Harassment of women at workplace

Crowny was a gold medalist in Master of Computer Applications. She got a software job in first attempt based on merit. Soon, she found herself being subjected to inappropriate touches, unwelcome stares, double meaning words and stalking at her work place by her male colleagues. She shifted to another company where she experienced the same situation. The company got an international project and Crowny was selected for it. She was informed by her boss that she could work in the project if she fulfilled his sexual desire. When she protested, she was denied increments and finally she was removed from service on the charges of code theft and dereliction of duty. Crowny could not get job anywhere. Deeply humiliated, she committed suicide for no fault of her. This is not the story of one Crowny. There are several Crownys who suffer helplessly due to lack of awareness about the laws against the harassment of woman at work places.

Fundamental right

Sexual harassment results in violation of the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution and her right to life and dignity under Article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to safe environment free from sexual harassment;

The Convention on the Elimination of all Forms of Discrimination against Women recognised that protection against sexual harassment and the right to work with dignity is an inherent and fundamental human right and the same was ratified on June 25, 1993, by the Government of India.

Supreme Court ruling

In a land mark judgment by the Supreme Court in Vishaka Vs. State of Rajasthan and others (AIR 1997 SCC 3011) in a gang-rape case of an employee, sexual harassment was legally defined as an unwelcome sexual gesture or behavior whether directly or indirectly as: (1) Sexually colored remarks; (2) Physical contact and advances; (3) Showing pornography; (4) A demand or request for sexual favors; (5) Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature; and (6) Unsolicited telephone calls/e-mails with the intention of sexual harassment.

What the Act says

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, seeks to protect women from sexual harassment at the place of work. It was passed by Parliament and got the assent of the President on April 4, 2013. The Act came into force from December 9, 2013. The Act makes it mandatory for all offices with 10 or more employees to have an internal complaints committee comprising a woman senior employee, two other employees, and a social worker; it is essential that at least half the committee must be constituted with women to address grievances in a stipulated time. Where such a committee is not set up by the employer, or where the complaint is against the employer himself, a provision is made for the setting up, by the District Magistrate, of a panel drawn from social workers and NGOs. An employer can be fined Rs 50,000 in case of violation of his duties under the Act.

It is the statutory duty of all employers that they should take appropriate step to prevent sexual harassment: (a) The prohibition should be notified, published and circulated in appropriate ways; (b) The rules/regulation of public sector bodies should include these rules and provide for appropriate penalties; (c) As regards private employees, steps should be taken to include the prohibition in their standing orders under the Industrial Employment (Standing Orders) Act, 1946; (d) The employer has to initiate criminal as well as disciplinary action against the delinquent, keeping the details of the victim confidential.

There is no fixed format for the complaint. The complainant need not be a woman. A man can also complain on behalf of a woman. The complaint should be filed within one month. Sexual harassment of woman at work places has become a social menace. It could be curbed by bringing awareness among womenfolk.