohibit workplace
discrimination on the basis of sex or gender. These laws often include provisions
that address sexual harassment as a form of discrimination.
2.7.2 Specific Legislation on Sexual Harassment:
Some countries have enacted specific legislation that defines and addresses sexual
harassment in the workplace. This legislation typically outlines what constitutes
sexual harassment, the responsibilities of employers and employees, and the
procedures for reporting and addressing harassment.
2.7.3 Definition of Sexual Harassment:
Legal frameworks typically provide clear definitions of sexual harassment, which
may include unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature.
2.7.4 Employer Responsibilities:
The legal framework often places responsibilities on employers to prevent and
address sexual harassment. This may include establishing policies and procedures,
providing training to employees, and designating a responsible person or committee
to handle complaints.
2.7.5 Reporting Mechanisms:
Laws usually require employers to establish clear and confidential reporting
mechanisms for employees to report incidents of sexual harassment. These
mechanisms should allow victims to come forward without fear of retaliation.
2.7.6 Investigation and Resolution Procedures:
Legal frameworks typically outline procedures for investigating and resolving
complaints of sexual harassment. This may involve forming internal committees,
conducting impartial investigations, and taking appropriate actions against
perpetrators.
 25

2.7.7 Protection Against Retaliation:

Laws often include provisions that protect victims from retaliation or adverse
actions for reporting sexual harassment. This protection is essential to encourage
victims to come forward.
2.7.8 Penalties and Remedies:
Legal frameworks may include penalties for employers who fail to prevent or
address sexual harassment. They may also provide remedies for victims, such as
compensation for damages or reinstatement if they were wrongfully terminated.
2.7.9 Public Awareness and Training:
Some countries require public awareness campaigns and mandatory training
programs for employees to raise awareness about sexual harassment and educate
individuals on their rights and responsibilities.
2.7.10 Government Oversight:
Government agencies or labor departments are often responsible for overseeing
compliance with these laws and regulations. They may also provide guidance and
support to victims.
It's important to note that the specific legal framework and regulatory environment for
addressing workplace sexual harassment can vary significantly from one country to
another. Therefore, it's essential to consult the relevant laws and guidelines in your specific
jurisdiction to understand the precise legal requirements and protections in place.
Additionally, many international organizations, such as the International Labour
Organization (ILO) and the United Nations, have established guidelines and conventions
related to workplace harassment and discrimination, which can influence national
legislation and policy development.

2.8 Organizational Responses and Culture –

Organizations play a pivotal role in preventing and addressing sexual harassment of
women in the workplace. This section explores the various organizational responses and
cultural aspects that can contribute to creating safer and more inclusive work
environments, with references to relevant strategies and best practices.
2.8.1 Comprehensive Anti-Harassment Policies:
I. Policy Development: Organizations should establish clear and
comprehensive anti-harassment policies that define sexual harassment,
provide examples, and specify reporting procedures. Such policies should
be regularly reviewed and updated to align with legal requirements and
evolving best practices.57
II. Dissemination and Training: Policies should be communicated to all
employees, and training programs should be conducted regularly. Training

57
McDonald, Charlesworth, & Stretch, 2019: Workplace Sexual Harassment at the Margins, Work, Employment
and Society, Vol. 30, SAGE Publications, 2016.
 26

should encompass both employees and managers, emphasizing the

importance of prevention, reporting, and bystander intervention.58
2.8.2 Reporting Mechanisms:
I. Confidential Reporting: Organizations should establish confidential and
accessible reporting mechanisms, including multiple channels such as
anonymous hotlines, email, and in-person reporting. These mechanisms
should be clearly communicated to employees, ensuring their trust and
confidence in the process.59
II. Whistleblower Protections: Organizations must protect employees who
report harassment from retaliation. Establishing safeguards for
whistleblowers and disciplinary actions for harassers can create a culture of
accountability.60
2.8.3 Support Systems:
I. Victim Support: Victims of harassment should be provided with emotional
and professional support. Organizations can offer counseling services, legal
assistance, and accommodation measures to help victims cope with the
aftermath of harassment.61
II. Inclusive Culture: Promoting an inclusive organizational culture is essential.
This involves fostering diversity, equity, and respect among employees and
leadership. Encouraging open communication and active listening can
create an environment where employees feel valued and supported62 .
2.8.4 Leadership Accountability:
I. Leadership Commitment: Organizational leaders should actively
demonstrate their commitment to preventing and addressing sexual
harassment. Their involvement in anti-harassment initiatives and setting a
positive example can influence organizational culture significantly.63
II. Transparent Investigations: Prompt and thorough investigations of
harassment complaints are crucial. Transparency in the investigation
process, as well as disciplinary actions against harassers when warranted,
sends a strong message that harassment will not be tolerated.64

58
Hewlett, International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 1883 – 1902, 2018.
59
Hershcovis, Barling, & Latreille: Journal of Organizational Behavior-Towards a multi-foci approach to
workplace aggression: A meta-anaytical review of outcomes of different perpetators, 2009
60
Bowling & Beehr, Journal of Applied Psychology: Workplace Harassment from the Victim's Perspective: A
Theoretical Model and Meta-Analysis, 2006.
61
Ilies, Hauserman, Schwochau, & Stibal, Reported incidence rates of work-related sexual harassment in the United
States: Using meta-analysis to explain reported rate disparities, dept. of Personnel Psychology, 2003.
62
McDonald, International Journal of Management Reviews: Workplace Sexual Harassment 30 Years on: A Review
of the Literature, 2019
63
Ibid.
64
Hewlett, S. A., Luce, C. B., Servon, L. J., Sherbin, L., Shiller, P., & Sosnovich, E. (2018). The Power of the
"Only": Unlocking Your Influential Potential. Harvard Business Review.
 27

2.8.5 Prevention and Education:

I. Ongoing Training: Organizations should invest in ongoing education and
training programs to raise awareness about sexual harassment. These
programs should not only inform employees about their rights and
responsibilities but also promote a culture of respect.65
II. Bystander Intervention: Encouraging bystanders to intervene when they
witness harassment can be effective in prevention. Training programs can
teach employees how to recognize harassment and take action to stop it.66
2.8.6 Measurement and Evaluation:
I. Regular Surveys: Organizations can use employee surveys to gauge the
effectiveness of anti-harassment efforts and identify areas for improvement.
Anonymous surveys can provide valuable insights into employees'
experiences and perceptions.67
In conclusion, organizations have a critical role to play in combatting sexual harassment of
women in the workplace. By implementing comprehensive policies, fostering an inclusive
culture, ensuring leadership accountability, and prioritizing prevention and education,
organizations can contribute to creating safer and more respectful work environments.

2.9 Prevention and Intervention Strategies –

The Rehabilitation of Victims, after being denounced by the act of sexual harassment, to a
new dawn of life involves various steps and involves various phases. Although there are
much overlapping and intermeshing of these phases, the phases seem to follow a particular
sequence. Bowlby has identified 4 phases of recovery:
1. Shock;
2. Protest;
3. Despair; and
4. Long interval of Adaptation.68

2.10 Gaps and Challenges in Existing Literature –

The literature on sexual harassment of women at the workplace has grown significantly
over the years, but there are still gaps and challenges that researchers and scholars need to
address. The following are some of the key gaps and challenges:

65
Bowling, N. A., & Beehr, T. A. (2006). Workplace harassment from the victim's perspective: A theoretical model
and meta-analysis. Journal of Applied Psychology, 91(5), 998-1012.
66
Berdahl, J. L., Magley, V. J., & Waldo, C. R. (1996). The sexual harassment of men? Exploring the concept with
theory and data. Psychology of Women Quarterly, 20(4), 527-547.
67
McDonald, P., Charlesworth, S., & Stretch, R. (2019). Preventing and responding to sexual harassment: A human
rights approach. International Labour Organization. Retrieved from https://www.ilo.org/wcmsp5/groups/public/---
ed_norm/---declaration/documents/publication/wcms_694063.pdf
68
Bowlby, Journal of Social Issue, Vol. 44, No. 3, 1988: 45-46.
 28

2.10.1 Underreporting and Understudied Industries69:

Challenge: Many instances of workplace sexual harassment go unreported due
to fear of retaliation, stigma, or lack of awareness about reporting mechanisms.
Certain industries, such as blue-collar jobs or informal sectors, are
understudied.
Gap: Research needs to explore the reasons behind underreporting and develop
strategies to encourage reporting. There should also be a focus on industries
with historically low levels of attention.
2.10.2 Intersectionality and Diverse Experiences70:
Challenge: Existing literature often focuses on the experiences of white,
heterosexual, able-bodied women and may not adequately address the unique
challenges faced by women of color, LGBTQ+ women, or women with
disabilities.
Gap: More research is needed to understand the intersectionality of
experiences and how different marginalized identities interact with workplace
harassment. This will help in developing more inclusive prevention and
intervention strategies.
2.10.3 Impact on Mental Health and Well-being71:
Challenge: While there is recognition of the negative mental health impact of
workplace sexual harassment, there's a need for more in-depth studies that
explore the long-term consequences, including PTSD, depression, and anxiety.
Gap: Research should delve deeper into the mental health outcomes of
survivors and develop effective interventions to address these challenges.
2.10.4 Digital and Online Harassment72:
Challenge: With the rise of remote work and digital communication, there's a
growing concern about online harassment. However, this area remains
understudied compared to traditional, in-person harassment.
Gap: Researchers need to investigate the prevalence and impact of digital
sexual harassment and develop strategies for prevention and intervention in
online workspaces.

