This Article is written by Sushmita rawat, a Second-year law student of Mewar institute, Rajasthan

Introduction:

Sexual harassment in the workplace is a universal problem in the world whether it be a developed nation a developing nation or an underdeveloped nation, atrocities and cruelties against women are common everywhere. Sexual harassment laws are important as they are ensuring the safety of the women in the workplace.

It is a problem for both genders but women tend to suffer the most sexual harassment therefore is serious in the workplace and it has become one of those problems that attracts an ample amount of negative attention.

What is Sexual Harassment?

Sexual harassment is any unwelcome act of a sexual nature that creates an abrasive and intimidating environment this can happen in any place like schools, offices, concerts, functions, etc.

In 1997, in the landmark judgment [1]Of Vishaka and others v. State of Rajasthan, the Supreme Court of India defined sexual harassment at the workplace, pronounced preventive, prohibitory, and redress measures, and gave directives towards a legislative mandate to the guidelines proposed.

What comes under Sexual Harassment?

● Unwanted advances: These include asking someone out forcefully many times making unnecessary comments or cracking vulgar jokes on someone.

● Verbal Harassment[2]: it includes making derogatory remarks on someone's appearance or sexual orientation.

● Sexual favour: offering professional or academic benefits by asking them for a sexual favour.

● Visual harassment: it includes the display of vulgar gestures or body movement towards the other.

● Wrongful touch: it includes inappropriate touching of someone. Like brushing against someone.

Awareness among Employees:

It is necessary to inform employees about harassment in the workplace. In the year 2015, the Government of India Ministry of Women and Child Development published a “Handbook on Sexual Harassment of Women at Workplace”, the purpose of which was to provide employers with a basic understanding of sexual harassment in the workplace. It indicates to provide a safe environment to employees at the workplace regardless of gender.

What does the Constitution say about Sexual Harassment?

Under Articles 14 and 15 the rights which are guaranteed to every woman in India are violated when a Sexual Harassment happens at the place of work moreover her right to life and to live with dignity is also violated as per Article 21 of the constitution of India.

Indian Penal Code on Sexual Harassment

Section 354A:

● Section 354A was introduced by the Criminal Law Amendment Act 2013, Its

described in IPC which is related to sexual harassment. This act defines the

punishment and penalties for the person or individual involved in such

Behaviour. Displaying pornographic content or involving in the same or demanding sexual favour or making sexual remarks.

Section 354B:

● Section 354B of the Indian penal code obligates the offense of assault or use of

Criminal force on women with intent to disrobe. It was introduced by the Criminal Law 2013, for women as they are to suffer and be the victim of harassment or

Violence. The section penalizes the act of violence against the woman or any degrading act

done to the woman the punishment for this offence is imprisonment which may go

up to 7 years or a fine.

Section 354C:

● This section [3]IPC deals with Voyeurism. This means taking pictures of women

when undressing or observing them which will violate their privacy without their

consent. The punishment for this act when done for the first time is 1 year of imprisonment

or fine or both. If the act is done subsequently the penalty for this offence will be

3 years or fine or both.

Section 354D:

● This section of IPC is related to stalking. It was introduced by the Criminal Law AmendmenA Act, 2013 keeping in mind various types of harassment which

Takes place with a woman. Stalking means unwanted following or making calls or messages which will cause the woman to feel distressed or fearful. if this act is done for the first time the

punishment will be 3 years or a fine or both if done subsequently the punishment

1 will be 5 years or fine or both.

Section 509:

● The section you're referring to is from the Indian Penal Code (IPC) that addresses offenses against the modesty of women. It emphasizes the importance of respecting women's dignity and outlines specific actions that can be considered insulting, such as making derogatory remarks, gestures, or intruding upon their privacy. The punishment for violating this provision can include imprisonment for up to one year, a fine, or both. This law aims to provide legal recourse for women and promote a safer environment.

What is a workplace? And what does harassment at the workplace look like?

The workplace refers to the place where one performs his/her duties or the culture of a professional setting. It includes other things as well.

1. The building, factory, or any other store where people carry out their work in physical mode.

2. Guidelines and policies made by an organization to manage the work environment.

3. Relationships or communication between the employee’s manager etc constitutes a workplace.

Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997

It's a case of brutal gang rape of the social worker at their place of occupation. Regarding this case, the Supreme Court has set certain guidelines to prevent sexual harassment of working women.

Preventive steps: all the employees and people working in the public or private sector should adhere to the following steps.

● Rules and regulations should be taken into consideration and offenders to these set rules have to go through penalty or charges.

● As regards private employers, steps should be taken to include the aforementioned prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

● Appropriate working conditions should be given to women, and no hostile environment should be entertained.

Criminal proceedings, Disciplinary action, and Complaint mechanism:

● The employer should take proper action if that act of harassment amounts to an offense under the INDIAN PENAL CODE.

● Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer by those rules.

● An appropriate complaint mechanism has to be there in every organization whether or not that conduct constitutes an offense.

Complaint committee:

● A complaint committee should be headed by a woman and half the members should be women.

● The committee should also include either an NGO or a third party who is familiar with the issue of sexual harassment.

● The Complaints Committee must make an annual report to the government department concerned about the complaints and actions taken by them.

Awareness and worker initiative:

● There should be proper[4] Forums and meetings are conducted from time to time so that workers are allowed to raise an issue.

● People should be aware of this matter and the employer must take appropriate action if anything like this happens in the workplace.

Conclusion:

In conclusion sexual[5] Harassment is a major issue that undermines the safety and well-being of individuals in any environment including schools, workplaces, public areas, etc. It includes Unwanted advances: including asking someone out forcefully many times making unnecessary comments, or cracking vulgar jokes about someone verbal Harassment includes making derogatory remarks about someone's appearance or sexual orientation.

Creating a respectful and safe environment is crucial for the growth of the country and the well-being of the people. A safe and positive environment at the workplace ensures that everyone can learn, work, or interact with each other. Organizations and institutions must commit to fostering a culture of respect, holding individuals accountable for their actions, and providing support for those who are affected. By prioritizing these efforts, we can work towards Eliminating sexual harassment and promoting a safer, more equitable environment for all.

References:

[1] Mahawar, S. A brief on sexual harassment of women at workplace (2023, October 17) ipleadershttps://blog.ipleaders.in/a-brief-on-sexual-harassment-of-women-at-workplace/ accessed on 03 september 2024.

[2] Ishwar Singh Rathore and Medhansh Mishra, Study on Sexual Harassment of Women at Workplace in India (2020) International Journal of Legal Science and Innovation

[ISSN2581-9453]https://ijlsi.com/20-study-on-sexual-harassment-of-women-at-workplace-in-india/ accessed on 04 September

[3] Sheethal,Protection of Women From Sexual Harassment At Workplace (2021) (n.d.). LegalServiceIndiahttps://www.legalserviceindia.com/legal/article-5-protection-of-women-from-sexual-harassment-at-workplace.html accessed on 03 September 2024

[4] Simran,Vishaka and others v/s State of Rajasthan (2020) Legal Service India https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-s-state-of-rajasthan.html accessed on 03 September 2024.

[5] Acquadro Maran D, Varetto A, Civilotti C. Sexual Harassment in the Workplace: Consequences and Perceived Self-Efficacy in Women and Men Witnesses and Non-Witnesses.https://pubmed.ncbi.nlm.nih.gov/36135130/ Behav Sci (Basel). 2022 Sep 8;12(9):326. doi: 10.3390/bs12090326. PMID: 36135130; PMCID: PMC9495880. Accessed on 04 September 2024.