Published on: 22nd January 2025
Authored by: Mallagari Parvathi
Mahatma Gandhi Law College
Introduction
Sexual harassment is an experience that is hard to forget and even harder to remember. It is an obvious violation of women’s equality and human dignity, and sexual harassment occurs in many places like workplaces, schools, institutions, and it is at the workplace where most women experience harassment. As per Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, sexual harassment includes one or more of the following unwanted acts or behaviors (whether direct or implied): making multiple requests, asking for sexually colored comments, showing pornography, and other unwanted physical, verbal, or non-verbal behavior of a sexual nature. Even in today’s modern times, independent women face harassment, injustice, and unequal treatment at the workplace. According to Article 19(1)(g) of the Constitution of India, every woman has the right to work in the public service. Though women form most of the world’s population, they have been undervalued in many situations due to gender discrimination. They are victims of exploitation and violence in a male-dominated society. Sexual harassment at the workplace is a form of gender-based violence against women that not only violates their dignity, self-respect and self-esteem but also violates their human and constitutional rights.
For the past 30 years, Bhanwari Devi, a woman from Rajasthan, has been reminiscing that horrific day every time she went to the Supreme Court. Bhanwari Devi left her job as a ‘Saathin’ three and a half years ago, but it was her downfall. She was raped as she reported a child marriage in her village. Bhanwari Devi took up courses on the justice system and continues to fight in court, inspiring many like Vishaka Women Rehabilitation Organization. They went to the Supreme Court to challenge the inadequacies of the law in ensuring safety for women at work, and thus the ‘Vishaka Guidelines’ were born.
Vishaka Guidelines
These guidelines were issued because of a petition filed by Vishaka and four other women’s organizations from the state of Rajasthan and Delhi. From the famous case, Vishaka & Ors. vs. State of Rajasthan & Ors. (1997), the Vishaka Guidelines were framed. In this case, the Supreme Court noticed that “working women are facing sexual harassment, in the absence of legislative measures and the depravity, and the urgency of alternative protective mechanisms in the absence of legislative measures.” The guidelines issued are as follows:
- The government should enact stringent laws to prohibit sexual harassment of women in both the public and private sectors.
- It is the right of every employee to have a safe atmosphere around them and this right stays as duty of the employer and other person towards employees.
- An employer must assure that all employees, who are working, are safe and in harmonious and pleasant atmosphere.
- If an employee had abused or sexually harassed, then the employer must take disciplinary action.
- Organizations should set up a grievance redressal committee, which should consist of at least 50% women to have understanding conversation.
- Employers must support another employee who is a victim of sexual harassment and create awareness against sexual harassment.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force by replacing Vishaka guidelines.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act]
In 2013, the authorities enacted this Act “to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.” This Act guarantees that the workplace will be free from sexual harassment and provides secure as well as stable surroundings for women. As per Section 3(1) of the POSH Act, 2013, “No women will be subjected to sexual harassment at any place of business.” Moreover, Section 19(a) illustrates that Every organization ought to “provide a safe and secure environment at the workplace which shall include protection from sexual offenses and getting into touch at the workplace.” Few provisions of the POSH Act, 2013 stated as:
Internal Complaints Committee
As per Section 4 of the POSH Act, 2013, each organization ought to stand for a Committee for attending proceedings from the employers. The participants involved in this committee include:
- Presiding Officer (women)
- 2 members from the employees (having social experience)
- An outside member (from NGOs or institutions having experience in sexual harassment issues)
At least 3 participants of the Internal Complaints Committee ought to be female. They have maximum time of 3 years.
Procedure of Complaint
Section 9 of the POSH Act, 2013, provides specific information on how to report a complaint both with Internal Committee and Local Committee against sexual harassment. Aggrieved women can lodge a complaint within 3 months of the incident date.
Conciliation
A complaint between the parties to the dispute may be resolved by way of means of the Local committee or Internal Committee on the aggrieved women’s request under Section 10 of the POSH Act, 2013.
Compensation
Aggrieved woman shall be liable to compensation and Section 15 of the POSH Act, 2013 decided several factors on the grounds of which compensation shall be awarded. The elements include:
- Aggrieved operating women suffered from pain, emotional distress, mental trauma, and suffering because of sexual harassment
- Medical costs for bodily or psychiatric treatment
- Loss within the profession opportunity
- Financial reputation of the alleged culprit
- Whether or not lump sum or installment bills are feasible
False or Malicious Complaints
Section 14 of the POSH Act, 2013, decides the steps to take against the complainants who make false or malicious complaints.
