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Plagiarism Report
Plagiarism Report
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Words 496 Date September 04,2019
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CHAPTER 1. INTRODUCTION Of all the forms that violence against girls will assume, molestation
is that the most present and insidious; all the lot of therefore as a result of it's deemed 'normal'
behaviour associate degreed not an assault on the feminine entity. It affects ladies altogether settings
whether or not public or non-public and has psychological, medical, social, political, legal and
economic implications. Instances of harassment shouldn't be viewed as isolated incidents; rather they
have to be construed as a gendered aggression against the rights and dignity of ladies. The fact the
extraordinarily harmful effects of harassment are visible globally discounts any effort to look at it with
less gravity than it deserves. In India, it's been solely six years since harassment was for the primary
time recognised by The Supreme Court as human rights violation and gender primarily based general
discrimination that affects women’s Right to Life and Livelihood. The Court outlined harassment
terribly clearly in addition as provided tips for employers to redress and stop harassment at work.
While the Apex Court has given necessary tips, called Vishaka tips, for resolution and hindrance of
harassment prohibition employers by holding them accountable for providing safe work surroundings
for women, the problem still remains underneath carpets for many ladies and employers. Vishaka tips
apply to every organized and unorganized work sectors and to any or all women whether or not or not
in operation [*fr1] time, on contract or in voluntary/honorary capability. The guidelines are a broad
framework that place heaps of stress on hindrance and among that all acceptable preventive measures
is tailored. One vital fortification is to adopt a molestation policy that expressly prohibits molestation
at work place and provides effective grievance procedure that has provisions clearly laid down for bar
and for coaching the personnel in the least levels of employment. As India’s economy continues to
grow, serving to innumerable individual’s live higher and healthier lives, one can be forgiven for
thinking that the previous issues that affected our folks and grandparents generations are being left
behind. You would expect to seek out this to be very true within the trendy and dynamic workplaces of
decision centres and IT parks that are using millions and serving to drive Indian economic growth.
Unfortunately, whereas we've new industries and economic progress, recent issues have nevertheless
to be left behind. Sexual harassment has been found to be rife within India’s modern work places. A
study discharged last year, of 600 feminine staff operating in IT and BPO industries and therefore the
initial of its kind, found that 88% of women were subject to sexual harassment in their geographical
point, with supervisors typically - in over seventieth of cases – being accountable. In a world survey of
over twelve,000 individuals in twenty four countries, Asian nation was found to own the very best rate
of reports of employees being sexually annoyed by colleagues or supervisors. 25% additionally
reportable being mistreated at their place of labour.
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UTI Mutual Fund was carved out of the erstwhile UNIT TRUST OF INDIA (UTI) as a SEBI
registered mutual fund from 1 February 2003. The investment firm of India Act, 1963 was repealed,
paving approach for the bifurcation of UTI into – specified endeavour of unit trust of India (SUUTI);
and UTI Mutual Fund (UTIMF). • Company is promoted by the four of the biggest Public Sector
Financial Institutions as sponsors namely:- State Bank of India, Life Insurance Corporation of India,
Bank of Baroda, and Punjab national bank with every of them holding Associate in Nursing
eighteen.24% stake in the paid up capital of UTI AMC. • It is one of the oldest and largest mutual
funds in India with over 10 million investor accounts under its 230 domestic schemes / plans as on
September 30, 2017. • The Company has a nationwide distribution network, which is spread across the
length and breadth of the country. Its distribution network includes over 48000 AMFI / NISM
Certified freelance monetary Advisors and a hundred and fifty monetary centres. • It’s contributed
vastly to industrial and capital growth within the Indian market and additionally should lead
transformative initiatives like biological process monetary establishments, rural outreach programs and
financial products and services. • It is today a household name in India and has a wide portfolio to suit
the varied needs of investors supported by industry-led best practices, long-term vision, and
shareholder values. With 100 fifty branches, 47,000 extremely trained IFAs, 320 Chief Agents and
Business Development Associates and over one large integer capitalist accounts, UTI AMC is one in
every of the leading monetary establishments with a pan Indian presence. We area unit committed to
continued our gift of delivering best in school services with attention on social responsibility and
nation-building.
