Sexual harassment is a type of discrimination based on

sex. When someone is sexually harassed in school, it can

undermine their sense of personal dignity and safety,
disrupt their education, and interfere with their ability to
reach their full potential in life. If left unchecked, sexual
harassment in the school setting has the potential to
escalate to violent behaviour, including sexual assault.
A student experiencing sexual harassment may stop doing their school work and taking
part in school-related activities. They may skip or drop classes, or they may drop out of
school entirely. Psychological effects may include anxiety, depression, disrupted sleep,
loss of appetite, inability to concentrate, lowered self-esteem, loss of interest in regular
activities, social isolation, and feelings of sadness, fear or shame. Some students may
abuse drugs and/or alcohol to cope. In extreme cases, students may think about or even
attempt suicide.

Under the Ontario Human Rights Code, sexual harassment is engaging in a course of
vexatious comment or conduct that is known or ought to be known to be
unwelcome. In some cases, one incident could be serious enough to be sexual
harassment. Some examples of sexual harassment are:
asking for sex in exchange for a benefit or a favour
repeatedly asking for dates, and not taking no for an answer
demanding hugs
making unnecessary physical contact, including unwanted touching
using rude or insulting language or making comments toward girls and women
(or boys and men, depending on the circumstances)
calling people sex-specific derogatory names
making sex-related comments about a persons physical characteristics or
actions
saying or doing something because you think a person does not conform to sexrole stereotypes
posting or sharing pornography, sexual pictures or cartoons, sexually explicit
graffiti, or other sexual images (including online)
making sexual jokes
bragging about sexual prowess
bullying based on sex or gender
spreading sexual rumours or gossip (including online).

Applying the Human Rights Code in education

The Ontario Human Rights Code prohibits sexual harassment in education. Education
includes primary, secondary and post-secondary education, and school activities
such as sports, arts and cultural activities, school functions, field trips and tutoring.
Sexual harassment may also occur as part of school rituals, such as when initiating new
students, new players in team sports, or new members of sororities and fraternities.

More and more, students are being sexually harassed online. Technology, such as email, blogs, social networking sites, chat rooms, dating websites, text messaging
features, etc., provides new frontiers for the sexual harassment.
Example: The Ontario College of Teachers withdrew a 29-year-old teachers license
because he sexually harassed a female student through e-mail. He used a false name
and sent messages to the student that included information about what she had been
wearing that day, what route she took to school, and sexual suggestions.
Educators may be liable for a poisoned environment if school technology is used to
sexually harass someone. They may also be liable when private electronic devices are
used on school premises to harass someone.

Gender-based harassment and bullying

Gender-based harassment is a form of sexual harassment that is used as a
gender policing tool to enforce conformity with sex-role stereotypes. Gender-based
harassment can be particularly damaging to adolescent students who are struggling
with their identities, and trying to come to terms with their sexuality, peer pressure and
a desire to fit in. Students who are perceived as not conforming to stereotypical gender
norms may be particularly vulnerable to gender-based harassment.
Gender-based harassment in schools is often used as a form of bullying. This seems
to happen regularly in primary, middle and high school. Students may use sexual
information to gain control and power over another person.
Example: To ostracize a rival, a girl starts a rumour that another girl is sexually
promiscuous and performs sex acts on boys behind the school.
Sexist and homophobic name-calling, jokes and conduct may also be used as a way to
bully and shun a person. In some cases, gender-based harassment may look the
same as harassment based on sexual orientation, or homophobic bullying.
Example: A grade 9 male student who has many female friends and is more interested
in the arts than athletics is repeatedly called fag, homo, queer, etc. by a group of
boys in the school.

