Chapter – 1: Introduction

CHAPTER - 1

INTRODUCTION

1.1. Background of the Study

Sexual harassment is an infringement of women‟s common liberty and an illicit type

of brutality against women in numerous nations. Generally, a vital and horrendous

part of sexual assaults on women is said to be the way that the attack is by all

accounts coordinated against the female species all in all, and not against individual

woman or even women of a sexually dynamic age. The perspective on ladies as sex-

object is excessively solid to the point that a female of all ages is responsible to be

exposed to sexual assault. It tends to be seen from different episodes across the world

that there is an inconceivably wide age scope of the victims of sexual savagery- from

multi month child to 83 year elderly person. The broad communication inclusions, or

exceptionally newspaper revealing, of instances of savagery against women has

expanded in the course of the most recent couple of years. This brings up a significant

issue regarding whether this mirrors an overall ascent in the episode of violations

against women, or a more noteworthy public mindfulness, and therefore, a more

prominent media interest. Simultaneously, it actually stays genuine that, of the

absolute instances of savagery against women, just a division is accounted for to the

police, and once more, just a little proportion of these cases get media exposure, for

the most part contingent on their thrilling person. In our nation where by far most still

lives in rustic regions and is generally unskilled, savagery against women announced

in the media to a great extent covers the metropolitan populace and accordingly in

exceptionally halfway. Women are sexually irritated sometimes prior to there was a

phrase for it. Women functioning in home have been focuses on sexual maltreatment

as well. Since industrialization, women functioning in production lines and

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workplaces have needed to bear unwanted offensive remarks and requests by

supervisors and associates as the cost of monetary endurance.

There are different kinds of wrongdoing against women in the general public yet the

most terrible one among them is the unwanted sexual advances. A sexual

exploitation/harassment is a social disgrace which is expanding in number

progressively.

Sexual exploitation/harassment is that social problem which has been perceived

universally as scary and the most abusing types of brutality since long. Sexual

harassment is genuinely harmful, creates an unfortunate and unproductive climate at

workplaces. Sexual harassment regularly falls under two classes, viz. “Quid pro quo

and production of a hostile working environment.”

Under “Quid pro quo (this for that)” type of harassment an individual or authority,

generally the holder of predominant character over the victim, requests sexual

blessings for providing or keeping a line of work advantage or compromises the

employee of dare outcomes, if the conditions are not met.

A “hostile work environment” emerges when an associate or director or predominant

character at work establishes such a work environment through verbal or actual lead

that meddles with someone else's work execution or establishes the workplace

environment as is scary, hostile, embarrassing or experienced as an assault on close to

home pride.

Sexual harassment harms the actual body as well as rips off the spirit of the woman. It

has been precisely said by Justice Arjit Pasayat, “While a murderer destroys the

physical frame of a victim where a rapist degrades and defiles the soul of helpless

women.” There are different sorts of sexual offences against women. The issue of

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rape has turned into a political issue and that in it ought to be a replica for women

from corner to corner of the world. The issue of rape isn't the sole problem of India

alone. UN reports shows that the United States, Sweden, and different countries in the

worldwide North have bigger quantities of rape cases. In 2012, a review led in New

Delhi and observed that “92% of women announced having encountered some type of

sexual viciousness out in the open spaces in the course of their life, and 88 percent of

women revealed having encountered some type of verbal sexual harassment in the

course of their life.”1

In the present day, in India, the opposition of women against sexual brutality is more

noticeable than any other time in recent memory. A specific episode featuring the

predicament of women might be brought up by the media and the power to enforce

bodies and government to act. Later it has been observed in many such cases like,

from „Nirbhaya Case‟ to that of „Tehelka Case‟. That whether the way that law ought

to be implemented in a sovereign state is happening? Are the main violations that are

going to be punished, be just the ones out of which political mileage or media

inclusion are given? Whether the law following a crowd mentality?

1.2. Statement of the problem

Most likely there are a few laws passed to forestall the unwanted sexual advances and

different associations are working to raising the mindfulness and understanding on the

unwanted sexual advances issues. At this urgent stage, there lies a quick need to

discover the reasons for the development of unwanted sexual advances cases, to

examine the outcomes and analyze the implementation of the present authoritative

arrangements and associations, job of legal executive and to recommend pertinent

ideas chasing after forestalling the evil of the sexual harassment in India.

1
UN Women (2013); https://www.unwomen.org; Accessed on 07.12.2019

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 Chapter – 1: Introduction

The human beings, living in the 21st Century, feel proud of the advancement of

science and technology of the country and India is one of the most powerful country

of the world. India has achieved many things externally in the world but in certain

cases India becomes weak to resolve the internal matters as well. For, the main factor

is the mindset of the people.

