Sexual Harassment Of Women At Workplace

INTRODUCTION
In the 21st century, In today’s modern era where the world has seen so much increase in
media and entertainment, technology and sports and welfare, women are still seen and treated
as mediocre and backward. They still face different kinds of problems in their day to day life.
One of such kind of problem is sexual harassment. Sexual harassment especially in
workplace.1
Sexual harassment is one of the most biggest problem of our nation and the whole world.
“The supreme court of india defined sexual harassment as any unwelcome sexually
determined behavior (whether directly or by implication) such as”2
1. Physical contact and advances,
2. A demand or request for sexual favors,
3. Sexually coloured remarks,
4. Showing pornography
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
It's hard to forget sexual harassment as an experience, and it's even tougher to remember. It is
a flagrant infringement on the equality and dignity of women. While sexual harassment
occurs in a variety of settings, such as the workplace, schools, and organizations, the majority
of women experience it in the workplace.3
As per Section 19(1)(g) of the Constitution of India, every woman has the right to participate
in public employment.Despite making up the majority of the world's population, gender bias
places women at a disadvantage in a number of situations. Male-dominated society had
exploited them and treated them violently. Workplace at sexual harassment is a type of
gender-based violence against women that infringes upon their human and constitutional
rights as well as their dignity, self-respect, and self-esteem.4
Understanding this notion can be challenging because it encompasses a wide spectrum of
activities; even victims find it challenging to articulate the experiences they have had. Despite
attempts at the national and international levels, there is currently no one definition that
encompasses all forbidden activities.
As the concept of sexual harassment is about power rather than physical desire, fear is
frequently a factor. In actuality, a lot of instances of sexual harassment occur when one
person has authority over the other, or when a woman works in a non-traditional profession
like that of a police officer, factory worker, company executive, or in any other typically male
occupation or male dominated occupation.5

1
Ipsita Mishra “india’s workplace sexual harassment laws need an update”
<https://idronline.org/article/rights/indias-workplace-sexual-harassment-laws-need-an-update>
2
Indian penal code,s354A
3
Nikunj keyal “sexual harassment of women at workplace”<
https://www.legalservicesindia.com/article/2114/Sexual-Harassment-of-Women-at-Workplace.html>
4
Ishwar singh rathore and medhansh Mishra “study on sexual harassment of women at workplace in india” <
https://www.ijlsi.com/20-study-on-sexual-harassment-of-women-at-workplace-in-india/>
5
“sexual harassment of women at workplace”<https://www.freelaw.in/legalarticles/Sexual-Harassment-of-
Women-at-Workplace>
It has also been noted that many instances of sexual harassment occur in the workplace, but
the victims are afraid to disclose these incidences to higher-ups or relevant authorities. They
are afraid to report such criminals who do such horrible crimes. Fear stems from a number of
sources, including fear of their boss, worry of potential social shame, fear of losing their job
or getting demoted, and fear that it would harm their career by leaving a stain on their résumé
and making them unhirable. Some women lack awareness; they are aware of the specific
criteria for sexual harassment but choose not to report it.6
To tackle this growing erroneous situation many nations have created legislative frameworks
and rules that require employers to provide a safe and courteous work environment for
women in order to address this issue. These rules seek to promote a culture of gender equality
and empowerment in the workplace by preventing and addressing cases of sexual
harassment.7

History of the act

The issue of women being sexually harassed is not a recent one; it has always existed and is a
long-standing phenomena that demonstrates men's dominance in society. One of the issues
that negatively affects women's participation in social and economic growth is sexual
harassment. It is becoming more well recognized that being subjected to such a demanding
and offensive experience at work, in an institution, or at home can affect an individual.
Civil society claims 70% of women have faced sexual harassment atleast once in their whole
life.8In India, sexual harassment at work has remained a major problem since the early 1980s.
The Forum Against Oppression of Women began taking action in the 1980s to stop sexual
harassment of nurses by doctors, patients and their male relatives, other staff members,
teachers by their principals, and students by professors, teachers, and other staff members in
both public and private institutions. However, nothing could stop the female social workers
and activists who battled workplace sexual harassment and attempted to make all incidents
public.9In 1997, the Supreme Court of India acknowledged that sexual harassment in the
workplace not only violated a woman's civil rights but also caused her personal harm, a first
for Indian courts.

The historic case of Vishaka and Others v. State of Rajasthan established standards for
stopping and investigating complaints from women who experienced sexual harassment at
work. According to the Guidelines, the Employer is responsible for creating a workplace that
is secure and welcoming to women.10

6
“Sexual harassment at workplace”
< https://districts.ecourts.gov.in/sites/default/files/Sexual%20Harssment%20at%20Workplace.pdf>
7
Handbook on social harassment of women in workplace”< https://wcd.nic.in/sites/default/files/Handbook
%20on%20Sexual%20Harassment%20of%20Women%20at%20Workplace.pdf>
8
Malavika Rajkumar “the history behind sexual harassment at workplace law”<
https://nyaaya.org/guest-blog/the-history-behind-sexual-harassment-at-the-workplace-law>
9
Reva b siegal “a short history of sexual harassment”<
https://law.yale.edu/sites/default/files/documents/pdf/Faculty/Siegel_IntroductionAShortHistoryOfSexualHarras
mentLaw.pdf>
10
Vishaka and Others v. State of Rajasthan A.I.R 1997 S.C. 3011, 1997 6 SSC 241, and JT 1997 (7) SC 384.