SEXUAL HARASSMENT AT THE WORKPLACE
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- Title
- SEXUAL HARASSMENT AT THE WORKPLACE
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Sexual Harassment at the Workplace
- A Guide
Sakshi
(New Delhi, India)
1
Sexual Harassment at the Workplace
- a guide to the sexual harassment law in India
j
Introduction
The need for a chapter on Sexual Harassment at the
Workplace in a reference guide on women workers
rights became evident when we noticed two disturbing
trends in workplaces. First, was that a number of
women have faced this form of abuse and feel ill
equipped to deal with it. Second, that a plethora of
myths and misinformation about sexual harassment
exist.1 In August 1997, the Supreme Court of India
delivered a judgement creating mandatory sexual
harassment guidelines for the workplace and other
contexts. With the new sexual harassment law in
India, the possibility of freedom from adverse sexual
conduct at work is now an emerging reality.
DID YOU KNOW THAT IF:
•
•
•
~
In the absence of sexual favours, a contractor
denies you payment of wages?
Pornographic pictures are left on your desk or
displayed at the workplace?
Remarks are made about your personal
appearance and dress?
• An office colleague continues to tell offcoloured jokes in the office which make you
feel uncomfortable?
THEN THIS IS SEXl^L HARASSMENT!
2
This chapter is an attempt to fuse the workplace
reality with practical information about sexual
harassment, it's genesis in India, the emergence and
impact of the sexual harassment guidelines and their
application to the Indian workplace. The scope and
application of the new law is still not adequately
applied and tested. For the purposes of this chapter
therefore, we have provided illustrative examples and
suggestions that may help initiate and develop the
application of these guidelines in creative ways to a
variety of workplace contexts.
Q : Why learn about Sexual
Harassment?
A : Because it’s unprofessional
and illegal
Background
While comprehensive data on sexual harassment in
India is scarce, what research and studies do exist
reveal that sexual harassment does not occur in a
vacuum.2 It is the relatively low status of women in
work sectors that makes the problem so widespread
and persistent. And if harassment stems from
women's inferior position on the job, it also functions
as a peg that holds women there.
3
From 1977 to 1989, in India, there was approximately
a 24% increase in the number of women working in
the rural and urban'sectors in India.3 Even under the
existing narrow provisions of law, between 1983 and
1993, the number of reported molestations increased
from 75 in 1983 to 20,194 cases in 1990.4 The latter
figure comprised 50% of the total number of crimes
against women reported at the all India level in 1990.
While the
Statistics indicate
number of
an increase in
convictions
sexual violations
is
not
separately
categorize
d under such crimes, general statistics reveal a high
incidence of sexually offensive behavior towards
women coupled with a low level of convictions.
In rural areas, the problem
of sexual harassment is of
is not a
particular concern in the
western
non-traditional
sector
phenomenorf*.
where the role of women
has acquired increasing
significance.
While
information in this area is
scant, surveys that exist indicate a high incidence of
sexual harassment of women workers in villages.5
The range of women affected by such harassment
has incli'ded women working as Family Planning
workers in villages, gram sevika’s, nurses, mid-wives
and other change agents working with women
social/rural development programmes. That is not to
say that sexual harassment is limited to rural areas.
4
Rather, it dispels one recurring myth about sexual
harassment: that it is a western phenomenon.
Limited data from urban areas has shown a similar
large scale prevalence of sexual harassment. In a
1997 spot survey conducted by Sakshi (see Annexure
'A'), 54% of 67 women interviewed from a cross
section of industry had experienced some form of
sexual harassment. In most cases the harasser was a
senior or a colleague. The fear of job loss, hostility
and social stigma prevented most women from
complaining. Of the handful of cases reported, only
two resulted in some response: in one, termination of
the abuser's services (who continued to harass the
subject even subsequent to his departure) and in the
other, an apology. The initial stages of a recent and
more in depth study by Sakshi of a cross-section of
sectors from five metropolitan cities reveals a startling
98% prevalence of sexual harassment at the
workplace6
Experience has also shown that the notion of women
being empowered as workers or otherwise working
towards any form of social change is still met with
suspicion and doubt making women more vulnerable
to adverse reactions or remarks.7 This is especially
true where women are working towards the
eradication of retrograde practices such as child
marriage, female infanticide, alcoholism, violence etc.
The acceptance of women as change agents largely
depends upon existing attitudes and the social
organisation of a community. The over-all nature of
change agents is that of an innovator. A role which
seeks to initiate and assist the community in a
process of modernisation and change but which is
5
often perceived as a threat to ‘traditional and cultural’
practices and norms.
In a given lifetime therefore, the risk of women at work
being exposed to sexual harassment from superiors
and colleagues in the workplace, contractors in the
non-traditional sector, or by a faceless voice over the
telephone, is seemingly endless, offensive and
controlling. It is only natural to assume then that
women have good reason to be concerned about
sexual conduct at work.
Even though sexual harassment at work is not new to
women, serious concern about the issue in India only
arose with the advent of Vishaka vs. State of
Rajasthan & Ors8 Even
so, few working women
This chapter may be
can say that they have
adapted by:
not experienced one
Universities
form or another of
Trade unions
sexual harassment. The
Public sectors
invisibility of sexual
Private sectors
harassment as a
NGOs
woman’s reality has
Any other institutions
eclipsed its
understanding within the
language of rights.