People talked about science and technology but they are not willing to accept the

empowerment of women. Because the people still believe in patriarchal society. They

always wanted to suppress women and their powers.

In the 21st century, people are able to adopt domestic animals as pets like dogs and

cats etc. but contrary to it, they ignore to accept or marry a rape victim or any other

victims of offensive sexual advances. Society call a victim of sexual harassment a slut

and nobody want to accept them. If a person marries a fatality of sexual exploitation

or any other crimes, it becomes national news but in case of a man, the society forgets

all the facts. But, they will not take lessons from any inspiring incidents.

In many regions of our country if a person raped or sexually exploited a woman,

society called him „mard‟ (real man). People suppress the women, whatever the case

may be, whether it can be morally, physically, sexually or economically.

The Indian legislatures made various laws relating to the “prevention of sexual

harassment of women.” In criminal law, many provisions were added by the

Government in 2013, but there is no awareness in the society regarding such

amendment. The students studying in various colleges and universities are aware

about the law relating to sexual harassment. The main causes for not controlling the

sexual harassment cases in India are the lack of awareness and patriarchal structures

in every sector.

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1.3. Scope of the Study

This exploration/ research concentrates on cover every one of the angles identified

with sexual harassment at work place in India. To get a comprehensive perception

work is made to concentrate on the “Sexual Harassment of Women at workplace

(Prevention, Prohibition and Redressal) Act, 2013” and its importance in the existing

of Indian culture. This exploration would cover the entire region which expresses the

provisions made by governing body and legal approach for understanding of these

laws for the anticipation of unwanted sexual exploitation at workplace. So with the

assistance of different case laws, the researcher would dissect this thought in Indian

laws.

This exploration also covered the international perspectives on sexual harassment at

workplace and also covered the legislative frameworks of various countries.

1.4. Aims/ Objectives of the Study

1) To understand various factors those are responsible for sexual harassment of

women at workplace.

2) To understand the efficacy of law relating to sexual harassment at workplace.

3) To understand the role of law at international level in controlling of sexual

harassment of women at workplace.

4) To understand the provisions related to sexual harassment at workplace among

various countries.

5) To understand the role of Judiciary in controlling of sexual harassment at

workplace.

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1.5. Research Questions

1) What causes are responsible for sexual harassment of women at workplace?

2) Whether the Indian Laws are sufficient for controlling the issue of sexual

harassment of women at workplace?

3) Whether the punishment system available in law is sufficient to curb the

menace of sexual harassment at workplace?

4) Whether the present role played by various international organisations is

sufficient to control sexual harassment of women at workplace?

5) Whether judicial response can control the crimes relating to sexual harassment

at workplace?

1.6. Research Methodology

The current research work is “doctrinal in nature.” Notwithstanding, helpful

information has been provided to make the postulation significant and sensible at

whatever point needed since work. This review depends on the „Doctrinal Research‟

along these lines, essential and optional sources have been utilized to reach at the

unmistakable resolution by recommending different measures. The current review is

coordinated around legitimate propositions including to examination the different

authoritative provisions with uncommon reference to the “Sexual Harassment of

Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.” The current

work additionally involves descriptive research techniques and understanding through

utilizing various wellsprings of material with the assistance of primary and secondary

sources. The research work based on constitutional provisions, Act and Statutes,

Decisions of Supreme Court and various High Courts along with cross cultural

process on the issue of sexual harassment at workplace. The primary sources like

authoritative enactments, resolutions, conventions, government orders, committee

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reports, reports from government authorities including gazette notifications are the

premise of the study. The secondary data is gathered structure books identified with

sexual harassment at workplace from different University libraries including others

publications, for example, Journals, Magazines, Digests and different periodicals

having reference to the current review. Further, the utilization of the web by visiting

various sites with the assistance of different web indexes for gathering applicable

information‟s from those sites of the world everywhere relating to the investigation of

this subject. The review is doctrinal in nature; subsequently the discoveries and ends

would be founded on subjective investigation.

1.7. Limitation of the Study

Since the scope of sexual harassment of women is very wide. The researcher limited

his research solely on sexual harassment at workplace. To meet the goal of the

research, the researcher tries to cover the rights of women guaranteed by Indian

Constitution and lewd crimes against women defined by Indian Penal Code.