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VISION: “To attain organizational excellence by developing and inspiring the true potential of
company’s human capital and providing opportunities for growth, well-being and enrichment”.
MISSION: “To create a value and knowledge based organization by inculcating a culture of learning,
innovation and team working and aligning business priorities with aspiration of employees leading to
development of an empowered, responsive and competent human capital”.
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OBJECTIVES • harassment at a work is taken into account violation of women’s right to equality, life
and liberty. It creates Associate in nursing insecure and hostile work surroundings that discourages
women’s participation in work, thereby adversely moving their social and economic direction and also
the goal of inclusive growth. • With more and more women joining the workforce, both in organized
and unorganized sectors, ensuring an enabling working environment for women through legislation is
felt imperative by the Government. • To comply with the directives of Hon’ble Supreme Court of
India requiring all employers to develop and implement a policy for prevention of sexual harassment
at the workplace. • The Act is enacted by the Indian Parliament to provide protection against sexual
harassment of women at workplace and prevention and redressal of complaints of sexual harassment
and for matters connected therewith or incidental thereto. Sexual harassment is termed as a violation
of the basic rights of a woman to equality beneath Articles fourteen and fifteen of the Constitution of
India and right to life and to measure with dignity beneath Article twenty one of the Constitution of
India. • The primary aim of the study is to look at the key issues and challenges when it comes to
women’s safety at workplaces in Patna specifically focussing on sexual harassment of women at
workplaces in. The study through the following three broad questions would identify the nature,
incidence, extent & impact of sexual harassment of women at workplace with a special focus on
Vishaka Judgement and Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act
2013. The three broad questions are:- 1) what is the perception of employees/employers in the
selected organized sector about the nature of ‘Sexual Harassment of women’ occurring at workplace?
2) What have been their experiences of sexual harassment at workplace? 3) What are the responses of
employees/employers about sexual harassment at workplace in addition to its prevention, prohibition
and redressal, locating it within the purview of Sexual Harassment of Women at Workplaces
(Prevention, Prohibition and Redressal) Act 2013?
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Sexual harassment at workplace in India | legal Salah blog Compare text the sexual harassment of
women at workplace (prevention, prohibition and redressed) act, 2013 & rules made therein in
2013objectives of the act the act is enacted by the Indian parliament to provide protection against
sexual harassment of women at workplace and prevention and...
https://www.legalsalah.com/blog/sexual-harassment-at-workplace-in-india/
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SCOPE OF STUDY: POSH Act, 2013 is applicable to any person employed at the workplace, for any
work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including
a contractor, with or while not the data of the principal leader, whether or not for remuneration or not,
or performing on a voluntary basis or otherwise, whether or not the terms of employment are express
or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or by any
other such name. While as per policy only women are covered under the policy, men too can approach
the committee in case of a concern and the committee will address it with the same rigor as any other
compliant. The focus of this study was to examine the relationship between employee workplace
sexual harassment experiences and employee perceived workplace sexual harassment climate, as the
independent variables, and perceived safety from sexual harassment, as the dependent variable.
