Legal Laws available against Sexual Harassment in the Workplace
Author:- Nidhi Kumari
Keywords:- Sexual Harassment, women, democratic, workplace, POSH, prevention, laws, India, Equality, opportunity
Introduction
Today, while working in the office my senior came close to my desk and uttered to my ears. “You are not keeping care of me if things will go like this then many people are in the queue looking for this job and you will lose.” When I went to Zamindaar Saab to take my daily wages. He held my hand tightly while paying me, I laid off my hands immediately starring to me he said. “You get Rs.60 daily not of empty socket be aware he can do anything.” Today while mobbing, the owner of the house came near to me and looked at me with bad intentions. I moved to the other room and followed me he came very close to me I got very scared. I finished my work hurriedly and moved to the other house.
Sadly, all women irrespective of their field or profession of work face sexual harassment in the workplace. Today, the world is changing but unfortunately, sexual assault is still happening every single day. Also, it is a common problem affecting all women in this world. Overlooking sexual assault is not okay- knowing everything and not doing anything will not change anything. All animals should be treated with respect so we women are humans; we deserve to be treated with respect
Furthermore, India is a democratic country and all the citizens have the fundamental right to live with dignity under Article 21 of the Indian Constitution. Our lives begin to end the day we become silent about things that matter- Martin Luther King, JR.
Workplace Sexual Harassment Statistics –Raises concern
Nearly 3 in 4 sexual harassment i.e., 75% of claims go unreported. More than eight out of 10 who reported sexual harassment at the workplace suffer some form of retaliation. This is as per the report of Gapjil 119, which campaigns against workplace abuses. Furthermore, the study showed that 79 percent of victims also face bully on reporting at the workplace. Among these verbal sexual harassment is the most common type of offense, experienced by 76.1 percent of victims followed by physical sexual harassment and visual harassment at 43.4 percent and 6.3 percent respectively.
A report released by U.S. Equal Employment Opportunity Commission (EEOC) shows that 55.8% of the complaints received are related to Retaliation. After reporting the incident of sexual harassment and this discourages victims from reporting and fosters a toxic work culture. It comes in many forms, including a demotion, exclusion from staff activities, or unfavorable reassignment and this raises concern
Workplace harassment is still an issue prevailing in a work environment. To don’t become part of the statistics you need to know the legal remedies available to raise your voice for your respect, and dignity and to safeguard your rights.
What conducted at the workplace is Sexual Harassment and what is not?
Before taking any action to complain about sexual harassment it’s important to determine and identify. Whether the actions or the conduct met the criteria to qualify as sexual harassment. Harassment can happen between people of the same gender, co-workers, an employee and a client or customer, or an employee and their supervisor, among others. Sexual or gender-based harassment is a form of discrimination involving any unwanted physical/verbal behavior that offends or humiliates you.
Sexual harassment means unwelcome sexual behavior this behavior may be in any form. Including written, verbal, or physical, and also it can happen either in person or online (through the internet). The Harassment includes if someone: comments, insults you with sexual words, Serious or repeated offensive remarks, displays sexiest or abusive nudes or unsolicited pictures, postures, sends you pornography, MMS, SMS, Whatsapp or e-mails, threats, blackmails around sexual favors, unwelcome sexual invitations as flirting, physical contact such as touching inappropriately or pinching, gropes you! Asks for it or makes sexual gestures etc. all these are Sexual harassment conduct you can report or complain about.
Can you do something?
Never ignore and don’t be ashamed of your story, it will inspire others.
Well said by Alex Elle that “you are not a victim for sharing your story. You are a survivor setting the world on fire with your truth. And you never know who needs your light, your warmth, and raging courage.” Ask yourself how many times did this incident occur? How long has the harassment been going on? Have others been also sexually harassed? Who are the witnesses to the harassment?
Firstly, you should speak up right then when you felt the harassment. But sometimes you may feel concerned for your job before speaking especially when the person is senior to you. Despite all these, you must give a Warning to the person as this will leave the individual with no doubt that their actions or comments are offensive to you and are unwelcome.
Secondly, write a formal complaint letter with all the details of who said what, when, consequences, whether the behavior is ongoing, etc. Report it to the person with decision-making authority or Internal Complaint Committee (ICC). Follow the complaint procedures if your workplace has them and try to make it in writing with a trusted witness present. When you make a complaint also note the date on which the employer is receiving your complaint. Along with proof and a copy of your complaint.