69
Cortina, L. M., & Berdahl, J. L. (2008). Sexual harassment in organizations: A decade of research in review. In C.
L. Cooper & J. Barling (Eds.), The SAGE Handbook of Organizational Behavior (Vol. 1, pp. 469-497). Sage
Publications.
70
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
71
Ibid.
72
Fitzgerald, L. F., Drasgow, F., & Hulin, C. L. (1995). Antecedents and consequences of sexual harassment in
organizations: A test of an integrated model. Journal of Applied Psychology, 80(1), 109-122.
 29

2.10.5 Bystander Intervention73:

Challenge: While bystander intervention is recognized as a key prevention
strategy, there is limited research on the effectiveness of bystander training
programs and how to encourage active intervention.
Gap: More studies are needed to evaluate the impact of bystander intervention
programs and identify best practices for implementation.
2.10.6 Comparative and Cross-Cultural Studies74:
Challenge: Research on workplace sexual harassment often focuses on specific
regions or countries, making it challenging to draw cross-cultural comparisons.
Gap: Comparative studies across different countries and cultures can provide
valuable insights into the cultural and contextual factors that contribute to
harassment and how prevention strategies can be tailored accordingly.
2.10.7 Longitudinal Studies75:
Challenge: Many studies are cross-sectional, providing snapshots of
harassment experiences. Longitudinal research is essential to understand how
harassment evolves over time and its long-term effects.
Gap: Longitudinal studies can help track the trajectory of harassment, identify
risk factors, and inform the development of targeted interventions.
Closing these gaps and addressing these challenges will contribute to a more
comprehensive and effective approach to preventing and addressing workplace sexual
harassment.
2.11 Sociological Facts pointed out about Women as the Victims of Sexual Harassment
As per Mukesh Ahuja‘s empirical study76 there are specific Sociological factors which are
associated with women as beings of victims of sexual harassment or sexual violence:
2.11.1 Structures as a source of problems:
The functioning of social structures and institutions, in which women work, often
works on patriarchal and male dominant ideologies. The family problems and
family stresses are also the contributing factors which results in the docile behavior
of women at workplace.77
2.11.2 Traditions of barriers to assertion:
The involvement of women, after being victimized, in social roles and relationships
is less dependent on their own initiative and self-confidence. In other words, after

73
Ibid.
74
Gruber, J. E. (2011). Addressing the harm of gender bias in the workplace: The importance of social context. Law
& Social Inquiry, 36(3), 745-776.
75
Ibid.
76
Ahuja, Mukesh, Widows: Role Adjustment and Violence, Wishwa Publications Jaipur 1987
77
Ibid.
 30

the women are victimized of sexual harassment their self-confidence hit the rock-
bottom which renders them unable to involve themselves in the social circles and
social relationships.
Their involvement depends more on the wills of the head of these social circles and
social pressures. With reference to the Traditional barriers it can e said that the
traditional culture discourages a female victim from taking up an assertive social
engagement outside their homes and workplaces.78
2.11.3 Resource Deprivation and Suffering of Self:
Resources like Higher Education and Work with Wages tends to elevate the self-
perception and the Dignity of the women who are the victims of Sexual
Harassment. This considerably changes her relations with others and also helps in
the transition of life and recovery and adjusts herself amongst her social peers.79
2.11.4 Attachment:
A huge numbers of victims of Sexual Harassment associate themselves with
various things to overcome their desperations in relation to isolation and being
condemned. This is done by the victims by attaching themselves to things/objects
of Love, Social Service, and Religious Commitments etc.80
2.11.5 Structural Suffocation:
Rather than their own personalities the Social Structure incredibly prevents the
victims of Harassment from renewing, redeeming, restoring, reviving and
revitalizing their lives.
2.11.6 Negation of Revolt:
A very few of the young and the independent victims of crime of sexual harassment
have a discreet desire to rebel and adopt modern methods of adjustment. But they
prevent to do so because of their peers. They are scared/afraid of being shunned by
their kin and friends.81 Eg – they fail to rebel for the fear of their Husband, in-laws,
associates severing ties with them.
2.11.7 Self-Esteem Situations:
Victims with Soapy emotions lead a suppressed life but victims with courage of
conviction, character and consciousness chart their own course in their working
life.82

78
Finkelhor, David, Gelles Richard, Hotaling Gerald, Strauss Murraya, The Dark Side fo Families, SAGE
Pulications, Beverly Hills, 1985.
79
Smedley,B.D., & Syme, S.L. (Eds.) (2000), Promoting health: Intervention Strategies from social and
Behavioural Research, Washington DC: National Academy of Science Press.
80
Ibid.
81
Hans Von Hentig, The Criminal and His Victim (1948) Yale University Press, New Haven.
82
Sparks, R.F., Research on Victims of Crime: Accomplisments, Issues and New Directions (1982), National
Institute of Mental Health, US Dept. of Health and Human Services.
 31

CHAPTER – 3
PREVALENCE AND IMPACT OF SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE

3.1 Genesis of SHW –

The genesis of SHW lies at the core of Human Sexual Behavior, by which certain types of
human behavior are deemed to be deviant and criminal, and the multiple perspectives from
which the behavior is defined and controlled.
The human sexual behavior has been categorized in terms of normal sexuality sexual
deviance, sexual disorder, and sexual crime. The SHW are sex crimes, which are crimes of
violence. The sexual nature of such acts of SHW requires the understanding of the
overlapping concepts of sexual deviance, sexual disorder, and sex crimes.83
There is wide range of sexual deviant behaviors. Understanding what is deviant and what
is not is sourced in religion, culture, law and science.84
The unwanted sexual attention of men towards women and girls is a common situation of
occupation and education, around the globe. The experience is universal transcending all
levels of socio-economic and educational statuses and cutting across most national and
cultural identities. The type and gravity of harms is subject interpretations, which are
mediated by things as gender ideology, sexual orientation, nationality and race relations.
Despite the variations in the acts of harassment the main objection is of loss of
employment and educational opportunities.85
The sexual harassment of working women has been practiced by men since women first
went to work for wages. It is a practice that until now has gone virtually unchallenged,
largely as the result of a wide social acceptance of such behavior. For evidence of this we
have only to refer to the countless jokes and cartoons about women and work that
characterize much of our popular culture. A random survey of two 1970 issues of Reader's
Digest, probably the most widely read compendium of American humor, turned up the
following:
One shapely young secretary to another: "I like my longer midi dress, especially when it
comes to taking dictation. The boss's letters are so much shorter."
-- From "Cartoon Quips"86

83
Ahuja, Mukesh, Widows: Role Adjustment and Violence, Wishwa Publications Jaipur 1987
84
Ibid.
85
Lin Farley, Sexual Shakedown: The Sexual Harassment of Women on the Job (New York: Warner Books, 1980)
86
Reader's Digest (August 1970) p. 41.
 32

The discouraging rumor that United Air Lines would lower the hemlines on
stewardesses' uniforms to a point well below the knee prompted this agonized question:
"May we no longer eye the friendly thighs of United?"
-- From "Laughter the Best Medicine"87
Both these jokes imply that men will express their time-honored right of sexual initiative
toward working women, and it is the power to do this that provides the axis on which the
humor turn.
Sexual harassment is best described as unsolicited nonreciprocal male behavior that asserts
a woman's sex role over her function as worker. It can be any or all of the following:
staring at, commenting upon, or touching a woman's body; requests for acquiescence in
sexual behavior; repeated non-reciprocated propositions for dates; demands for sexual
intercourse; and rape. These forms of male behavior frequently rely on superior male status
in the culture, sheer numbers, or the threat of higher rank at work to exact compliance or
levy penalties for refusal. The variety of penalties include verbal denigration of a woman
sexually; noncooperation from male co-workers; negative job evaluations or poor
personnel recommendations; refusal of overtime; demotions; injurious transfers and
reassignments of shifts, hours, or locations of work, loss of job training; impossible
performance standards and outright termination of employment. Sexual harassment also
frequently influences many hiring situations, as when companies employ across-the-board
policies of hiring only those women who are attractive sex objects regardless of skills, or
where there will be an outright demand for some form of sexual behavior which will result
in the reward of the job while refusal will result in non-hire.
Disapproval of sexual harassment tends to focus on demands for sex as a condition of
hiring as well as for keeping a job. These are considered serious manifestations of sexual
coercion, while generalized staring, commenting, touching, and other forms of male
familiarity are regarded as merely annoying and of little consequence.
The outright demand for sex appears more serious because the economic penalties for
noncompliance are easily discernible and the consequences to both the woman who refuses
and the woman who submits against her will are easily imagined. Sexual harassment is
nevertheless an act of aggression at any stage of its expression, and in all its forms it
contributes to the ultimate goal of keeping women subordinate at work.
Nearly 35 years ago, US Feminists coined the term sexual harassment to describe the
multifaceted ubiquity among women. Since that time, the issue of sexual harassment is a
focal point of struggle for the women all over the globe and throughout the entire world.

87
Reader's Digest (October 1970) p. 52.
 33

3.1.1 Male Dominance –

It is a matter of sex-role conditioning. The essential nature of women's and men's
conditioning has been well documented in the last ten years, but its importance to this
discussion warrants a brief restatement. Social psychologists Harriet Connolly and Judith
Greenwald explain:
In our culture the importance of sex-role conditioning cannot be underestimated. In
general, boys learn to be independent, to initiate action, to be task-oriented, rational, and
analytical. In contrast, girls are schooled in empathy, non-competitiveness, dependency,
nurturance, intuitiveness. These standards continue to provide the model for "normal"
behavior and exert a powerful demand for conformity throughout adult life.
Female passivity is further encouraged by social confusion. Because men possess the right
of sexual initiative, the communication of power and dominance by men is generally
discounted as mere sexual interest. Nevertheless, as Henley has explained, "Even those
who put forward a sexual explanation for males' touching of females have to admit that
there is at least a status overlay: female factory workers, secretaries, students, servants and
waitresses are often unwillingly felt or pinched but women of higher status (e.g. ‗boss
ladies,‘ ‗first ladies,‘ and ‗ladies‘ in general) aren't."88
3.1.2 The Historical Imperative –
The patriarchy has perpetuated itself through insuring the subordination of female labor by
endlessly maintaining and adapting its systems of hierarchical control. Before capitalism,
for example, men controlled the work of women and children in the family. The emergence
of capitalism, however, threatened this base of control by instituting a "free" market in
labor. Capitalism, writes economist Heidi Hartmann, "threatened to bring all women and
children into the labor force and hence to destroy the family and the basis of the power of
men over women (i.e., the control over their labor power in the family)."89
The critical question remains: if capitalism would have equalized laborers in the
marketplace, regardless of sex, why are women still in an inferior position at work today?
There are a score of possible answers, but more and more evidence has begun to identify
the most important factor as job segregation by sex. Hartmann writes:
Job segregation … is the primary mechanism in capitalist society that maintains the
superiority of men over women because it enforces lower wages for women in the labor
market. Low wages keep women dependent on men because they encourage women to
marry. Married women must perform domestic chores for their husbands. Men benefit,
then, from both higher wages and the domestic division of labor. This domestic division of

88
Lin Farley, Sexual Shakedown: The Sexual Harassment of Women on the Job (New York: Warner Books, 1980),
pp. 11-17, 30-37, 49-68. Originally published in 1978.
89
Heidi Hartmann, "Capitalism, Patriarchy and Job Segregation by Sex," Signs: Journal of Women in Culture and
Society, Vol. 1, No. 3 (Spring 1976), Part 2 pp. 138-139.
 34

labor, in turn, acts to weaken women's position in the labor market. Thus, the hierarchical
domestic division of labor is perpetuated by the labor market and vice versa.90
From the beginning, women entered wage-labor handicapped by the patriarchy that
influenced capitalist development. Male dominance was already beginning to express itself
in some sex-ordered jobs, with women's work offering lower pay, demanding less skill,
and involving less exercise of authority or control. However, male workers soon
effectively turned a trend into an ironclad tradition. Hartmann explains:
"Men acted to enforce job segregation in the labor market; they utilized trade union
associations and strengthened the domestic division of labor which required women to do
housework, child care and related chores."91
The transformation of unwanted sexual attention from the price women pay for
employment into a socially unacceptable and illegal behavior is decidedly a global
phenomenon.
The Unites States may be ―ground Zero‖ in the anti-sexual movement.

3.2 Underreporting Trends and Causes

One of the main concerns of underreporting is that, generally, the women, when she has
reasonable grounds to believe, find that her objection would make it disadvantaged for
herself in connection with her employment, including recruitment and promotion, or it
would create a hostile working environment.92
Patriarchy creates structural and institutional conditions whereby residence, lineage,
authority and property rights tend to be the prerogative of males. Thus, male dominance is
an obvious consequence of a structural milieu which conditions men for power and women
for subordination, defines male domain as public and female domain as domestic.
3.2.1 Fear of Retaliation:
Male dominance can create an environment where victims fear retaliation if they report
harassment. This fear can deter women from coming forward and seeking redress.93
3.2.2 Ineffective Reporting Mechanisms:
In some cases, organizations may lack clear reporting procedures, and even when they
exist, they may not be effective in addressing harassment. This can discourage victims
from coming forward.94

90
Ibid.
91
Ibid.
92
Vishaka vs State of Rajasthan AIR 1970 SC 3711
93
Fitzgerald, L. F., Swan, S., & Magley, V. J. (1997). But was it really sexual harassment? Legal, behavioral, and
psychological definitions of the workplace victimization of women. In W. O'Donohue (Ed.), Sexual Harassment:
Theory, Research, and Treatment (pp. 5-28). Allyn & Bacon.
94
Gruber, J. E., & Smith, A. N. (2017). Women at work: Exploring the influence of sexual harassment on women,
workplace identity, and intention to remain. Sex Roles, 76(3-4), 183-197.
 35

3.2.3 Lack of Legal Protections and Enforcement:

While there are legal provisions in place, the enforcement of anti-sexual harassment laws
may be weak in some instances. This can lead to a lack of trust in the legal system's ability
to provide redress for victims.95

3.3 Psychological and Emotional Toll on Victims

In 2010, the High Court of Delhi endorsed the view that sexual harassment is a subjective
experience and for that reason held ―We therefore prefer to analyze harassment from the
[complainant‘s] perspective. A complete understanding of the [complainant‘s] view
requires... an analysis of the different perspectives of men and women. Conduct that many
men consider unobjectionable may offend many women... Men tend to view some forms of
sexual harassment as ―harmless social interactions to which only overly-sensitive women
would object. The characteristically male view depicts sexual harassment as comparatively
harmless amusement. ... Men, who are rarely victims of sexual assault, may view sexual
conduct in a vacuum without a full appreciation of the social setting or the underlying
threat of violence that a woman may perceive.‖96
The impact of sexual harassment at the workplace is far-reaching and is an injury to the
equal right of women. Not only does it impact her, it has a direct bearing on the workplace
productivity as well as the development of the society. Below is a list of select examples of
such negative impacts.
Impact on Professional Life Impact on Personal Life

 Decreased Work Performance  Depression

 Increased absenteeism, loss of pay  Anxiety, panic attacks
 Loss of promotional opportunities  Traumatic stress
 Retaliation from the respondent, or  Sleeplessness
colleagues/friends of the respondent  Shame, guilt, self-blame
 Subjected to gossip and scrutiny at work  Difficulty in concentrating
 Being objectified  Headaches
 Becoming publicly sexualized  Fatigue, loss of motivation
 Defamation  Personal difficulties with time
 Being ostracized  Eating disorders (weight loss or gain)
 Having to relocate  Feeling betrayed and/or violated
 Job and career consequences  Feeling angry or violent towards the
 Weakened support network respondent
 Feeling powerless
 Loss of confidence and self-esteem
 Over all loss of trust in people

95
Dhar, S. (2019). The Sexual Harassment Law: A Study of Implementation in Indian Workplaces. Sage
Publications.
96
Dr. Punita K. Sodhi v. Union of India & Ors. W.P. (C) 367/2009 & CMS 828, 11426/2009 On 9 September, 2010,
in the High Court of Delhi
 36

 Problems with intimacy

 Withdraw and isolation

3.4 Impact on career Progression –

The impact of sexual harassment of women at the workplace on career progression can be
profound and multifaceted. Research has highlighted several ways in which such
harassment affects women's professional advancement. Here are some key impacts, along
with relevant references:
3.4.1 Stalled Career Growth:
Sexual harassment can impede women's career advancement by creating a hostile
work environment that affects their job performance and opportunities for growth97.
3.4.2 Psychological Distress:
Women who experience sexual harassment often suffer from psychological
distress, such as anxiety, depression, and lowered self-esteem, which can hinder
their ability to focus on their careers98.
3.4.3 Reduced Job Satisfaction:
Job satisfaction can decrease significantly for women who have experienced sexual
harassment, leading to decreased motivation and engagement in their careers99.
3.4.4 Impeded Networking and Mentoring:
Women may avoid networking opportunities or seek mentoring less actively due to
fear of encountering their harassers or concerns about their reputation100.
3.4.5 Job Turnover and Career Disruption:
In severe cases, sexual harassment may lead women to leave their jobs or careers
altogether, resulting in lost opportunities for career progression101.
3.4.6 Stigmatization and Career Damage:
Women who report sexual harassment may face stigmatization and retaliation,
which can further harm their career progression102.

97
Gutek, B. A., & Koss, M. P. (1993). Changed Women and Changed Organizations: Consequences of and Coping
with Sexual Harassment. Journal of Vocational Behavior, 42(1), 28-48.
98
Magley, V. J., Hulin, C. L., Fitzgerald, L. F., & DeNardo, M. (1999). Outcomes of self-labeling sexual
harassment. Journal of Applied Psychology, 84(3), 390-402.
99
Willness, C. R., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace
sexual harassment. Personnel Psychology, 60(1), 127-162.
100
Ragins, B. R., & Scandura, T. A. (1995). Antecedents and work-related correlates of reported sexual harassment:
An empirical investigation of competing hypotheses. Sex Roles, 32(7-8), 429-451.
101
Cortina, L. M., et al. (2002). The incidence and career impact of sexual harassment in academe: Results of a
national study. The Work and Family Handbook, 426-455.
102
Biernat, M., & Fuegen, K. (2001). Shifting standards and the evaluation of competence: Complexity in gender-
based judgment and decision making. Journal of Social Issues, 57(4), 707-724.
 37

3.4.7 Opportunity Costs:

Women may spend considerable time and emotional energy dealing with the
aftermath of harassment, diverting their attention from career development and
growth opportunities103.
3.4.8 Legal and HR Involvement:
Engaging in legal or HR processes to address harassment can be time-consuming
and emotionally draining, further diverting attention from career progression104.
The impact of sexual harassment on career progression underscores the need for
organizations to take proactive steps to prevent harassment, provide support for survivors,
and create inclusive workplace cultures that facilitate women's professional growth. Legal
and organizational interventions can help mitigate these negative effects.

103
Cortina, L. M., Swan, S., Fitzgerald, L. F., & Waldo, C. R. (1998). Sexual harassment and assault: Chilling the
climate for women in academia. Psychology of Women Quarterly, 22(3), 419-441.
104
McLaughlin, H., Uggen, C., & Blackstone, A. (2017). The economic and career effects of sexual harassment on
working women. Gender & Society, 31(3), 333-358.
 38

CHAPTER – 4
ORGANIZATIONAL RESPONSES AND CULTURE

4.1 Role of Leadership and Management

A system-wide change to the culture and climate is required to prevent and effectively
address all three forms of sexual harassment. Despite significant attention in recent
years, there is no evidence to suggest that current policies, procedures, and approaches
have resulted in a significant reduction in sexual harassment. It is time to consider
approaches that address the systems, cultures, and climates that enable sexual
harassment to perpetuate.
4.1.1 Leadership
Strong and effective leaders at all levels in the organization are required to
make the system-wide changes to climate and culture.
The leadership of the organization—at every level—plays a significant role in
establishing and maintaining an organization‘s culture and norms. However, as
compared to leaders in academic institutions, they rarely have leadership
training to thoughtfully address culture and climate issues, and the leadership
training that exists is often of poor quality.
4.1.2 Environmental Impact
Environments with organizational systems and structures that value and
support diversity, inclusion, and respect are environments where sexual
harassment behaviors are less likely to occur.
Sexual harassment often takes place against a backdrop of incivility, or in other
words, in an environment of generalized disrespect. A culture that values
respect and civility is one that can support policies and procedures to prevent
and punish sexual harassment, while a culture that does not will counteract
efforts to address sexual harassment.
a. Evidence-based, effective intervention strategies are available for
enhancing gender diversity in hiring practices.
b. Focusing evaluation and reward structures on cooperation and collegiality
rather than solely on individual-level teaching and research performance
metrics could have a significant impact on improving the environment in
academia.
c. Evidence-based, effective intervention strategies are available for raising
levels of interpersonal civility and respect in workgroups and teams.
d. An organization that is committed to improving organizational climate
must address issues of bias in academia. Training to reduce personal bias
can cause larger-scale changes in departmental behaviors in an academic
setting.
e. Skills-based training that centers on bystander intervention promotes a
culture of support, not one of silence. By calling out negative behaviors on
 39

the spot, all members of an academic community are helping to create a

culture where abusive behavior is seen as an aberration, not as the norm.
Reducing hierarchical power structures and diffusing power more broadly
among faculty and trainees can reduce the risk of sexual harassment.
Departments and institutions could take the following approaches for
diffusing power:
a. Make use of egalitarian leadership styles that recognize that people at all
levels of experience and expertise have important insights to offer.
b. Adopt mentoring networks or committee-based advising that allows for a
diversity of potential pathways for advice, funding, support, and informal
reporting of harassment.
c. Develop ways the research funding can be provided to the trainee rather
than just the principal investigator.
d. Take on the responsibility for preserving the potential work of the research
team and trainees by redistributing the funding if a principal investigator
cannot continue the work because he/she has created a climate that fosters
sexual harassment and guaranteeing funding to trainees if the institution or
a funder pulls funding from the principal investigator because of sexual
harassment.