The researcher has confined the study with reference to 15 countries namely- Algeria,

Australia, Bangladesh, Canada, Finland, Malaysia, Mexico, Pakistan, Russia, South

Africa, Spain, Sri Lanka, Turkey, United Kingdom and Zimbabwe only. The

researcher mainly focused the legislative frameworks with special reference to Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013. This study also focused the judicial frameworks developed by Indian judiciary

into three stages i.e. Pre-Vishaka; Vishaka and Post-Vishaka. The researcher also tried

to find out different types, causes and impact of sexual harassment of women through

literature review. Along with this study covers different definitions on sexual

harassment developed by various international organizations. This study is completely

doctrinal in nature. The researcher used mainly secondary data to complete the study.

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1.8. Operational Definitions

Sexual Harassment:

According to Section 354A of Indian Penal Code, 1860, when a man is committing

any of the following acts:

a. Physical contact and advances involving unwelcome and explicit sexual

overtures; or

b. A demand or request for sexual favours; or

c. Showing pornography against the will of a woman; or

d. Making sexually coloured remarks, shall be guilty of the offence of sexual

harassment.

Criminal Law (Amendment) Act, 2013

Aggrieved woman:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act recognizes the right of every woman to a safe and secure workplace

environment irrespective of her age, employment or work status. Hence, the right of

all women working or visiting any workplace whether in the capacity of regular,

temporary, ad hoc, or daily wages basis is protected under the Act. It includes all

women whether engaged directly or through an agent including a contractor, with or

without the knowledge of the principal employer. They may be working for

remuneration, on a voluntary basis or otherwise. Their terms of employment can be

express or implied. Further, she could be a co-worker, a contract worker, probationer,

trainee, apprentice, or called by any other such name. The Act also covers a woman,

who is working in a dwelling place or house.

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Workplace/ work space:

A workplace is defined as any place visited by the employee arising out of or during

the course of employment, including transportation provided by the employer for

undertaking such a journey. As per this definition, a workplace covers both the

organised and unorganised sectors.

It also includes all workplaces whether owned by Indian or foreign companies having

a place of work in India. As per the Act, workplace includes:

a. Government organisations, including Government Company, corporations and

cooperative societies;

b. Private sector organisations, venture, society, trust, NGO or service providers

etc. providing services which are commercial, vocational, educational, sports,

professional, entertainment, industrial, health related or financial activities,

including production, supply, sale, distribution or service;

c. Hospitals/Nursing Homes;

d. Sports Institutes/ amenities;

e. Places visited by the employee (including while on travel) including

transportation provided by employer;

f. A dwelling place or house.

The Act defines the Unorganised Sector as:

a. Any enterprise owned by individual or self-employed workers engaged in the

production or sale of goods or providing services of any kind;

b. Any enterprise which employs less than 10 workers.

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Employer:

An employer refers to:

i. The head of the department, organisation, undertaking, establishment,

enterprise, institution, office, branch or unit of the Appropriate Government or

local authority or such officer specified in this behalf.

ii. Any person (whether contractual or not) responsible for the management,

supervision and control of a designated workplace not covered under clause

(i).

iii. A person or a household who employs or benefits from the employment of

domestic workers or women employees.

Appropriate Government:

As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, Appropriate Government means:

I. In relation to a workplace which is established, owned, controlled or wholly or

substantially financed by funds provided directly or indirectly-

a. By the Central Government or the Union Territory administration, the

Central Government;

b. By the State Government, the State Government;

II. In relation to any workplace not covered under sub-clause (I) and falling

within its territory, the State Government.

Sexual intercourse by person in authority (custodial rape):

According to Section 376C of Indian Penal Code, 1860, whoever, being:

a) In a position of authority or in a fiduciary relationship; or

b) A public servant; or

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c) Superintendent or manager of a jail, remand home or other place of

custody established by or under any law for the time being in force, or a

women‟s or children's institution; or

d) On the management of a hospital or being on the staff of a hospital, abuses

such position or fiduciary relationship to induce or seduce any woman

either in his custody or under his charge or present in the premises to have

sexual intercourse with him, such sexual intercourse not amounting to the

offence of rape, shall be punished with rigorous imprisonment of either

description for a term which shall not be less than 6 years, but which may

extend to ten years, and shall also be liable to fine.

1.9. Chapter Schemes

The present research study is divided into nine chapters. These are as under:

Chapter - 1: Introduction articulates the problem, aims and objectives of the study.

The chapter in addition to other things covers brief introduction of the problem of

sexual harassment at work places. The chapter is therefore, introductory in nature.

