Sexual harassment at workplace: A serious problem

Reference

The recent incident of rape and murder of a female doctor in a hospital in Kolkata has raised serious questions on the safety of working women. The problem of sexual harassment at workplace in India is not only against the honour and dignity of women but it also hinders their career growth. Although the country has made remarkable progress in various fields of economic and social development, the issue of sexual harassment is still clearly visible at the workplace.

What is Sexual Harassment

• Sexual harassment means sexually inappropriate behaviour against a person.
• It includes making sexual comments, inappropriate touching or demanding sexual favours in any way without someone's consent.
• This harassment at the workplace can be done by a colleague, a superior or even a customer.

Causes of the problem

• Cultural and social stereotypes: Conservative social structures prevent women from protesting strongly. Many times women are not aware of their rights and tolerate harassment.
• Abuse of power: Senior officials exploit women by abusing their power and influence.
  • Casting couch in the film industry is a clear example of this, in which aspiring actresses are asked for sexual favours.
• Lack of legal awareness: Some women are unaware of their legal rights, which prevents them from raising their voice against the atrocities committed against them.
• Prejudice: Gender bias is also a big challenge. Many times women are judged on the basis of their gender at the workplace, which is an insult to their abilities and qualifications.
  • This prejudice not only hurts the self-esteem of women but also hinders their progress in the workplace.

Cases of sexual harassment at workplace

• A joint research report 'Sexual Harassment at Workplace in India 2011-2012' by 'Oxfam India' and 'Social and Rural Research Institute' discusses sexual harassment of working women in metropolitan cities.
• According to the report, out of 400 working women in Delhi, Mumbai, Chennai, Kolkata, Ahmedabad, Lucknow, Durgapur, 66 women have faced a total of 121 incidents of sexual harassment.
• More than 400 cases of sexual harassment at workplace have been registered every year in the National Crime Records Bureau (NCRB) since 2018.
• In the year 2022, more than 419 cases or about 35 per month were registered in the country.

Adverse effects of sexual harassment

• Mental and emotional stress: Women who are victims of sexual harassment may develop mental health problems such as depression, anxiety and low self-esteem.
• Career impact: Harassment can make women lose interest in work or force them to quit their jobs.
• Social and family impact: Such experiences can make women feel socially isolated and can also affect their family life.

International Legal Framework on Sexual Harassment

• Universal Declaration of Human Rights, 1948: Talks about equality in dignity, rights and freedoms and protection against all forms of discrimination.
• ILO Discrimination {Occupation and Employment Convention, 1958 (111)}: It aims to provide protection against discrimination in employment and occupation on the basis of sex, race, colour, religion, political opinion, birth in a particular country or society.
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979: India has signed and ratified it.
• UN Beijing Women’s Conference, 1995: The Beijing Platform for Action called for the promotion of women’s rights and the elimination of all forms of violence against women, including sexual harassment.

National Legal Framework on Sexual Harassment

• Vishaka Guidelines: In the 1997 Vishaka judgment, the Supreme Court used the CEDAW framework and issued specific guidelines to prevent sexual harassment of women at the workplace.
  • The Vishaka Guidelines define sexual harassment and codify preventive measures and redressal mechanisms to be adopted by employers.
• The Protection of Women from Sexual Harassment at Workplace Act (POSH Act): This Act of 2013 aims to provide a safe environment to women at the workplace.
  • It provides for the formation of complaint committees, investigation of complaints and appropriate action.
• Sexual Harassment electronic–Box (SHe-Box): It is an online complaint management system launched by the Ministry of Women and Child Development in July 2017.
  • It aims to ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Nipun Saxena v Union of India (2018): The Supreme Court explained the importance of the penalty for disclosure of name and identity of victims of sexual offences as mandated in Section 228A of the Indian Penal Code, which is now reiterated in Sections 72 and 73 of the Indian Justice Code.
  • This provision aims to protect victims from hostile discrimination and future harassment.

Suggestions

• Empowerment and awareness: It is essential to educate women about their legal rights and safety measures.
• Creating a safe environment at the workplace: Organizations must ensure that their workplace is safe for women. Formation and implementation of POSH committees is important for this.
• Developing a culture of equality: Organizations must create a work culture where all employees are respected equally and adopt a zero-tolerance policy towards sexual harassment.
• Strict policies and legal action: In the context of workplace assault, the government must effectively implement the Vishaka Guidelines, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Hema Committee suggestions.
  • Swift and effective action must be taken in cases of sexual harassment so that the perpetrators are punished.

Conclusion

Sexual harassment at workplace is a serious issue in India, which can be solved not only by legal measures but also by changing the mindset of the society. Women becoming aware of their rights and organizations creating a safe and equality based workplace are important steps in this direction. It is important that we together create a society where women get the right to work with respect and security.