Sexual(ish) Harassment at the Workplace

In the past few years, prevention of sexual harassment at the workplace has been a major goal of organisations around the world, especially so in India. 

With the Supreme Court ruling in Vishakha, and the subsequent Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, many think that there is adequate mechanism in place. 

There are, however, several challenges we are yet to overcome. 

Sadly, the harsh reality is that overstepping personal boundaries at the workplace is so commonplace, a lot of times even the victim is conditioned to think that it is acceptable behaviour. 

A friend recently lamented on her situation. A colleague at her new company was friendly. She was grateful. 

Informal conversations at her office usually went like this:

1. "How was your day?"

2. "Hope you're settling in well with the company"

3. "It is great to have you on board"

4. "We are all going out for lunch. Want to join?"

5. "How are things at home?"

A week onwards, the conversations evolved to this:

1. "You look upset today. Did you have a fight with your boyfriend? Do you have a boyfriend?"

2. "It's so nice that you water your plants daily. We should be watering them together."

3. "Would you like to have dinner on Friday?"

4. "Where do you hang out after office? We should go together"

My friend, and many other women I know, face this quasi-nonsexual but deeply uncomfortable barrage of advances from men, who I believe, don't know any better.

I suggested that she report this man. But when she herself is not sure how to interpret it, she declined. This is definitely not sexual harassment, she said, but it makes me very uncomfortable. 

I suggested the alternative. "Forward him Section 354D of the Indian Penal Code, and explain to him the situation. If he does not relent, report the matter."

Section 354D is the right tool to use in this situation. It might not be sexual harassment, but such conduct definitely falls within the purview of "stalking" as defined by the Indian Penal Code.

Section 354D states:

"Stalking1

(1) Any man who—  

follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking;

 Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

 in the particular circumstances such conduct was reasonable and justified.

 (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine."