Sexual Harassment at Workplace: Judicial Interpretation | Important Acts and Laws for Judiciary Exams PDF Download

Abstract

• Sexual harassment of women is a widespread issue globally, prevalent in both developed and developing nations. It transcends barriers of religion, culture, race, caste, class, and geography, permeating societies like a contagion.
• This form of harassment violates human dignity, rights, and gender equality, presenting a significant challenge worldwide. It is a multifaceted problem influenced by women's experiences, behaviors, and societal norms rooted in gender discrimination.
• In India, a shocking statistic reveals that a woman experiences sexual harassment every 12 minutes, underscoring the urgency of addressing this pervasive issue.
• Rapid industrialization, globalization, and advancements in various sectors have propelled significant shifts in the roles of women in India. Women are making strides in education, economics, politics, media, art, science, technology, and more.
• As women transition from traditional domestic roles to the industrial workforce, instances of offenses against them are on the rise. Despite the increasing prevalence of sexual harassment, reporting remains minimal due to fears of tarnished personal and professional reputations, as well as livelihood loss stemming from social stigma.

Sexual Harassment Laws in India

Understanding Sexual Harassment

• Sexual harassment is addressed in India under Section 354A of the Indian Penal Code, introduced through the Criminal Law (Amendment) Act, 2013.
• Acts that constitute sexual harassment include:
  • Physical contact and unwelcome sexual advances.
  • Demanding or requesting sexual favors.
  • Displaying pornography without consent.
  • Making sexually suggestive remarks.
• Prior to this addition, there were no specific laws in the IPC addressing these forms of harassment.

Existing Legal Framework

• Previously, Sections 294, 354, and 509 of the IPC were used to address such offenses.
• Section 294 pertains to obscenity in public and applies to both genders.
• Sections 354 and 509 are specifically focused on protecting the modesty of women.

Note: It is crucial to understand and respect the laws surrounding sexual harassment to ensure a safe and respectful environment for all individuals.

International Laws and Policies for Addressing Sexual Harassment in the Workplace

• United Nations General Assembly Resolution 48/104 on the Declaration on the Elimination of Violence Against Women:
  • The resolution defines violence against women to include sexual harassment, which is prohibited in various settings such as work and educational institutions.
  • It encourages the development of sanctions and preventative measures to eliminate violence against women.
• The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW):
  • States Parties are directed to take appropriate measures to eliminate discrimination against women in various fields, including law, governance, workplace, education, and healthcare.
• The Beijing Platform for Action:
  • Recognizes sexual harassment as a form of violence against women and discrimination.
  • Calls for the enactment and enforcement of laws on sexual harassment by governments and the development of anti-harassment policies by employers.
• The ILO Committee of Experts on the Application of Conventions and Recommendations:
  • Confirms that sexual harassment is a form of sex discrimination under various conventions.
• The International Covenant on Economic, Social and Cultural Rights:
  • Recognizes women's right to fair working conditions and prohibits sexual harassment in the workplace.

Constitutional Expansion

• The Constitution of India upholds the right for every individual to engage in any profession, occupation, trade, or business under Article 19(1) (g).
• Women are constitutionally entitled to participate in public employment; however, sexual harassment restricts this right, creating barriers to their involvement.
• Sexual harassment in the workplace endangers women, placing them at a disadvantage compared to other employees, thus impeding their ability to exercise their constitutional rights.
• Sexual harassment at work violates the right to life and personal liberty guaranteed in Article 21, which safeguards individuals from being deprived of their life or personal freedom.
• The right to livelihood is an essential component of the right to life; hence, sexual harassment directly infringes upon this right.
• In order to ensure a meaningful life under Article 21, women should be free from obstacles, discrimination, and gender-based biases, including sexual harassment.
• The Constitution aims to provide "Equality of status and opportunity" to all citizens, a principle that is undermined by sexual harassment.
• Upholding gender equality in the Constitution necessitates recognizing a woman's right to privacy as integral to her right to life and liberty.
• Sexual harassment not only violates a woman's dignity but also her right to earn a livelihood with dignity, contradicting fundamental and human rights principles.