Preventing and responding to sexual harassment

Education providers have a legal duty to take steps to prevent and respond to sexual
harassment. They must make sure they keep poison-free environments that
respect human rights. From a human rights perspective, it is not acceptable to ignore
sexual harassment, whether or not someone has formally complained or made a human
rights complaint.
When deciding if an education provider has met its duty to respond to a human
rights claim, tribunals are likely to think about:

the procedures in place at the time to deal with discrimination and harassment

how quickly the organization responded to the complaint

how seriously the complaint was treated
the resources made available to deal with the complaint
if the organization provided a healthy environment for the person who
complained
how well the person who complained was told about the action taken.
Educators can prevent many cases of sexual harassment by having a clear,
comprehensive anti-sexual harassment policy in place. In cases of alleged sexual
harassment, the policy will alert all parties to their rights, roles and responsibilities.
Policies must clearly set out how the sexual harassment will be dealt with promptly and
efficiently. The OHRCs Policy on preventing sexual and gender-based
harassment includes suggested contents of an anti-sexual harassment policy.
Everyone should know about the anti-sexual harassment policy and the steps in place
for resolving complaints. This can be done by:
giving policies to everyone as soon as they are introduced
making all teachers, school staff, students, etc. aware of them by including the
policies in orientation material
training people, including people in positions of responsibility, about the policies,
and educating them on human rights issues.
An effective sexual harassment policy can limit harm and reduce liability. It also
promotes the equity and diversity goals of educational institutions.
Education providers should monitor their environments regularly to make sure they are
free of sexually harassing behaviours. Taking steps to keep a poison-free environment
will help make sure that sexual harassment does not take root, and does not have a
chance to grow. You can help to prevent sexual and gender-based harassment before it
happens by:

showing a clear attitude that sexual and gender-based harassment will not be
tolerated
showing a clear attitude that discrimination based on sexual orientation,
including homophobic bullying, will not be tolerated
having an effective anti-sexual and gender-based harassment policy in place and
making sure all students know about it
communicating clearly to the student body the consequences of all forms of
sexual and gender-based harassment, including online sexual and gender-based
harassment
including online harassment prevention measures in sexual harassment and
school Internet policies
teaching students and staff about sexual harassment, including gender-based
harassment, sex-role stereotyping, and homophobic comment and conduct
using role-playing and educational exercises to help students be more aware of
the impact of sexual and gender-based harassment on others
teaching students media literacy to help their critical thinking and to ask
appropriate questions about what they watch, hear and read

teaching students how to protect themselves from online sexual and genderbased harassment
respecting the confidentiality of students who report sexual and gender-based
harassment and related bullying. This may encourage other students to report
harassment
making sure staff have enough resources, training and tools to spot sexually
harassing behaviours, and to identify and report incidents when they do occur.

Sexual Harassment of Women at Workplace

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 is a legislative actin India that seeks to protect women from sexual harassment at their place of
work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September
2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February
2013.[1] The Bill got the assent of the President on 23 April 2013.[2] The Act came into force from 9
December 2013.[3] This statute superseded the Vishakha Guidelines for prevention of sexual
harassment introduced by the Supreme Court of India. It was reported by the International Labour
Organization that very few Indian employers were compliant to this statute. [4][not in citation given][5] Most Indian
employer's have not implemented the law despite the legal requirement that any workplace with
more than 10 employees need to implement it.[6] The government has threatened to take stern action
against employers who fail to comply with this law.[7]
Contents
[hide]

1 Preamble and background

2 Background and provisions

3 Major Features

4 Penal Code

5 Criticism

6 See also

7 References

8 External links

Preamble and background[edit]

The introductory text of the Act is:
An Act to provide protection against sexual harassment of women at workplace and for the
prevention and redressal of complaints of sexual harassment and for matters connected therewith or
incidental thereto.
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality
under articles 14 and 15 of the Constitution of India and her right to life and to live with 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 a safe environment free from sexual harassment;
AND WHEREAS the protection against sexual harassment and the right to work with dignity are
universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been
ratified on the 25th June, 1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for
protection of women against sexual harassment at workplace. [8]

Background and provisions[edit]

See also: Eveteasing and Sexism in India
According to the Press Information Bureau of the Government of India:
The Act will ensure that women are protected against sexual harassment at all the work places, be it
in public or private. This will contribute to realisation of their right to gender equality, life and liberty
and equality in working conditions everywhere. The sense of security at the workplace will improve
women's participation in work, resulting in their economic empowerment and inclusive growth. [9]
The Act uses a definition of sexual harassment which was laid down by the Supreme Court of
India in Vishaka v. State ofRajasthan (1997).[10] Article 19 (1) g of the Indian Constitution affirms the
right of all citizens to be employed in any profession of their choosing or to practice their own trade
or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's
rights to Gender Equality and Life and Liberty are in fact a violation of the victims fundamental
right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's
rights in the workplace and is thus not just a matter of personal injury.[11]