Chapter – 2: Review of Literature is basically based on review of various literatures

on workplace sexual harassment. In this chapter, the researcher reviewed national and

international journals, books, legislations, and other relevant periodicals to understand

the pros and cons of workplace sexual harassment.

The researcher reviewed the definition of sexual exploitation/harassment at workplace

given by different countries, international organisations and Indian perspective also.

In types of workplace sexual harassment, the researcher reviewed the traditional and

legal types of workplace harassment.

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Specifically, the researcher reviewed the literatures in following order:

a. Definition of sexual harassment.

b. Types of sexual harassment.

c. Underlying causes of sexual harassment.

d. Review of international researches.

e. Review of Indian researches.

Review on specific issues of sexual harassment:

a) Sexual harassment, its nature and extent;

b) Order of sexual harassment;

c) Workplace;

d) Victims of sexual harassment;

e) Harassers of sexual harassment and job status between victim and harasser;

f) Physical attractiveness and harassment; and

g) Awareness regarding workplace sexual harassment of victims.

Chapter – 3: International Frameworks on Sexual Harassment of Women at

Workplace is mainly focused on enactments includes the- Universal Declaration of

Human Rights; Convention on the Elimination of All Forms of Discrimination against

Women; International Covenant on Economic, Social and Cultural Rights;

International Covenant on Civil and Political Rights; UN Special Rapporteur on

Violence against Women: its Causes and Consequences; International Convention on

the Protection of the Rights of All Migrant Workers and Members of their Families

(CRMW); Indigenous and Tribal Peoples Convention, 1989; Discrimination

(Employment and Occupation) Convention; Declaration on the Elimination of

Violence against Women; Fourth World Conference on Women; The Beijing

Declaration and the Beijing Platform for Action; International Labour Organisation;

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World Health Organisation etc. The objective of this segment is to find out the

functioning of these universal institutions.

Chapter – 4: National Legal Frameworks on Sexual Harassment at Workplace

focused on legislative enactments by legislature which includes such as the Indian

Constitution 1950, Indian Penal Code 1860, and Criminal Amendment Act 2013 etc.

An attempt has been made to analyze the various provisions of these legislations as

well as their efficacy to prevent the evil of sexual harassment at work place in India.

The researcher specifically made an attempt specifically on the enactment made by

the legislature „The Sexual Harassment of Woman at Workplace (Prevention,

Prohibition and Redressal) Act, 2013‟ to analyze the provisions of the Act 2013.

Apart from this, the researcher tried to focus on Supreme Court guidelines on Vishaka

case and the way it impacted in Indian legal aspect in preventing of workplace sexual

harassment.

Chapter – 5: Legislative Frameworks Developed by Various Countries on

Prevention of Sexual Harassment at Workplace specifically covers different

lawmaking approaches developed by different countries on the prevention of

unwanted sexual exploitation of women at workspace. The researcher combined the

legislative enactments of different countries to make the concept of unwanted sexual

exploitation at workplace precise and clear.

Chapter – 6: Judicial Pronouncements on Sexual Harassment of Women at

Workplace covers the role played by the judiciary in preventing the sexual

harassment of women at work place in India, including the specific trends of judiciary

in respects of a number of issues including the brief review of definition of sexual

harassment etc.

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The role of judiciary plays a vital role to eliminate the evils of the society. Likewise,

in prevention of unwanted sexual exploitation, Indian judiciary is playing a great role

from the beginning. For better understanding of this chapter, the researcher divided

this chapter in following heads:

A. Pre-Vishaka judgements.

B. The Vishaka case and its impact.

C. Post-Vishaka: some other Judgements.

Chapter – 7: Role of Statutory Bodies, NGOs and Media in Prevention of Sexual

Harassment covers what role can play by these organisations in prevention of

unwanted sexual exploitation. It is impossible to fight against unwanted sexual

exploitation at workplace with laws and policies alone. But in prevention of unwanted

sexual exploitation, the role of various statutory bodies, NGOs, media and other

organisations is very important. The researcher focused on some statutory bodies and

non-statutory bodies to make clear the role on their part in prevention of sexual

harassment. The researcher specifically focused to make the chapter precise as per the

following heads:

I. Role of Human Rights Commission in prevention of sexual harassment.

II. Role of National Commission for Women in prevention of sexual harassment.

III. Role of NGOs in prevention of sexual harassment.

IV. Role of Media in prevention of sexual harassment.

V. Role of Trade Related Organisations in prevention of sexual harassment.

Chapter – 8: Conclusion and Suggestions covers fruitful conclusions drawn on the

basis of the study and some important suggestions have also been made in this chapter

at the end to make the study more useful.

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