This chapter aims to provide information and
assistance on sexual harassment to employers and
employees within different work environments in
India, in the hope that some level of much needed
awareness is available to guide the formulation of
policies and attitudes within an organisation. At the
same time, the information provided here might easily
be adapted for the benefit of university campuses and
6
other institutions. Much of the information is targeted
at helping trade unions, public and private sector
concerns and NGOs develop safe and healthy work
environments by eliminating sexual harassment at the
workplace.
The chapter aims at assisting a transition of attitudes
as well as assuring greater respect for women as
workers in the community, students in’ the university
and employees in public/private sector industry.
Sexual Harassment as a Human Rights Issue
‘By requiring an employee to contend with
unwelcome sexual actions or explicit sexual
demands, sexual harassment in the workplace
attacks the dignity and self respect of the victim
both as an employee and as a human being’9
In September 1979, the Government of India signed
the Convention for Elimination of Discrimination
Against Women (CEDAW), but ratified10 the same
thirteen years later on 9th July 199311 From the time
of signing to the time of ratification, several laws were
passed
and
amendments
made,
incorporating
changes, which would impact on the rights of
women.12 In terms of sexual violence, the most far-
reaching changes took place from 1983-8513. These
included, prohibiting the disclosure of a victim of rape
without previous permission of the court:14 the
introduction of a law punishing rape in police
custody15 as well as creating a presumption in favour
of a woman who complains of rape;16 punishment for
cruelty to a woman by her husband or relatives of that
7
husband;17 and making the giving and taking of dowry
a more serious offence.18
As for sexual harassment, in November 1993, the
Government of India had begun to acknowledge the
existence of sexual harassment as an existing
impediment to women’s equality and opportunity:
“
while the existence of this form of discrimination
against women has been acknowledged, there has
been little concerted effort to evolve an approach or a
policy and a law on the subject...19’’
In contrast, many parts of the world including the
Asian Region20 had begun to document sexual
harassment as a human rights issue and described
such conduct in the following terms21:
•
violation of human rights and an affront to the
dignity of the person
C
------ d harassed
❖
•>
Employees have a right to work
in an environment that is free
from harassment.
Employers are responsible for
providing this to all workers.
•
manifestation
of
violence
against women;
• having a link
with the inequality of women in social and
economic spheres
•
unacceptable conditions of work which have
detrimental effects for both the employees and
the enterprise
In its Recommendation on Violence22, CEDAW
presented the possibility of perceiving and
8
understanding violence as women experience it.
According to a critical recommendation under
CEDAW: “Gender Based Violence is a form of
discrimination which seriously inhibits women’s
ability to enjoy rights and freedoms on the basis
of equality with men.”23 The recommendation found
“sexual harassment” as one such expression of sex
discrimination and went on to define the same:
___ ffi
Equality
in
employment can
Q.
WHAT. IS
SEXUAL
HARASSMENT ?
be
seriously
impaired when
A. IT’S ANY UNWELCOME
women
are
WORDS OR ACTIONS OF A
subjected
to
SEXUAL NATURE
gender specific
violence, such
______
as sexual
harassment in the workplace.
Sexual harassment includes such unwelcome
sexually determined behaviour as, physical contacts
and advances, sexually coloured remarks, showing
pornography and sexual demands, whether by words
or actions. Such conduct can be humiliating and may
constitute health and safety problems; it is
discriminatory when the woman has reasonable
grounds to believe that her objection would
disadvantage her in connection with her employment,
including recruiting or promotion, or when it creates a
hostile working environment. Effective complaint
procedures and remedies, including compensation,
should be provided.”24
Despite that India signed CEDAW nearly twenty years
agq, existing laws in India failed to recognise the
9
existence of sexual harassment, or for that matter,
that violence against women was a form of gender
discrimination against women. An added problem with
a strictly penal law approach to sexual harassment, is
that it seeks to punish an individual wrong rather than
alter the discriminatory conduct which is characteristic
of such offences. Similarly, labour laws in India adopt
a protective stance towards women at work rather
than deal with the elimination of sexual harassment
as discriminatory behaviour. With the ratification of
CEDAW by India, dramatic changes followed in
recognising sexual harassment at work as a form of
sex discrimination.
Sexual Harassment as Discrimination:
Vishaka vs. State of Rajasthan A Or^5.
Hema26, a Saathin working for the Women’s Development
Programme (WDP)t a state run programme in Rajasthan, was
gang raped by five upper caste men in 1992. The rape was
carried out as an act of revenge against the Saathin for her
campaign against child marriage. What followed was an
appalling display of negligence and deliberate inaction on the
part of the police, the medical personnel, and the magistrate, all
of who went out of their way to prevent the Saathin from
registering her case and providing evidence. One question,
which arose from the case, was whether, apart from gang rape,
the state could camouflage its own prior accountability in the
matter? Before the actual rape, the Saathin had complained of
sexual harassment by the accused, complaints, which went
unheeded by the local authorities leaving the Saathin to fend for
herself. The state’s failure to have any functional policy on
sexual harassment for Its village department workers appeared
to cast some degree of liability on the state. This amongst other
Issues became the basis of a public interest litigation filed by
women’s organisations in the Supreme Court of India.