Thirdly, if the company acted promptly it’s good but if you experience inaction or retaliation from the perpetrator. Then you should file a complaint to Equal Employment Opportunity Commission (EEOC) or the local EEOC field office. To learn about your rights, resources, and/or to file a charge.
Also, you can submit a charge of sexual harassment in person or online within 180 days of the occurrence. Some states may have these extended to 300 days and all the status of your proceedings can be checked on the EEOC Public Portal.
Law on Sexual harassment- POSH Act 2013
As per law in India, sexual harassment violates the women’s fundamental right to life with dignity and right to life under articles 21 and 14&15 respectively. There were no specific laws for curbing sexual harassment in the workplace in India except for certain provisions in certain legislation in IPC like section 294 dealing with obscene acts and songs in a public place, Sec. 354 with assault, sec. 510 dealing with making gestures or uttering words that outrage a women’s modesty.
Sexual Harassment of women at the workplace (Prevention, Prohibition, and Redressal) Act, 2013 was passed to protect against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and matters connected therewith. Vishaka &other Vs. State of Rajasthan & others (AIR 1997 SC 3011) was the case in which the Supreme Court laid down guidelines that sexual harassment of any individual is not a private injury but also a violation of her fundamental rights. These guidelines are important because for the first time a separate category of legally prohibited behavior. The victim of this case was Bhanwari Devi who asked for the guidelines for women’s safety from the government through PIL via the Vishakha platform. After many attempts and amendments in protections against sexual harassment bills, POSH Act superseded Vishakha Guidelines in 2013.
Failure in implementing the laws
Despite, Sexual Harassment of women at the workplace (Prevention, Prohibition, and Redressal) Act, 2013 has laid all the details regarding definitions of aggrieved woman, and sexual harassment, even widened the definition of the workplace and constituted Internal Complaint Committee (ICC) for the organized sector and local committee for the women working in unorganized sector and extending of the period of the complaint. Still, women are facing sexual harassment in their workplace and this could be well found in the #metoo movement. Due to the failure of the act due to poor implementation, there is a rise in harassment cases and people go to these platforms for justice.
As per the act, there should be a Complaint committee at every workplace. But Private Companies hardly constitute it while Public organizations just do it on paper. While the organizations which have the committee face problems like a lack of members or irresponsible members rarely concerned with justice for the victim. There is no procedural training given to the members of the complaint committee. The provisions of Sections 354 and 509 of IPC are generally applied in sexual harassment cases. Like in Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1996 AIR 309, 1995 SCC (6) 194) yet these provisions have limited effectiveness. Also, the act even lacks any of the action taken against the complainant if the allegation is not true.
Preventive Measures to reduce sexual harassment
There is a need to provide a positive environment to every woman working in every profession either in organized or unorganized sectors. For any law to be implemented successfully. Firstly, there is a need to bring change in the attitude of people regarding the implementation of any law in society for women. Like, we need to turn the question around to look at the harasser, not the target. We need to be sure that we can go out and look anyone who is a victim of harassment in the eye and say:-
“You do not have to remain silent anymore”
There are some of the recommended steps that could be taken for the prevention of sexual harassment in the workplace.
- Members of the Complaint Committee should be trained in their work to facilitate the victim and provide relief sooner.
- Complaint Committee should make it approachable for women’s employers. Such complaint should be taken seriously and in accordance, actions should be taken within a reasonable period.
- Women workers should be encouraged to bring sexual harassment to notice without any fear. The complaint committee must make sure to keep every complaint confidential.
- There should be any provision regarding any monetary or reputation harm to the employer or the members who don’t take any actions.
- The committee should take decisions without any biases irrespective of the position of the accused strict actions should be taken.
- For the implementation of the policies and procedures made against sexual harassment. Every employee should understand his/her legal duty to provide every women employee with a sense of security in the workplace.
Conclusion
In India, sexual harassment in the workplace is highly prevalent. There is a need to provide a positive environment for women workers to increase their involvement and participation in employment. Women workers are also part of the working population of India so government should make separate laws. To deal with this issue to give women financial independence with security. Effective implementation of the policies can reduce the mutilation and manifestation of sexual harassment to a minimum. Though people have started talking about these still it has not reached a point where it has a solution. At last, women should raise their voices against the injustice to them else if they think it is slightly okay. Then everyone is still in danger of this happening to them.
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