In order to prevent the sexual harassment from becoming the norm , its important to know what are the various provisions deal with this in the law and what are the redressals which deals to curb and prevent the sexual harrasment at working place.
In order to prevent the sexual harassment from becoming the norm , its important to know what are the various provisions deal with this in the law and what are the redressals which deals to curb and prevent the sexual harrasment at working place.
In order to prevent the sexual harassment from becoming the norm , its important to know what are the various provisions deal with this in the law and what are the redressals which deals to curb and prevent the sexual harrasment at working place.
This is the most ironical situation in our country ,where the
constitution preamble itself talks about the equality and liberty. In Despite of so many strict and stringent legislation for the safety of women to curb the vulnerable and deteriorating condition, the cases related to violence against women , outraging her modesty ,sexual harassment , rape etc. are increasing day by day at a very high pace . In order to prevent workplace sexual harassment from becoming the norm, it is important to understand what amount to sexual harassment as well as redressals available under law to deal with issues of sexual harassment of women at work place. What is sexual harrasment According to the sexual harassment of women at workplace ( prevention , prohibition and redressal )act ,2013, any of the following circumstances ,if it occurs or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment : 1. Implied or explicit promise of preferential treatment in her employment . 2. Implied or explicit threat of detrimental treatment in her employment . 3. Interferes with her work or creating an intimidating or offensive or hostile work environment for her . 4. Humiliating treatment likely to affect her health or safety. 5. Unwelcome sexually determined behavior includes Physical contact Demand or request for sexual favors. Sexually coloured remarks Showing pornography Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Forms of sexual harrasment
Basically, there are two forms of sexual harassment : 1.Quid pro quo ( literally means ‘this for that’)- Implied or explicit promise of preferential treatment in employment or threat about her present or future employment status 2.Hostile work environment – Creating an offensive work environment which likely to affect her health and safety. Landmark cases As there are many judgements for sexual harassment but the landmark case was Vishakha Singh v. State of Rajasthan (1997)where court had issued many guidelines for the prevention of the sexual harassment of women at work place not only in constitution but also UN Convention on the elimination of all forms of discrimination against women(CEDAW). Some of these guidelines are: It’s the duty of employer to prescribe for procedures and norms to prevent women from such kind of detrimental behaviors. Formation of complainant committee at all workplaces. Such committee has to be headed by a woman employee only and should have NGO or third party participation. All complaints regarding sexual harassment of a woman employee should be appropriately initiated by employers an accordance with the concerned law . The committee would advise and recommend to the victim for the further course of action.
In Mathura rape case which is the incident of custodial rape , a
young tribal girl named Mathura was raped by two policemen . In that case the Bombay high court said that there is a difference between consent and passive submission . “ Mere passive or helpless surrender of the body and its resignatess to the other’s lust induced by threats or fear cannot be equated with the desire or will , nor can furnish an answer by the mere fact that the sexual act was not in opposition to such desire or volition” Redressal to sexual harrasment Late Chief Justice J.S. Verma , Justice Verma Committee Report , 2013 said that “the time has come when women must be able to feel liberated and emancipated from what could be fundamentally oppressive conditions against which an autonomous choice of freedom can be exercised and made available by women . This is sexual autonomy in the fullest degree”.