NAVIGATING WORKPLACE BOUNDARIES: ADDRESSING SEXUAL HARASSMENT CHALLENGES
ABSTRACT
Sexual harassment is experienced by women in a variety of settings, including the workplace and personal spaces. The laws in India about?sexual harassment of women at work, as well as assault and abuse of women at work, are thoroughly examined in this research paper. Additionally, this paper explains how the Criminal Law (Amendment) Act of 2013 reads with the Prevention Sexual Harassment of Women at Workplace Act of 2013, under various sections prescribed under relevant legislation, to discourage?criminals from engaging in crimes such as voyeurism, stalking, and other crimes involving sexual harassment, assault, or use of criminal force on women with the intent to disrobe her. Unquestionably, women have endured a great deal of suffering, mistreatment, and brutality at the hands of men since the beginning of time. Legislation has been enacted to restrict and control the commission of such offenses, but putting these laws into practice is difficult and fraught with difficulties. This paper looks at the problems and difficulties that arise with enforcing The Sexual Harassment of Women at Workplace (Prevention, Prohibition,?and Redressal) Act of 2013 against sexual harassment of women.
KEYWORDS: Sexual Harassment, Stalking, Workplace, Assault, Voyeurism.
In contemporary times marked by modernization and globalization, there has been a notable surge in crimes against women, as well as a profound shift in the way these crimes are committed. From the beginning of time, violence against women has been pervasive and a major source of concern for a wide range of stakeholders, including lawmakers, judges, philosophers, and everyday people. Violence is one facet of human behavior that is comparatively widespread among people worldwide. Even though older teenagers and young adults are more likely to use violence, age is not a barrier to violence. Violence is harmful to the individual using it as well as to others who see or witness it. It can cause psychological or physical harm?or even both.
Sexual harassment is described as unwelcome sexual gesture or behaviour whether directly or indirectly like sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/ non- verbal conduct being sexual in nature and/ or passing sexually offensive and unacceptable remarks. The factor which is crucial in such kind of offences is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. The Prevention of Workplace Sexual Harassment Act has been enacted with the objective of preventing and protecting women against sexual harassment at workplace and for the effective redressal of complaints of sexual harassment. The statute strives to fill the legislative vacuum on the subject and provide every woman, irrespective of her age or employment status, a safe and secure working environment free from all forms of harassment. The year 2013 also witnessed the promulgation of the Criminal Law (Amendment) Act, 2013 (“Criminal Law Amendment Act”) which criminalized offences such as sexual harassment, stalking and voyeurism.
Although there was no specific law against sexual harassment at workplace in India but, many provisions in other legislations protected against sexual harassment at workplace, such as Section 354 Indian Penal Code which deals with assault or criminal force to any woman with the intent to outrage her modesty and section 509 Indian Penal Code which deals with “word, gesture or act intended to insult the modesty of a woman”. Sections 354A, 354B, 354C and 354D were added in the Code with effect from 13th February 2013 to dissuade criminals from indulging in sexual harassment, assault, or use of criminal force to women with intent to disrobe her, voyeurism and stalking etc., by the Criminal Law Amendment Act 2013.
It is a sad reality that the majority of women in India have either been assaulted or harassed, or know someone who has, and yet the issue remains kept under wraps and taboo. In contemporary culture, it can be difficult for women to speak up about the violence they encounter, and when they do, women confront societal pressure, internalized oppression, assault, smear tactics, intimidation, and perhaps other kinds of harassment. Living in dread of being labeled as an outcast or a disruption discourages women from denouncing their abusers. In contrast, the absence of backing, harassment, and the anguish of coming to court and repeating the trauma are more draining on the victim than on the perpetrator. After an assault, evacuees frequently incur psychological trauma, and when the perpetrators go exonerated and are revered in society, it can be an agonizing experience for the survivor. A cursory examination of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 allows us to form opinions regarding the Act and its application in society as a whole. The Act defines sexual harassment and makes it possible to pursue retribution by establishing the framework for filing a complaint and investigating the matter, alongside the measures that must be taken.
The Prevention of Workplace Sexual harassment Act extends to the ‘ whole of India ’ and stipulates that a woman shall not be? subordinated to sexual? harassment at her plant. It's vital to emphasize that the legislation? simply protects women and isn't intended to be gender-neutral legislation. An'? displeased woman' regarding a plant, in? agreement with the Act, is a woman of any age, whether employed or not, who asserts to have been? subordinated to any act of sexual? harassment. The Prevention of Sexual harassment at Workplace Act in India pertains to both the organized and unorganized sectors. The? enactment, inter alia, applies to government bodies, private and public sector associations,non-governmental associations, associations carrying out? marketable, vocational, educational, entertainment, artificial,? fiscal conditioning, hospitals and nursing homes, educational institutes, sports institutions and? colosseums used for training? individualities and a? lodging place or a house. Prevention of sexual? harassment is? mandatory to secure safety at plant for every person, keeping in tandem with our Constitution which speaks about right to? equivalency at plant. But having said that, it's imperative that security, safety and a conducive atmosphere for women is? handed at the plant and it's also important to understand the challenges faced in doing so and in the? perpetration of The Prevention of Sexual harassment of Women at Workplace( Prevention, Prohibition, and Redressal) Act, 2013.?
