CONTENTS
How is it defined ?
Sexual Harrassment is a legal term for unwelcome sexually determined behaviour against women in the work place.The term is constantly being redefined and extended in legislation and court decisions. However, not all sexual behavior in the workplace is harassment, and the laws against sexual harassment do not extend to situations outside the workplace or school.
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Sexual Harassment includes such unwelcome sexually determined behaviour
(whether directly or by implication) as: physical contact and advances;
a demand or request for sexual favours; sexually coloured remarks;
showing pornography; any other unwelcome physical, verbal or non-verbal
conduct of sexual nature."
[Supreme
Court of India Guidelines on Sexual Harassment, August 1997]
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Supreme Court Judgement on Sexual Harassment, August 1997
The now infamous case of Vishakha vs. the State of Rajasthan (August 1997) and the landmark judgement of the case began around the incident of brutal gang rape of a social worker in a village in Rajasthan. It revealed the hazards to which working women may be exposed and the need for safeguards in the absence of legislation. For the proceedings of the case see : In the Supreme Court of India Criminal Original Jurisdiction- Vishaka & Ors.(Petitioners) Versus State of Rajasthan & Ors. (Respondents)
The Vishakha judgement based itself not only on Articles 14 and 21 (equality and right to life) of the Constitution, but also Article 19(1) - the right to 'practice any profession or to carry on any occupation, trade or business'. Sexual harassment at the workplace is seen as a violation of these fundamental rights. For long labeled 'eve-teasing' and 'light flirtation', this intrusive and humiliating behavior, which can leave a deep impact on the psyche, began to be taken seriously as a form of violence against women.
The Supreme Court judgement on Sexual
Harassment of working women in the case of Vishakha vs. the State of
Rajasthan (August 1997) initiated debate on the issue not just
among women's groups, lawyers and activists; but also among women in the
workplace. [ Commentary by Deepali
Chandhok ] The judgment vindicated the struggles of women's organizations
all over the country.
Guidelines given in the Judgement
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How
the Guidelines compare with International
norms
[Supreme
Court, 13th August 1997]
The guidelines 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.
Sexual Harrassment Cases in India & Court Responses
These are some cases on sexual harrassment
prior to 1997 and not restricted to the work place.
Official (1991)
Statistics : 1 Woman Molested Every 26 Minutes
These statistics refer to the reported cases. If the unreported cases were to be added, it would probably be a question of seconds, not minutes. As women’s groups know all too well, many women who come for assistance do not register their complaints. For the women who do, it is only in the past three years that there have been significant victories. Even then, it has taken these women at least 10 years of tortuous court process.
Rupan Deol
Bajaj vs. K.P.S. Gill
A senior IAS officer, Rupan Bajaj
was slapped on the posterior by the then Chief of Police in Punjab, Mr.
K.P.S Gill at a dinner party in July 1988. Despite the general public opinion
that she was "blowing it out of proportion", and attempts by all the top
officials in the state to suppress the case; in January 1998, the Supreme
Court fined Mr.K.P.S Gill Rs.2.5 lakhs in lieu of 3 months rigorous imprisonment,
for offenses under Sections 294 and 509. [Source:www.altindia.net]
N. Radhabai
vs. D. Ramachandran
- In 1973, when Radhabai, secretary
to D.Ramachandran, the then State Social Welfare Minister protested against
his abuse of girls in welfare institutions, he attempted to molest her;
and followed by dismissing her. In 1995, the Supreme Court passed a judgement
in her favour, with back pay and perks from the date of dismissal.
[Source:www.altindia.net]
S.C Bhatia
- Professor in the Department of
Adult and Continuing Education, Delhi University was finally dismissed
in 1992 after a campaign by women’s groups demanding judicial inquiry into
his sexual harassment of several women. [Source:www.altindia.net]
Sexual
Harrassment at the Work Place and the difference made by the Judgement
Real
life experiences –PRIA Study Report brings out why women are sexually
harassed at the work place, what were the behaviours that they were subjected
to that constitutes sexual harassment and how it affected their work situation.
Women now have begun discussing this issue and fighting for their rights.
[Source:
PRIA's workshop report society for Participatory Research in Asia &
Asian South Pacific Bureau of Adult Education April 22-24, 1999 Katmandu,
Nepal]
Thanks to the 1997 Supreme Court judgement more and more women are now speaking out about sexual harassment in the workplace. To do so the complainants have to be very daring because they have all kinds of labels put on them and are made out to be liars. Their lives are made more traumatic. In most situations, the complainants’ colleagues including the women do not want to openly come forward in support fearing risk to their jobs, their careers or the reaction of their families. The management does more to supress information and spread false information leaving the complainant more helpless and more victimized. However, there are instances of management support, friends and colleauges rallying together and outcomes favourable to the victims.
Is it power , attitude or insecuirty
that perpetuate’s sexual harassment at the workplace and makes the accused
complain that the judgement is a tool for women to misuse ? This is the
controversy.
[Source:
"MISS HITS" The Week Magazine, June 6, 1999 ]
Not much has changed for working
women in India. Despite the 1997 Judgement, sexual harassment is an on-going
issue. This may be because of the lack of legislation or because of very
few legal cases. It is also because a large number of women workers are
unaware of their rights and many employers do not understand the Supreme
Court guidelines. The other common problem is that the victims are unwilling
to bring charges for fear of reprisal. In the case of the Apparel Export
Promotion Council vs Chopra (1999), the Supreme Court showed greater sensitivity
to gender issues by reversing a lower court’s decision to reinstate a company
officer who had been accused of making sexual advances towards a subordinate.
On the whole, the potential of the 1997 Supreme Court Judgement is the
possible formulation of other women friendly employment legislation.