10
The case of Vishaka (see Annexure 'B') was the first
time the law recognised sexual harassment as a
human rights violation and it did so keeping India’s
obligations under CEDAW and other International
Instruments. Given the social context of Hema, the
case was all the more unique as it presented a
realistic working context of a woman where
"workplace” has no definitive meaning. Hema was a
district level worker and her ability to carry out her
work was dependent on her ability to be freely mobile
from district to district. The case was a classic test of
India’s international obligations coupled with equality
and right to life provisions under the Indian
Constitution. It helped the Supreme Court of India
reaffirm that the law was of “sufficient amplitude to
encompass all the acts of gender equality including
prevention of sexual harassment or abuse.
The most inspiring outcome of Vishaka (above) is that
for the first time, the need to alter systemic violence
against women at work
received judicial
Q: What is my
recognition by an
workplace?
A: Any place where a
implied focus on the
working relation exists
need to change
attitudes. That approach
led the Court to develop
broad-based guidelines, which are
k
applicable at the workplace as well as
other institutions (in particular, educational
institutions). The guidelines brought all
“responsible persons” (which is wide
enough to bring within its
ambit all institutions / organisations as well as
workplaces) responsible for ensuring a safe and
healthy work environment for women.
11
The Supreme Court guidelines, drawn up in
consultation with NGOs, are an important victory for
the women’s movement. Apart from institutional
neglect of sexual harassment due to entrenched
myths and stereotypes, women’s ability to recognise,
let alone define, an experience of sexual harassment
have been limited. Behaviour such
as a physical touch,
suggestive language
and subtle advances
has often been viewed
f
as ‘normal’ in the present social
Z—
context and conditioning. Yet, globally, the nature of
such violations, as with all other sexual crimes, is now
viewed in terms of power dynamics that operate in
different work contexts. A victim of sexual harassment
has much more than her bodily integrity to protect: the
reality of losing a job, of a career being stifled, of
one’s livelihood in ruins, is frighteningly stark as was
the case with Hema.
To meet this endemic violation, the Court created
legally binding guidelines27, directing employers
(amongst others) to implement preventive and
remedial measures in the workplace. For the first
time, the law brought sexual harassment at the
workplace within the purview of human rights law. The
judgement is a first in judicial recognition of women’s
reality as one where, by virtue of their sex, women are
more vulnerable to sexually offensive behaviour. It
extends the scope of human rights law beyond a
‘traditional,’ and thereby limited, interpretation of
human rights abuses in terms of prisoners of war,
victims of political torture, restrictions on free speech
and movement and the like. Sexual harassment is
12
gender-specific discrimination, and an exercise of
economic and sexual power.
How then have Vishaka and the new
sexual harassment guidelines changed the
way we understand sexual harassment at
the workplace?
'Discrimination in this context means practices or
attitudes that have, whether by design or impact, the
effect of limiting an individual's or groups' right to the
opportunities generally available because of attributed
rather than actual characteristics. What is impeding
the full development of the potential is not the
individual's capacity but an external barrier that
artificially inhibits growth...."28
Before.
Before August 1997, the closest Indian law has come
to proscribing sexual harassment is in two outdated
criminal laws:
Options : Weigh Them Carefully
• silence or quitting your place
of work may not be the best
solution
• It lets the harasser "Get
Away with it* and gives him
the opportunity to harasse
others
♦ outraging the modesty of a woman29 or
13
♦
insulting the modesty of a woman
30
The limitation of viewing sexual harassment strictly
through the eyes of criminal law is that:
Such provisions stereotype women in moral terms.
Given the stark emphasis on "proof in physical terms,
existing criminal law provisions are rarely applied in
any situation falling short of attempted rape.
The crime becomes a case of individual personal
injury and does not address sexual harassment as an
issue of systemic discrimination against women
In practice, criminal law procedures compound a
woman's experience of humiliation, embarrassment
and public exposure and further isolates her. That
was the net impact of criminal law applied in Hema’s
case (above). The trial court acquitted the rapists
based on the following reasoning:
"...it is beyond comprehension that those who live in
rural culture... would in this manner commit a rape.
Particularly in collusion with someone who is forty
years of age and another who is seventy years of age
and that too during broad day-light in the jungle in the
presence of another men. The court is of the opinion
that Indian culture has not fallen to such low depths,
that someone who is brought up in it, an innocent,
rustic man, will turn into a man of evil conduct who
disregards caste and age differences and becomes
animal enough to assault a woman...."11
The net possible outcome of a criminal complaint is to
sentence an offender, which is rare and ineffective in
addressing the larger issue of discrimination.
14
After....
The impact of projecting sexual harassment at work
as human rights violation are that it:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
articulates gender equality based on “harm” as
understood and experienced by women.
recognises two clear social realities for women
which till now remained invisible including:
The nature of sexual harassment
Gender based violence is discrimination and
violates a woman’s basic human rights.
places women's experience and understanding
of sexual harassment within the language of
human rights consistent with India's obligations
under the Convention on the Elimination of
Discrimination Against Women.
shifts the focus of violence from a criminal
wrong to systemic discriminatory conduct,
which needs to be eliminated.
