Sexual harassment at workplace is a grave issue which remained unaddressed for the longest time, continuously violating women’s right to equality, right to life and liberty guaranteed under the Constitution of India and hampering their social, political and economic emancipation. The need for a legislation on this issue was observed by the Supreme Court in the case of Vishaka v. State of Rajasthan (1997) 6 SCC 241 wherein the Court framed guidelines against sexual harassment at workplace and also directed the Central Government to draft a legislation on the same issue.
The guidelines laid down by the Supreme Court in the Visakha case made it mandatory for every employer to establish and provide a mechanism for redressal of grievances and complaints pertaining to sexual harassment at workplace, which were being followed by employers till the enactment of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. As per the Vishaka judgment, ‘Sexual Harassment ‘includes such unwelcome sexually determined behavior (whether directly or by implication) as:
- Physical contact and advances
- A demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal or nonverbal conduct of sexual nature.
Where any of these acts are committed in circumstances under which the victim
of such conduct has a reasonable apprehension that in relation to the victim’s
employment or work (whether she is drawing salary or honorarium or voluntary service, whether in government, public or private enterprise), such conduct can be humiliating and may constitute a health and safety problem, it amounts to sexual harassment in the workplace. It is discriminatory, for instance, when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work (including recruiting and promotion), or when it creates a hostile working environment. Adverse consequences might result if the victim does not consent to the conduct in question
or raises any objection thereto.’
The Act applies to both, organized and unorganized sectors in India, applying to government bodies, public and private sector organizations, non-governmental organizations and organizations carrying out vocational, commercial, educational, industrial, financial and entertainment activities, hospitals and nursing homes, sports and educational institutions, and also apply to a dwelling place or house.
One important provision under the Prevention of Sexual Harassment Act is the constitution and establishment of Internal Complaints Committee at every office of the organization or institution having more than 10 employees to redress complaints pertaining to sexual harassment and where the number of employees is less than 10, a Local Committee has to be set up in every district by the District Officer. The Internal Committee shall comprise of a Presiding Officer who shall be a woman employed at a senior level at the workplace from amongst the employees, 2 members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge, and 1 external member from an NGO or an association committed to the cause of women.
The Act lays down a comprehensive complaint mechanism, also making provisions for friends, relatives, co-workers, psychologist and psychiatrists to file the complaint where in certain situations the aggrieved woman is unable to make the complaint due to mental or physical incapacity or death. The Act also prescribes a penalty of Rs. 50,000 for non-compliance with the requirements under the provisions of the Act and harsher punishment/revocation of business licenses in case of repetition of offence.
It is trite to mention that apart from compliance with the provisions of the Act, employers shall ensure adequate promotion of gender-sensitization and creating awareness amongst employees about the need for a safe working environment for all genders. Workshops, seminars and interaction with people having legal knowledge will not only sensitize the employees but will also encourage and provide impetus to women, to speak up and come forward against any instances of sexual harassment faced by them at workplace.