Sexual harassment at workplace: Prevention, Prohibition, and Redressal

Sexual Harassment at workplace: In today’s modern world, women are coming to the forefront in all fields such as health, IT, sports, defense, etc. The female labor force participation rate has surged to 37 % in 2023. To achieve the goal of 8% GDP by 2030, there is a need to increase women’s participation in the workforce. ⁽³⁾ We cannot realize our potential as a society and nation without the involvement of women. Women’s empowerment is necessary for community development.

But there is a serious issue that becomes a hurdle for women entering the workplace: sexual harassment. Kolkata RG Kar hospital case, Hema report about the sexual harassment faced by women in the Malayalam industry are some of the cases that outraged millions of people in the country. 400 cases of sexual harassment at workplace have been reported every year from 2018 to 2022, according to the NCRB report. ⁽⁴⁾

What is sexual harassment?

The Supreme Court of India, under the Vishaka guidelines, described that sexual harassment includes:

Physical contact.
Demand or request for sexual favors.
Sexually colored remarks.
Showing pornography.

Examples of sexual harassment are any unwanted physical contact, inappropriate touching, trying to rub against the body, or staring. It is often seen in the form of individuals in power asking for sexual favors in exchange for promotion or threatening expulsion from a job. It also includes any verbal act affecting the dignity of women, such as sexual taunts, comments, showing any obscene picture, video, or magazine that may offend someone. ⁽¹⁾

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What is a workplace?

Women are subjected to sexual harassment at workplace, whether she is a domestic worker, laborer, officer, actress, doctor, etc. The workplace is a place for an individual to earn a livelihood. It includes any government, public sector, private sector, non-governmental organization, society, residential house, sports academy, or transport service provided by the company. With the emergence of work from home, workplace definition includes digital space also. Sexual harassment includes any inappropriate text through internet or call. ⁽⁵⁾

Human rights violation

Sexual harassment of women in workplace is a very serious problem. It affects the fundamental rights of Article 14 and Article 15 of women. It is the right of every person to work. Harassment violates Article 19 of Against Women to work. It is an obstacle that affects women’s emotional and physical health adversely, forcing them to leave the organization.

Laws for sexual harassment

POSH Act, or the sexual harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013, is a law in India that protects women from sexual harassment in the workplace.

There was a woman named Bhanwari Devi who was a Dalit social worker. She was gangraped as she was raising her voice against child marriage. When this case was filed in the Supreme Court, there was no specific law for addressing this issue.

This led SC to give Vishaka guidelines in 1997. Later in 2013 POSH Act was formulated on the same lines. ⁽¹⁾

How to file complaint for sexual harassment at workplace?

There is a provision under the POSH Act that makes it a legal obligation for every organization to form an internal complaint committee. Any woman who has become a victim of harassment can file a written complaint with the ICC within three to six months.

If a woman is working in an unorganized sector, that is an organization having less than 10 employees, and wants to file a complaint, every district has to form a local complaint committee for such cases.

Resolving

After filing the complaint, there are two options available:

The victim and the accused can settle the case through a conciliation. The accused can write a written apology, and no action will be taken once the conciliation is done.

If a victim does not want a settlement, then the committee can do an investigation against the accused, and on the basis of evidence, disciplinary action can be taken under relevant policy, such as termination of service, salary reduction, cancellation of promotion, or written apology.⁽¹⁾

Problems:

There is underreporting of the cases as women are not aware of the rights available to them.
There is also fear of job loss due to power dynamics or patriarchy.
Most of the time, ICCs are not formed there is no proper implementation of the laws. For example, only 16 out of 30 national sports federations have ICC.⁽⁴⁾

What is the duty of an employer?

It is the duty of employers to make sure that a safe environment is provided to women at the workplace. It can be done:

Through organizing workshops in which the information regarding laws about sexual harassment is given to employees.
To make sure that the ICC is formed, and it is feasible for women to report such cases.
Telling women about the rights available to them and helping them to file complaints against such crimes
At the end of the year, an annual audit has to be filed regarding the cases of sexual harassment.
For the unorganized sectors, all duties should be performed by panchayats, urban local bodies, NGOs, and municipalities.

A note from kamarth

Women face discrimination and inequality in society due to patriarchy and power dynamics.

One form of discrimination is the sexual harassment faced by women at workplace. It violates the fundamental rights of women. There are laws to address this issue. What is needed is the proper implementation of the laws, breaking the stereotypes regarding women, and educating the people.

It should be everyone’s duty to provide a safe environment for women, not only at the workplace but in family, friends groups, and society too.

Some Additional Doubts

Question: What is sexual harassment?
Answer: It can be any inappropriate conduct, including sexual contact, request, or demand of sexual favors, showing pornography, or making sexually colored remarks.

Question: Who can file a complaint?
Answer: The victim or any relative, family member, coworker, guardian, psychologist, friend of hers with written consent in case of her mental or physical disability can file a complaint of sexual harassment.

Question: What to do when you face sexual harassment at workplace?
Answer: You can file your complaint to the ICC in your organization, LCC in case of the unorganized sector, or at the police station.

Question: What if you do not want your name revealed in the case?
Answer: POSH Act prohibits disclosure of the identity and address of the complainant or information regarding the inquiry to any employee in an organization. Read More:
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