Extends the responsibility to eliminate
discriminatory sexual conduct to a larger civil
society.
no longer limits accountability to an individual
perpetrator but to institutions and their
obligation to ensure a safe and healthy
environment for women.
will provide a more efficient, far-reaching
impact in eliminating, the effects of harmful
discrimination through a legal approach that
strengthens attitudh.ai cna. ge and creates
community collaborations.
challenges traditional myths and stereotypes
about women at work by beginning to
understand women's
lives as
women
experience it rather than as other perceive it to
15
be. This is especially true in light of CEDAW
which clearly states:
"Traditional attitudes under which women are
regarded as subordinate or as having stereotyped
roles perpetuate widespread practices involving
violence or coercion such as family violence and
abuse, forced marriage, dowry deaths, acid attacks,
female circumcision. Such prejudices and practices
may justify gender-based violence as a form of
protection or control of women. The effect of such
violence to the physical and mental integrity of women
Before
(Criminal Law)
Trial
Punishment
Personal injury
After
(Human Rights)
Prevention
Attitudinal shift
Human Rights
-
deprives them of the equal enjoyment, exercise and
knowledge of human rights and fundamental
freedoms. While this comment addresses mainly
actual or threatened violence, the ■ underlying
structural consequences of these forms of gender
based violence help to maintain women in
subordinate roles, contribute to the low level of
political participation, and to their lower level of
education, skills and work opportunities. The full
implementation of the Convention requires that
effective measures be taken to overcome these
attitudes and practices. State should introduce
education and public information programmes to help
eliminate
prejudices
equality...."
ix.
which
hinder
16
women's
emphasises prevention of sexual harassment
through education of both employees and
employers.32
It is the impact of viewing sexual violence in human
rights terms, as opposed to criminal law, that gives
the clearest example of how we can begin to
appreciate sexual harassment at work as a case of
discrimination. Globally, sexual harassment of
working women is no longer an invisible whim, or
fancy. Vishaka is yet another instance of demanding
the promise of equality through the removal of
barriers rather than the persecution of women who
complain of such harassment. The former perception
understands that women are sexually harassed by
men because they are women i.e. sexual harassment
is discrimination based on sex. As awareness
increases on the issue and on women’s rights overall,
much can be done at the workplace itself by
employers and trade unions, with the assistance of
governmental and non-governmental organisations, to
alter the historical disadvantage women have
continued to face in the workplace. Viewing sexual
harassment
as
sex-based
discrimination
acknowledges that working women, whether in the
rural or urban areas, private or public sectors, while
wanting to be equal-are different too.
Impact
and
Consequences
of
Sexual
Harassment
Once sexual harassment is understood as sex-based
discrimination, we can look beyond “proofs” of
17
individual injury to the larger impact and
consequences of sexual harassment. Sexual
harassment at the workplace can have cumulative
effects on the whole organisation; it’s impact on
individual women are multiple and all add up to losses
for the organisation as a whole.
Where sexual harassment has become so unpleasant
as to make a workers’ life miserable, she will most
often seek alternative employment. The employer will
on its part incur significant costs in recruiting and
replacing such workers. Generally therefore it is in the
interest of employers that the working environment
ensures that workers are treated with dignity. For
society as a whole sexual harassment impedes the
achievement of equality; it condones sexual violence
and hinders both productivity and development.
Effects on women complainants33
Consequences of sexual harassment recorded by the
International Labor Organization reveal not only the
adverse impact on women's health, but the same can
result in emotional and physical stress as well as
stress-related illnesses (see Annexure ’C). This
includes "feelings of revulsion, violation, disgust,
anger and powerlessness." In addition, emotional
trauma, anxiety, nervousness, depression and low
self-esteem may also become apparent. Physical
disability such as sleeplessness, headaches, nausea
and ulcers also been recorded.34 Other irreparable
harm can result from the strain of controversies that
emerge from a case of sexual harassment.
Accompanying problems - such as relocation, search
for a new job and moving difficulties; anxiety caused
18
* I left my job. Two years later I met Sunita who
used to work with me at the factory. I told her
about the harassment. She was shocked. Why
hadn’t I told her, she asked. I replied that I was
ashamed and that I didn't want my family to know
about it. The shame cut me off from those I
needed most at the time’
by lack of information, uncertainty,
and resultant planning difficulty, career, education,
family, social disruption and adjustment problems. 35,
do emerge when a women is sexually harassed.
The following is a summary of the range of effects
sexual harassment can have on a complainant.
Emotionally, such effects may include:
•
•
•
•
•
•
•
•
revulsion
anger
disgust
fear
shame
guilt
confusion
powerlessness
’I just felt sad all of the time. I was
carrying out field research but
didn’t care what I looked like when
I went out. When I think about it
now, it’s all a blur.’
There are a number of psychological reactions to
stress due to sexual harassment at the workplace
such as.
•
•
•
anxiety and nervousness
depression
feelings of low self-esteem
Some physical manifestations of this stress are:
19
•
•
•
•
•
sleeplessness
headaches
nausea
high blood
pressure
ulcers
“I was so afraid to go for duty in
the department, it made me sick I
couldn’t wake up in the morning
and constantly felt tired. Then I
would call in sick. It reflected so
badly on my recordT
Those who
I
become ill, or who
avoid work because of sexual harassment at work
take time off, reducing efficiency and imposing costs
on the employer through sick pay and medical
insurance payments. While at work, victims are likely
to be less productive and less motivated because
they simply do not enjoy being at work. Therefore the
quality and quantity of their work decreases, having a
cumulative effect on the organisation.