[Source: "India
News" Global Labour, Employment & Employee Benefits Bulletin]
Effects of Sexual Harassment on Women
Sexual harassment is an occupational
health issue with the following outcomes :
Emotional
effects
Psychological
reactions
Physical
effects
Consequences
for the employer
How
women were affected by sexual harassment
[Source:
PRIA's Workshop report on ` Women Workers:
Gender Concerns vis -a -vis Occupational health'-A Workshop report
(
Society for Participatory Research in Asia & Asian South Pacific Bureau
of Adult Education April 22-24, 1999 Katmandu, Nepal]
A Gender Study Group comprising
Delhi University students interested in highlighting common gender related
problems conducted a study to understand the impact of sexual harassment
on women. They concluded that 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".
[ -The impact of sexual harassment
on women]
Economic insecurity. Loss of job - whether she quietly quits or protests and quits - most women are ultimately forced to this point. Though for some women, the option of changing their situation by changing their jobs is not an option due to the fear of unemployment.
Psychological rape - in many cases,
women go through the same reactions as they do post rape: nervousness,
loss of self-esteem & confidence, humiliation, avoidance, changing
dress and behaviour, guilty feeling that somehow they "caused the behaviour"
Restriction on women’s mobility vis-à-vis late night shifts and
public transport Victim turned into wrong doer as her complaint is invariably
turned on its head by slander against her morals and character. The threat
of being pushed from the "izzatdar bahu beti samaj" to the "patita samaj"
by slander effectively silences women [Source
: Kishwar,
Manushi, No.68]
Sexual harassment is the same for
women everywhere, in any country. It is the major issue for women at some
point of their paid working life. Millions of women are faced with working
environments polluted by sexual misconduct. This affects their job performance
and working relationships and poses a risk to their health and safety.
Most women hate to say what the concept of sexual harassment means to them.
There is no absolute definition of sexual harassment...
[Source:
Book title: `Symposium on Women's Rights at the Workplace: Emerging Challenges
and Legal Interventions: Proceedings and Select Papers/Presentations -
Sexual Harassment and victimisation
of Women at the Workplace -by Naina Kapur (Advocate, Supreme court
of India) and Rita Rupal from UK. ]
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
[Source:
www.altindia.net]
Strategies for handling Sexual Harassment
The idea behind many of these strategies
is to break the cycle of sexual harassment by doing something unexpected.
Not everyone will be comfortable with all of these responses, nor are all
appropriate for every situation. Some harassers will keep on harassing
no matter what you do or say. [Source:
www.altindia.net]
Existing Laws in India which can be used in cases of Sexual Harrassment
1. Indian
Penal Code
-Section 509, IPC
2. Industrial
Disputes Act
3. The
Indecent Representation of Women (Prohibition) Act (1987)
4.
The
Delhi Prohibition of Eve-teasing Bill, 1994
[Source: www.altindia.net]
Minutes
of the National Consultation held on April 03, 2003 to discuss the draft
Bill on Sexual Harassment of Women at their Work Place (Prevention) Bill
[Source:NATIONAL
COMMISSION FOR WOMEN April 03, 2003]
Sexual
Harassment of Women at their Work Place (Prevention) Bill, 2003
[Source:
NATIONAL COMMISSION FOR WOMEN
April 03, 2003]
Draft Policy to Prevent and Deal with Sexual Harrassment in Universities
In 19 members of the Mumbai Campaign
Against Sexual Harassment drafted guidelines towards formulating a policy
to prevent and deal with sexual harrassment in Universities. - Draft
policy [Source:www.altindia.net
(date unknown)]
Proposed
Draft Bill on Sexual Assault
This proposed bill drafted by the
Ad-hoc Sub-committee of National Commission for Women) emphasises the violence
aspect of sexual assault rather than the sexual aspect. [Ad-hoc
Sub-committee of National Commission for Women, 1993]
The
Do's and Don'ts of Sexual Harassment complaints Committees
-[A
Pamphlet brought out by Hengasara
Hakkina Sangha - Karnataka Women's Legal Education Program]
1. SEXUAL HARASSMENT AT WORK
- A Seminar organised by Mahila Dakshata Samiti in association with the
Bangalore City Police.
[DECCAN
HERALD / Sunday, December 9, 2001]
2. THE RAILWAY CAMPAIGN: Fighting Sexual Harssment on Trains[Manushi, issue 130 , May-June 2002-by Manjima Bhattacharjya]
3. 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," [DECCAN HERALD / Tuesday, January 22, 2002]
4. SOME MORE PATIENCE WITH THE VICTIMS -Amendment of sections 376B, 376C and 376D. [The Telegraph Dated January 23, 2002 ]
5. EQUAL BUT DIFFERENT SEXUAL
HARASSMENT IN INDIA - [by Naina Kapur-Advocate
Supreme Court of India]
6.RIGHTS-INDIA: WOMEN CLAIM RIGHT
TO WORK WITHOUT HARASSMENT [World
News,Inter press Serivces -IPS news reports , by Laxmi Murthy ]
7.Case Study Article
`ARE WOMEN MISUSING SEXUAL HARASSMENT LAW? '
[The original Article written by Lina Mathias in Sunday MID-DAY,
Dtd. November 22, 1998]
8.THE LEGAL REGULATION OF SEXUALITY:
A DOUBLE-EDGED SWORD [by Ratna Kapur,
Shomona Khanna & Shohini Ghosh of the Feminist Legal Research Centre]
9."NO MEANS NO" (or should!):
MYTHS ABOUT SEXUAL HARASSMENT [www.altindia.net]
10.
| CED CATALOGUE SEARCH.... |
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"
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