Topic Assignment Topic HumanRights Law

Topic : Sexual Harassment of women at workplace ; India's response and

Judicial verdict

Submitted By : Submitted to : Professor Ranjil Sil

1. Jackson Dkhar ,Roll no 23 ,VI sem
2. Soky syrti ,Roll no 53,VI sem
3. Shibaitlang Rymbai ,Roll no 54,VI sem
4. Merida Dkhar Roll no 35,VI sem

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Table of content. Page number

● Table of case … 2
● Introduction…. 3
● Defination of sexual harassment……… 4
● What constituted sexual harassment……………. 5
● Data analysis of crime against women at workplace in the year 2019 and 2020 ..5
● Sexual Harassment at workplace Bill 2013 ……. 6
● Supreme court Guidelines Regarding Vishakha V. state of Rajasthan…. 7
● Features of Vishakha guidelines…… 8-9
● Others Law pertaining to workplace Sexual Harassment…… 10-11
● Judicial verdict on Sexual Harassment of women in workplace ..12-14
● Conclusion….. 15
● Bibliography….. 16

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Table of cases Page numbers

● Alexander V. Yale ……………..14

● Guarav jain V. Hindustan latex family planning promotion Trust ……4
● Jaya kodate V. Rashtrasant Tukdoji Maharaj Nagpur university…….4
● K.P Anil Rajagopal V. State of Kerela ……5
● N.Radhabai V. D Ramachandrant . . 14
● Ripon Deal Bajaj V. kPS Gilli……14
● Shanta Kumar V. Council of scientific and industrial Research & ors ...5

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"Every women has the right to work in a violence free environment"

1. Introduction

Violence against women constitutes a gross violation of women's fundamental

rights, as guaranteed in the Constitution of India, and a major impediment to
achieving gender equality. Violence against women takes many forms and not all include
physical contact between the victim and the perpetrator.

Sexual harassment at work place is not just a privale problem between harasser and victim; it is
an issue, which has implications for all employees and management at the work place. Sexual
Harassment at workplace covers a wide diversity of behaviours ranging from flurting, verbal
remarks to physical contact and sexual advances. Women workers faced with highest risk of
sexual harassment at work place are those working in care giving instihstions, working at night
working alone. working as industrial and agricultural labour. shop workers and domestic
workers. Sexual harassment at workplace can take the form of a power display, intimidation or
abuse from a superior or co-workers.

The contemned segregation of women in low-paid, low status and precarious jobs contributes to
this problem.biscrimination against women and gender stereotypes caried in workplace tend to
perpetuate sexual harassment of women at work place1

1
www.legalservicesindia.com

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2. Definition of Sexual harassment

The Supreme Court of India defined Sexual Harassment as any unwelcome sexually
determined behavior (whether directly or by implication) such as;
1. Physical contact and advances,
2. A demand or request for sexual favors,
3. Sexually colored remarks,
4. Showing pornography,
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

A key part of the definition is the use of the word unwelcome. Such unwelcome or uninvited
conduct/act is totally prohibited. Sexual or romantic interaction between consenting people at
work may be offensive to observers or may also lead to the violation of the workplace's policy
but it is not sexual harassment.2

3. What is a workplace?

In Gaurav Jain V. Hindustan Latex family planning promotion Trust and ors3
The Delhi High Court upheld the decision of the employer to teminate the employment of the
accused in line with the recommendations of the Internal Committee ("IC"), where the accused
was alleged to have sexually harassed a female colleague during an outstation visit for work.53

In Jaya kodste V. Rashtrasant Tukdoji Maharaja Nagpur University 4

The Bombay High Court pointed out that the definition of workplace' is inclusive and
platform deliberately kept wide by the Parliament to incidents ensure that any area where
women may be subjected to sexual harassment is not left un attended or unprovoked for.

2
Vishakha guidelines
3
2015,SCC,Del,1016
4
2014,SCC ,Bom 814

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4. What constitute sexual Harassment

In shata Kumar v council of scientific and industrial Research & ors5

The Delhi High Court held that there must be physical contact having an undertone of sexual
nature to constitute 'sexual harassment under the POSH Act. It opined that an altercation in the
context of unwelcoming environment prevailing at
the workplace is not a case of sexual harassment.