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CHAPTER 2. REVIEW OF LITERATURE 2.1) defining sexual harassment: There are a superfluity of
definitions of sexual harassment. Whereas harassment has been outlined by varied researchers, the
general conception remains a similar, despite whether or not it absolutely was outlined within the past
or gift. Fitzgerald, Drasgow, Hulin, Gelfand and Magley (1997) compactly outline harassment as any
unwanted sex-related behaviour that's perceived by a target(s)/victim(s), whether or not male or
feminine, person of an equivalent or woman folk, to be unpleasant and discouraging. The eu
Commission’s (EC) code of practice defines harassment as unwanted conduct of a sexual nature or
verbal and nonverbal conduct. During a comprehensive context, the European Community defines
harassment as any unwanted conduct of a sexual nature and conduct supported gender moving the
dignity of women and men at work (European Commission, 1999). South African law defines
molestation as any unwelcome verbal, nonverbal and/or physical conduct. The definition provided by
the 2005 Amended Code of fine follow on the handling of harassment cases issued by the Labour
Relations Act no. sixty six of 1995 is also used as a definition to substantiate what the law defines as
harassment (South continent, 1995). According to the Code, harassment is any undesirable behaviour
of a sexual nature that violates the rights of a worker. This code moreover stipulates that the
subsequent ought to be taken into account: (a) whether or not the harassment is prohibited on the
grounds of gender and/or sexual orientation; (b) whether or not the sexual behaviour was undesirable;
(c) the character and level of the sexual behaviour; and (d) the impact of the sexual behaviour on the
worker (South continent, 1995). In spite of national and international efforts to eliminate molestation,
there's still no formal or single definition bearing on what behaviour is prohibited. Generally,
international researchers outline molestation loosely as a variety of violence against ladies. The United
States’ national laws specialize in the felonious conduct instead of WHO is profaned thanks to
molestation (Webb, 1994). Within the United Nations, conferences and committees have indicated that
molestation within the geographical point could be a violation of the human dignity and health and
safety rights of staff underneath the International Labour Organization treaties (Mallow, 2013). Power
and behaviour play a section within the definition of molestation. Power is outlined as a show that
degrades another worker (ITUC, 2008). Behaviour ought to be deliberate and/or continual before it are
often known as molestation. Once the behaviour is known, it still depends on whether or not it's
unwelcome. This behaviour might be of a verbal, nonverbal or physical nature (Webb, 1994). One
among the items that still exacerbate the lay-person’s understanding of molestation relates to the
varied styles of molestation. These sorts square measure addressed within the section that follows.
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Types of sexual harassment: Sexual harassment is characterised by two specific environments, namely
hostile environments and quid pro quo environments. • Hostile environments: Hostile environments as
places where individuals request sexual favours or other conduct of a sexual nature that may affect the
target’s performance. The research defines a hostile environment as employment discrimination such
as jokes, acts and/or comments (among others) directed at a victim’s race, religion, age, and/or gender
(Essays, 2013). Authors like Grobler, erasmus and Kolkbenbeck-Ruh (2003) consider the stipulated
definition. Figure below depicts how a hostile working environment may be experienced by those
subjected to sexual harassment.
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Bravo and Cassedy (1992) indicated that quid pro quo is the clearest case of sexual harassment, as the
perpetrator commits on-the-job blackmail (Renzetti, Edleson & Bergen, 2001). Determining the link
between what is unwelcome or improper sexual conduct and an employer’s reaction to it is very
important in terms of having a case, or rather, proving that quid pro quo sexual harassment occurred.
The Free Dictionary (2010) describes quid pro quo as a mutual agreement that is valid and required
between males and females. The Lectric Law Library (2010) indicate that the Latin word “quid pro
quo” means “what for what” or “something for something” (Essays, 2013). Classifying the
environment may not be the only aspect that contributes to an employee’s behaviour. Aspects like
verbal, nonverbal and physical behaviour can also contribute to harassment (Joubert, Van Wyk &
Rothmann, 2011). However, the focus should not remain on the various forms of sexual harassment,
but rather on the implementation of preventative measures discussed in the literature review.
