Sexual Harassment: Myths and Verity

Sexual harassment is a type of prejudice based on sex primly attacking the modesty, dignity, obeisance of an individual. When someone is sexually harassed at the workplace it can affect the persona in many ways; it can undermine the potential of a person to work and perform well at the workplace, can place a negative impact on the psychology of a person, change the behavior of a person with the co-workers, family and also effects the health of the employee. Employers who do not take steps for prevention of sexual harassment at workplace can suffer major loss in the productivity of the organization and suffer legal expenses if they are unable to fulfil the regulations prescribed under Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013(hereinafter referred to as “SH Act”). 

We have divided this article into various sections in order to provide ease of understanding to the reader about various complexities embargoed under SH Act. The article is divided under following categories-:

1.             History
2.         Sexual Harassment
3.       Compliance under SH Act
4.              Myths about SH Act

A.    HISTORY 

Sixteen years back a social worker “Bhavri” was brutally gang raped in a village of Rajasthan. The incident reveals the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate; and the urgency for safeguards by an alternative mechanism in the absence of legislative measures. Hon’ble Supreme Court, in the famous case of VishakaVs. State of Rajasthan and others, AIR 1997 SC 3011, the court laid down certain guidelines, known as vishaka guidelines, to be followed by every organization, but these guidelines were not adhered to by the organization in its true spirit. Finally aspecial act for sexual harassment titled Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“SH Act”) was enacted in December 2013

B.     SEXUAL HARASSMENT

Sexual Harassment results in the violations of fundamental rights of women of equality under

section 14 and 15 of the constitution of India and right to life and live with dignity under article 21

of the constitution of India and right to practice any profession, trade, business which includes a

right to have a safe working environment.

Sexual harassment includes any unwelcome behavior or act of conduct of sexual in nature.

Types of Sexual Harassment 

(i)  Quid Pro Que Sexual Harassment(This for That)

When a designated senior puts a condition to a female employee to perform certain act which is unwished assuring her for a favor in return. For instance, a senior proposing his junior/reporting employee to wear revealing clothes or to get intimate with him or to make sexual relations with him; and in return she will get benefits in her career or if resented she might have to suffer adverse employment actions. This concept is basically called “This for that

(ii) Hostile environment: 

·         Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail

·         A demand or request of sexual favor.

·         Asking for Verbal or Non Verbal advances;; 

·         Touching or grabbing ;

·         Repeatedly standing too close to or brushing up against a person; 

·         Repeatedly making sexually suggestive gestures;

·         Showing pornography through mail, or any other electronic media

C..    COMPLIANCE UNDER SH ACT

There are various compliance requirements which need to be adhered to by an organization. Without going into the details, the bullet requirements to be complied under the SH Act is as follows-:

(i)     Drafting and implementation of Sexual Harassment Policy-: The organization needs to carefully draft a sexual harassment policy which should cover the basic points such as-:

·      ICC Composition: names, designation and contact details of the ICC members.

               What constitutes as a sexual harassment act like verbal, physical, quid pro qou etc

(i)           Amendment to the Employment agreements-: What organization fails to do is to amend their employment agreements to be in tune with the SH policy. This is also an important aspect as the employee signs the obligations under the employment agreement at the time of joining.

(i)        Sensitization of the ICC and Employees-: This is one of the key factors to be adhered to by the organization for the prevention of SH at workplace.

·  Sensitizing the employees (both males and females) about sexual harassment, that constitutes sexual harassment and repercussion thereof.

                         D.  MYTHS ABOUT THE SH ACT-: There are various myths in the mind of people which are          actually not true and can really infiltrate the main purpose of SH Act. Some of the myths, as per the understanding and research of the author, which are in the mind of people are-:

(i)          Only female employees are required to be sensitized

The opinion that only female employees are supposed to be sensitized is wrong in fact it male employees are even more inherently required to be educated about the sexual harassment and the consequences which they might have to face and how the organization is not going to tolerate any such abominable act, as the main purpose of the act is prevention not punishment.               

(ii)        Asking out on a date or one-time incident leads to Sexual Harassment 

Asking out on a date for once cannot be held as a sexual harassment act as the incidents are requisite to be repetitive in nature and resentment to such act is shown / communicated by the female to the person that she is not interested but the person is constantly displeasing her. 

(iii)  People who feel harassed are from backward areas or have an orthodox      mentality. 

Getting uncomfortable due to side hug or a pat on shoulder or bum by a fellow colleague in the name of greeting does not reflect an orthodox mentality or depicts that person is from backward area; every person has its own comfort zone.     

(iv)        Inability to prove a complaint means a false or malicious complaint.           

Section 14 of SH Act states that when internal or local complaint committees arrive to a conclusion that allegation against respondent is malicious than in such case actions against that women or person making such a complaint can be taken. 

(v)   Only those women who wear revealing cloths or are attractive and young get sexually   harassed. 

Sexual harassment has nothing to do with the age or looks or clothing sense of a person or the way one talks, walks or greets the other person. It solely depends upon the mentality of the person who is blaming the other female for being independent, confident and bold. It is these people who needs to change.   

(vi)        Sexual Harassment instances are very rare.

Every girl at one point in her lifetime has got sexually harassed, in the form of an unwelcome touch or unwanted conversation or a forbidding comment, most of them do not get such a friendly atmosphere at their home to discuss it out with parents and few who might discuss it with their friends or family do not get that much support to fight back.

(vii)      Work places where more than 10 employees are present can form a   committee, else it is not required.

It is a myth that only organization where 10 or more employees are present can form ICC. In fact every organization should implement SH policy and form ICC, as if there would be no redressal mechanism then the victim employee will straight away approach police and that can lead to harm to reputation of organization as well as employer.   

IMPORTANT PRECAUTIONS WHICH ARE NECESSARY TO PREVENT SEXUAL HARASSMENT AT WORKPLACES:

·       Put CCTV cameras at those areas which are absolutely isolated in the office premises. Also in the cabins of supervisors and corridors.

           

·     Provide a “High Level Management Support System” for chief executive and senior management for implementing a comprehensive strategy to address sexual harassment so that, not only the compliance but a proper sanitization of the SH act can take place.

·  Periodically contacting lawyers, NGO’s and other capable authorities for the compliance of SH act in the organization.

CONCLUSION 

An increasing trend of complaints of sexual harassment at work places shows the increasing awareness. The main objective of Act is to ensure safe and secure environment to every women, irrespective of her age, employment status, freedom from all forms of sexual harassment by making the employer responsible for the same. Cases like TERI, Tehalka have set an example that how such eminent organizations faces loss of reputation if not complying with SH Act. The punishment prescribed for non-compliance under the SH Act is fine uptoRs. 1,00,000/- or cancellation of license to carry out the business/service by the organization, which mightultimately lead to defamation; attacking the name and goodwill of the organization. As a learned person has quoted that “it takes years to build reputation, but a moment to lose it”