List of Editorials

Introduction

Even at this age where the world has progressed towards recognizing equality among gender parity, a continuous increase can be witnessed in sexual harassment complaints at the workplace.

Sexual Harassment at Workplace

• Any sort of unwelcome sexual advance, unwelcome request for sexual favors or any other unwelcome conduct of a sexual nature that makes a person feel offended, humiliated or intimidated can be considered sexual harassment.
• Sexual Harassment at the workplace is dealt by the legislative enactment – The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, (POSH ACT).
• Where the victim of Sexual Offence is a minor the legislation that comes into play is The Protection of Children from Sexual Offences Act, 2012 (POCSO).

Vishakha Guidelines

• In the case of Vishakha and others v. State of Rajasthan (1997), the Supreme Court laid down Vishakha guidelines which are to be followed by establishments in dealing with complaints about sexual harassment.
• The guidelines passed in this case are as follows:
  • It is the duty of every employer to deliver a sense of security to every women employee.
  • Government should make strict laws and regulations to prohibit sexual harassment.
  • Any act of such nature should result in disciplinary actions and criminal proceedings should also be brought against the wrong doer.
  • The organization should have a well-set-up complaint mechanism for the redressal of the complaints made by the victim and should be subjected to a reasonable time.
  • This complaint mechanism should be in the form of complaint committee which need to be headed by a women member and at least 50% of the committee members should be women so that victims do not feel ashamed while communicating their problems.
  • This complaint committee should also have a third-party involvement in the form of an NGO or other body which is familiar with this issue.
  • There is a need for transparency in the functioning of this committee and for that there is a requirement for the submission of an annual report to the government.
  • Issues relating to sexual harassment should not be a taboo in the workers meeting and should be discussed positively.
  • It is the duty of the organization to aware the female employees about their rights by regularly informing them about the new guidelines issued and legislation passed.
  • The employer or the person in charge is duty biased to take the necessary and reasonable steps to provide support to the victim of sexual harassment takes place due to the act or omission of the third party.
  • These guidelines are not limited only to government employers and should also be followed by employers in the private sectors.
• The case of Medha Kotwal Lele & Ors. v. Union of India & Ors (2012) helped in the implementation of the guidelines formulated in Vishakha’s case by issuing notices to all states and the union territories to impart the necessary steps.

Legal Provisions

POSH Act, 2013

• Enacted in the year 2013 by the Government of India, this Act superseded the Vishakha guidelines.
• It aims to create a safe and conducive work environment for women and provide protection against sexual harassment.
• Section 2(n) of this Act defines the term Sexual Harassment. It states that Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: -
  • physical contact and advances; or
  • a demand or request for sexual favors; or
  • making sexually colored remarks; or
  • showing pornography; or
  • any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
• Section 3(2) of the Act mentions the circumstances which lead to sexual harassment. As per the section the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment -
  • implied or explicit promise of preferential treatment in her employment; or
  • implied or explicit threat of detrimental treatment in her employment; or
  • implied or explicit threat about her present or future employment status; or
  • interference with her work or creating an intimidating or offensive or hostile work environment for her; or
  • humiliating treatment likely to affect her health or safety.
• Sections 4 and 6 of the said legislation provide for the Constitution of Internal Complaints Committee and Local Complaints Committee respectively.
• As per Section 26, any sort of non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000 and repeated violations may lead to higher penalties and cancellation of licence.

Conclusion

Gross misuse of authority needs to end, and the present redressal mechanism does not seem enough for that. This problem can only end if power is equally held by all genders. The time needs women who speak for them and act for them to reduce the gender inequality gap.