Given that most forms of sexual harassment are the
outcome of repeated occurrences over a period of
time, studies abroad have also documented the
progress of women’s response to such harassment.
Where the harassment is ongoing and persistent, a
woman’s sense of her self as well as in relation to her
co-workers diminishes over a period of time Four
particular stages of responses identified are
reproduced below36:
1. Confusion/Self-Blame. The sexual harassment
was a series of events. After each incident, the
victim believed that the harassment was going to
level off or eventually stop. When the harasser’s
behaviour escalated, which it did in virtually all of
the cases studied, the victim felt out of control and
helpless.
20
2. Fear/Anxiety Subsequent to the harasser’s
continuing behaviour, the victim felt trapped and
became “paranoid.”
She feared
potential
retaliation at work, the future of her career and
potential financial ruin. Outside of work, she feared
being called on the phone in the early morning,
having her home watched or being followed in a
car. Concentration, motivation, work performance
and attendance were adversely affected and selfesteem declined.
3. Depression/Anger. Once the woman recognised
that she was a legitimate victim who was not to
blame for her harassment, anxiety often shifted to
anger. Often this shift occurred when she decided
to leave her job or was fired. This anger about
being treated unfairly was a prime motive to file
charges. While filing charges may have
represented a positive step by the victim to take
control of her destiny, it often led to a decided
deterioration in the work situation.
4. Disillusionment. The organisational response to
sexual harassment was often hurtful and
disappointing. By speaking up, the woman
encountered a whole new set of institutional
abuses. Often, the woman eventually realised that
she had been naive about getting help in the
system. She then questioned her expectations
about fairness, loyalty, and justice. These
ingenious beliefs gradually become replaced by
the insight that justice doesn’t always prevail.”37
21
Consequences for the Employer
For an employer, in addition to sick pay and medical
insurance, consequences also include reduced
efficiency and increased costs. Less productivity and
low motivation of affected women will result in poorer
work performance. Costs of recruiting and training
new people may also emerge as additional costs
especially where an employer has failed to undertake
any effective intervention. According to the
Commission of European Communities therefore, in
pure economic terms "preventing sexual harassment
will save more money than the cost of permitting
sexual harassment to continue"38
In sum, for employers, sexual harassment can result
in:
•
•
•
•
lower productivity and employee morale
increased costs for hiring and training of new
employees
high legal costs and fines
poor public image
The Guidelines
Hema’s case was a test case for the Supreme Court
of India to arrive at a law which was practical and
effective. For this reason, the emphasis on attitudinal
change was a remarkable shift from traditional
approaches to law which stress procedural remedies.
Instead,
the
sexual
harassment
guidelines
approached the issue at three equally critical levels
by:
22
♦ defining sexual harassment
♦ emphasising preventive measures
♦ compelling, the establishment
complaints committee and redress
of
in-house
A complaints’ committee is perhaps the last resort for
addressing sexual harassment cases and clearly
arises if the preventive measures have failed.
WHAT IS
SEXUAL
HARASSMENT
AT
THE WORKPLACE? (see Annexure'□’)
A popular
misconception
about
if you want a job here, I;
sexual
may be able to help youi. .. but you have to bej
harassment is that
friendly
it inevitably
includes physical
sexual
contact at any time, place and
V
in any context. Socially and legally we still have an
unstated expectation that any kind of sexual violation
should involve visible ‘proof’. An expectation that has
inhibited most women from reporting day-to-day forms
of sexual harassment in the form of sexual innuendo,
advances, verbal and visual forms of sexual
degradation. For this reason, international law and
countries more familiar with sexual harassment issues
have evolved two clear absolutes about sexual
harassment, which accurately reflect the nature of
such violation:
•
It is unwanted sexual conduct in a workplace,
the forms of which are diverse and numerous.
23
•
It is discrimination against women, for it denies
them the right to work in a healthy and rewarding
atmosphere.
-Sexual harassment at work is a se
Such standards
discrimination issue since a person is
have created a
targeted for harassment because o ;
message that it
his or her sex. By requiring a person to
is the
exchange sexual favours for economic;;
“discriminatory”
survival,
sexual
harassment;
;denigrates
the
victim,
most
frequently;
impact of sexual
women,
and
relegates
employment;
behaviour,
opportunities and promotions that are;;
which
^available to others without sexua;
determines the
considerations. Sexual harassment;
nature and
emphasises the sexuality of victims
•over their role as workers and thereby
experience of
imposes less favourable working
sexual
conditions upon them.’
harassment.
And that impact
can be the outcome of behaviour, which is varied. The
problem arises when, what is discriminatory is
confused with what has long been considered normal
i.e. ‘a natural biological attraction between men and
women’. Behavior, which therefore seems amusing or
harmless to some, may be offensive to others. To
many, particularly men, this appears as yet another
unnecessary restraint on behavior, which is otherwise
perceived as 'normal'. A reason why women's
complaints have often been dismissed as vindictive
fantasies or wishful thinking (see Annexure 'E').