4.2 Development and Implementation of Anti-Harassment Policies –

4.2.1 Reporting System and Support Policies
Systems and policies that support targets of sexual harassment and provide
options for informal and formal reporting can reduce the reluctance to report
harassment as well as reduce the harm sexual harassment can cause the target.

a. Orienting students, trainees, faculty, and staff, at all levels, to the academic
institution‘s culture and its policies and procedures for handling sexual
harassment can be an important piece of establishing a climate that
demonstrates sexual harassment is not tolerated and targets will be
supported.
b. Institutions could build systems of response that empower targets by
providing alternative and less formal means of accessing support services,
recording information, and reporting incidents without fear of retaliation.
c. Supporting student targets also includes helping them to manage their
education and training over the long term.
4.2.2 Confidentiality and nondisclosure agreements
Isolate sexual harassment targets by limiting their ability to speak with others
about their experiences and can serve to shield perpetrators who have harassed
people repeatedly.
 40

4.2.3 Transparency and accountability

Crucial elements of effective sexual harassment policies. Systems in which
prohibitions against unacceptable behaviors are clear and which hold members
of the community accountable for meeting the behavioral and cultural
expectations established by leadership have lower rates of sexual harassment.
a. Key components of clear anti-harassment policies are that they are
quickly and easily digested (i.e., using one-page flyers or infographics and
not in legally dense language) and that they clearly state that people will be
held accountable for violating the policy.
b. A range of progressive/escalating disciplinary consequences (such as
counseling, changes in work responsibilities, reductions in pay/benefits,
and suspension or dismissal) that corresponds to the severity and frequency
of the misconduct has the potential of correcting behavior before it
escalates and without significantly disrupting an academic program.
c. In an effort to change behavior and improve the climate, it may also be
appropriate for institutions to undertake some rehabilitation-focused
measures, even though these may not be sanctions per se.
d. For the people in an institution to understand that the institution does not
tolerate sexual harassment, it must show that it does investigate and then
hold perpetrators accountable in a reasonable timeframe. Institutions can
anonymize the basic information and provide regular reports that convey
how many reports are being investigated and what the outcomes are from
the investigation.
e. An approach for improving transparency and demonstrating that the
institution takes sexual harassment seriously is to encourage internal
review of its policies, procedures, and interventions for addressing sexual
harassment, and to have interactive dialogues with members of their
campus community (especially expert researchers on these topics) around
ways to improve the culture and climate and change behavior.
f. Anti–sexual harassment training programs should focus on changing
behavior, not on changing beliefs. Programs should focus on clearly
communicating behavioral expectations, specifying consequences for
failing to meet these expectations, and identifying the mechanisms to be
utilized when these expectations are not met. Training programs should not
be based on the avoidance of legal liability.

4.3 Training and Education Policies105 –

4.3.1 Training
While sexual harassment training can be useful in improving knowledge of
policies and of behaviors that constitute sexual harassment, it has not been

105
National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate,
Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National
Academies Press. https://doi.org/10.17226/24994.
 41

demonstrated to prevent sexual harassment or change people‘s behaviors or

beliefs, and some training shows a negative effect (or impact). Sexual
harassment training efforts need to be evaluated and studied to determine their
efficacy and indicate where they need to be changed or improved, particularly
the types of training that show negative effects.
a. Cater training to specific populations; in academia this would include
students, postdoctoral fellows, staff, faculty, and those in leadership.
b. Attend to the institutional motivation for training, which can impact the
effectiveness of the training; for instance, compliance-based approaches
have limited positive impact.
c. Conduct training using live qualified trainers and offer trainees specific
examples of inappropriate conduct. We note that a great deal of sexual
harassment training today is offered via an online mini-course or the
viewing of a short video.
d. Describe standards of behavior clearly and accessibly (e.g., avoiding legal
and technical terms).
4.3.2 Standards
To the extent that the training literature provides broad guidelines for creating
impactful training that can change climate and behavior, they include the
following:
a. Establish standards of behavior rather than solely seek to influence
attitudes and beliefs. Clear communication of behavioral expectations, and
teaching of behavioral skills, is essential.
b. Conduct training in adherence to best standards, including appropriate pre-
training needs assessment and evaluation of its effectiveness.
4.3.3 Climate
Creating a climate that prevents sexual harassment requires measuring the
climate in relation to sexual harassment, diversity, and respect, and assessing
progress in reducing sexual harassment.
4.3.4 System Wide Change
Efforts to incentivize system-wide changes, such as Athena SWAN,1 are
crucial to motivating organizations and departments within organizations to
make the necessary changes.
4.3.5 Higher Education:
Sexual harassment in academic science, engineering, and medicine will be
more effectively addressed in higher education if the standards of behavior are
also upheld in off-campus environments such as professional society meetings
and collaborative research and field sites:
a. Enacting new codes of conduct and new rules related specifically to
conference attendance.
 42

b. Including sexual harassment in codes of ethics and investigating reports of

sexual harassment. (This is a new responsibility for professional societies,
and these organizations are considering how to take into consideration the
law, home institutions, due process, and careful reporting when dealing
with reports of sexual harassment.)
c. Requiring members to acknowledge, in writing, the professional society‘s
rules and codes of conduct relating to sexual harassment during conference
registration and during membership sign-up and renewal.
d. Supporting and designing programs that prevent harassment and provide
skills to intervene when someone is being harassed.
e. Strengthening statements on sexual harassment, bullying, and
discrimination in professional societies‘ codes of conduct, with a few
defining it as research misconduct.
f. Factoring in harassment-related professional misconduct into scientific
award decisions.
4.3.6 Professional Societies
Professional societies have the potential to be powerful drivers of change
through their capacity to help educate, train, codify, and reinforce cultural
expectations for their respective scientific, engineering, and medical
communities. Some professional societies have taken action to prevent and
respond to sexual harassment among their membership. Although each
professional society has taken a slightly different approach to addressing
sexual harassment, there are many promising approaches to changing the
culture and climate in academia; however, further research assessing the
effects and values of the following approaches is needed to identify best
practices:
a. Policies, procedures, trainings, and interventions, specifically how they prevent
and stop sexually harassing behavior, alter perception of organizational
tolerance for sexually harassing behavior, and reduce the negative
consequences from reporting the incidents. This includes informal and formal
reporting mechanisms, bystander intervention training, academic leadership
training, sexual harassment training, interventions to improve civility,
mandatory reporting requirements, and approaches to supporting and
improving communication with the target.
b. Mechanisms for target-led resolution options and mechanisms by which the
target has a role in deciding what happens to the perpetrator, including
restorative justice practices.
c. Mechanisms for protecting targets from retaliation.
d. Rehabilitation-focused measures for disciplining perpetrators.
e. Incentive systems for encouraging leaders in higher education to address the
issues of sexual harassment on campus.
 43

4.4 Need for Change: A Humanistic approach106 –

Besides, the need for a change in law-enforcement officials, there is also a need for
change in the attitude of the victims‘ social relatives (family, kin, friends, associate,
colleagues, etc.) when the focus is shifted to the cases of Sexual Harassment offences
against women at workplace, some very important questions arise:
a. Why women tolerate the acts of sexual harassment against themselves?
b. Why, despite majority of women suffers from sexual harassment at workplace,
they passively acquiesce the said acts?
c. Why do the colleagues and associates of women refrain from the reporting of
crimes against the women?
d. Why there are very less safeguards for women and very less punishing of the
culprits of SHW at the working place?
e. Why do women submit to oppression?
f. Why do women not realize that taking action and reporting the SH is better than
continuing and acquiesce the said harassment?
g. Why do women become docile and not stand on their own feet?
h. Why do women not understand that by doing self-destructive acts they are creating
more problems for themselves in their career-life and their physical and emotional
well-being?
Suffering sexual harassments at workplace is not subjected to only illiterate, less
educated and economically dependent women, but the suffering and being docile is so
deep-rooted in our patriarchal society that even the literate, highly-educated,
sophisticated and economically independent women are also subject to the said
harassment. This fact is necessary to keep in mind while pondering over the measures
to control women‘s abuse in our society and for dealing with female depersonalization
trauma.
There are 5 measures that need attention –
1) Creating Awareness among males for changing their traditional outlook towards
women;
2) Strengthening voluntary women‘s organization;
3) Focusing on education and training programs for women
4) Opening women‘s hostels
5) Changing criminal justice system

106
Lisa Lazard, Sexual harassment, psychology and feminism: #MeToo, victim politics and predators in neoliberal
times,
 44

4.4.1 Creating Awareness among males for changing their traditional outlook towards
women 107–
Within the society and in workplace, the women does not demand total and complete
authority, but she does want a feeling of self-respect, self-image, concern for herself
and respect. The colleagues and associates should give respect to the women working
at the common unit/workplace. Instead of taunting, teasing, which is the beginning of
sexual harassment of women, the male counterparts in the workplace should treat the
women with respect. In the workplace, all the women desire to get freedom and
opportunity to make decisions with respect to her field of work, but if there is any
chance that she wants to lean on a man‘s shoulder for supporting her work and
decisions, the men should not see it as a chance of exploiting the woman‘s neediness.
4.4.2 Strengthening Women’s Voluntary Organizations108 –
Women now have the opportunity to say things publicly through the voluntary
women‘s organizations when they dared not say before. The cries and voice of an
individual woman does not carry any weight behind it. On the contrary, women are
labeled as outspoken if they express her radical views single-handedly.
However, there is a sure shot way of putting the weight behind their voices and words.
If the women of like-minded views join together and form an organization to express
their views and opinions against the oppression and suffering faced by them, they can
easily do so and make an appropriate impact on the society.
It is through these organizations only that the women can change the orthodox and
outdated social norms and values which need to be overhauled. It is, therefore,
necessary to activate a vigorously large number of women‘s organizations against the
orthodox norms of the patriarchal society.
These organizations can take the following activities regarding the protection of
women‘s interest:
1. Hold demonstrations and public meeting and create public pressure;
2. Help victims economically, socially and emotionally;
3. Creating awakening among women by setting up “Parishads” on specific issues;
4. Make reconciliatory efforts with the victims‘ societal relations wherever needed;
5. Pressurize the police to act speedily;
6. File writ petitions in the courts against assaulter, deviant police officials and
magistrares, etc. and demand a review of cases whenever necessary; and
7. Organize press conferences for highlighting specific cases of torture and cruelty.

