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SEXUAL
HARASSMENTOF
WOMEN AT WORK
PLACE
( PREVENTION,
PROHIBITION AND
REDRESSAL )ACT, 2013
22nd April 2013
TWO IMPORTANT
JUDGEMENTS
VISHAKHA VS STATE OF RAJASTHAN ,
1997
APPAREL EXPORT PROMOTION
COUNCIL VS A K CHOPRA 1999
Gender Discrimination
Gender discrimination is a subset of sex
discrimination. It is often non-sexual but is nonetheless
directed at a person because of that person's sex.
Examples of discriminatory comments and behaviors
include employers:
Asking whether an employment candidate is married or
plans on having children;
Making reference to an employee PMSing;
Claiming that a woman should be more feminine and
wear makeup;
Calling an effeminate male a fairy, or prissy or
stating that he should act more like a man;
Refusing to hire a man in a womans job and vice
versa;
Retaliating against an employee for assisting in or
cooperating with an investigation or lawsuit based upon
SEXUAL HARASSMENT
Men and women are like two wheels of the
Chariot
of
Life.
The
term
sexual
harassment means a type of employment
discrimination consisting in verbal or
physical abuse of a sexual nature.
In Vishaka v. State of Rajasthan, sexual
harassment was defined as any unwelcome
sexually determined behavior (whether
directly or by implication) as physical
contact and advances, a demand or request
for sexual favors, sexually-colored remarks,
showing
pornography
or
any
other
unwelcome physical, verbal or non-verbal
SEXUAL HARASSMENT
It has historically been a well kept secret practiced
by men, suffered by women, condoned by
management, and spoken by no one. It is a
manifestation of power relations women are
much more likely to be victims of sexual
harassment precisely because they lack power, are
in a more vulnerable and insecure position, lack
self-confidence, or have been socially conditioned
to suffer in silence. The cases of sexual
harassment of women at the workplace are
increasing alarmingly because of several factors,
poor status of women; increasing number of
working women; poor knowledge of human
relations and values; poor law and order position in
the society and no adequate provisions of law to
SEXUAL HARASSMENT
The prevailing forms of harassment at workplace
include the sexual desire dominance paradigm
which conceptualizes the hostile work environment
harassment. It was very important for the courts to
recognize that gender discrimination can take the
form of sexual overtures. The quintessential case
of harassment involves a more powerful, typically
older, male supervisor, who uses his position to
demand sexual favors from a less powerful, female
subordinate. Within this paradigm, heterosexual
desire and male dominance are inextricably linked.
Men use their dominant positions at work to
extract sex from women, and this extraction of sex
from women ensures their dominance. This sexual
desire dominance paradigm governs our
SEXUAL HARASSMENT
The concept of gender equality embodied
in our Constitution would be an exercise in
ineffectiveness if a womans right to privacy
is not regarded as her right to protection of
life and liberty guaranteed by Article 21 of
the Constitution of India.[vi] In view of the
fact that sexual harassment of women at
the workplace violates their sense of dignity
and the right to earn a living with dignity, it
is absolutely against their fundamental
rights and their basic human rights.
SEXUAL HARASSMENT
The leading case pertaining to sexual harassment
at workplace in India is Vishaka v. State of
Rajasthan.In this case a social activist, Bhanwari
Devi was alleged to be brutally gang raped in the
village of Rajasthan. The incident reveals the
hazards to which a working woman may be
exposed and the depravity to which sexual
harassment can degenerate; and the urgency for
safeguards by an alternative mechanism in the
absence of legislative measures. In the absence of
legislative measures, the need is to find an
effective alternative mechanism to fulfill this felt
and urgent social need. In this case, the Supreme
Court
has
categorically
held
that
sexual
harassment results in violation of fundamental
GENERAL POINTS
Gender equality includes protection from sexual
harassment and right to work with dignity as per
our constitution.
Extra hazard for a working woman compared her
male colleague is clear violation of the
fundamental rights of Gender Equality & Right to
Life and Liberty.
Safe working environment is fundamental right of
working woman.
In no way working women may be discriminated
at workplace against male employees. (If a woman
is, then it must be documented in company
policies, for example limitation of women in police
and armed forces)
GENERAL POINTS
Working with full dignity is the
fundamental right of working women.
The right to work as an inalienable
right of all working women
The right to protection of health and
to safety in working conditions,
including the safeguarding of the
function of reproduction(pregnancy,
maternity & nursing etc) is
fundamental right of working women
SEXUAL HARASSMENT
In 1998, a code of conduct was developed by the
National Commission for Women (NCW), which
expanded the scope and definition of sexual
harassment given under the guidelines. In 2001,
the NCW designed a draft bill in consultation with
womens rights activists and other experts. This
bill, in turn, was amended by the Ministry of
Human
Resource
Development
and
the
Department of Women and Child Development,
and later again in 2004. Although attempts have
been made to enhance the bills scope to create
effective Indian laws for women against sexual
harassment, organizations like the All India
Democratic Womens Alliance believe that it should
EMPLOYERS DUTY
It is an obligatory requirement for employers:
Appropriate notification/advertisement to be
issued for prohibition of sexual harassment at
workplace for the employees of the company.