In another instance, K.PAnil Rajagopal v State of Kerela , Kerela High court6

The Kerala High Court held that the act or behavior must be connected with sexual harassment
including allegations of promise, threat or an offensive or hostile
work environment towards female employees A solitary allegation of intemperate language
against a female employee in a report does not constitute an offence under the POSH Act.

5. Data analysis of crime against women in workplace in the year 2019 and 2020

In India between 1995-2000 there has been steep and continuous rise in the number of cases
reported on sexual harassment. As per the report of the National Crime Records In 2019, 505
cases of "insult to
modesty of women at the work or in office premises" were recorded, an increase of 5% from
2017 and of nearly 800% from 57 cases in 2014.The latest reported complaint received by NCW
in the year 2020 was 201 cases of crime against women in the country7

5
2018(156 Fl)719
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2018 I,KL,206
7
Pub.gov.in/pressreleaseshare.aspx?PRID=1563588

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6. SEXUAL HARASSMENT AT WORKPLACE BILL 2013

India moved one step closer to protecting millions of its working women from sexual
harassment by passing a new bill to tackle unwelcome behaviour such as sexual advances,
requests for sexual favours and sexual innuendoes made at work.
The Protecton of Women against Sexual Harassment at Workplace Bill was passed by the
lower house of parliament on 3rd september and aims to ensure a safe environment for women
working in both the public and private sector. The bill still has to be passed by the upper house
of parliament, a move that is expected in the coming months.

This bill will contribute to realisation of a woman's right to equality, life and liberty in working
conditions everywhere" said an official from the Women and Child Development Ministry, who
did not want to be named. "The sense of security at the workplace will improve women's
participation in work, resulting in their economic empowerment and inclusive growth.
Despite India's economic liberali sation which began more than two decades ago, bringing with it
more progressive Western ideas of gender equality and women's empowerment, women
continue to face a barrage of threats due to traditional patriarchal beliefs which see them as
objects, women's rights acivists say.Newspapers on a daily basis recount stories of women
being pulled off the streets and gang-raped in moving cars, molestation of women on public
transport and murders of brides by their in-laws for not fulfilling dowry demands.While many
women working in offices or even in private residences as maids complain of sexual harassment
by colleagues, managers or their employers, there has been no real mechanism to deal with
complaints or ensure that employers are held accountable if a women feels unsafe or harassed.
Under the bill, 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. Repeated violations may lead to higher penaltiess and cancellation of license or
registration to conduct business.

Gender experts have welcomed the move, but said that like all laws in India, implementati on
and enforcement of the law will be key. "t helps to have a law and we welcome it, but the crux
will lie in its implementation once it is enacted" said Zakia Soman, women's rights campaigner
at Acton Aid India. "Quite often the laws, especially those aimed at protecting women in India,
are reduced to a mockery8

8
Sadual manoj Kumar ,sexual Harassment of women at workplace ,A critique (2006)

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7. Supreme Court Guidelines Regarding Vishakha V. State of Rajasthan

The court brought out the Vishaka guidelines for the protection of women at their workplaces
and providing a safer working environment to the women.

The Vishaka guidelines were a set of guidelines that were intended to protect women at the
workplace. These were instituted by the Supreme Court of India in the year 1997. These are
procedural in nature and state the method that is to be followed while dealing with cases related
to the sexual harassment of women.

Objectives and need for the Vishaka guidelines guidelinesguidelines

The Vishaka guidelines were instituted due to the series of cases of sexual harassment that
were registered and the rallies and campaigns that were taking place on a regular basis by
various social groups who were seeking protection of women in India.
After the Bhanwari Devi incident, many women groups came on streets demanding recognition
of their rights as citizens of India and urging the government to take necessary actions to
prevent ill-treatment of women at workplaces.

At that time, the legal system of our country did not have proper legislation that could ensure the
satety of women at workplaces and provide just and fair punishment to people who indulge in
the heinous crimes of rape and sexual harassment. The rules that were provided by the legal
system at the time were often used by the men who were accused of Sexually Harassing the
women to their advantage.

Also, there was no rule regarding the obligation of employer to provide support and assistance
to his employee who is a victim of sexual harassment. The employers would throw these women
victims out of the jobs to escape the liability and further consequences. This would leave the
victim hopeless and unsecured.

