21 Prevention of Sexual Harassment

Sayani Das

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1.1.2 INTRODUCTION: Sexual Harassment Causes & Effects

 

Women face challenges in their life every day from private place to public place, from home to workplace, from bedroom to boardroom… Women’s movement outside home is increasing in modern era, at the same time women are being harassed in schools, colleges, marketplaces, workplaces, transports, banks, hospitals – where not, due to patriarchal domination, creating fear and insecurity among women in India society. Sexual harassment hinders wellbeing, growth and empowerment of women. Even though the legislations have been established for preventing, prohibiting and redressing the sexual harassment of women, yet women are being harassed everywhere. According to the National Crimes Record Bureau (2012), 25000 rape cases were reported across India, out of which 24,470 rape cases were committed by a relative or a neighbour. Approximately 1 of every 2 women are harassed at some point at their working lives by their superiors, fellow employees, or third parties who interfere with integration of women in the workplace; reinforcing the patriarchal subordination of women to men and violates women’s dignity (Venumadhava and Tejashwini, 2015). Women in India experience objectionable workplace conditions, often resulting from the traditional power differential between men and women. Sexual harassment in India is thus a serious issue which has always been ‘not reported’ due to social stigmas for the victims. As most of the cases go unreported due to social ridicule and shame attached to women victims, as a result the sexual harassment of women is out of control in India. Women throughout India need assistance to protect against and prevent sexual harassment. Therefore, Indian girls and women should have awareness of sexual harassment taking place around them. This e-content module aims to make them realize their potential capabilities to handle sexual harassment in their lifetime.

 

1.1.3 LEARNING OUTCOME / OBJECTIVE:

 

1.Critical assessment of sexual harassment of women in private and public places

2.Understand the changing roles of workplaces in prevention of sexual harassment

3Identify community-based actions to stop sexual harassment in Indian society

 

1.1.4 TOPIC 1: Definition of Sexual Harassment

 

Sexual Harassment has been globally recognized as the most violating form of gender-based violence. The history of the struggle against sexual harassment traced since the early eighties illustrates that sexual harassment at the workplace remained one of the central concerns of the women’s movement in India. Sexual harassment is connected with disadvantaged status of women at work and their lower position in society. Mostly it is used as a weapon to punish women who was deviated from traditional gender role at home, in community, in society, in institutional set-up (Anagha Sarpotdar, 2014).

 

The international definition of sexual harassment is as “unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment, when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment” (Fred .C. Lunenburg, 2010).

 

In India, sexual harassment is defined as “eve teasing and described as unwelcome sexual gesture or behaviour – whether directly or indirectly as sexually colored remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct of being sexual in nature and/or passing sexually offensive and unacceptable remarks. The act of harassment can occur in the workplace and also if a woman is harassed while visiting a place arising out of or during the course of employment including transportation provided by the office, a complaint can be filed under The Sexual Harassment of Women at Workplace Act, 2013. Therefore, every employer has a duty to provide a safe working environment to all employees by regular workshops on awareness programs as well as, to display the consequences of harassment in the workplace. (Venumadhava and Tejashwini, 2015).

 

The United Nations and Equal Employment Opportunity Commission have defined sexual harassment as differently as:

 

1.Unwelcome Sexual Advances. Like, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

 

2.Unwelcome Behavior. Unwelcome does not mean “involuntary”. A victim may consent or agree to certain conduct and actively participate in it even though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. Whether the person in fact welcomed a request for a date, sex-oriented comment, or joke depends on all the circumstances.

 

3. Sexual harassment includes many things… Actual or attempted rape or sexual assault Unwanted pressure for sexual favors Unwanted deliberate touching, leaning over, cornering, or pinching Unwanted sexual looks or gestures Unwanted letters, telephone calls, or materials of a sexual nature Unwanted pressure for dates Unwanted sexual teasing, jokes, remarks, or questions Referring to an adult as a girl, hunk, doll, babe, or honey Whistling at someone Cat calls Sexual comments Turning work discussions to sexual topics Sexual innuendos or stories Asking about sexual fantasies, preferences, or history Personal questions about social or sexual life Sexual comments about a person’s clothing, anatomy, or looks Kissing sounds, howling, and smacking lips Telling lies or spreading rumors about a person’s personal sex life Neck massage Touching an employee’s clothing, hair, or body Giving personal gifts Hanging around a person Hugging, kissing, patting, or stroking Touching or rubbing oneself sexually around another person Standing close or brushing up against a person Looking a person up and down (elevator eyes) Staring at someone Sexually suggestive signals Facial expressions, winking, throwing kisses, or licking lips Making sexual gestures with hands or through body movements