For this reason, one perspective on sexual
harassment views it as relatively benign and
overrated. Take the following example:
24
Anita returned home after her first day at a leading
national advertising agency; she was tired, unhappy
and angry.
Her father, seeing how defeated she
looked was immediately concerned. Gentle inquiries
yielded nothing, but after some prodding from both
parents, Anita broke down and spoke about her day.
Her colleague, a young, ambitious favourite of the
boss passed a number of tinged remarks about her
dress, her figure and her hair in the presence of a
number of young trainees. Despite her obvious
embarrassment and humiliation Anita’s other
colleagues were undeterred from enjoying a good
lecherous laugh at her expense.
Anita’s parents reacted very differently to her story .
Said Anita’s mother:...don’t be so oversensitive. You
should be pleased that so many people like you just
after one day...you must have created a very good
Impression....maybe you’ll be promoted fast, or get a
big raise..”
Anita’s father was able to see how hurtful and
unjustified such behavior was: u...how dare they treat
you like an object...these chaps sound like uncouth
and crass men who have no respect for a
woman....you must speak to your boss about this and
find out if other girls in the office feel the same
way....this is definitely not a compliment to you... ”
25
Fl What are the two predominant attitudes here?
Fl Does Anita make a fuss over ‘nothing’?
Fl Why?
Fl Is this sexual harassment?
Anita’s mother
expresses a
"Sexual
\ common point of
Harassment is
) view. Popularity
my subjective
/
and acceptance are
reality..”
/ much sought after.
But acceptable to whom,
and why? Very often, attention about
physical attributes is welcome but
sometimes, the impact if any, is equally important to
understand in terms of individual comfort levels within
a work environment.
Fl Does the ‘compliment’ as understood by Anita’s
mother enhance Anita’s performance in the
office?
pj What is the discrimination inherent in Anita’s
situation?
Is her identity as a professional employee with
Fl skills, intelligence and expertise being
compromised?
p| !s it a question of sexual relations and human
nature or should we also question whether as
men or women, the manner in which we look at one
another is also socially conditioned?
Unlike any other issue, sexual harassment raises
serious questions about the way men and women
‘naturally’ relate to one another in work situations.
What have been presumed as free, non-threatening
and natural expressions by one gender may not be so
26
perceived or felt by another who have been less
entitled to an equal expression of freedom to reject
such behaviour.
Keeping this reality in mind, we can begin to
appreciate how the new guidelines understand sexual
harassment.
Defining sexual harassment
Sexual harassment has traditionally been divided into
two well-known forms:
•
•
i.
Quid pro quo and
Hostile work environment
‘Quid pro quo’ literally translated means ‘this
for that”. Applying this to sexual harassment, it
means seeking sexual favours or advances in
exchange for work benefits such as promises
of
promotion,
higher
pay,
academic
"We cau discuss
your appraisal
over lunch this
weekend”
advancements etc. ‘He seemed to imply that if
I went along with his advances, I would get
better opportunities to report stories^9. This
27
type of sexual harassment holds the woman to
ransom as her refusal to comply with a
‘request’ can be met with retaliatory action
such
as
dismissal,
demotion,
memos,
tarnished work record and difficult work
conditions. 'Wot long after I refused to sleep
with my supervisor, negative remarks began to
appear on an otherwise exceptional work
record.40”
ii.
‘Hostile work environment’ is a less clear yet
more pervasive form of sexual harassment. It
commonly involves conditions of work or
behaviour towards a woman worker which
make it unbearable for her to be there. While
the woman worker is never promised or denied
anything in this context, unwelcome sexual
harassment occurs simply because she is a
woman. This can be illustrated through the
following example:
‘I was a management trainee at the hotel and very
excited about my job. I wanted to make a good
impression. I was required to do everything, from
peeling potatoes to front deskwork Over time, I
began to find my supervisor would look for
opportunities to convert sexual gestures into his
movements around me like leaning close to me at the
desk, assisting me in the kitchen, shaking his pockets
and looking at me as if he were stimulating himself. It
became intolerable....'
The new sexual harassment guidelines attempt to
capture both these forms of sexual harassment
28
through an exhaustive definition, which includes
unwelcome:
ii.
iii.
iv.
v.
physical contact and advances
a demand or request for sexual favors
sexually colored remarks
showing pornography
any other unwelcome physical, verbal or nonverbal conduct of a sexual nature
Clearly the definition captures the more common form
of sexual harassment which affects conditions of work
(i, iii, iv, v) while still incorporating more direct forms of
sexual harassment or ‘quid pro quo’ harassment.
Whatever the form, there are two basic elements to
understanding what sexual harassment is:
It is any conduct, which is sexual in nature
it is unwelcome.
Sexua! Conduct
Sexual harassment encompasses conduct of a sexual
nature. Illustrations of such behaviour are provided
below though these in no way exemplify the full range
of sexual harassment as experienced by women:
a) Physical contact and advances
Forms of physical sexual harassment include a broad
range of touching and physical contact, such as:
♦ intentional touching, pinching, grabbing, brushing
against another's body,
29
♦ sexual assault, coercing sexual intercourse;
♦ cornering, trapping, or blocking a person's
pathway;
♦ excessively lengthy handshakes.
