An Overview on Sexual Harassment of Women at Workplace Act, 2013

Introduction:

Over the last decade, there has been a growing awareness worldwide of the existence and extent of sexual harassment in the workplace. The issue pertaining to sexual harassment at workplace is being considered as a very severe matter in today’s growing world.

Before, the verdict of Supreme Court in Vishaka v. State of Rajasthan, women were experiencing sexual harassment at workplace and they had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the criminal assault of women to outrage women’s modesty, and Section 509 that punishes an individual or individuals for using a word, gesture or act intended to insult the modesty of a woman.

The entire scenario changed in 1997 with the introduction of Vishaka guidelines. The Supreme Court for the first time recognized, acknowledged and explicitly defined sexual harassment as an – unwelcome sexual gesture or behaviour aimed or having a tendency to outrage the modesty of woman directly or indirectly. On 23rd April 2013, the legislature finally brought into force a comprehensive legislation dealing with the protection of women against sexual harassment at workplace by enacting "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013." This law was mainly introduced on basis of Vishaka case. The Supreme Court had laid down Vishaka guidelines and the same later became law.

This law is applicable to all types of employees in organized and unorganized sectors by holding them responsible for providing safe work environment for women. In this article, you will be mainly introduced about the overview of the law on sexual harassment at workplace in context of employees’ health and safety. The law mainly focuses on understanding workplace sexual harassment, evaluating workplace situations, and identifying how to respond to sexual harassment at work.

Meaning of Sexual Harassment:

1. Sexual harassment is a hazard encountered in workplaces across the world that reduces the quality of working life, jeopardizes the well-being of women and men, undermines gender equality and imposes costs on firms and organizations.

2. For the International Labour Organization, workplace sexual harassment is a barrier towards its primary goal of promoting decent working conditions for all workers.

3. Governments, employers’ and workers’ organizations in both industrialized and developing countries have introduced a range of laws, policies and procedures aimed at preventing and combating it.

4. Given this proliferation of measures designed to prevent sexual harassment, it is useful to review their development and consider the range of issues encountered in designing them, as an aid to identifying the most effective ways to combat harassment at the workplace, national and international levels.

Definition:

Sexual harassment may be one or a series of incidents involving unsolicited and unwelcome sexual advances, requests for sexual favours, or any other verbal or physical conduct of sexual nature. Sexual Harassment at the workplace includes:

• Unwelcome sexual advances (verbal, written or physical),
• Demand or request for sexual favours,
• Any other type of sexually-oriented conduct,
• Verbal abuse or ‘joking’ that is sex-oriented,

Forms of Sexual Harassment:

Generally workplace sexual harassment refers to two common forms of inappropriate behavior:

Quid Pro Quo (literally ‘this for that’) - Implied or explicit promise of preferential/detrimental treatment in employment - Implied or express threat about her present or future employment status.

Hostile Work Environment - Creating a hostile, intimidating or an offensive work environment - Humiliating treatment likely to affect her health or safety.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Act mainly stipulates that a woman shall not be subjected to sexual harassment at any workplace. As per the statute, presence or occurrence of circumstances of implied or explicit promise of preferential treatment in employment; threat of detrimental treatment in employment; threat about present or future employment; interference with work or creating an intimidating or offensive or hostile work environment; or humiliating treatment likely to affect the lady employee's health or safety may amount to sexual harassment.

It is important to note that the Act provides a civil remedy to women and is in addition to other laws that are currently in force. Consequently, any woman who wishes to report instances of sexual harassment at the workplace has the right to take recourse of both civil and criminal proceedings.

Salient Features of the Act:

1. The ambit of the Sexual Harassment Act is very wide and is applicable to the organized sector as well as the unorganized sector.

2. In view of the wide definition of 'workplace', the statute, inter alia, applies to government bodies, private and public sector organizations, non-governmental organizations, organizations carrying on commercial, vocational, educational, entertain mental, industrial, financial activities, hospitals and nursing homes, educational institutes, sports institutions and stadiums used for training individuals.

3. As per the Sexual Harassment Act, a workplace also covers within its scope places visited by employees during the course of employment or for reasons arising out of employment.

4. "AGGREIVED WOMEN" recognizes the right of every woman to a safe and secure workplace environment irrespective of her age or employment/work status. Hence, the right of all women working or visiting any workplace whether in the capacity of regular, temporary, adhoc, or daily wages basis is protected under the Act.

5. The Act also covers a woman, who is working in a dwelling place or house.

"The First Step to Prevention Is Recognition Workplace Sexual Harassment Is Behavior That Is Unwelcome Sexual In Nature A Subjective Experience Impact Not Intent Is What Matters Often Occurs In A Matrix of Power"

Courtesy: Jaya Sharma

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