Sexual Harassment at the Workplace

Sexual Harassment at the Workplace:

There is a pressing need to examine the aspect of sexual harassment at workplace from the perspective of emancipation of women as well as the abuse of the image in which a woman is cast. Furthermore, this definition of sexual harassment at workplaces is not restricted to women alone, as there are more and more cases where the victims are men. However, I shall be dealing only with the women’s perspective.

India doesn’t have any legislation to deal with sexual harassment at work places at the moment. The sexual harassment of women at work place (prevention, prohibition and redressal) bill, 2006 is still under consideration. Various women’s groups have been lobbying with Parliamentarians to get it passed at the earliest. However, only time will reveal as to when it shall actually come into force.

Till then, the guidelines that the Supreme Court has laid down in the Vishaka case are to be followed. These guidelines encompass a comprehensive definition of sexual harassment, directions for establishment of a complaint mechanism and the duty under which employers are obligated to obviate any such act. It also directs the legislators to formulate law on the basis of these guidelines. Abstract guidelines by the Supreme Court without any established mechanism to protect women in form of legislation mean that the only legal remedy available to fight this evil is approaching the Court under Art. 32 for violations of gender equality, right to life and liberty and right to profession which is subject to the condition of a safe environment safeguarded as fundamental rights under the constitution under Art. 14, 15 and 21.

In light of the legal scenario that surrounds sexual harassment, working women need to follow a code to protect themselves. Here are a few things you can do to keep yourself safe:

1. Be Aware: It’s the simplest thing for safety that one can pursue, rigorously and consciously. By being alert and detecting any signs of this heinous evil in your immediate surroundings, one can prevent such events from taking place. Precautions like dressing appropriately, compliment the need for awareness.
2. Trust your gut: No definition can comprehensively include all aspects of sexual harassment and it is subjective as well. There is no bracket formula to determine whether an act, perhaps bordering on somewhat ‘friendly’, constitutes an act of sexual harassment or not. But, for you, anything that puts you in a discomfort zone, some place that you’d want to extricate yourself from is sexual harassment.
3. Say no: The thin line of demarcation between sexual interest and sexual harassment shouldn’t be disregarded. A sexual interest can be doused by a negative reply. Also, just because the person concerned is a senior, does not mean you cannot say no. Sometimes, a stinging retort may work wonders; however, it can worsen the attention-craving situation of the perpetrator at times.

It is essential to remember that these are only the basic things that one can do to prevent such events from taking place and the first sign of any kind of serious trouble, should necessitate a proper complaint at an official level; either within the organization or before the police under section 354 of the Indian Penal Code dealing with assault or criminal force to a woman with the intent to outrage her modesty, section 509 dealing with word, gesture or act intended to insult the modesty of a woman or section 209 which deals with obscene acts or songs.

Night Shifts for Women:
Before the amendment in the Factories Act, under s.66 women were not allowed to work night shifts. However after the amendment was approved, women are permitted to work between 10 p.m. to 6 a.m. in sectors including the Special Economic Zone, IT sector and Textiles subject to the condition that the employers shall be obligated to perform the duty to protect them. This is clearly given in the proviso to the section which is as following: “provided adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honour and safety and their transportation from the factory premises to the nearest point of their residence”.

Hence, women can now work night shifts in these sectors. If you work the night shift, here are some things you have the right to expect, along with some tips for you:

1. You can demand that your employer have any or all of the following: female wardens, proper lighting, secure transport facility, security at entry and exit points etc.
2. Be extra careful to prevent any mishap by staying alert.
3. Always ensure you have company while going to and from work.
4. Keep the contacts of family, friends or relatives who can quickly be contacted in case of emergency.
5. If possible taking self defense classes.

Equal Opportunities for Women:
Not getting equal pay, being denied opportunities for growth and promotion are some examples of the kind of economic exploitation that women are subjected to in certain sectors. In spite of legislation in place (Equal Remuneration Act, 1976) it is widely observed that women are usually underpaid as compared to their male counterparts performing the same job. Delhi High Court in 2005 in its ruling in The Cooperative Store Ltd. (Super Bazar) v. Bimla Devi and other laid down that unequal pay is not only a violation of the said act but also, of Article 14 of the Constitution, Right to Equality. Furthermore, India is a signatory to the International Labour Organisation Convention for the Elimination of All Forms of Discrimination Against Women, to which India is a signatory, specifically to Article 11 that deals with the elimination of discrimination in the field of employment.

However, in spite of allegiance to an International Convention, having a specific legislation in force and a High Court ruling declaring equal pay to be incorporated in fundamental rights, the stark reality of the situation is different. Women still get underpaid. However, this problem in the organized specialized sector is guised and more subtle. Women are discriminated when it comes to promotion opportunities and not the blatant discrimination on the basis of pay for equal work.

What women can do in similarly placed situations? Here are some tips:

1. Be Aware and Assertive: when one is aware of her rights, can one assert the same by approaching the immediate head of the organization or the concerned authority.
2. Be an efficient and a good worker: The organization will be reluctant to lose an employee if you have carved out a niche for yourself and are in the least indispensable.
3. Form a Group: Collective bargaining is powerful, so by rounding up all the women in the organization who shall in most probability be facing the same or similar problem and dealing with the situation collectively is quite effective as well.
4. Seek Help: If things get out of hand, the only solution remaining is to approach the Courts.

These are the top three concerns that, as a working woman in India, one needs to know. The law of the land is extremely weak to address these key issues and needs to be focused on immediately. Various women’s groups are bringing to the attention of the parliament the lacunae in the law for working women in India. To create an environment for woman to work and explore her potential to the fullest is to experience gender equality.