State government, central government and
PSU bodies to include in their conduct and
discipline rules/regulations prohibiting sexual
harassment plus mention of penalties for those
found guilty of sexual harassment.
For private employers, prohibition of sexual
harassment and penalties to be included in the
standing
orders
under
the
Industrial
Employment (Standing Orders) Act, 1946.
EMPLOYERS DUTY
Employers
need
to
provide
conducive
&
appropriate work conditions for women staff in the
view of : work, health, hygiene & leisure. In short
there mustnt be any conditions creating hostile
environment towards working women staff and any
conditions which could put women at an
disadvantage position with regards to her career
compared to other male employees of the company.
The employer will need to have a written complaint
mechanism which will need to include time frame of
resolution of sexual harassment claims.
Employer should help the victim psychologically
with counseling
Employer should maintain confidentiality of the
complaint and the identity of the woman who raised
EMPLOYERS DUTY
Employers are bound to inform the details of sexual
harassment complaints to appropriate government
bodies/ labour department etc, every year. In short
itll be illegal to hide any sexual harassment
complaints raised in the company or with the
employer and not report to government authorities.
Employer should allow and encourage the
employees to raise sexual harassment issues in
workers meetings and at appropriate forums. And
all those complaints need to be affirmatively
discussed. In other words the employer must
provide easy way to discuss sexual harassment
issues and should not show any lack of interest.
EMPLOYERS DUTY
Employer should take steps to make working
women aware of their rights to equality in
everything in workplace by prominently notifying
the guidelines by appropriate means ( like sending
emails, sending letters, displaying rules on notice
boards)
If the sexual harassment is due to third party that
is not anything related to the employer but by
another person from different organization which
you interacted with him as part of discharging your
official duties whether in office space or outside,
then the employer will need to take all necessary
steps to assist and help the victim in the terms of
support & preventive action
SETTINGS UP OF COMPLAINT
COMMITTEE BY THE EMPLOYERS
complaint
Agrieved woman can lodge complain within a
period of 3 months from the date of incidence
Internal committee may extend the time limit of
compaint up to another 3 months but the reasons
has to be recorded in writings /the circumstances
which prevented her from filing a complaint
within 3 months
Where the complainant is not able to lodge
complaint due to physical or mental incapacity or
death then her legal heir or any such person will
lodge the complain
conciliation
Before initiating an inquiry and at the
request of the agrieved woman take steps
to settle the matter between her and the
respondant through conciliation.
No monetary settlement shall be made as
the basis of conciliation.
Copy of the settlement to be provided to
the agrieved woman and the respondant.
Concoliation report has to be sent to the
employer.
Power of complaint
committee
Same power as vested in a civil court
under the code of civil procedure.
Summoning and enforcing the
attendance of any person and
examining him on oath
Requiring the discovery and
production of documents
Time period
Tme period for completion of inquiry
and submission of report to employer
3 months
Action on report
The report has same status as under
Rule 14 of ccs(cca) rules
Financial award
Service penalty
If money can not be recovered from
salary the matter to be referred to
Collector for recovery as done in case
of land revenue recovery by dist
collector
SEXUAL HARASSMENT
Narrate you horror story at sexual
harassment forum
Visiting such forum will, one help you to
interact other volunteers or participants in
situations similar to you. Secondly if you
describe you horror story itll further
serve as a written proof of your harassment
and may help you later. Also itll also give
other women activists and volunteers to
offer you free services. There are even
lawyers who may be willing to counsel you
free of cost due to personal reasons.
SEXUAL HARASSMENT
Avoid using office internet
facilities
If you are searching internet for information about
sexual harassment etc, beware the company can easily
snoop on you. So dont use company internet and
phone for talk about personal issues. Company can also
use it against you. If still you want to access internet
then
use
use
secured
Google
search
:
https://encrypted.google.com : this will make
impossible for anyone to snoop on you( except for
catching what you type in keyboard). Any site address
beginning with https may not be snooped by anyone.
There is also good site: https://www.pagewash.com
through which you can access any website and your
company will not be able to snoop on you or detect the
SEXUAL HARASSMENT
Always use Gmail in office
Gmail is most secured email service today.
There is no chance of snooping of email
data while you use Gmail. Make notes
within Gmail only( there is a notepad). You
can even store documents. Don't forget to
enter your mobile number and alternate
email ids since in case your account is ever
hacked Gmail will ask confirmation from the
hacker which he/she will not be able to
answer if you've already filled in your
secured questions/information in your
Role of Media
There is a need to sensitise the media
regarding the repeated relay of
incidents relating violence against
women. This has negative
repurcussion on society, especially on
children.
The NCW(national commission for
women) directs the media no to
intrude on the privacy of the victim.
THE END
THANK U