♦ Any physical conduct which is unwelcome
Example A.
Sheila, a senior IAS officer is attending an office
party. In the course of the evening, a senior IPS
officer, requested that she sit next to him. She
refused. He then walked past her and slapped her on
her backside. Sheila's protest is simply brushed aside.
The gesture would amount to physical sexual
harassment.41
Example B.
Rita's supervisor purposely blocks the door every time
she tries to go out. He has even tried to bodily pin her
against the doorway asking her why she is in such a
hurry and to make some time for him too.
Other forms of unwelcome physical contact such as
unnecessary touching, patting, pinching, stroking the
other’s body, coercive sexual contact, masturbation in
front of or against the other, exhibitionism, sexual
assault and rape have also been identified as physical
sexual harassment.
b) Demand or request for sexual favours
In the work context, this is behaviour in which a victim
is made to submit herself to sexual favours or
advances over promises related to her employment
such as work conditions, promotion, higher pay,
30
otherwise described above as ‘quid pro quo’ sexual
harassment.
Example A
A marketing manager of a hotel invites a junior
marketing executive for lunch and over lunch
suggests that they spend a quiet evening after office
at his apartment. He also states that they can use the
time also to discuss performance report and salary
recommendation.
Implied in the managers
suggestion is that if the junior refuses to go to his
apartment, it will affect her records. This is probably
non-verbal sexual harassment.
n
Have you ever felt compromised by such an
offer from your boss or senior?
Example B
A senior doctor informs Rita, a junior intern, that he
can ensure her easy passage through the exams if
she is “real friendly” with him. Rita is a junior intern
and the competition to succeed is both real and
stressful. The senior doctor most probably knows this.
His remarks would probably amount to sexual
harassment.
31
Example C
Purnima is an under-secretary in the Department of
Railways. She is asked by the Joint Secretary, Ravi,
to accompany him on a training program in Alwar,
Rajasthan. When they arrive at the venue, Ravi
implies that Purnima’s job record depends on her
“sharing a room" with him. It is not necessary for the
harassment to occur in the actual place of work.42
Sexual harassment has to do with power as well as
gender relations.
n
Have you ever felt uncomfortable because of
suggestions made by a colleague or a
supervisor which have made you worried or
concerned about the job repercussions?
c) ‘Sexually coloured remarks’
Of all forms of sexual harassment, this is probably the
most common experienced by women but also the
most controversial. Some common examples include:
•
•
•
•
•
making sexually suggestive or off-color comments;
threats; slurs; sexual propositions;
.43
humor;
sexual jokes or teasing, misogynist'
sexually colored gender specific jokes;
innuendoes and off-color remarks;
comments about how someone looks, especially
about parts of the body;
catcalls, whistles and forms of address like
‘honey’, ‘sweetheart’ etc.
Indicative situational examples for the above could
be:
L'ltO
08309
32
Example A
A male supervisor of an industrial unit propositions
several of the female employees. On many occasions
he has been heard joking around the unit that having
“beautiful women” at work at the unit make him feel
like a "real man’ and “improves the atmosphere” at
work. The supervisor is creating an atmosphere of
disrespect for women whose presence is entirely
linked to his sexuality and their looks rather than to
their ability as workers. This would probably constitute
non-verbal sexual harassment.
Example B
A floor manager in an automobile plant states that he
doesn't think women can make good foremen. Often
he publicly humiliates and reprimands Janaki, the one
woman foreperson at the plant. He gives her tasks
impossible to perform. The floor manager has made
his lack of respect for women workers in senior
positions apparent. He is intent to prove the same by
using Janaki as an example.
Example C
1 and a male colleague are both junior assistant
lawyers in a senior advocate’s chamber. We began at
the same time and are both toppers yet my boss
continues to distinguish between us even in name. He
constantly refers to me as “sweetheart” or "darling”
while he refers to my counterpart by name. I have to
remind him that my name is Zeba but his behaviour
persists’
33
Often such remarks are viewed as harmless terms of
endearment 'like those a father feels for his daughter.’
Zeba of course does not view herself as her senior’s
daughter. But the remarks have the effect of
undermining her abilities as a competent lawyer and
perceive her as less serious and skilled just because
she is a woman. Behaviour which, though acceptable
in a family situation, may, in a work context, be
sexually offensive.
Can you think of remarks at your workplace
that you find sexually degrading?
d) Display of pornography
The display of pornographic material with a woman
employee as the target is obviously discriminatory
and offensive. “Pornography on an [employee’s] wall
or desk communicates a message about the way [the
employer] views women, a view strikingly at odds with
the way women wish to be viewed in the workplace.”44
The display of sexually explicit material is a common
occurrence in both the formal and informal sectors.
Women have often complained of washrooms which
contain graphic graffiti of sexual acts and body parts,
of receiving material on their desk with sexually
explicit words or pictures and where photographs
and/or calendars of nude or semi-nude women are
freely on display in offices spaces. This kind of display
conveys the message that women are sexual objects
intended for sexual gratification, a message which
often creates discomfort for both men and women
working in the office. The effect of such display is to
embarrass and isolate women.
