In this blogpost, Mr.Sreeraj.K.V, Student of Government Law College, Ernakulam, Kerala writes an article on the topic Sexual harassment at workplace. This article includes various problems a woman faces during the time of her employment, its remedy and an analysis of various cases of the same nature.

Introduction

Now a day we hear a lot about atrocities against women and children. Many of us may have faced such problems too. The importance of this article is that even though we have many laws protecting the modesty of women in India, it could not be enforced properly in many parts of our country mainly in metropolitans[1]. While looking into the topic, we will be aware of the fact that it took nearly a decade to implement a law in favour of women mainly who are employed. Now we have Sexual harassment of women at the workplace (prevention, prohibition and redressal) Act, 2013 for protecting women in her workplace from any kind of sexual or other atrocities against her.

The term sexual harassment includes all those unwelcome actions, gestures, and request for sexual favours or pornography to the women at her workplace by other person or any other physical or verbal / non-verbal conduct of sexual nature[2].  The definition gains its importance as it includes any kind of ‘unwelcoming’ actions from other person irrespective of his designation in that office. So such harassment may not be sexual in nature, but when the victim feels that it questions her modesty, then such actions can be included in this definition.

The Act

As mentioned before, it took a very long time to enact a law in favour of women who are working at different places of the country. Before the enactment of this Act, there was no such independent law protecting the women at her workplace. In the case of Vishakha and others v. state of Rajasthan[3], Hon’ble Supreme Court of India looked into the matter as a pure case of Human Rights violation under Article 14, 15, 19 (1)(g) and 21 of the Constitution of India. The judgment of this case also provided certain guidelines which were then derived for the enactment of Sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 which includes:

1. All those women harassed at her workplace including women as domestic workers, daily wagers, temporary or full-time workers as well as volunteers. The women may or may not be employees, and the law is applicable to women only.
2. Sexual harassment includes all those unwelcome actions, gestures, and request for sexual favours or pornography to the women at her workplace by other person or any other physical or verbal / non-verbal conduct of sexual nature.
3. The Act will be enforceable for the women at the workplace as well as outside arising out or during the course of employment.
4. The Act requires an internal complaints committee at every office and a local complaints committee at every district.
5. An aggrieved woman can file a complaint within 3 months from the date of the incident.
6. Even though money compensation is not a basis for settlement, the Act provides an option for a settlement between the aggrieved women and the respondent but only upon the request of the women.
7. The inquiry has to be completed within 90 days.
8. The complaints committee has the power to take action against the women in case of submission of malicious complaints or evidence.
9. The identity of any of the parties to the case must not be disclosed to anyone other than the court.
10. The Act also places a duty on the employer to conduct various awareness programmes to the employees, and it’s the responsibility of the employer to take proper care of the employees[4].

Section 2 of the Act defines about what is meant by a workplace and sexual harassment as well as the scenarios and impact of such behaviour.

Generally, sexual harassment at workplace includes two forms of inappropriate behaviour:

1. Quid pro quo (this for that) – explicit promise of preferential treatment in employment.
2. Hostile work environment: creating an offensive working environment which may affect her personal life and safety[5].

There is a general principle in our society i.e. prevention is better than cure. In the case of sexual atrocities also, this principle may work to an extent. The Act provides various preventive mechanisms for women after being a victim of sexual harassment at workplace. Whenever an act against women occurs, the first thing she has to do is to inform it to the co-workers and seek their help. She may file a complaint with the internal/local complaints committee for help. The complaint should contain full details regarding the incident including date, time, place, respondent’s details, etc.  Then it is up to the committee to make necessary steps for further legal procedures that must be fulfilled by the aggrieved women.

Another aspect regarding sexual atrocities against working women is that at times such acts may turn into the attempt of rape and even murder. In such situations, section 375, IPC will be applicable for the attempt of rape, and it extends the criminal liability of the respondent.  It is also advisable to the courts handling such matters that the court proceedings must be in – camera so that it does not affect the life and liberty of both parties. There are certain other provisions such as section 354 IPC which deals with provisions regarding such criminal acts which intend to outrage the modesty of women[6]

Constitutional validity

Article 14, 15, 19 and 21 of the constitution of India is regarded as one of the main provisions framed by the constitutional experts in favour of citizens of India as they are key elements of democracy. In the case of sexual harassment, as stated by the Supreme Court of India in Visakha case, even though the act is against a single person, it has to be regarded as an infringement towards the fundamental right of every citizen living in our country. In such a context, the act gains constitutional validity.

Another landmark judgment was made in Aruna Ramachandra Shanbhag v. Union of India[7]. The case mainly dealt with Euthanasia and its constitutional validity in the field of medical Law, but there is a hidden fact in this case that Aruna Shanbhag was also a victim of an attempt of rape at her workplace.

Conclusion  

Sexual harassment against women existed since time immemorial. In a written reply in Lok sabha, Maneka Gandhi, Women and child development Minister stated that around 57 cases were reported at office premises and around 469 cases outside office related to work during 2014[8].

This indicates a rapid increase in the cases of such nature. This is due to the fact that women face a negative environment in their workplaces. This can be cured only with the help of implementing various mandatory rules and regulations and code of conduct inside office premises, and also women must be treated as equal as men not only at their workplaces but also in every sector of life and this must be the first step towards women empowerment in the society.

Lack of knowledge and awareness are also few crucial factors which equally contribute to such increase. It can be however minimized through taking up such courses which give us a comprehensive idea about sexual harassment prevention laws or this course by National University of Juridical Sciences which talks about sexual harassment at workplace.

[1] Retrieved on: http://indianexpress.com/article/india/india-others/526-cases-of-sexual-harassment-at-workplace-in-2014-maneka-gandhi/

[2] Retrieved on : http://www.mondaq.com/india/x/348338/employment+litigation+tribunals/Overview+Of+The+Sexual+Harassment+Of+Women+At+Workplace

[3] Visakha and others v. state of Rajasthan AIR1997SC3011

[4] Retrieved on: http://www.indiatvnews.com/news/india/10-things-to-know-about-law-relating-to-sexual-harassment-at-wor-30985.html

[5] Retrieved on : http://www.hbcse.tifr.res.in/people/handbook-on-sexual-harassment-of-women-at-workshop

[6] Section 354 IPC – Outraging the modesty of a women

[7] Aruna ramachandra shanbhag v. union of India & ors (2011) 4 SCC 454

[8] Retrieved on: http://indianexpress.com/article/india/india-others/526-cases-of-sexual-harassment-at-workplace-in-2014-maneka-gandhi/