107
Bala Shashi, TRAINING MODULE ON PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE, V.V. GIRI NATIONAL LABOUR INSTITUTE, 2017
108
Ibid.
 45

4.4.3 Focusing on Education and Training Pregames for Women109 –

Women are generally dependent economically, socially and psychologically on their
husbands. Similarly, the women are dependent on the male counterparts in their
workplace in many aspects. So long as they remain dependent on their male
counterparts, the women will remain subject to continuous humiliation and harassment
in the society.
It is only by educating the women and giving them proper training in their respective
fields of work that they will be more independent. It is this independence which will
enable the women to liberate themselves from the chains of their antiquated sex role
ideology (the solution implied by the traditional socialization theory). This will help
enable the women to become more assertive and self-accepting (learned helplessness
theory) and stop goading their male counterparts in the workplace into ill-treating
them (provocation theory).
4.4.4 Opening Women Hostels110 –
The victims of SHW who want to take up new jobs to escape torture face the problem
of finding accommodation in new places. In this scenario, the government needs to
play the important role of constructing new women‘s hostel. The voluntary agencies,
philanthropists, trust, entrepreneurs can also aid the government in these projects.
Fortunately, there is movement already in relation to this aspect. However the only
problem is this, the movement is only found to be true in big metropolitan cities and
not in small cities and towns.
4.4.5 Changing the Criminal Justice System111 –
The suggestions in this field are to –
a. Change the attitudes and values of judicial officers;
b. Change in the attitudes of Police officials;
c. Strengthening of courts
Before the lifting of the public faith in the criminal justice system, it is imperative for
the system to be modeled in a manner which support and absolve the victim‘s rights
and protection. It is imperative that the system should lean more in the favor of
sociological interpretation of law rather than rigidly sticking to the technicalities and
formalities of procedure.

109
Ibid.
110
Ibid.
111
Ibid.
 46

CHAPTER – 5
PREVENTION STRATEGIES AND BYSTANDER INTERVENTION

5.1 Evaluation of Prevention Programs

5.1.1 Adjustment Phases –
The Adjustment/Rehabilitation of Victims of Sexual Harassment at Workplace
(SHW) after being stigmatized by the harassment into normal life includes various
phases of rehabilitation. If the victims are to start a new life and take up new roles
in the society, they have to go through various phases of rehabilitation.
Although the phases are deemed intermeshed but Bowlby has identified 4 phases of
―Recovery‖: Shock, Protest, Despair, and a long interval of Adaptation.112
Following Bowlby and Mukesh Ahuja, the 4 phases in female victims‘ adjustment
to life after stigmatization can be identified as follows –
(i) Shock and Pain;
(ii) Removing Pain;
(iii) Avoidance and Humiliation; and
(iv) Adaptation.
It is not necessary that all the victims of SHW find the same level of shock and
pain, the same level of humiliation and avoidance and the same level of
Adaptation.113
After being harassed by eve-teasers/offenders, how do the women adjust
themselves? How do they face social stigma, disgrace, shame, and grief?
The disgrace, denouncement, and stigma are referred as the most pain-generating
emotions. Emotions flow in part from their relations with social systems and in part
from their personality traits.

112
Bowlby, Journal of Social Issues, Vol. 44, No. 3, 1988: 45-46.
113
Ahuja, Mukesh, Widows: Role Adjustment and Violence, Wishwa Prakashan, New Delhi, 1996.
 47

PHASES OF ADJUSTMENT TO NEW LIFE BY FEMAL VICTIMS OF SHW

Shock and Pain (depend upon):

Nature of SH commited against her and alo on factors like:
PHASE 1 1. Age
2. Education
3. Employment
4. Emotional Attachments

Removing Pain (depends on):

PHASE 2 1. Support
2. Security

Avoidance/Humiliation (by):
1. Family members
2. Kin
PHASE 3 3. Friends
4. Acquaintances

Adaptations (through):
1. Religious Consolations
PHASE 4 2. Accepting Social Challenges
3. Neutralization
4. Attachment and Identity change
 48

There are, broadly, 2 theories referred to in providing a perspective on suffering

humiliation and pain after SHW, on adjustment after facing crime/disgrace/stigma: the
Symbolic Interaction Theory and the Family Systems Theory.
5.1.2 Symbolic Interaction Theory114 –
This theory applies to the victims‘ loss of respect, facing of stigma and the victim‘s
attempts at rejuvenating and readjustments herself after experience of SHW. After
the event of SHW it can be very well said that the victim female‘s social dignity is
removed. Her self-image and the actions of her determination is affected by this act
of harassment. The part of her life and social context in relation it which defines her
and organize her and provide meaning to her life is endangered.
In some cases, the SHW may be so grave that the victim may feel at a loss of social
relationships to describe her situation. In this situation, due to loss of self-respect or
self-image the victim might search for alternative sources to define her life and give
meaning to it. It may lead her to turn to religion, to some person, or to social work
etc. The process of searching for some person, some object or other thing to which
the victim may attach herself involves social activity that may be ‗constructionist‘
or ‗negotiational‘ i.e. passive acceptance of definitions of sympathy offered by
others.115
For the purpose of readjustment of victim, ―Culture‖ also plays a significant role to
affect the grief, the prestige and the effort of victim. For example – the belief
system in any culture/sub-culture that say “do not grieve because you were not a
willing party to the event, rather you were the victim of circumstances” may reduce
the grief and uplift the prestige of the victim.
The readjustment of the victim also depends on her ability to deal with the
relationship issues. The ―others‖ (people with whom the victim has social relations)
around her will perceive the grief/suffering/loss of respect of the victim with
respect to the social and cultural norms and the emotional control of the victim
used by her to deal with the particular event. The victims of one type of SH, such as
– eve-teasing, may face a particular type of reaction from others which could be
wholly different from the reactions faced by the victim of a different type of SH,
such as – showing of pornography against the victim‘s will. Thus besides suffering
grief/loss of respect/humiliation the victim may also suffer to face different and
distinct types of reaction from others of the societal relationships. Hence, the
anticipation of reactions of the victim‘s family members, kin, friends, working
associates, colleagues, etc. to her actions and activities necessitates paying attention
to possible reactions to her behavior, attitude and lifestyle.116

114
Monica A. Longmore, Symbolic Interactionism and the Study of Sexuality, The Journal of Sex Research, Vol. 35,
No. 1, The Use of Theory in Research and Scholarship on Sexuality (1998), pp. 44-57
115
Harper and Row, Victims of Sexual Assault Conference P 37-55, 1984
116
Adler, N., & Hendrick, S. (1991). Relationships between contraceptive behavior and love attitudes, sex attitudes,
and self-esteem. Journal of Counseling and Development, 70, 302-308.
 49

Therefore, according to the Symbolic Interaction theory, the victim‘s subjectivity is

socially-induced which leads to conformity to societal expectations.
5.1.3 Theory of Family Systems –
The theory of family systems, originally developed by psychiatrist Murray Bowen,
provides a framework for understanding human behavior and relationships within
the context of a family unit. While it may not seem immediately obvious how this
theory relates to sexual harassment, examining it through the lens of family systems
can shed light on some of the underlying dynamics and factors that contribute to
such behavior.117
The family systems theory posits that individuals are interconnected and
interdependent within a family unit, and the functioning of the family as a whole
can influence the behavior and well-being of its members. Several key concepts
within this theory can be applied to the understanding of sexual harassment118:
1. Differentiation of Self: In the family systems theory, differentiation refers to
an individual's ability to separate their thoughts and feelings from those of their
family members. Lower levels of differentiation can lead to emotional
reactivity and dependency on others for validation. When applied to sexual
harassment, a lack of differentiation may contribute to individuals not
recognizing the boundaries and autonomy of others, leading to harassment.119
2. Triangulation: Triangulation occurs when conflicts or tensions between two
family members are eased by involving a third person. In cases of sexual
harassment, triangulation can manifest when an individual who is harassed tries
to involve others, such as HR or colleagues, to mediate or address the issue.120
3. Family Projection Process: This concept suggests that parents often project
their own unresolved issues onto their children. In the context of sexual
harassment, it can imply that individuals who have experienced harassment or
witnessed it within their family may be more likely to perpetrate or tolerate
such behavior in the workplace.121
4. Emotional Cutoff: Emotional cutoff refers to the distancing of oneself from
family members to avoid unresolved emotional conflicts. In some cases,
individuals may use sexual harassment as a way to exert power and control over
others, possibly stemming from unresolved conflicts or emotional cutoffs
within their own family.122
5. Multigenerational Transmission Process: This concept suggests that
dysfunctional patterns and behaviors can be passed down through generations
within a family. In some cases, individuals who have experienced sexual

117
Bowen, M. (1978). Family Therapy in Clinical Practice. Jason Aronson.
118
Minuchin, S. (1974). Families and Family Therapy. Harvard University Press.
119
Ibid.
120
Ibid.
121
Ibid.
122
Ibid.
 50

harassment or have family histories of such behavior may perpetuate it, seeing
it as a normative pattern.123
Applying the family systems theory to sexual harassment helps us understand
that the dynamics within a family unit can influence how individuals relate to
others in different contexts, including the workplace. It's important to note that
sexual harassment is not solely a result of family dynamics; it is a societal issue
with complex causes. However, understanding these dynamics can be valuable
in addressing and preventing sexual harassment.124

5.2 Promoting Bystander Intervention

Promoting bystander intervention is a crucial aspect of addressing and preventing sexual
harassment of women in the workplace. Bystander intervention encourages individuals
who witness harassment to take action, thus creating a safer and more supportive
workplace environment. Below are some strategies for promoting bystander intervention in
sexual harassment:
5.2.1 Awareness and Training Programs:
Develop and implement awareness and training programs that educate employees
about what constitutes sexual harassment, how to recognize it, and the importance
of bystander intervention.125
5.2.2 Provide Clear Reporting Mechanisms:
Ensure that there are clear and accessible reporting mechanisms for employees to
report incidents of harassment or unsafe behavior126.
5.2.3 Encourage Bystander Training:
Offer bystander intervention training programs that empower employees with the
skills and confidence to intervene safely when they witness harassment127.
5.2.4 Promote a Culture of Support:
Foster a workplace culture that values respect, empathy, and support for colleagues,
making it more likely for bystanders to step in when they witness harassment128.