With the growing number of crimes against women being reported, there was an urgent need for
a new set of laws that punishes the wrongdoers and ensures that women are protected at their
workplaces but a new set of legislation would take a lot of time to be enacted.
Thus, the Vishaka guidelines came into existence to provide a set of guidelines to prevent
sexual harassment of women at workplaces and ensure that the people who indulge in the act
of sexual harassment are given a justifiable punishment.

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Features of the Vishaka guidelines

The main ingredients of the guidelines issued by the Hon 'ble Supreme Court of India are
elucidated as follows

a. Definition of Sexual Harassment

The guidelines issued by the Supreme Court widens the meaning and scope of sexual
harassment. It defines sexual harassment as an unwanted sexual determination which is
directly or impliedly intended to cause the following:

a .Physical contact or advances.

b. A demand or request for sexual favours.
c. Sexually coloured remarks.
d. Showing pornography.
e. Any other unwelcome conduct whether it is physical, verbal or non-verbal.
f . Provide a safer working environment

It is the duty of each employer to provide a safe working environment for each and every
employee working in the organisation to grow and prosper. This involves taking adequate steps
towards protecting the interest of the women employees and ensuring that none of the
employees indulges in the practice of sexual harassment. Appropriate disaiplinary action must
be taken by the employer if any case regarding sexual harassment or ill-treatment of a woman
employee is found.

B. Duty of employer of file complaints

The guidelines also lay down the obligation of the employer to fle a complaint if the conduct
towards an employee amounts to a criminal offence which is punishable under the Indian Penal
Code. The employer needs to initiate an action and ensure that the witnesses are not further
victimised.

C. Complaint redressal committee

The guidelines make it mandatory for all organisations to set up a complaint redressal
committee in order to ensure that the complaints of the employees are dealt with properly and
suitable action is taken in response to such a complaint.

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.d. Employer to assist the employee if she is sexually harassed

If the employee is sexually harassed or tortured by a third party, like in the case of Bhanwari
Devi, an employer should assist the employee in every possible manner. This was not the case
in the Bhanwari Devi case where the employer denied all responsibilities and did not assist
Bhanwari Devi in attaining justice.
The guidelines provide that the employers are required to assist the employees in terms of both
preventive actions and support to these victims.

E. Duty of employer to assisst the employees if she is sexually harassed

If the employee is sexually harassed or tortured by a third party, like in the case of Bhanwari
Devi, an employer should assist the employee in every possible manner. This was not the case
in the Bhanwari Devi case where the employer denied all responsibilities and did not assist
Bhanwari Devi in attaining justice.

The guidelines provide that the employers are required to assist the employees in terms of both
preventive actions and support to these victims.

e. Duty of employer to spread awareness

It is also the duty of the employer to spread awareness in his organisation with regard to the
matters pertaining to sexual harassment and the safety of women. This can be done by notifying
the employees time as well as conducting workshops and devising other interactive ways to
make the female employees aware of their rights.

F.Duty of government to widen the scope of these guidelines

The guidelines also urge the centre and the state government to pass the necessary legislation
so as to ensure that the private sector is also bound by these guidelines. This would help in the
growth and prosperity of the women as well as the nation as a whole.
The Vishaka guidelines were later on replaced by the Sexual Harassment of women at the
workplace (prevention, prohibition and redressal) Act, 2013. The new act passed in 2013
broadens the definition of aggrieved women to involve women of all ages, in order to suit the
modern-day conditions. It also broadens the scope of the term workplace which was earlier
limited only to the traditional office set-up9

9
AIR 1997 SC 3011

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8. Other Laws Pertaining to Workplace Sexual Harassment

A.Indian penal code

A Conduct that may be construed as sexual harassment Act not only violates the Prevention of
Workplace Sexual Harassment Act, but also could constitute an offence under the PC. Listed out
below are the key offenses under the IPC that could be triggered in a case of Standing sexual
harassment.
section 209, IPC - Obscene acts and songs- Whoever, to the annoyance of others:
a) does any obscene act in any public place or
b) sings, recites or utters any obscene
song, ballad or words in or near any public place shall be punished with imprisonment of either
description for a term which may extend to three months or with fine or both.
(Cognisable,bailable and triable offense)

Section 354, IPC -Assault or criminal force to a woman with the

intent to outrage her in modesty -whoever assaults or uses criminal force to any woman,
intendingto outrage or knowing it to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term which may extend to two years, or
with fine or both.