 

4. VERBAL

 

Referring to an adult as a girl, hunk, doll, babe, or honey Whistling at someone, cat calls Making sexual comments about a person’s body Making sexual comments or innuendos Turning work discussions to sexual topics Telling sexual jokes or stories Asking about sexual fantasies, preferences, or history Asking personal questions about social or sexual life Making kissing sounds, howling, and smacking lips Making sexual comments about a person’s clothing, anatomy, or looks Repeatedly asking out a person who is not interested Telling lies or spreading rumors about a person’s personal sex life

 

5.NON-VERBAL

 

Looking a person up and down (Elevator eyes) Staring at someone Blocking a person’s path Following the person Giving personal giftDisplaying sexually suggestive visuals Making sexual gestures with hands or through body movements Making facial expressions such as winking, throwing kisses, or licking lips

 

6. PHYSICAL

 

Giving a massage around the neck or shoulders Touching the person’s clothing, hair, or body Hugging, kissing, patting, or stroking Touching or rubbing oneself sexually around another person Standing close or brushing up against another person Impacts of Sexual Harassment are critical to women employees and it can devastate the psychological health, physical well-being, vocational development of the victims. These impacts are: 1) Psychological Reactions – depression, anxiety, shock, denial, anger, frustration, fear, irritability, feeling of being powerless, confusion, shame, low self esteem, isolation, self-blame, guilty feeling; 2) Physiological Reactions – sexual problems, panic reactions, phobias, sleep disturbances, nightmares, weight fluctuations, dermatological reactions, lethargy, headaches, gastrointestinal distress; and 3) Career Related Effects – withdrawal from work or academic institutions, change in career goals, absenteeism, drop in academic or work performance due to stress, loss of job or promotion, unfavourable performance evaluations, decreased job satisfaction. Therefore, a healthy social environment where women do not feel any inhibition or fear of sexual harassment at the workplace would enable them to work to their full potential, contributing substantially to society. Such attitudinal changes are urgently indicated, since more and more women are entering the workplace in a rapidly changing global scenario. (Amitav Banerjee, Bhavana Sharma, 2011).

 

1.1.5 TOPIC 2: Sexual Harassment Act 

 

Sexual harassment has been recognized internationally as the most threatening and most intimidating form of violence against women. In India, movement against sexual harassment started shaping up during the 1990s, when a Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of her duties as a social worker of the Women Development Programme was gang raped by the feudal landlords of the Bhateri community. Despite a long legal battle that ensued, Bhanwari Devi did not get justice and led to women’s rights group – Vishaka – filing public interest litigation (PIL) in the Supreme Court. It was when Vishaka vs. State of Rajasthan (1997) became the pioneering case in India where the apex court recognised sexual harassment at the work place as a human right violate. The Supreme Court judgement of the case laid down Vishaka Guidelines against Sexual Harassment in the Workplace in order to effectively enforce basic human right – ‘gender equality’ through prevention, protection and punishment against sexual harassment. It directed the State, public sector and other institutions to set-up a complaint mechanism (Anju Thomas, 2015). Pre-1997 the person facing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code, 1860 that deals with the ‘criminal assault of women to outrage women’s modesty’, and Section 509 that punishes an individual or individuals for using a ‘word’, ‘gesture’ or ‘act’ intended to insult the modesty of a woman.

 

The movement against sexual harassment reached its peak and pressure from every corner on Indian society at the wake of Nirbhaya Case – 2012 Delhi gang rape of a 23 year old paramedical student on a moving bus and brutally killing her. In 2013 India witnessed the introduction of significant judicial legislations and regulations pertaining to sexual harassment. It provided for the amendment of the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973, on laws related to sexual offences at public places. The Section 2(a) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – stipulates that no woman shall be subjected to sexual harassment at any workplace. This brings educational institutions, public, private and autonomous, under the purview of the Act. In fact the scope of the Sexual Harassment Act is very wide and is applicable to organised and unorganised, private and public sector, including government bodies, organisations carrying on commercial, vocational, educational, entertainment, industrial, financial activities, hospitals, nursing homes, educational institutions, sports institutions, stadiums used for training individuals and dwelling places and homes. As per the Act, an ‘aggrieved woman’ in relation to a workplace is a woman of any age, whether employed or not, who alleges to have been subjected to any act of harassment (Anju Thomas, 2015).

