SEXUAL HARASSMENT OF WOMEN IN THE WORKPLACE

Abstract

To perform to the best of their abilities, employees in every workplace need a safe atmosphere, or at the very least, they need to feel comfortable that women shall be subjected to sexual harassment at work, and international agreements and protocols have universally recognized as human rights the right to work with dignity and the protection against sexual harassment. Unwelcome sexually determined behaviour such as physical contact and advances, sexually suggestive statements, displaying pornography and making sexual demands, as well as promises against sexual harassment and abuse, are all considered forms of sexual harassment. Any woman who reports sexual harassment at work should be given the utmost consideration and be deemed sufficiently severe. Where can a woman find employment if the workplace for women in this generation continues to be hostile and demanding? Sexual harassment of any woman at her workplace when she alleges should consider sufficiently sever and to be given most priority to it. If the working environment of woman remains hostile, insensitive in this generation then where a woman can find herself safe. Inhuman behaviour of people towards woman in her workplace let thousand of woman improvement towards themselves to zero and they have to start from very first. Every woman in this society have right to have a safe environment free from sexual harassment.

KEYWORDS: Women, Sexual harassment. Workplace, Physical contact

INTRODUCTION:

Workplace discrimination is now prohibited by law, and there are stronger regulations against it as well. Any unwelcome sexual activity, whether verbal or physical, that undermines an individual's ability to perform their job, jeopardises their employment, or fosters a hostile work environment is considered discrimination. Both the right to work with dignity and sexual harassment are inadmissible and morally repugnant. Employees must to be aware of their workplace boundaries. An aggrieved woman, whatever of age, working for pay, who claims she was subjected to sexual harassment by the respondent will face consequences.

Sexual harassment and the right to work with dignity are universally unlawfully ,it is morally wrong thing. People in the workplace should know their boundaries .An aggrieved woman of any age in workplace whether paid or not who alleges to have been subjugated to any act of sexual harassment by the respondent is to be punished

Workplace should consider woman hesitation as:-

Burnout, being overworked till late night, equal wages, equal opportunists, giving women credit for this ideas, paid leave, empowering managers to be effective people leaders.

There will be companies where women can work to their potential. They should not be afraid to seek a healthier workplace. Almost one in four men (24%) and just under one in ten women (7%) admit to using workplace technology to sexually harass their colleagues, according to new research. Notably, almost half of these perpetrators (45%) are in male-dominated workplaces. One in four perpetrators said they did it to annoy, humiliate or frighten the target of their attack. Those who expressed strong sexist and discriminatory attitudes were 15 times more likely to engage in this behaviour - the strongest single indicator that someone may be a perpetrator.

ELIMINATING SEXUAL HARASSMENT IN THE WORKPLACE 

1) Sexual harassment of women is not acceptable in any job.

(2) The following situations, among others, may qualify as sexual harassment if they arise, are present in connection with, or are related to any act or conduct of sexual harassment: --

(i) a clear or implicit guarantee of special treatment during her job; or

(ii) a clear or implicit threat of unfavourable treatment at work: or

(iii) a clear or implicit threat regarding her work position, either now or in the future; or (iv) interfering with her job or making her workplace intimidating, insulting, or unpleasant; or

(v) demeaning behaviour that could jeopardize her safety or health.

A SEXUAL HARASSMENT COMPLAINT

(1) Within three months of the incident date, or within three months of the last incident date in the case of a series of incidents, any woman who feels harassed at work may file a written complaint of sexual harassment at work with the Internal Committee, if one is established, or the Local Committee, if not: With the understanding that, in the event that the complaint is unable to be submitted in writing, the lady will receive all appropriate support from the Presiding Officer, any member of the Internal Committee, the Chairperson, or any member of the Local Committee, as applicable: Furthermore, given that the Internal Committee 

Employer responsibilities: All employers are required to: (a) create a safe working environment, which includes protecting employees from one another while they are there; (b) Post the penalties for sexual harassment in the workplace in a conspicuous location, along with the order establishing the Internal Committee under section 4 paragraph (1). (c) schedule workshops, awareness campaigns, and orientation sessions for Internal Committee members in accordance with any guidelines at regular intervals to educate staff members about the Act's requirements; (d) give the Internal Committee or Local Committee, as applicable, the resources they need to handle the complaint and carry out an investigation; (e) help ensure that the respondent shows up.