Section 509, IPC- Word, gesture or act intended to insult the modesty of a woman
whoever intending to insult the modesty of any woman utters any word, makes any sound or
gesture, or exhibits any object intending that such word or sound shall be heard, or that such
gesture or object shall be seen by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which may extend to one year, or
with fine, or both. (Cognisable and bailable offense)10

10
Indian penal code ,Bare Acts

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B. Industrial Disputes Act. Rule 5 Schedule 5- Cases can (and have been) argued on
he basis of unfair labour practices listed in this schedule. Such cases can be filed if an
employee suffers unfair dismissal or denial of employment benefits as a consequence of
he rejection of sexual advances. However, this would only be applicable in quid pro quo
cases.
Shehnaz Mudbhatkal vs Saudi Arabian Airlines - Shehnaz was subjected to sexual
harassment by her boss in 1985, and dismissed when she complained to higher authorities. Her
case was won in 1996 when the Bombay labour court judged it to have been a case of unfair
dismissal under the Industrial Disputes Act. It ordered her re-instatement with full back payment,
perks and promotions.

C. The Indecent Representation of Women (Prohibition) Act (1987):- Although it is not

knownto have been used in cases of sexual harassment, the provisions of this act have the
potential to be used in two ways. First, if an individual harasses another with books,
photographs, paintings, fims, pamphlets, packages, etc. containing 'indecent representation of
women'; they are liable for a minimum sentence of two years.
Second, a 'hostile working environment' type of argument can be made under this act. Section 7
(Offences by Companies)- holds companies where there has been indecent representation of
women' (such as the display of pornography) on the premises guilty of offenses under this act.
Cognisable, bailable offense; with a minimum sentence of two years)

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9. Judicial verdict on Sexual Harassment of women in workplace

The Bhanwari Devi case

The Bhanwari Devi case is one of the most significant cases among the cases of
women's safety as it paved the way to the Vishaka guidelines. The developments of the
case are elucidated as under.

Facts of the case

Bhanwari Devi was a Dalit government employee who was engaged in spreading
awareness about hygiene and education and running campaigns against dowry and
child marriage. As a part of her employment, she was helping a young girl who was forced to
marry at a young age by her parents.

However, there were powerful political personalities and influential people involved and
she failed to stop the child marriage from happening. She tried to resist and carried out
a rally but she was not able to stop the marriage from happening. In order to take
revenge for the rallies and campaigns instituted against them, a group of people
attacked Bhanwari Devi when she was walking along the road with her husband. She
was gang-raped by these men.

Bhanwari Devi fled a criminal case of rape against these men. However, she was not
taken seriously by the policemen and other law officers. It took the policemen fifty-two
hours to file the complaint.
Also, the Rajasthan High Court acquitted all these men of rape on various grounds that
women cannot be gang-raped in front of her husband and that the village head cannot
be indulging in such acts.

The Rajasthan High Court convicted the five men of assault whose degree of
punishment is much lesser than the crime of rape.

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The Aftermath

The judgement by the Rajasthan High Court gave rise to a series of rallies and protests
by various women safety organisations and the general public. The protesters were
lathi-charged by the police. However, the crowd did not stop protesting and the people
were determined to force the government and the legal system to provide justice to
Bhanwari Devi.

What followed was the case of Vishaka and Ors v. the State of Rajasthan which resulted
in the formation of the Vishaka guidelines.

Vishaka and Ors. v. State of Rajasthan

A group of non-profit organisations who worked towards the safety of women filed a
petition in the Supreme Court of India seeking justice for Bhanwari Devi and thereby,
the appropriate punishment for the men involved in gang rape. They filed public interest
litigation by the name of Vishaka and contended that the fundamental rights of Bhanwari
Devi were violated. They also sought a new set of guidelines for the protection of
women
The NGOs also mentioned the point of safety of women at workplaces in the PIL fled
owing to the fact that the employer of Bhanwari Devi did not accept any responsibility
though the reason that Bhanwari Devi was raped was due to the work that she was
supposed to perform as part of her employment. Hence, the PIL sought to develop a
new set of guidelines for the safety of women at workplaces.
The Judgement
The judgement was given by a 3 Judge bench which held that the fundamental rights
provided under Article 14, Article 15, Article 19(1)Ng) and Article 21 of the Constitution of
India are violated by the act of sexual harassment.
The court brought out the Vishaka guidelines for the protection of women at their
workplaces and providing a safer working environment to the women.11