123
Ibid.
124
Kerr, M. E., & Bowen, M. (1988). Family Evaluation: An Approach Based on Bowen Theory. W.W. Norton &
Company.
125
Banyard, V. L., & Moynihan, M. M. (2011). Variation in bystander behavior related to sexual and intimate
partner violence prevention: Correlates in a sample of college students. Psychology of Violence, 1(4), 287-301.
126
Cook-Craig, P. G., Coker, A. L., Clear, E. R., Garcia, L. S., Bush, H. M., Brancato, C. J., & Fisher, B. S. (2014).
Challenge and opportunity in evaluating a diffusion-based active bystanding prevention program: Green Dot in high
schools. Violence against Women, 20(10), 1179-1202.
127
Banyard, V. L., Moynihan, M. M., & Plante, E. G. (2007). Sexual violence prevention through bystander
education: An experimental evaluation. Journal of Community Psychology, 35(4), 463-481.
128
Hollander, J. A. (2012). Sexual harassment, workplace authority, and the paradox of power. Law & Society
Review, 46(1), 45-82.
 51

5.2.5 Recognize and Reward Bystander Actions:

Acknowledge and reward employees who take proactive steps to intervene as
bystanders, reinforcing the importance of such actions129
5.2.6 Evaluate and Improve Programs:
Continuously assess the effectiveness of bystander intervention programs and make
necessary improvements based on feedback and outcomes130.
5.2.7 Legal Framework and Policies:
Ensure that workplace policies and legal frameworks support bystander
intervention efforts and protect those who come forward to report harassment131.
Promoting bystander intervention in sexual harassment cases is essential for
creating a culture of accountability and safety within the workplace. It empowers
employees to take an active role in preventing harassment and supports the victims.
Organizations should tailor their efforts to their specific workplace culture and
needs while keeping these evidence-based strategies in mind.

5.3 Best Practices in Prevention

Preventing sexual harassment of women in the workplace in India requires adherence to
the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013. Hereinafter are mentioned some of the practices which would end in the
removal of sexual harassment of women at workplace –
5.3.1 Establish an Internal Complaints Committee (ICC):
Comply with the legal requirement by forming an ICC in every workplace with 10
or more employees.
Ensure the committee is well-trained and consists of both internal and external
members132.
5.3.2 Create a Comprehensive Anti-Sexual Harassment Policy:
Develop a clear and comprehensive policy that outlines the prohibition of sexual
harassment, reporting mechanisms, and the role of the ICC. Ensure the policy is
communicated to all employees, including through training.
5.3.3 Mandatory Employee Training:
Conduct regular training sessions for all employees to educate them about the Act,
what constitutes sexual harassment, and how to report incidents133.

129
Grubb, A., & Turner, E. (2012). Attribution of blame in rape cases: A review of the impact of rape myth
acceptance, gender role conformity and substance use on victim blaming. Aggression and Violent Behavior, 17(5),
443-452.
130
Banyard, V. L., & Potter, S. J. (2018). Who will help prevent sexual violence: Creating an ecological model of
bystander intervention. Psychology of Violence, 8(2), 221-232.
131
Equal Employment Opportunity Commission (EEOC). (2021). Select Task Force on the Study of Harassment in
the Workplace: Report of Co-Chairs Chai R. Feldblum & Victoria A. Lipnic. https://www.eeoc.gov/
132
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
133
Guidelines issued by the Ministry of Women and Child Development, Government of India.
 52

5.3.4 Promote Reporting and Confidentiality:

Establish confidential and accessible reporting mechanisms such as an internal
complaint system, anonymous complaint boxes, and dedicated contact persons.
Ensure that complainants' identities are protected, and they are not subjected to
retaliation134.
5.3.5 Raising Awareness and Sensitization:
Conduct regular awareness campaigns and workshops to sensitize employees and
employers about the importance of preventing sexual harassment135.
5.3.6 Leadership Commitment:
Encourage senior management to lead by example in fostering a culture of respect
and zero tolerance for harassment. Promote gender sensitivity at all levels of the
organization136.
5.3.7 External Support and Redressal:
Provide guidance to employees on how to approach external authorities, such as the
local police or the National Commission for Women, if the internal complaints
mechanism is ineffective.
5.3.8 Documentation and Record Keeping:
Maintain records of all complaints, investigations, and actions taken for a minimum
of three years.
5.3.9 Regular Audits and Assessments:
Conduct periodic audits to assess the effectiveness of the ICC and the organization's
compliance with the Act. Use feedback from employees and the ICC to improve
prevention efforts.
5.3.10 Legal Compliance:
Stay updated with amendments and changes in the law and ensure that policies and
practices are in alignment.
By implementing these best practices in line with the Sexual Harassment of Women at
Workplace Act and government guidelines, organizations in India can create safer and
more inclusive work environments while also complying with the law.

134
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
135
Ibid.
136
Ibid.
 53

CHAPTER – 6
DISCUSSIONS AND ANALYSIS

This study examined the extent to which workplace harassment targets use professional
services and how the pattern of their experiences influences professional support seeking
over time. The role that gender plays in these relationships is also examined and discussed
above. that chronic sexual harassment was more common among women.
In this spirit of optimism, the following is the compilation of the report‘s findings,
conclusions, and recommendations137:

6.1 Types of Sexual Harassment

Sexual harassment is a form of discrimination that consists of three types of harassing
behavior:
(1) Gender harassment (verbal and nonverbal behaviors that convey hostility,
objectification, exclusion, or second-class status about members of one gender);
(2) Unwanted sexual attention (unwelcome verbal or physical sexual advances, which can
include assault); and
(3) Sexual coercion (when favorable professional or educational treatment is conditioned
on sexual activity). The distinctions between the types of harassment are important,
particularly because many people do not realize that gender harassment is a form of
sexual harassment.

6.2 Direct and Indirect Sexual Behavior

Sexually harassing behavior can be either direct (targeted at an individual) or ambient (a
general level of sexual harassment in an environment) and is harmful in both cases:
It is considered illegal when it creates a hostile environment (gender harassment or
unwanted sexual attention that is ―severe or pervasive‖ enough to alter the conditions of
employment, interfere with one‘s work performance, or impede one‘s ability to get an
education) or when it is quid pro quo sexual harassment (when favorable professional or
educational treatment is conditioned on sexual activity).

6.3 Scientific Methods

There are reliable scientific methods for determining the prevalence of sexual harassment:
To measure the incidence of sexual harassment, surveys should follow the best practices
that have emerged from the science of sexual harassment. This includes use of –
1. Sexual Experiences Questionnaire, the most widely used and well-validated instrument
available for measuring sexual harassment;

137
National Academies of Sciences, Engineering, and Medicine. 2018. Sexual Harassment of Women: Climate,
Culture, and Consequences in Academic Sciences, Engineering, and Medicine. Washington, DC: The National
Academies Press.
 54

2. Assessment of specific behaviors without requiring the respondent to label the

behaviors ―sexual harassment‖;
3. Focus on first-hand experience or observation of behavior (rather than rumor or
hearsay); and
4. Focus on the recent past (1–2 years, to avoid problems of memory decay). Relying on
the number of official reports of sexual harassment made to an organization is not an
accurate method for determining the prevalence.

6.4 Reports and Surveys

Some surveys underreport the incidence of sexual harassment because they have not
followed standard and valid practices for survey research and sexual harassment research.
While properly conducted surveys are the best methods for estimating the prevalence of
sexual harassment, other salient aspects of sexual harassment and its consequences can be
examined using other research methods: such as behavioral laboratory experiments,
interviews, case studies, ethnographies, and legal research. Such studies can provide
information about the presence and nature of sexually harassing behavior in an
organization, how it develops and continues (and influences the organizational climate),
and how it attenuates or amplifies outcomes from sexual harassment.

6.5 Sexual Harassment a persistent problem

Sexual harassment remains a persistent problem in the workplace at large. Across
workplaces, five common characteristics emerge:
1. Women experience sexual harassment more often than men do.
2. Gender harassment (e.g., behaviors that communicate that women do not belong or do
not merit respect) is by far the most common type of sexual harassment. When an
environment is pervaded by gender harassment, unwanted sexual attention and sexual
coercion become more likely to occur—in part because unwanted sexual attention and
sexual coercion are almost never experienced by women without simultaneously
experiencing gender harassment.
3. Men are more likely than women to commit sexual harassment.
4. Coworkers and peers more often commit sexual harassment than do superiors.
5. Sexually harassing behaviors are not typically isolated incidents; rather, they are a
series or pattern of sometimes escalating incidents and behaviors.

6.6 Inclusion of minority

Research that does not include the study of women of color and sexual- and gender-
minority women presents an incomplete picture of women‘s experiences of sexual
harassment. The preliminary research on the experiences of women of color, and sexual-
and gender-minority women reveals that their experiences of sexual harassment can differ
from the larger population of cis-gender, straight, white women.
1. Women of color experience more harassment (sexual, racial/ethnic, or combination of
the two) than white women, white men, and men of color do. Women of color often
experience sexual harassment that includes racial harassment.
 55

2. Sexual- and gender-minority people experience more sexual harassment than

heterosexual women do.

6.7 Environmental factor

The two characteristics of environments most associated with higher rates of sexual
harassment are
(a) Male-dominated gender ratios and leadership and
(b) An organizational climate that communicates tolerance of sexual harassment (e.g.,
leadership that fails to take complaints seriously, fails to sanction perpetrators, or fails
to protect complainants from retaliation).

6.8 Organization Climate

Organizational climate is, by far, the greatest predictor of the occurrence of sexual
harassment, and ameliorating it can prevent people from sexually harassing others. A
person more likely to engage in harassing behaviors is significantly less likely to do so in
an environment that does not support harassing behaviors and/or has strong, clear,
transparent consequences for these behaviors.
 56

CHAPTER – 7
RECOMMENDATIONS

Changing the current culture and climate requires addressing all forms of sexual
harassment, not just the most egregious cases; moving beyond legal compliance;
supporting targets when they come forward; improving transparency and accountability;
diffusing the power structure between faculty and trainees; and revising organizational
systems and structures to value diversity, inclusion, and respect. Leaders at every level
within academia will be needed to initiate these changes and to establish and maintain the
culture and norms. However, to succeed in making these changes, all members of the
nation — students, teachers, judicial officers, members of legislation, administrators, and
all other members of various fields — will need to assume responsibility for promoting a
civil and respectful environment. It is everyone‘s responsibility to stop sexual harassment.