The Complaints Committee is tasked with the preparation of the annual report as mandated by Section 21. This report must include the following information:  

PREPARATION OF ANNUAL REPORT

(a) the total number of sexual harassment complaints received during the year;  

(b) the total number of complaints resolved within the year;  

(c) the number of cases that have remained unresolved for over ninety days;  

(d) the number of workshops or training sessions conducted regarding harassment;  

(e) the type of actions taken by the employer or District Officer in response to these complaints.  

COMPLAINT OF SEXUAL HARASSMENT :-

anyone who knows about the incident in conjunction with a friend, relative, special educator, licensed psychiatrist, psychologist, guardian, or authority that is providing her with care; if the aggrieved woman is unable to file a complaint for any other reason, anyone with knowledge of the incident may do so with her written consent; if the aggrieved woman has passed away, anyone with knowledge of the incident may file a complaint with the legal heir's consent.

APPEAL: 

To the appellate authority designated under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), any person aggrieved by the recommendations made under sub-section (2) of section 13, under clauses (i) or (ii) of sub-section (3) of section 13, under sub-section (1) or sub-section (2) of section 14 or section 17, or by the non-implementation of such recommendations, may prefer an appeal, subject to the provisions of section 18.

CASE LAWS  

VISHAKA VS STATE OF RAJASTHAN [1997]  

The Supreme Court of India established legally enforceable guidelines grounded in the principles of equality and dignity as enshrined in the Indian Constitution, as well as in accordance with the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).  

SHITAL PRASAD SHARMA vs STATE  on April 6, 2018  

According to Section 2(d) of the Protection of Human Rights Act, 1993, the existing civil and penal laws in India fail to provide adequate specific protections for women against sexual harassment in the workplace. Given that the formulation of such legislation may require significant time, it is both necessary and prudent for employers and other responsible entities to adhere to certain guidelines aimed at preventing sexual harassment of women. This includes a specific provision that prohibits government employees from engaging in any acts of sexual harassment towards women in the workplace. The Rule 25-AA of the Conduct Rules, 1971 is stated as follows:  

"25-AA. Prohibition of sexual harassment of working women. - (1) No government employee shall engage in any act of sexual harassment of any woman at her workplace. (2) Every government employee in charge of a workplace must take appropriate measures to prevent sexual harassment of any woman at that location."  

CURRENT SCENARIO  

KOLKATA DOCTOR RAPE MURDER CASE AT HER WORKPLACE  

A 31-year-old physician at Kolkata's RG Kar Medical College was tragically assaulted and murdered after she sought rest in a seminar room at her workplace. The Supreme Court of India has taken cognizance of this rape-murder case, which has sent shockwaves throughout the nation. A bench led by Chief Justice of India DY Chandrachud convened to discuss the matter on Tuesday. During the proceedings, various discussions ensued, including the court's criticism of the government for delaying the filing of the FIR by three hours after the discovery of the body and for the disturbances caused to the crime scene.1. The influence of social media has become so extensive that it is increasingly emerging as the primary source of news for a rising number of Indians who possess smartphones. Individuals no longer rely on traditional media outlets to stay informed about current events. This shift is particularly noticeable in the aftermath of incidents such as the Kolkata rape case. Within a matter of hours, social media was inundated with rumours and conjecture. Despite legal restrictions against disclosing the victim's identity, the young doctor's name and image were widely disseminated. Alarmingly, within days, her photograph reportedly surfaced on pornographic websites alongside details of the assault. In such a context, journalists face significant challenges in distinguishing fact from fiction while covering this case. The lack of transparency from hospital officials has further complicated the process of acquiring verified information. Additionally, the conflicting accounts presented by rival political factions have only intensified the confusion surrounding the situation. 

REFERENCES:

1.Vishaka & Ors v. State of Rajasthan & Ors, AIR 1997 SC 3011  

2.State of Punjab v. Gurmit Singh, (1996) 2 SCC 384  

3.Rajesh Sharma v. State of Uttar Pradesh, (2017) 7 SCC 50  

4.The State (NCT of Delhi) v. Ram Singh & Ors, (2013) 2 SCC 490  

5.Independent Thought v. Union of India, (2017) 10 SCC 800  

Author:

Srimayee Mohapatra

Utkal Law College, Utkal University, Bhubaneswar