BREAKING THE SILENCE: TACKLING WORKPLACE HARASSMENT ACROSS GENDERS.
This blog examines the pervasive topic of workplace sexual harassment, focusing on the PoSH Act of 2013 and its ramifications. It includes global findings from a combined ILO, LRF, and Gallup study, which found that approximately 23% of working people have experienced workplace violence and harassment, with women being more inclined to share their experiences.
The conversation moves on to the issues that males confront, emphasizing the lack of gender-neutral legislation. Adopting gender-neutral regulations and raising awareness through training sessions are two ideas for reducing harassment. The blog continues by calling for immediate action to enact comprehensive legislation that guarantees equal protection to all, questioning societal norms, and encouraging individuals, particularly males, to speak out against harassment.
The PoSH Act, 2013, short for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, is a significant legislation introduced by the Government of India in 2013 to combat sexual harassment women encounter in the professional sphere.
Aiming to establish a secure and favourable work environment, the Act encompasses a broad definition of sexual harassment. This includes unwelcome acts like physical contact, sexual advances, demands for sexual favours, making sexually coloured remarks, showing pornography, and any other unwanted physical, verbal, or non-verbal conduct of a sexual nature.
The roots of the PoSH Act trace back to a landmark judgment by the Supreme Court in 1997, known as Vishakha and Others v State of Rajasthan. In this case, the court formulated the 'Vishakha guidelines,' which laid the foundation for the subsequent enactment of the PoSH Act in 2013. The Supreme Court drew inspiration not only from these guidelines but also from constitutional provisions such as Article 15, which prohibits discrimination based on religion, race, caste, sex, and place of birth.
Furthermore, the Supreme Court derived support from international conventions and norms, including the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993. This multifaceted approach underscores the PoSH Act's comprehensive framework, addressing national and international dimensions to ensure a safe and inclusive work environment for women.
Cultural differences, information availability, and exposure shape varying perceptions of sexual harassment. It's subjective, with one person's harassment being seen as acceptable behaviour by another. Regardless of gender, anyone can be a victim in various settings.
However, obtaining accurate statistics on male victims is challenging due to underreporting. The lack of robust laws protecting men against sexual harassment compounds this issue. Despite Article 14 of the Indian Constitution advocating for equality, the reality differs in terms of safeguarding against sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 exclusively identifies women as victims, limiting men's scope for filing complaints.
A new joint analysis by the International Labour Organization (ILO), Lloyd’s Register Foundation (LRF), and Gallup reveals that almost 23% of people in employment worldwide have experienced violence and harassment at work, encompassing physical, psychological, or sexual forms. The study, conducted in 2021 with nearly 75,000 employed individuals across 121 countries, indicates that women are more likely to share their experiences (60.7% compared to 50.1% of men). Globally, 17.9% reported psychological violence and harassment, 8.5% faced physical violence and harassment, and 6.3% experienced sexual violence and harassment, with women being particularly affected.
Sexual harassment is commonly associated with male workers harassing female colleagues, perpetuating the misconception that it exclusively affects women. The media often reinforces stereotypes portraying women as helpless and subservient, contributing to a culture where men are expected to conform to toxic masculinity. Patriarchy has not only posed challenges for women but has also created setbacks for men, confining them to predetermined notions.
Despite Article 14 of the Indian Constitution emphasizing the right to equality, legislation tends to focus more on women's issues. While effective laws exist for preventing workplace sexual harassment against women, cases involving men have seen a slower rise. Existing laws, such as Sections 354, 354B, 354C, 354D of the Indian Penal Code, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, primarily address women.
However, sexual harassment transcends gender and revolves around power dynamics. Women in positions of power can also be perpetrators. Despite a majority of reported cases involving women as victims, instances of female-on-male and male-on-male workplace sexual harassment are increasingly prevalent. The gender-biased nature of current laws, particularly the 2013 Act, raises concerns about violating Article 14 by exclusively protecting women who have experienced harassment.
While India may seem to lack specific laws protecting men from sexual harassment, not all legislation on this issue exclusively targets women:
- Section 377 of the IPC criminalizes non-consensual sodomy, recognizing men as victims of rape. However, it's not applicable when the perpetrator is a woman.
- The Protection of Children from Sexual Offences Act of 2012, criminalizing harassment of those under 18, is gender-neutral for both perpetrator and victim.
- The Criminal (Amendment) Act 2013 (Nirbhaya Act) takes a gender-neutral stance on acts like acid attacks, allowing anyone, regardless of gender, to file complaints.
- The University Grants Commission Regulations of 2015, preventing sexual harassment in educational institutions, is also gender-neutral.
Reasons for Underreporting of Sexual Harassment Against Men:
Beyond the absence of gender-neutral laws, cases often go unreported due to:
1. Social stigma and fear of humiliation: Stereotypes surrounding masculinity discourage men from reporting harassment, fearing ridicule for not conforming to societal norms.