Under the Act, which also covers students in schools and colleges as well as patients in hospitals,
employers and local authorities will have to set up grievance committees to investigate all
complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees.
The legislative progress of the Act has been a lengthy one. The Bill was first introduced by women
and child development minister Krishna Tirath in 2007 and approved by the Union Cabinet in
January 2010. It was tabled in the Lok Sabha in December 2010 and referred to the Parliamentary
Standing Committee on Human Resources Development. The committee's report was published on
30 November 2011.[12][13] In May 2012, the Union Cabinet approved an amendment to include
domestic workers.[14] The amended Bill was finally passed by the Lok Sabha on 3 September 2012.
[15]

The Bill was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26

February 2013. It received the assent of the President of India and was published in the Gazette of
India, Extraordinary, Part-II, Section-1, dated the 23rd April 2013 as Act No. 14 of 2013.

Major Features[edit]

The 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.

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 organised or
unorganised sectors, public or private and covers clients, customers and domestic workers as
well.

While the workplace in the Vishaka Guidelines is confined to the traditional office set-up
where there is a clear employer-employee relationship, the Act goes much further to include
organisations, department, office, branch unit etc. in the public and private sector, organized and
unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums,
sports complex and any place visited by the employee during the course of employment
including the transportation. Even non-traditional workplaces which involve tele-commuting will
get covered under this law.[16]

The Committee is required to complete the inquiry within a time period of 90 days. On
completion of the inquiry, the report will 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.

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.

The Complaints Committees have the powers of civil courts for gathering evidence.

The Complaints Committees are required to provide for conciliation before initiating an
inquiry, if requested by the complainant.

Penalties have been prescribed for employers. Non-compliance with the provisions of the Act
shall be punishable with a fine of up to
50,000. Repeated violations may lead to higher
penalties and cancellation of licence or registration to conduct business. [17]

Penal Code[edit]
Main article: Criminal Law (Amendment) Act, 2013
Through the Criminal Law (Amendment) Act, 2013, Section 354 was added to the Indian Penal
Code that stipulates what consists of a sexual harassment offence and what the penalties shall be
for a man committing such an offence. Penalties range from one to three years imprisonment and/or
a fine. Additionally, with sexual harassment being a crime, employers are obligated to report
offences.[18]

Criticism[edit]
Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member for West
Bengal initially complained that the Bill does not cover women in the armed forces and excludes
women agricultural workers, "a gross injustice to agricultural workers who are the single largest
female component of work force in the country."[10] However, the final bill includes the clause "No
woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to
have addressed those concerns.[19] In the May 2012 draft Bill, the burden of proof is on the women
who complain of harassment. If found guilty of making a false complaint or giving false evidence, she
could be prosecuted, which has raised concerns about women being even more afraid of reporting
offences.[18] Before seeing the final version of the bill, lawyer and activist Vrinda Grover said, "I hope
the Bill does not have provisions for penalizing the complainant for false complaints. This is the most
under-reported crime. Such provision will deter a woman to come forward and complain." [10][20] Zakia
Soman, a women's rights campaigner at ActionAid India said that "it helps to have a law and we
welcome it, but the crux will lie in its implementation once it is enacted."[21]
Manoj Mitta of The Times of India complained that Bill does not protect men, saying it "is based on
the premise that only female employees needed to be safeguarded."[22] Nishith Desai Associates, a
law group, wrote a detailed analysis that included concerns about the role of the employer in sexual
harassment cases. They called out the fact that there is no stipulated liability for employers in cases
of employee-to-employee harassment, something upheld in many other countries. They also viewed

the provision that employers are obligated to address grievances in a timely manner at the
workplace as problematic because of potentially uncooperative employees. Furthermore, the law
requires a third-party non-governmental organisation to be involved, which could make employers
less comfortable in reporting grievances, due to confidentiality concerns. [18]
Compliance to this statute has so far been left to the vagaries of the employers and government has
not taken any significant step to enforce the law so far. For example, 6 months after the law came
into effect, the state in UP remained dreadful as women could not participate in the workforce due to
sexual harassmen