Case Analysis

Background of the Case

• Bhawari Devi, a village social worker in Rajasthan, faced sexual harassment at her workplace when she reported a child marriage incident.
• Following her assault, various organizations and activists supported her, leading to a Public Interest Litigation for women's protection.

Supreme Court's Observations

• The Supreme Court highlighted issues of gender inequality, violence against women, and the absence of specific domestic laws on workplace sexual harassment.
• It emphasized the interpretation of international conventions to ensure gender equality and protect women's rights at work.

Judicial Response

• The Court invoked Article 32 for enforcing fundamental rights and introduced the Vishaka Guidelines in 1997.
• These guidelines mandated immediate prevention of sexual harassment and protection of women in workplaces.

Legal Implications

• The guidelines, binding under Article 141 of the Indian Constitution, served as interim measures until formal legislation was enacted.
• They emphasized employer responsibility and set norms to combat workplace sexual harassment effectively.

Vishaka Guidelines

• Duty of Employers: Employers must prevent and deter acts of sexual harassment in workplaces by establishing procedures for resolution and providing necessary support.
• Definition of Sexual Harassment: Includes unwelcome sexually determined behavior such as physical contact, demands for sexual favors, sexually colored remarks, showing pornography, and other unwelcome conduct of a sexual nature.

Employer Obligations

• Explicitly prohibit sexual harassment in the workplace through notifications and publications.
• Include rules against sexual harassment in work conduct regulations with appropriate penalties.
• Ensure appropriate work conditions to prevent a hostile environment for women employees.

Actions to be Taken

• Initiate appropriate legal action if the conduct constitutes an offense.
• Take disciplinary action according to service rules for misconduct in employment.
• Establish a complaint mechanism for victims, ensuring confidentiality and timely resolution.

Establishment of Complaints Committee

• Ensure the committee is adequately composed, led by a woman, and involves a third party to prevent undue influence.
• Provide support services and maintain confidentiality for victims.
• Submit an annual report to the relevant government department on complaints and actions taken.

Legal Precedents

• Apparel Export Promotion Council v. A.K Chopra: Upheld dismissal of a superior officer for sexual harassment, expanding the definition to include unwelcome advances and creating a hostile work environment.
• Saudi Arabian Airlines, Mumbai v. Shehnaz Mudbhalkal: Case of termination due to refusal of sexual demands, leading to legal battles and reinstatement with compensations.

Gender Discrimination

• Sexual harassment is considered a form of gender discrimination violating fundamental rights.
• Any action or gesture outraging the modesty of a female employee falls under the definition of sexual harassment.

India's Progress in Women's Rights

• India is making significant strides in achieving its developmental goals, with an increasing number of women entering the workforce.
• The recognition of the right to protection against sexual harassment is crucial for upholding women's human rights, promoting independence, equality, and dignity at work.
• Example: Implementing laws and policies that safeguard women's rights in the workplace.

Addressing Sexual Harassment

• Socially and legally, dealing with sexual harassment at the workplace is a pressing issue that demands attention and action.
• It is essential to raise awareness among both employers and employees about the various forms of sexual harassment, preventive measures, and the legal framework in place to combat it.
• Example: Conducting regular workshops and training sessions to educate individuals about recognizing and preventing sexual harassment.

Preventive Measures

• Regular dissemination of information, circulars, and awareness programs are crucial in fostering best practices for addressing sexual harassment at work.
• Enhancing training programs and providing resources like handbooks on preventing sexual harassment can be instrumental in combating this issue.
• Example: Creating a comprehensive guide for employees on how to report and address instances of sexual harassment.

Quote on Impact of Sexual Harassment

• Comparing the impact of sexual harassment to the destruction caused by murder, emphasizing the profound harm it inflicts on the victim's psyche.
• Example: Explaining the long-lasting emotional and psychological effects of sexual harassment on individuals.