Duties of the Organization
POSH Act, 2013, additionally highlights the obligations of the organization in case any women worker from the organization faces sexual harassment and Section 19 of the POSH Act, 2013 illustrates numerous obligations including:
- To provide a stable, safe and secure surroundings
- To make women aware concerning the measures or steps to take for submitting a complaint
- To deal with sexual harassment as a misconduct in keeping with the service rules
- To provide necessary necessities of Internal Committee or Local Committee, and numerous others
Indian Penal Code, 1908 and Sexual Harassment
According to the Indian Penal Code, 1908, any form of sexual harassment is a criminal offense and is punishable in nature. Section 354 of Indian Penal Code, 1908, says that any act outraging the modesty of a woman is an offense. Under the Criminal Amendment Act, 2013, more sections have been added to the IPC, 1908 making sexual harassment a criminal offense. The sections referring to sexual harassment are:
Section 294 of Indian Penal Code, 1908
Any act of obscenity in a public area or singing, uttering, or reciting obscene songs in or close to any public area resulting in disturbance to the public is punishable either with imprisonment for a term which may extend to 3 months or fine or both.
Section 354 of Indian Penal Code, 1908
This Section deals with punishment to the person, who assaults or uses any criminal force against a woman with the intent to outrage her modesty.
Section 354A of Indian Penal Code, 1908
Any man who commits an offense such as a demand or request for sexual favors, making sexually colored remarks, unwelcome sexual overtures, and showing pornography against the will of a woman is punished with rigorous imprisonment that may extend to 3 years or 1 year in case of making sexually colored remarks, or a fine or both.
Section 354B of Indian Penal Code, 1908
Any man who assaults or uses criminal force against any woman or abets such act with the intention of undressing or forcing such women to be naked, shall be punished with imprisonment that should not be less than 3 years but may extend to 7 years, or fine.
Section 354C of Indian Penal Code, 1908
Any man who watches, or takes the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the observer or by any other person, disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than 1 year, but which may extend to 3 years, and fine, and be punished on a second or subsequent conviction, with imprisonment that shall not be less than 3 years, but may extend to 7 years, and fine.
Citations
- In Rupan Deol Bajaj v. Kanwal Pal Singh Gill (1995), the accused hit a woman on the back at a public meeting. The complainant was an I.A.S officer who filed an F.I.R. against the accused. The learned Chief Justice of Chandigarh found the accused guilty under Sections 354 and 509 IPC, 1908. The Supreme Court consulted the Oxford Dictionary to find out the meaning of the word “modest”. The perpetrator’s actions were found to have violated the woman’s modesty. The case is also known in the media as the “butt-slapping case.”
- In Aureliano Fernandes vs State Of Goa (2023), the Supreme Court directed the central and state governments to examine whether committees have been set up in all ministries and departments to investigate allegations of sexual harassment at the workplace. The committees can only function if the woman confronts the perpetrator and files a complaint. If she does not file a complaint, the expert committees cannot do anything.
Conclusion
In conclusion to this article, I hereby conclude that the sexual harassment of women in the workplace is a social sin and there should be a set of laws which may be harsh to face. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, mandates that every organization must take concrete steps to prevent and address sexual harassment. This law requires employers in every organization to set up a committee within the workplaces and ensure sexual harassment is not happening in the workplace. By adhering to the POSH Act and bringing up a safe and inclusive workplace culture, organizations not only fulfill their legal responsibilities but also contribute to a more equitable, respectful, and empowering work environment for women, where it clearly establishes, “The Dignity of the Nation is the Dignity that it gives its Women”. Laws on Sexual harassment are crucial for creating a society where everyone can work with dignity and without fear.
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References
- https://www.freelaw.in/legalarticles/Sexual-Harassment-of-Women-at-Workplace
- https://devgan.in/ipc/section/354B/
- https://lawrato.com/indian-kanoon/ipc/section-354c
- https://lawbhoomi.com/rupan-deol-bajaj-anr-vs-kanwar-pal-singh-gill-anr/
- https://indiankanoon.org/doc/68723184/