7.1 RECOMMENDATION 1: Create diverse, inclusive, and respectful environments.

a. Academic institutions and their leaders should take explicit steps to achieve greater
gender and racial equity in hiring and promotions, and thus improve the representation
of women at every level.
b. Academic institutions and their leaders should take steps to foster greater cooperation,
respectful work behavior, and professionalism at the faculty, staff, and student/trainee
levels, and should evaluate faculty and staff on these criteria in hiring and promotion.
c. Academic institutions should combine anti-harassment efforts with civility-promotion
programs.
d. Academic institutions should cater their training to specific populations (in academia
these should include students/trainees, staff, faculty, and those in leadership) and
should follow best practices in designing training programs. Training should be viewed
as the means of providing the skills needed by all members of the academic
community, each of whom has a role to play in building a positive organizational
climate focused on safety and respect, and not simply as a method of ensuring
compliance with laws.
e. Academic institutions should utilize training approaches that develop skills among
participants to interrupt and intervene when inappropriate behavior occurs. These
training programs should be evaluated to determine whether they are effective and
what aspects of the training are most important to changing culture.
f. Anti–sexual harassment training programs should focus on changing behavior, not on
changing beliefs. Programs should focus on clearly communicating behavioral
expectations, specifying consequences for failing to meet these expectations, and
identifying the mechanisms to be utilized when these expectations are not met.
Training programs should not be based on the avoidance of legal liability.

7.2 RECOMMENDATION 2: Address the most common form of sexual harassment:

gender harassment.
 57

Leaders in academic institutions and research and training sites should pay increased
attention to and enact policies that cover gender harassment as a means of addressing the
most common form of sexual harassment and of preventing other types of sexually
harassing behavior.

7.3 RECOMMENDATION 3: Move beyond legal compliance to address culture and

climate.
Academic institutions, research and training sites, and federal agencies should move
beyond interventions or policies that represent basic legal compliance and that rely solely
on formal reports made by targets. Sexual harassment needs to be addressed as a
significant culture and climate issue that requires institutional leaders to engage with and
listen to students and other campus community members.

7.4 RECOMMENDATION 4: Improve transparency and accountability.

a. Academic institutions need to develop—and readily share—clear, accessible, and
consistent policies on sexual harassment and standards of behavior. They should
include a range of clearly stated, appropriate, and escalating disciplinary consequences
for perpetrators found to have violated sexual harassment policy and/or law. The
disciplinary actions taken should correspond to the severity and frequency of the
harassment. The disciplinary actions should not be something that is often considered a
benefit for faculty, such as a reduction in teaching load or time away from campus
service responsibilities. Decisions regarding disciplinary actions, if indicated or
required, should be made in a fair and timely way following an investigative process
that is fair to all sides.
b. Academic institutions should be as transparent as possible about how they are handling
reports of sexual harassment. This requires balancing issues of confidentiality with
issues of transparency. Annual reports, that provide information on –
 How many and what type of policy violations have been reported (both
informally and formally),
 How many reports are currently under investigation, and
 How many have been adjudicated, along with general descriptions of any
disciplinary actions taken, should be shared with the entire academic
community: students, trainees, faculty, administrators, staff, alumni, and
funders.
At the very least, the results of the investigation and any disciplinary action should be
shared with the target(s) and/or the person(s) who reported the behavior.
c. Academic institutions should be accountable for the climate within their organization.
In particular, they should utilize climate surveys to further investigate and address
systemic sexual harassment, particularly when surveys indicate specific schools or
facilities have high rates of harassment or chronically fail to reduce rates of sexual
harassment.
 58

d. Academic institutions should consider sexual harassment equally important as research

misconduct in terms of its effect on the integrity of research. They should increase
collaboration among offices that oversee the integrity of research (i.e., those that cover
ethics, research misconduct, diversity, and harassment issues); centralize resources,
information, and expertise; provide more resources for handling complaints and
working with targets; and implement sanctions on researchers found guilty of sexual
harassment.
7.5 RECOMMENDATION 5: Diffuse the hierarchical and dependent relationship
between trainees and faculty.
Academic institutions should consider power-diffusion mechanisms (i.e., mentoring
networks or committee-based advising and departmental funding rather than funding only
from a principal investigator) to reduce the risk of sexual harassment.

7.6 RECOMMENDATION 6: Provide support for the target.

Academic institutions should convey that reporting sexual harassment is an honorable and
courageous action. Regardless of a target filing a formal report, academic institutions
should provide means of accessing support services (social services, health care, legal,
career/professional). They should provide alternative and less formal means of recording
information about the experience and reporting the experience if the target is not
comfortable filing a formal report. Academic institutions should develop approaches to
prevent the target from experiencing or fearing retaliation in academic settings.

7.7 RECOMMENDATION 7: Strive for strong and diverse leadership.

a. College and university presidents, provosts, deans, department chairs, and program
directors must make the reduction and prevention of sexual harassment an explicit goal
of their tenure. They should publicly state that the reduction and prevention of sexual
harassment will be among their highest priorities, and they should engage students,
faculty, and staff (and, where appropriate, the local community) in their efforts.
b. Academic institutions should support and facilitate leaders at every level (university,
school/college, department, lab) in developing skills in leadership, conflict resolution,
mediation, negotiation, and de-escalation, and should ensure a clear understanding of
policies and procedures for handling sexual harassment issues. Additionally, these
skills development programs should be customized to each level of leadership.
c. Leadership training programs for those in academia should include training on how to
recognize and handle sexual harassment issues, and how to take explicit steps to create
a culture and climate to reduce and prevent sexual harassment—and not just protect the
institution against liability.

7.8 RECOMMENDATION 8: Measure progress.

Academic institutions should work with researchers to evaluate and assess their efforts to
create a more diverse, inclusive, and respectful environment, and to create effective
policies, procedures, and training programs. They should not rely on formal reports by
targets for an understanding of sexual harassment on their campus.
 59

a. When organizations study sexual harassment, they should follow the valid
methodologies established by social science research on sexual harassment and should
consult subject-matter experts. Surveys that attempt to ascertain the prevalence and
types of harassment experienced by individuals should adopt the following practices:
ensure confidentiality, use validated behavioral instruments such as the Sexual
Experiences Questionnaire, and avoid specifically using the term ―sexual harassment‖
in any survey or questionnaire.
b. Academic institutions should also conduct more wide-ranging assessments using
measures in addition to campus climate surveys, for example, ethnography, focus
groups, and exit interviews. These methods are especially important in smaller
organizational units where surveys, which require more participants to yield
meaningful data, might not be useful.
c. Organizations studying sexual harassment in their environments should take into
consideration the particular experiences of people of color and sexual- and gender-
minority people, and they should utilize methods that allow them to disaggregate their
data by race, ethnicity, sexual orientation, and gender identity to reveal the different
experiences across populations.
d. The results of climate surveys should be shared publicly to encourage transparency and
accountability and to demonstrate to the campus community that the institution takes
the issue seriously. One option would be for academic institutions to collaborate in
developing a central repository for reporting their climate data, which could also
improve the ability for research to be conducted on the effectiveness of institutional
approaches.
e. Federal agencies and foundations should commit resources to develop a tool similar to
ARC3, the Administrator-Researcher Campus Climate Collaborative, to understand
and track the climate for faculty, staff, and postdoctoral fellows.

7.9 RECOMMENDATION 9: Incentivize change.

a. Academic institutions should work to apply for awards from the emerging STEM
Equity Achievement (SEA Change) program.3 Federal agencies and private
foundations should encourage and support academic institutions working to achieve
SEA Change awards.
b. Accreditation bodies should consider efforts to create diverse, inclusive, and respectful
environments when evaluating institutions or departments.
c. Federal agencies should incentivize efforts to reduce sexual harassment in academia
by requiring evaluations of the research environment, funding research and evaluation
of training for students and faculty (including bystander intervention), supporting the
development and evaluation of leadership training for faculty, and funding research on
effective policies and procedures.

7.10 RECOMMENDATION 10: Encourage involvement of professional societies and

other organizations.
 60

a. Professional societies should accelerate their efforts to be viewed as organizations that

are helping to create culture changes that reduce or prevent the occurrence of sexual
harassment. They should provide support and guidance for members who have been
targets of sexual harassment. They should use their influence to address sexual
harassment in the scientific, medical, and engineering communities they represent and
promote a professional culture of civility and respect. The efforts of the American
Geophysical Union are especially exemplary and should be considered as a model for
other professional societies to follow.
b. Other organizations that facilitate the research and training of people in science,
engineering, and medicine, such as collaborative field sites (i.e., national labs and
observatories), should establish standards of behavior and set policies, procedures, and
practices similar to those recommended for academic institutions and following the
examples of professional societies. They should hold people accountable for their
behaviors while at their facility regardless of the person‘s institutional affiliation (just
as some professional societies are doing).

7.11 RECOMMENDATION 11: Initiate legislative action.

State legislatures and Congress should consider new and additional legislation with the
following goals:
a. Better protecting sexual harassment claimants from retaliation.
b. Prohibiting confidentiality in settlement agreements that currently enable harassers to
move to another institution and conceal past adjudications.
c. Banning mandatory arbitration clauses for discrimination claims.
d. Allowing lawsuits to be filed against alleged harassers directly (instead of or in
addition to their academic employers).
e. Requiring institutions receiving federal funds to publicly disclose results from campus
climate surveys and/or the number of sexual harassment reports made to campuses.
f. Requesting the National Science Foundation and the National Institutes of Health
devote research funds to doing a follow-up analysis on the topic of sexual harassment
in science, engineering, and medicine in 3 to 5 years to determine
(1) whether research has shown that the prevalence of sexual harassment
has decreased,
(2) whether progress has been made on implementing these
recommendations, and
(3) where to focus future efforts.
7.12 RECOMMENDATION 12: Address the failures to meaningfully enforce prohibition
on sex discrimination.
a. Judges, academic institutions (including faculty, staff, and leaders in academia), and
administrative agencies should rely on scientific evidence about the behavior of targets
and perpetrators of sexual harassment when assessing both institutional compliance
with the law and the merits of individual claims.
 61

b. Judges should take into account demonstrated effectiveness of anti-harassment

policies and practices such as trainings, and not just their existence, for use of an
affirmative defense against a sexual harassment claim.
7.13 RECOMMENDATION 13: Increase federal agency action and collaboration.
Federal agencies should do the following:
a. Increase support for research and evaluation of the effectiveness of policies,
procedures, and training on sexual harassment.
b. Attend to sexual harassment with at least the same level of attention and resources as
devoted to research misconduct. They should increase collaboration among offices that
oversee the integrity of research (i.e., those that cover ethics, research misconduct,
diversity, and harassment issues); centralize resources, information, and expertise;
provide more resources for handling complaints and working with targets; and
implement sanctions on researchers found guilty of sexual harassment.
c. Require institutions to report to federal agencies when individuals on grants have been
found to have violated sexual harassment policies or have been put on administrative
leave related to sexual harassment, as the National Science Foundation has proposed
doing. Agencies should also hold accountable the perpetrator and the institution by
using a range of disciplinary actions that limit the negative effects on other grant
personnel who were either the target of the harassing behavior or innocent bystanders.
d. Reward and incentivize colleges and universities for implementing policies, programs,
and strategies that research shows are most likely to and are succeeding in reducing and
preventing sexual harassment.

7.14 RECOMMENDATION 14: Conduct necessary research.

Funders should support the following research:
a. The sexual harassment experiences of women in underrepresented and/or vulnerable
groups, including women of color, disabled women, immigrant women, sexual- and
gender-minority women, postdoctoral trainees, and others.
b. Policies, procedures, trainings, and interventions, specifically their ability to prevent
and stop sexually harassing behavior, to alter perception of organizational tolerance for
sexually harassing behavior, and to reduce the negative consequences from reporting
the incidents. This should include research on informal and formal reporting
mechanisms, bystander intervention training, academic leadership training, sexual
harassment and diversity training, interventions to improve civility, mandatory
reporting requirements, and approaches to supporting and improving communication
with the target.
c. Mechanisms for target-led resolution options and mechanisms by which the target has
a role in deciding what happens to the perpetrator, including restorative justice
practices.
d. Mechanisms for protecting targets from retaliation.
e. Approaches for mitigating the negative impacts and outcomes that targets experience.
 62

f. Incentive systems for encouraging leaders in higher education to address the issues of
sexual harassment on campus.
g. The prevalence and nature of sexual harassment within specific fields in science,
engineering, and medicine and that follows good practices for sexual harassment
surveys.
h. The prevalence and nature of sexual harassment perpetrated by students on faculty.
i. The amount of sexual harassment that serial harassers are responsible for.
j. The prevalence and effect of ambient harassment in the academic setting.
k. The connections between consensual relationships and sexual harassment.

l. Psychological characteristics that increase the risk of perpetrating different forms of

sexually harassing behaviors.
7.15 RECOMMENDATION 15: Make the entire academic community responsible for
reducing and preventing sexual harassment.
All members of our nation‘s members as well as members of research and training sites
should assume responsibility for promoting civil and respectful education, training, and
work environments, and stepping up and confronting those whose behaviors and actions
create sexually harassing environments.

7.16 RECOMMENDATION 16: Policy Enhancements

As observed by the Supreme Court in the judgment of Vishaka vs. State of Rajasthan138,
that –
―Effective complaints procedures and remedies, including compensation, should be
provided. States should include in their reports information about sexual harassment, and
on measures to protect women from sexual harassment and other forms of violence of
coercion in the work place."

138
AIR 1970 SC 3711
 63

CHAPTER – 8
CONCLUSION

8.1 Summary of Key Findings –

"One is not born, but rather becomes, a woman."
- Simone de Beauvoir
These words by Simone de Beauvoir resonates the idea that gender is a construct that is
based on several external factors. The practices followed in a society create norms for any
gender and establishes its position in the society. There is no denying the fact that women
have been looked down by society as a subordinate gender for a very long time. It is
noteworthy that in ancient India, women were held in high esteem. The position of a
woman in the Vedas and the Upanishads was that of a mother (maata) or goddess (Devi).
In the early Vedic age, girls were looked after with care. Women were highly respected in
the Vedic ages. The focus on women‘s education was never absent. The word
“sahadharmini” means, ―equal partner‖ was known from the Vedic days. Hence, women
in India in ancient days enjoyed respect, education and reverence. However, with the
passage of time, the status of woman deteriorated and the practices of purdah system,
dowry and sati came into being. With the advent of the British and many social workers
such as Raja Ram Mohan Roy, many of these social evils were uprooted from the fabric of
society.
In the contemporary times, the reality of gender equality in India is very complex and
diversified due to its presence across many fields, backgrounds and classes. In many parts
of India, women are viewed as an economic liability despite contribution in several ways
to our society and economy. At home, a woman‘s contribution to home as a housewife is
not recognized. Violence against women is also prominent in India. As per some reports
every 42 minutes sexual harassment occurs, every 43 minutes a woman is kidnapped and
every 93 minutes a woman is burnt for dowry. And by the pre-quarter of reported, rapes
involve girls under the age of 16 years. Every 26 minutes a woman is molested and every
34 minutes a rape take place.
Taking into consideration these aspects, women empowerment is the need of the hour. This
empowerment should be on five parameters – social, economic, psychological,
educational, and political. Women should be enabled to be a part of the decision making
process at the domestic level as well as global level. They should be provided autonomy in
their personal lives as well as the political, social and economical aspects of society. To be
able to create any change, the participation of every woman of the nation is important. This
idea is resonated by the following quote by Pandit Jawaharlal Nehru.
"To awaken the people, it is the women who must be awakened. Once she is on the
move, the family moves, the village moves, the nation moves".
- Pandit Jawaharlal Nehru.
 64

India as a nation is working incessantly to fill the gender gaps existing in the societies here.
The Constitution of India provides equality of employment opportunity, voting rights and
equal pay for equal work. It lays great emphasis on the dignity of women and constitutes
several pro-visions like maternity reliefs to maintain a gender-sensitive environment at the
workplace. India has observed immense changes in its socio-political and economic
conditions by the introduction of these measures as well as under the impact of
globalization and technological advancements. Census 2001-2011 recorded a significant
rise in the literacy rate of women. The expansion of the service sector has generated fresh
work opportunities for women. Women are dominating the key positions in many fields
that were earlier denied to them. However, these transformations seem to be insignificant
when compared to the number of issues that continue to degenerate the conditions of
women in the society. Also, new challenges have emerged that impede the holistic
development of women.
“I believe that the rights of women and girls are the unfinished business of the 21st
century.”
- Hillary Clinton

8.2 Legal provisions –

 ―Protection of Women from Domestic Violence Act, 2005‖ and ―Sexual Harassment of
Women at Work Place (Prevention, Prohibition & Redressal) Act, 2013‖.
 Institutions like the National Commission for Women have been formed to identify and
register the cases of oppression faced by women.
 Ministry of Women and Child Development is specifically dedicated to addressing the
issues, policies and their implementations related to the women and children in the
country.
 Government schemes like „Beti bachao-Beti padhao‟, „Janani Suraksha‟, intend to
ensure the better health care and education facilities.
 Policies like „New National Policy for Women‟ endeavour to follow the „socially
inclusive rights-based approach‟ for the women empowerment.
 Apart from this, the introduction of Gender Budget Statement promises a just
distribution of resources in the country across gender divisions as well.
 Criminal laws against sati, dowry, female infanticide and foeticide, 'eve teasing', rape,
immoral trafficking and other offences relating to women have been enacted in
addition to civil laws like the Dissolution of Muslim Marriages Act 1939, the Hindu
Marriage Act 1955 and other Matrimonial enactments.
 The Prevention of Domestic Violence Act passed in 2015.
 Other measures by the government include provision of reservation in representation
and education, allocation for the welfare of women in the five year plans, provision of
subsidized loan facilities and so on.
 24th January as the National Girl Child Day.
 65

In brief, the following measures may be suggested for reducing women‘s trauma as
victims of sexual harassment at workplace –
1) Legal Literacy of women or creating awareness of rights among women through
media, published literature and voluntary agencies;
2) Judicial Activism i.e. giving liberal and creative interpretation of law than literal or
technical interpretation;
3) Constant monitoring of justice and examining impact of legislation;
4) Monitoring rescue homes;
5) Strengthening free legal aid societies; and
6) Effective functioning of family courts and family counseling services.

8.3 Implications for Practice and Policy –

 Cyber-crimes such as sexual harassment and molestation of women through the
internet and mobile devices have gone up along with the technological development in
the country.
 As the nation basks in the various scientific and economic achievements, half of its
population writhes under the fear of rape, trafficking, domestic violence, honour
killing, acid attacks, and sexual harassments.
 Child marriage, dowry demands, and female infanticide remain a harsh reality even
after the strict attempts of their prohibition through the law. These practices are the
major reasons behind the skewed sex ratio in the society.
 High dropout rates of female students
 There exists a gender pay gap of 27% in the country
 The overlapping of gender issues with several other issues like caste and poverty
worsens the plight of women belonging to these categories.
 India records a High Maternal Mortality Rate and a large number of women suffer
from anemia
 The discrimination and violence faced by the women also have deep-rooted effects on
their mental health which goes largely unnoticed by the government policies.
 The concept of ―emerging women power‖ seems to be eyewash in the context of these
ground realities.

8.4 The Way Forward –

"Countries and Nations which do not respect women have never become great nor will
ever be in future".
 No woman can be empowered if she is not financially independent.
 Equal opportunities in all sectors should be provided to them. Recently even the Indian
Army included females to appear for SSB interviews which were till now limited to
only male aspirants.
 Education plays an important role in the conditioning of the young minds towards the
concept of gender.
 66

 Schools become one of the initial stages where internalization of the performance of
gender roles takes place. Gender sensitized pedagogy is needed for the subversion of
these roles.
 Emphasizing the development of ethical stand towards the equality can provide the
society with responsible and sensitive individuals.
 The abuse of single women and divorced ones should be considered as a serious issue.
 Even now, women fear to leave a failed marriage due to societal pressure and how the
society may treat her as she leaves her married life behind.
 Prohibitions, reservations and punitive measures can only be the immediate and
temporary interventions to promote gender equality. Only a shift in the mindset can
facilitate the progress of the society in the longer run.
 Stricter laws and their honest enforcements have to be followed up by a change in the
attitude
 NGOs and SHGs need to be strengthened as part of the empowerment process.
 The major challenge is to help a woman who has faced violence in rehabilitating and in
developing a social environment that would preserve her sense of self-confidence and
dignity.
 The role of community institutions like Khap Panchayats which dictate the social
conduct of a community and promote inhuman practices like honor killing should be
taken into account. These institutions have a strong hold on the psychology of a
particular community.
 IMF‘s chief Christine Lagarde stated that economic inclusion of more women workers
in India would expand its GDP by 27%.
 Vocational training and skill development should be focussed upon.
 Mass campaigns need to be organized especially in the villages in favour of survival of
the female child and provision of human rights for her, including education and health.
 It is essential to dispel the ghosts of the past and place women on an equal footing with
men in order to pave the way for their empowerment, social, economic and
educational. Empowering women and thus rebuilding the society would take the nation
on a path of greater development. The idea is resonated in the words of Swami
Vivekananda,
 xviii

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