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The Prevention Sexual harassment of Women at Workplace Act, 2013, defined sexual? harassment under section 2( m) as? unpleasant, sexually determined physical, verbal ornon-verbal act against a women. Sexual? harassment of women is bullying or? compulsion of a sexual nature, or the? unpleasant or? unhappy? pledge of? prices in exchange for sexual favours. Sexual? harassment is illegal and every incident of? similar kind of? harassment at the plant results in the violation of abecedarian rights under the Constitution,? videlicet, right to gender? equivalency and right to life and liberty. profitable independence inter alia is one of the important reasons put forth for the acceptance and the commission of offences against women.? In India, the Calcutta High Court lately passed a verdict “Complaints for Same- gender sexual harassment will now be maintained under Prevention Sexual harassment of Women at Workplace Act, 2013”. This judgment was passed in the case of Dr. Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College [WAPA 9141 of 2020]? by the single bench of Hon’ble Justice Sabyasachi Bhattacharyya. Section 2(m) of this Protection of Women from Sexual harassment at Workplace Act, 2013, refers the term ‘replier’ as ‘a person’ irrespective of his/ her gender, including all genders. Further the High Court contended that there is nothing in section 9 of the Protection of Women from Sexual harassment at Workplace Act, 2013, to avert a same- gender complaint under the Act. It was act noted under section 2( n) of the Protection of Women from Sexual harassment at Workplace Act, 2013, that the term “ Sexual harassment ” has been pertained to the? quality of the person related to his/ her fornication and gender and the people of the same gender are no different and hence, cannot be? barred.? In Vishaka v. State of Rajasthan,the Supreme Court held that one of the logical consequences of incidents of sexual? harassment of women at plant is the violation of the women’s abecedarian right under Composition( 19)( 1)( g) of Constitution of India i.e., to carry on any occupation, trade, or profession. Carrying on any occupation or profession depends on the vacuity of a safe working terrain being subordinated to sexual harassment at their plant exposes women to pitfalls and hazards and places them in an? illegal position when compared to other? workers which in turn has a? mischievous effect on their capability to realize their? naturally guaranteed right under Composition 19( 1)( g) of Constitution of India. In England & Wales High court (Queens division Bench) in, Walker v. Northumberland County Council, is the first sexual harassment case, where psychiatric damages were awarded by the Court arising out of occupational stress. Hence, it becomes clear that injury might include stress.?
????????????As per the POSH Act, 2013 against sexual harassment, the Investigation Committee (IC) appointed by every association has been conferred with immense power and this being a unique conception that can be abused to bring about a massive change in the way sexual harassment cases are handled, getting the right people into the commission itself poses a major challenge.? Another challenge faced in the perpetration of the Act is owing to lack of particular substantiation in utmost cases, it's a daunting task for the Investigation Committee to come to a fair conclusion within a quested timeframe to be met as per the guidelines of the Act.? Sexual harassment of only those who identify themselves as women is considered under this Protection of Women from Sexual harassment at Workplace Act, 2013, which has caused discomfort and passions of being discerned in workers in certain associations. Companies face a major challenge in their bid to come up with gender neutral programs.
?The prevention of sexual harassment Act,2013, has no provision for dealing with anonymous complaints. It is complicated for organizations even though many crimes are reported discreetly owing to many considerations such as dread, reluctance, and distress. Even if the employer is not legally compelled to evaluate such incidents, it is essential that the Investigation Committee members investigate the case in the true meaning of the law. Ignoring errant behavior does not constitute a wise idea. Some of the key points about Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013-
Organizations are a part of the society and hence, each one of us must become a part of the change at the grassroots level. Stress should be laid upon the fact that the only way forward is for all of us to look at prevention of sexual harassment Act, 2013, as an enabling Act and not a policing Act. While the Act can be relooked at for adding more strength to it and making it all-encompassing but primarily, we need to create the wider environment for the legislation to yield results. Sensitization workshops to understand mindfulness and consent, political representation and systematic advancement of the thought, and a leader to guide and show the way are the need of the hour.
In conclusion, Sexual harassment of women is an aberration which is prevalent in every nation and is widely rampant in our country too. When compared to other offences it is comparatively of recent origin and sexual offences against women in their workplaces have become more prolific, as the number of women seeking employment is on the rise. In such a situation it becomes the responsibility of the government, the employer and in fact every member of the society to create such an environment within in her workplace where every woman feels safe and protected. The Protection of Women from Sexual Harassment at Workplace Act of 2013, is a significant step in ensuring women's workplace safety and a harassment-free work environment. To relieve the fear of retaliation for filing a sexual harassment complaint, the legislation should establish rigorous anti-retaliation provisions. To achieve the goals of the Prevention Sexual Harassment of Women at Workplace Act, 2013 , businesses and workers must collaborate and work together to ensure or establish a safe workplace environment for women. The procedure available through the Protection of Women from Sexual Harassment at Workplace Act, 2013, allows women in India to file a complaint with the Internal Complaints Committee (ICC) to address any type of sexual harassment they have experienced at work. Internal complaints committee (ICC) does not disclose the identity of the victim. Social Media is supporting in creating a Zero – Tolerance culture to any form of sexual harassment and this in turn has helped spread awareness on various circumstances regarding the sexual harassment. Needless to mention, sexual harassment at workplace continues to remain one of the most sensitive issues that needs to be dealt with immense care and sensitively.