11
Ibit at page 9

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In Rupan Deol Bajaj Vs KPS Gilli12 A senior IAS officer, Rupan Deol Bajaj was slapped on
the posterior by the chief of police, Punjab Mr. KPS Gill at a dinner party in July 1988. Rupan
Bajaj has filed a suit against him. The Supreme Court in January, 1998 fixed Mr. KPS Gill Rs.
2.5 Lacs in lieu of three months.Rigoroues Imprisonment under sections 294 and S09 of the
Indian Penal

In N Radhabai Vs. D Ramachandrant13 When Radhabai, Secretary of D Ramachandran the

then social minister for the protested against his abuse of girls in the welfare institutions, he
attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995,
passed the judgment in her favour, with pay and perks from the state of dismissal.

In Alexander v. Yale14", Alexander and Reifler alleged that they were sexually harassed by a
flute teacher and hockey coach, respectively, and that Yale provided no procedure through which
they could complain. Pamela Price alleged a classic case of what is now known as quid pro quo
sexual harassment, when a course instructor offered to give her an 'A' if she complied with his
sexual demands. Lisa Stone alleged that her discussions with a fellow female student who had
been harassed and could not make a complaint distressed her and deprived her of the tranquil
atmosphere necessary to her education. Ann Olivarius alleged that the absence of a procedure for
complaining about sexual harassment forced her to expend her own time and money on helping
fellow students who had been sexually harassed, and that in the course of providing that help she
was threatened by individuals whom she was investigating, and that Yale failed to protect her
from those individuals. At the district court level, a male faculty member and Lisa Stone's thesis
adviser, John Winkler, alleged that the poisoned atmosphere arising from sexual harassment
made a good relationship with his students impossible. He did not join the other plaintiffs
appeal.The plaintiffs did not seek damages from Yale. Rather, they wanted the court to order
Yale to set up a Grievance Procedure for students who felt they had been sexually
harassed.Although the women did not win their case, they achieved their objectives: Yale
instituted a Grievance Procedure and a court held that sexual harassment constituted sex
discrimination

12
AIR 1996 SC 309,1996 cril 381
13
AIR SC 1995
14
631,F2nd civ.1980)114

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Conclusion

Despite the realization that the prosperity and growth of a nation depends upon the status and
development of its women as they not only constitute nearly half of its population, but also
influence of the remaining half of the population, the status is not better then ever before.
Overall, the conditions of women continue to remain deplorable despite constitutional safeguards
and judicial approach . It clearly indicates that a superficial acceptance of modern notions of
cquality of the sexes is scarcely enough to combat centuries old patriarchal ideas and institutions.
It proves about that there is very little seriousness of not only the Vishakha guidelines but also
the presence of complaint committee. The spirit of guidelines lies in its clause on prevention, but
in most cases a complaint committee is set up only once a case has been reported. In a survey
commissioned by for the national commission for women reveals poor compliance. It is a reality
that many women across India face, but few have the courage to speak against it. The guidelines
were laid in 1997 and in 10 years no law could be formulated and the draft bill so prepared is not
also acceptable. Moral education is very important and it starts from home. If a person is morally
sane then such a problem might not arise. Stricter law is necessary as well as its awareness. As
said above the laws find its place in limited resources. Laws need to be told at national level so
women are aware of there right. Mere warning to the accused won't solve the matter and the
employee should think for once about the women who faced it rather about its own reputation.
Bhanwari Devi's case bought sexual harassment into public glare in 1992; Vishakha guidelines
in 1997 created norms before a law could be made against sexual harassment and now we have
to wait for the final implementation of the sexual harassment of women at workplace bill. Ten
years on, awareness has increased but without and hard-core method to completely end it.
Despite the noble intention of the supreme court in issuing the above mentioned guidelines, fact
remains that they are observed in breach of all the talk of the making the workplace free of
sexual violence, is still a mirage. What people, whether men or woman: people inside the
parliament or outside; should think about is a statement by Justice Arjit Pasayat:
While a murder destroys the physical frame of the victim, a rapist degrades and defiles the soul
of a helpless women

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Bibliography

1. Books

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