During the first week at work,
orientation for new employees often includes a session on the
company's policies on sexual harassment. Despite the rules and procedures set in place, many women do find themselves vulnerable.
As a working woman, do you know what is the law around sexual
harassment in India?
Prajnya, in partnership with FLEXI
Careers India, Empowering Women in IT (eWIT), will be holding a round
table discussion on workplace sexual harassment on 30 November. Human
resources mangers in the IT/ITES sector have been invited to discuss
their best practice management around this sensitive issue.
What Laws govern Workplace Sexual
Harassment in India?
No specific law governs workplace
sexual harassment in India. However, the Indian Penal Code, 1860,
under Section 354 deals with assault or criminal force to a woman
with the intent to outrage her modesty, and under Section 509, deals
with word, gesture or act intended to insult the modesty of a woman.
In 1997, the Supreme Court in Vishaka v State of Rajasthan,
define workplace sexual harassment and suggested guidelines for
prevention and redress.
What happened in the
Vishaka case?
Bhanwari Devi, a social
worker of a government programme, tried to stop the marriage of an
infant girl as part of her work. The Gujjar family was enraged. She
was gang-raped by five men including the infant girl's father in front
of her husband. She was not medically examined, nor given any room to
file a complaint in the police station. The trial court acquitted the
accused. The Rajasthan High Court noted that it was a case of
gang-rape out of vengeance. Women's groups came together and filed a
petition before the Supreme Court, under the name Vishaka, which
resulted in the hallmark judgement on August 13, 1997.
What does the
Vishaka Judgement say?
For the first time, the
woman employee was recognized, and her rights were given the respect
they deserved. The guidelines laid down by the court encompass all
that is necessary to prevent and address workplace sexual harassment.
The employer has the duty to prevent and deter the commission sexual
harassment and to provide the procedures necessary for the
resolution. Organizations need to explicitly prohibit sexual
harassment through notifications. The employer should constitute a
complaints committee, headed by a woman, and has to have at least
half of its members as women. To avoid undue pressure from senior
levels in the hierarchy, it should comprise a third party with
competence sufficient to handle a complaint of such a nature.
Employers and those in charge will also report on the compliance with
these procedures. Workers and employees should be allowed to raise
issues of sexual harassment at their meetings and in other
appropriate forums. It is to be discussed with affirmative spirit at
employer-employee meetings. If a third party is responsible for
sexual harassment, the employer and person in charge is under an
obligation to take necessary steps to assist the victim and take
preventive measures.
A special thanks to Kirthi Jayakumar who contributed to this article. Kirthi is a lawyer who is specialized in Public International Law and Human Rights. She runs a journal and consultancy that focuses on International law, called A38. http://www.athirtyeight.com
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