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2. Lack of awareness: Many people are unfamiliar with the concept of men being victims of harassment. Assumptions that women cannot be perpetrators lead to male victims questioning their experiences and worrying about not being taken seriously. Surveys indicate a significant percentage of participants reporting harassment by female colleagues, challenging prevailing perceptions.
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Addressing the issue of rising sexual harassment against men in the workplace is crucial. Equal awareness about workplace harassment is essential, recognizing that men can also be victims. Justice should be accessible to all genders, requiring laws that provide equal protection for men and women. Everyone, regardless of gender, has the right to live free of harassment. Establishing a discrimination-free environment is vital in preventing serious crimes like sexual offences. Achieving this goal necessitates equal rights and remedies for men. The focus should be on creating gender-neutral laws to effectively combat workplace sexual harassment for all, irrespective of gender identity.
Organizations can take a proactive approach by adopting a gender-neutral Prevention of Sexual Harassment (POSH) Policy, enabling anyone encountering workplace harassment to file a complaint. Despite the non-gender-neutral nature of the POSH Act, organizations have the flexibility to establish an inclusive POSH policy independently. Such policies empower addressing complaints from employees of all genders, utilizing the organization's Code of Conduct policy.
Fostering awareness and sensitivity stands out as another impactful strategy in preventing sexual harassment against men. Regular training sessions should underscore that sexual harassment is a crime against individuals, transcending gender boundaries. These sessions should assert a firm zero-tolerance stance, regardless of the gender and roles of the individuals involved. Training initiatives should also illuminate the reporting mechanisms accessible to male employees.
For men grappling with workplace sexual harassment, certain organizations may have a gender-neutral POSH Policy. In such instances, men can report incidents to the Human Resources department, treating them as a breach of the organization's Code of Conduct policy. While not equivalent to legal action, this step marks a crucial beginning in addressing their experiences.
The heart of the issue with sexual harassment lies in its potential to affect individuals of any gender. It is crucial for everyone, regardless of gender, to feel protected by the law, emphasizing the need for equal legal safeguards. In a society that values gender equality, laws should reflect this balance, being genuinely gender-neutral. Current societal norms often make it challenging for men to speak up about sexual harassment, as they face the expectation to handle such incidents humorously, disregarding any discomfort they might feel. Unfortunately, there is neither a law nor a safe platform for men to discuss and address their experiences of molestation or harassment.
There is an urgent call for laws that provide equal protection to men as they do to women, ensuring that everyone has the right to live free from harassment. This change requires dismantling gender discrimination and acknowledging that both women and men can be victims of sexual assault. Despite the existence of the Sexual Harassment of Women at Workplace Act in India since 2013, the law needs to evolve to encompass harassment against men. The constitution should extend effective protection to all individuals vulnerable to sexual assault, breaking down social stigmas and fostering awareness. For this to happen, individuals, especially men, need to bravely come forward, but societal acceptance of men as potential victims is a crucial first step.
Q1: Why is the PoSH Act, of 2013, significant in addressing workplace sexual harassment?
A: The PoSH Act, or Sexual Harassment of Women at Workplace Act, 2013, is pivotal as it aims to combat sexual harassment faced by women in professional settings. Its broad definition and comprehensive framework contribute to establishing a secure work environment.
Q2: How prevalent is workplace harassment globally, and are there gender disparities in reporting?
A: According to a joint analysis by ILO, LRF, and Gallup, almost 23% of employed individuals worldwide have experienced violence and harassment at work. Women, more likely to share their experiences, reveal a gender disparity in reporting (60.7% compared to 50.1% of men).
Q3: Do existing laws adequately address sexual harassment against men in the workplace?
A: Despite some legislation recognizing men as victims, like Section 377 and the Nirbhaya Act, there is a need for broader, gender-neutral laws to protect men from harassment and ensure equal access to justice.
Q4: How can organizations proactively address workplace sexual harassment for all genders?
A: Organizations can adopt gender-neutral Prevention of Sexual Harassment (POSH) Policies, providing an inclusive framework for addressing complaints. Regular training sessions can also raise awareness and promote a zero-tolerance stance.
Q5: Why is societal acceptance crucial for addressing workplace harassment, especially for men?
A: Societal norms often hinder men from reporting incidents of harassment due to expectations of toxic masculinity. Breaking down stereotypes and fostering societal acceptance of men as potential victims is a crucial first step toward creating a harassment-free workplace for all
https://elearnposh.com/major-laws-against-harassment-of-men-in-india/ (December 5, 2023, 1950 hrs)
https://blog.ipleaders.in/sexual-harassment-of-men-at-workplace-need-for-a-legal-framework/ ( December 5, 2023, 2115 hrs)