Sexual harassment shall include such unwelcome sexually-determined behaviours, such as physical contacts and advances, sexually coloured remarks and innuendo, showing pornography and making demands, whether by words or by actions, directly or indiretly. Such conduct can be humiliating and may constitute a health and safety problem.
 
`Sexual harassment is discriminatory, because it has the effect of limiting women's rights to opportunities, generally available because of attributive rather than actual characteristics. Sexual harassment is a complete issue involving men and women, their perceptions and behaviour and the social norms of the society. It is not confined to any one level, class or profession. It can happen to executives, factory workers, rural development workers, change agents, and so on. It occurs not only in the workplace and in the classroom, but it also occurs in the courtroom and the lawyer's chambers.'
- Naina Kapur (Advocate, Supreme court of India) in "Sexual Harassment and vitimisation of Women at the Workplace
Source: `Women's Rights at the Workplace:Emerging Challenges and Legal Interventions' (CED REF:B.A21B.B60)
 
 

Supreme Court Judgement

INTRODUCTION

The Supreme Court judgement on Sexual Harassment of working women in the case of Vishakha vs. the State of Rajasthan (August 1997) has initiated debate on the issue not just among women’s groups, lawyers and activists; but also among women in the workplace. For the first time, behaviour that can be considered sexual harassment has been explicitly legally defined.

Supreme Court Guidelines

The guidelines are significant in that, for the first time sexual harassment is identified as a separate category of legally prohibitive behaviour. Sexual harassment should be considered a separate legal offense not because it is less serious (as some have argued), but because it is taken less seriously.

They identify the critical factor in sexual harassment as the unwelcomeness of the behaviour. Thus it is the impact of behaviour on the recipient, rather than the intent of the perpetrator which is to be considered. By doing so they conform to the internationally accepted standards for sexual harassment. However, as experience in other countries shows, the complainant has to prove the "unwelcomeness" of the behaviour. Anything less than a clear rejection of sexual advances could then create problems. Particularly in the absence of witnesses or other concrete proof, it often becomes the complainant’s word against the harasser’s.

Also notable is the fact that the guidelines have - again in accordance with international standards - identified sexual harassment as a question of power exerted by the perpetrator on the victim. Further, in addition to sexual harassment being a violation of the right to safe working conditions the Guidelines also proclaim it to be a violation of women’s right to equal opportunity in the workplace.
 
 

 Impact of Sexual Harassment on Women:-
To understand the impact of sexual harassment on women one must listen to the account of its victims as no one conveys the meaning and truth of sexual harassment better than the women who have endured it. In response to the question "What kind of emotional response does eve teasing /sexual harassment evoke in you", not a single woman ticked the category of "indifferent". for more...
 
 
 
 

Types of Sexual Harassment

• Verbal or physical contact with the intention of sexual relations  may be quid pro quo - i.e., "in exchange" for favours such as promotions, employment perks, better grades etc.). The power of  the person in authority (employer, supervisor, professor, etc.) to sexually harass increases in direct  co-relation to lack of organization of the potential victim group - i.e., women labourers in the  informal sector, temporary workers, students, women in institutions for the mentally/ physically  handicapped etc. are most vulnerable.

• Sexual harassment by colleagues

• Sexual harassment by clients - particularly in professions where women’s role is "sexually packaged" - such as air hostesses, workers in beer bars etc.

• Sexual harassment of women in authority - to undermine the position of women Recent - and increasing- cases of newly elected, active women members of panchayats being stripped naked and paraded - are examples.

• Sexual objectification of an individual though sexual relations not intended (harassment on the road etc.). This can also include negative comments like "you’re fat/ ugly" etc.

• Hostile, anti-woman environment (pornography in public places, foul language etc.). This may not be directed at any woman employee in particular, but the effect on women is one of discomfort.

UK Sex Discrimination Act 1975
  -Schedule
  -Guidelines
  -Amendments

Employment Protection Consolidation Act 1978

Health Safety and Welfare at Work Act
 
 

Exisiting Laws in India
 
LAWS ON SEXUAL  HARASSMENT
By the absence of legislation  covering the issue of Sexual Harassment at the Workplace, the Supreme Court has   laid down the necessary guidelines and norms in, Vishaka v. State of Rajasthan,  for the protection of the fundamental rights of women, violated, as a result of  Sexual Harassment at Work.
-Indian Laws dealing with this Crime -I  click here..
-Indian Laws dealing with this Crime - II click here...
 

Effects of Sexual Harassment on Women
Sexual Harassment and victimisation of Women at the Workplace
 
 

Case studies relating to Sexual harassment of women workers

 Case Study Article
Are Women misusing sexual harassment law?
 
 
 

Trade Union Responsibility Towards Women Workers - The Case Of Sexual Harassment
Women and Trade Unions - A Background
Women and Unions - the Underlying relationship
The Issue of Sexual Harassment
 
 

Other articles:

1. "The Campaign against Sexual Harassment at   the Workplace"
Till recently the issue of sexual harassment at  workplace was not addressed either by legislature or  by judiciary. However, the Vishakha judgment passed in 1997 empowered the women of India by defining sexual harassment from a woman's point  of view. Unfortunately, the implementation of these guidelines has been negligible.
 for more...
 
2. Seminar discusses sexual harassment at work  click here

3. The Railway Campaign: Fighting sexual violence on trains
On 8 March, 1998, a Railway Campaign was launched by several women's  groups in Delhi demanding safer travelling conditions for women and reclaiming our right to travel  safely in trains without the threat, fear or experience of sexual violence. for more...
 

4. Women told to be aware of rights
Atrocities on women are on the rise in society and women should wake up to know their responsibilities in the male dominated society, for more...
 

5. SOME MORE PATIENCE WITH THE VICTIMS (The Telegraph Dated January 23, 2002 )
Amendment of sections 376B, 376C and 376D. Given the gravity of these offences, we recommend enhancement of punishment, with a minimum punishment of not less than five years. We have also
 added an explanation which will govern all these three sections  .....click here
 
6. EQUAL BUT DIFFERENT SEXUAL HARASSMENT IN INDIA  - Naina Kapur (Advocate Supreme Court of India) ....Click here
 

 

CED CATALOGUE SEARCH....

I. ELDOC SEARCH (Collection of documents in Electronic form)
On Sexual Harassment

II. Library Search (books/reports/journals articles available at CED)

at Bangalore centre:
-On Sexual Harassment (in general)
-based on CED Classification codes "Sexual Harassment"

at Bombay Centre:
-On Sexual Harassment (in general)
-based on CED Classification Codes "Sexual Harassment"