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Types of Harassers: While behaviour and motives vary between individuals, we can probably divide harassers into six
broad groups: • Mr. Macho: this can be sometimes joined to the bravado, once teams of men embarrass girls with
comments, unwanted compliments or perhaps physical analysis, lewd jokes or gestures, and show of sexually distasteful
posters. All these will produce a hostile surroundings, and although it goes no additional than verbal and visual
harassment, most women experience this as humiliating and disturbing. • The Great Gallant: This mostly verbal
harassment occurs when the “gallant” pays excessive compliments and makes personal comments that are out of place
or embarrass the recipient. While most men and ladies appreciate recognition and real compliments, comments targeted
on the looks and also the sex of a employee – instead of her competency or her contribution – are usually unwelcome.
While the giver of compliments may even see himself during a completely different light-weight, the recipient typically
experiences him as superior or annoying, or both. • The Opportunist: This kind of harasser is usually fairly promiscuous
in his attentions to female staff, suppliers or clients. Whenever the chance presents itself – within the elevator, once
operating late, on a business trip, at the office party, when alone in an office or a car with a feminine colleague- the
harasser likes to require advantage of true. If confronted, he will insist that the women like and enjoy his attentions. •
The Power-player: Here harassment is a power game, where the man insists on sexual favours in exchange for benefits
he can dispense because of his position: getting or keeping a job, promotion, orders, bank overdrafts, a drivers' licence,
and so on. This can be delineated as "quid professional quo" harassment, and is closely allied to blackmail. Besides the
result on the victims, this form of harassment is an abuse of power and trust. It will result in dangerous business
selections, and might price the corporate dearly in terms of effectiveness, the value of special favours, and company image. •
The Serial Harasser: The most difficult type of harasser to identify, and the most difficult to deal with, is the one labelled
as the serial harasser. This person is compulsive and sometimes has serious psychological issues. He rigorously builds
up a picture in order that folks can realize it exhausting to believe sick of him, plans his approaches carefully, and strikes
in private where it is his word against that of a subordinate. He will do tons of harm before he's detected. Although serial
harassers are in the minority, managers and personnel professionals should be aware of this possibility. This person's
aberrant behaviour is usually a involve facilitate, rather than deliberate harassment – as is usually the case in the above
four types. In this case counsel is perhaps a lot of vital than mere disciplinary action. • The Situational Harasser: The
trigger to this person's behaviour is usually psychological, but more situational than compulsive. Incidents square
measure generally coupled to specific life things or emotional or medical problems, like divorce, wife’s unhealthiness,
impotence, secretion imbalance, prostate unwellness, or medical specialty or general disturbances that suppress the
higher brain functions. If true changes or the unwellness is brought in restraint, the harassment typically stops – however
by then each victim and harasser are injured.
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2.3) Statistics on the occurrence of sexual harassment: Statistics play an important role when the
occurrence of sexual harassment is analysed, interpreted and organised. In 1990, a survey showed
that, while 76% of career women in South Africa had experienced sexual harassment during their
working lives, most would rather resign than be considered sensitive (Dancaster, 1991). Bravo and
Cassedy (1992) indicated that approximately 70% of women in South Africa experienced some form
of harassment during their time of employment. The South African Cape Argus newspaper in 2002
indicated that a Business Leadership research study reported that 76% of individuals experienced
sexual harassment in the workplace. In addition, an article issued in the Johannesburg Star newspaper
(dated 17 January 2007) indicated that 77% of 500 women who completed a survey reported sexual
harassment within their workplace at least once. Between January 2003 and April 2007, 1308 cases of
sexual harassment were dealt with by the Commission for Conciliation, Medication and Arbitration
(CCMA) and numerous sexual harassment cases were documented (CCMA, n.d.). Bailey (2013)
reviewed gender-based violence in the South African Development Community (SADC), and
suggested that more than half of the women in Limpopo reported the occurrence of sexual harassment
in the workplace due to the quid pro quo environment they worked in, in which sexual favours are
offered in order to get a job. Furthermore, researchers in South Africa who spoke to more than 5600
men and women found that sexual harassment in Limpopo was higher compared to that in other
provinces (i.e. Gauteng; KwaZulu-Natal and the Western Cape) (Bailey, 2013). In addition, Freedom
House (2013) reported that women are subjected to sexual harassment within the workplace. The
World Economic Forum Gender Gap Index indicated that South Africa was rated 17th out of 136
countries that had the highest prevalence of sexual harassment. The above statistics referred to sexual
harassment in the workplace and in general. Even so, the statistics have not clearly identified what
types of environment victims were exposed to before sexual harassment occurred.