 

1.1.6 TOPIC 3: Complaints, Redressal & Punishments

  1. The Sexual Harassment Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
  2. The Act also covers concepts of ‘quid pro quo harassment’ and ‘hostile work environment’ as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
  3. The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organized or unorganized sectors, public or private, and covers clients, customers and domestic workers as well
  4. While the “workplace” in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship. The Sexual Harassment for Women at Workplace Act goes much further to include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit, local authority, Government company, corporation, co-operative society; private sector organization, private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service; hospitals, nursing homes, educational institutions, sports institute, stadium, sports complex, competition or games venue, whether residential or not used for training sports or other activities; any place visited by the employee during the course of employment including the transportation; a dwelling place or a house; unorganized sector or enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers is less than ten. Even non-traditional workplaces which involve Information and Communication Technology get covered under this Act.
  5. The Complaints Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report is to be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
  6. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
  7. The Complaints Committees have the powers of civil courts for gathering evidence.
  8. The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
  9. The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs 5000 on the person who has breached confidentiality.
  10. The Act requires employers to conduct education and sensitization programmes and develop policies against sexual harassment, among other obligations.
  11. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs. 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.
  12. Government can order an officer to inspect workplace and records related to sexual harassment in any organization or institution.

 

1.1.6 TOPIC 4: Sexual Harassment Policy

 

Sexual Harassment Policy should be applicable to all – the management, employees, vendors, clients, customers, and anyone else in direct or indirect relation with the organization or institution. The Policy for any organization or institution has to be framed keeping the following objectives in view:-

  1. To fulfill the directives of the Honourable Supreme Court enjoining all employers to develop and implement a policy against sexual harassment at the work places.
  2. Create a working environment which is free from sexual harassment and where all the students and members of staff are treated with dignity, courtesy and respect
  3. To evolve a stable mechanism for the prevention and redressal of sexual harassment cases and other acts of gender based violence at the college.
  4. Implement training and awareness raising strategies to ensure that all the students and employees know their rights and responsibilities.
  5. To ensure the implementation of the policy in letter and force through proper reporting of complaints and their follow-up procedures.
  6. Promote appropriate standards of conduct at all times.
  7. Treat all complaints in a sensitive, fair, timely and confidential manner.
  8. Provide an effective procedure for complaints based on the principles of procedural fairness.
  9. Encourage the reporting of behaviour which violates the sexual harassment policy.
  10. General warning to all employees about the sexual harassment policy.
  11.  Consequences they can expect if the policy is breached.
  12. Disciplinary actions will be taken if they object the policy.

 

1.1.7 CONCLUSION

 

Indian society is in a stage of rapid social transition. Women are entering the workforce even in occupations which were previously regarded as exclusively men’s domain. The perceptions and views of men at workplace sexual harassment and gender-based discrimination or violence differ significantly from those of women across a large number of issues. Sexual harassment could happen to anyone but women are the targeted victims. At an organizational level this may result in decrease work effectiveness, decreased work productivity, high absenteeism, high turnover, and low staff morale. Hence there is a need that, organizations and government should look seriously into this matter to eradicate sexual harassment from public and private places. Proper education and training programs should be developed to deal with these issues. The goal must be both to provide complete awareness of what constitutes ‘sexual harassment’ and deal with sexual harassment incidents effectively to prevent its occurrence in future.

 

1.1.8 SUMMARY:

 

“Sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:

  1. physical contact and advances; or
  2. a demand or request for sexual favors; or
  3. making sexually colored remarks; or
  4. showing pornography; or
  5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature; and
  6. complaint and redressal should be made through Internal or Local Complaints Committee.
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References:

 

  1. Vishaka Guidelines
  2. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
  3. National Crimes Record Bureau, ncrb.gov.in
  4. What is Sexual Harassment, www.un.org/womenwatch/osagi/pdf/whatissh.pdf
  5. Amitav Banerjee and Bhavana Sharma, 2011, Gender differences in perception of workplace harassment among future professionals, Industrial Psychiatry Journal.
  6. Anagha Sarpotdar, 2014, Sexual Harassment of Women at Workplace in India: Journey from a Workplace Problem to a Human Rights Issue, Journal of Business Management & Social Sciences Research.
  7. Anju Thomas, 2015, Incidents of Sexual Harassment at Educational Institutes in India: Preventive Measures and Grievance Handling, International Journal of Recent Advances in Multidisciplinary Research.
  8. Fred .C. Lunenburg, 2010, Sexual Harassment: an abuse of power, International Journal of Management, Businessand Administration.
  9. Venumadhava and Tejashwini, 2015, Sexual Harassment of Women at Workplace, International Journal of Advanced Research.