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2.4) Classes of harassment: There is more than one class of harassing behaviour, and a single
harasser may belong to more than one category. Langelan (1993) described four classes of harassers:
• Predatory harasser: A predatory harasser is postulated to gain satisfaction by humiliating
individuals. This type of harasser is usually involved in sexual extortion to see how targets will
respond, and targets who do not resist are usually raped. • Dominance harasser: A dominance
harasser is purported to act in a certain manner to ensure that they boost their ego. • Strategic or
territorial harasser: These types of harassers try to maintain a privilege in a job or physical location. •
Street harasser: Stress harassers occur outside the workplace in public places. The nature of their
harassment may be verbal and/or nonverbal, such as sexual comments made on an individual’s
physical appearance. Dzeich and Werner (1990) divided harassers into two broader classes: public
harassers, who may be offensive in their seductive attitudes towards colleagues, employees, or
subordinates) and private harassers, who portray a respectable image on the surface, but whose
outward behaviour changes once they are alone.
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The experience and perception of sexual harassment in the workplace Compare text
A harasser could create a negative environment, specifically by withholding promotions or
threatening employees with
Termination. Research published by calnan (2016) indicates that suggestive remarks, jokes
or inappropriate touching occur within the 12% workplace.
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2.5) Causes of Sexual harassment: one among the causes of sexual harassment is socialisation with
literature indicating that social upbringing has an impact on behaviour (Levin & Sykes, 2005). In
recent years, both social and political changes have altered power relationships, and some men had felt
and may still feel threatened by the career advancements, independence and assertiveness of women
(Western Cape Government, 2005). Three main causes of sexual harassment that have been discussed
are socialisation, aggressiveness or bravado and lack of an organisational policy. • Socialisation:
Socialisation refers to the way in which men and women are raised. An individual’s culture might so
confirm their expertise or perception of harassment. In the event of women being dependent on men,
they may find it difficult to report cases of sexual harassment. On the other hand, women who are
more independent are vulnerable when they reject advances (Western Cape Government, 2005). •
Aggressiveness or bravado: Men who act out when they are in a group but behave differently when
they are alone act in a similar manner to those described under “gang harassment” since they feel the
way of ostentation in making inappropriate comments towards the victim. However, when these men
are alone they are harmless (Western Cape Government, 2005). • Workplace climate and job gender
context: According to Naylor, Pritchard and IIgen (1980), workplace climate and job gender context
refers to workplace features that interconnect tolerance of sexual harassment. Overall, the harassment
climate is one amongll|one amongst|one in every of} the best single incident analyses of harassment in
a work (Fitzgerald, Gelfand & Drasgow, 1995). According to Hulin, Fitzgerald and Drasgow (1996),
there are three important aspects in workplace climate, namely (1) the perceived risk to victims for
complaining, (2) the lack of sanctions against offenders, and (3) the perception that one’s complaints
will not be taken seriously. 2.6) Impact of sexual harassment: it's perceived that sexual harassment has
a psychological and physical impact on employees (Earnshaw & Davidson, 1994). However, it also
depends on the severity of the harassment. The potential consequences of sexual harassment are hence
discussed. 2.7) Work-related impact: Sexual harassment has been shown to be more common in certain
social situations than in others and in workplaces with certain characteristics. Victim(s), and in some
cases bystanders, are negatively impacted by sexual harassment. There may be an overall decrease in
efficiency; productivity may decrease; teamwork could be compromised; and members may feel
demotivated and demoralised by their experience. The overall progress and innovation within the
workplace may be delayed within an environment that lacks trust and team spirit (Pryor et al., 1993).
2.8) Psychological effects: Psychological effects of sexual harassment such as depression, anxiety,
stress and loss of motivation may result from experiences of sexual harassment. Victims may also
experience psychological effects ranging from irritation and frustration to anxiety, stress and terror.
There can also be a fear of retaliation and backlash within the workplace (Women Centre, n.d.).
Rarnsaroop and Brijball Parumasur (2007) concur with this, and maintain that sexual harassment may
also result in increased absenteeism, a high percentage of sick leave and a decrease in morale. 2.9)
Power and status: Individuals with power and status have a strong impact on intergroup
communications; on the other hand, individuals who belong to groups with less status and who have
less secure social positions expertise a lot of intergroup discriminative behaviour (Sachdev & Bourhis,
1991). This is particularly true in multi-ethnic societies such as Brazil (Marger, 2011). Power comes
from opportunities presented by either power or authority relationships, which originate from
categorised structures in a workplace. The results thereof may lead to an extortion of sexual
gratification from subordinates (Dekker & Barling, 1998).
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2.10) Perceptions of sexual harassment based on gender: There have been various studies that
addressed gender and sexual harassment. The most common results indicate that women are less
likely to tolerate sexual behaviour in the workplace than their male colleagues (Berdahl & Moore,
2006). Additionally, men’s and women’s perception continued to depend on the harasser’s actions.
Madera, Podratz, King and Hebl (2007) discovered that men who complained about sexual
harassment were less likely to be taken seriously and were initially punished more than women who
complained. Consequently, both males and females who experienced sexual harassment may have
their own perceptions and may therefore experience and perceive various factors of sexual harassment
differently within the workplace. 2.11) Harassment as misconduct and the role of fault: Sexual
harassment in the workplace serves as misconduct; many employees can therefore be disciplined and,
depending on the severity, be dismissed for displaying such behaviour. The misconduct may either
take the form of being deliberate (i.e. the harasser was aware that the conduct was wrong) or
negligence (i.e. where the harasser should have identified that the conduct would be wrong) (Code of
Good Practice, 1998). Prior to the 2005 Code, the 1998 Code had introduced requirements for fault
into the definition of harassment, which claimed that harassment existed where “the perpetrator
should have known that the behaviour is regarded as unacceptable”. This provision coincides with
requirements by law relating to misconduct (Code of Good Practice, 1998). In addition, the 2005 code
focuses exclusively on the severity and disregards fault. 2.12) Grievance process: Having a grievance
process within an organisation is a common and useful mechanism. It is the process that provides
employees the right to raise their concerns/complaints. Organisational policies and grievance
procedures provide organisations with a “no tolerance” policy for preventing sexual harassment from
occurring in the first place (Parker, 1999). 2.13) Model for management: A model for the management
of South African companies was developed by Grobler et al. (2003). The model was created as a
foundation for assisting organisations to manage sexual harassment effectively. The steps the model
follows are set out below: Step 1: Execution of a company-specific audit. The purpose of this
execution is to determine how employees should react when targeted. Step 2: Development of
preventative measures, which includes policies, training and interpersonal management. Step 3:
Reactive process, which deals with methods in dealing with and investigating sexual harassment.
Periodic evaluation of the effectiveness of the organisation’s preventative and measurable methods.
Managers should also ensure that reporting channels are available and should observe work activities
to monitor the occurrence or potential occurrence of sexual harassment within the environment
(Ramsaroop & Brijball Parumasur, 2007).
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Women in Workforce- Challenges, Problems and Measures Compare text
Empowerment of women women in workforce- challenges, problems and women form an integral part of the Indian
workforce. According to the information provided by thein the urban areas, almost 80 per cent of the women workers are
working in the unorganized sectors such as...
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