34
Mamta, the mother of a sexually abused ten-year-old
son, works as a government servant tn the department
of immigration The fact of her son's abuse was widely
publicised at the time especially as the perpetrator was
both the father and a senior government official. Soon
after, Mamta faced discriminatory and crude treatment
from her, colleagues who resented her reporting the
case. One day she found a large poster pinned up on
the wall in front of her desk. The poster, crudely drawn,
depicted her in the nude, with metal rods inserted in her
anus and vagina, and an instrument with pincers at the
end was pulling at her nipple, and the other was the
centre of a crudely drawn dart-board. All over the poster
were lewd statements suggesting that Mamta was a
crude and ‘characterless' woman.
Other forms of unwelcome visual displays are:
♦ written material that is sexual in nature such as
letters or notes containing a sexual comment;
♦ leering or staring at another's body and \ or
sexually suggestive gesturing;
♦ displaying sexually visual material such as pinups,
cartoons, graffiti, computer programs, catalogues
of a sexual nature;
Some situational examples that could be categorized
under the above definition would be as follows:
Example A.
A female worker reporting to her supervisor is
regularly handed out information sheets pertaining to
her work with sexually explicit scribbles on the side.
On pointing this out to the supervisor, he simply
passes them off as just a joke and of little
consequence. This act would probably amount to
non-verbal sexual harassment.
35
Example B
A woman employee tn an engineering industry
complained that the walls of the washrooms displayed
nude photographs of women with pincher attached to
the pubic area. Such acts would qualify under non
verbal sexual harassment.
Example C
Aradhana, a journalist working with a well known
mainstream newspaper was shocked to learn in her
first year of an 'event' which takes place at the paper
on Holi. A rag containing lewd and sexual offensive
pictures is circulated throughout the paper from the
Senior Editor to the press room as a “joke”. Aradhana
found the so-called ‘ritual’ extremely offensive but is
unable to do anything since it has the active
participation of the management.
Fl
Are you aware of such activities occurring in
other work establishments during festival
seasons such as Holi? If so, this is behaviour
which creates a hostile and offensive working
environment
and
is
probably
sexual
harassment?
e)
Any other verbal or non-verbal conduct
There is a whole range of behaviour and activity,
which may not fall squarely within sexual harassment
as defined above but the sexual harassment
guidelines have added a sweeping definition to
capture such behaviour/activity within the ambit of
sexual harassment.
Illustrations of any other verbal or non-verbal conduct
of a sexual nature are given below.
36
Example A:
A male employee approaches his female colleague
and asks her if she would like to go out with him for
d i nhe r the next d ay. 8 h e firm ly and pol i tel y tel I s h i m
that she does not want to. He repeats his invitation
the next day. Again she rejects his invitation and
requests him not to badger her anymore. A week later
she begins to get anonymous phone calls, and then
calls from the colleague whose invitation she declined
to accept. He calls her at home at 2 a.m. and asks her
personal questions, begins to threaten to “geti back at
herdnweryionpIeasant/waysJ'iillllilgiJOiH
The male colleague is making demands on the
woman that she is not comfortable with, and is
harassing her by calling her late at night, using threats
to intimidate her etc This would probably qualify as
sexual harassment.
Example B
A professor takes an advertising and marketing class
for a group of MBA aspirants. In the course of his
lecture he uses examples to illustrate his point,
especially during the sessions on advertising.;
“ Women” he says “are your best USPs your best
m od e I s, the best way to se II a p rod uct. ..For i nstance ,
a car's lines should be sleek and sexy like a
woman;.. I soap ha s to be soft to the touch, you should
be able to hold it comfortably in your hands and
squeeze it lightly... like a woman’s breasts.” And so
on. The female students were very offended by the
use of such examples and felt hu mi I iated.; •
37
The professor makes statements that are derogatory
to women, and shows lack of respect for the students
in his class and for all women. The environment is
offensive and makes the girls feel uncomfortable
because of the sexually coloured remarks. The
example is one of sexual harassment that creates a
hostile and offensive environment on campus.
Example C
In a machine tools and metal works factory, the
foreman picks on a young factory worker name Arun,
who, according to the foreman is “effeminate”. The
foreman and his cronies waylay Arun after hours and
call him names like ‘pansy’ and other names which
suggest that he is ‘not quite a man’, that he is only
'half a man'. The young man being shy and withdrawn
is unable to respond and has no one he can trust in
his workplace. He cannot complain to anyone without
going through the foreman. He finds that he cannot
concentrate on the job and has developed sleeping
problems, anxiety and loss of appetite. 45
The victim suffers sexual harassment since his work
atmosphere is hostile and uncomfortable and the acts
contain elements of animosity owing to his
mannerisms or appearance. This form of harassment
often parallels the experience of many women.
Example D
Sujata, a lecturer needed to discuss her course work
with the department professor, one of the senior most
members of the faculty. She saw that he was having a
working lunch at his desk, so she excused herself
saying that she would come back later. He called out
38
to her just as she was leaving and said that it would
be no problem for her to discuss her work at that time.
Sujata sat across from him and began telling him
about her progress so far, and the problems she was
facing. As she did so he picked an apple, the last part
of his meal, and began rubbing it in a slow circular
motion. He was listening to her but his eyes roved all
over her neck and arms. The rubbing and the stroking
of the apple continued. Such deliberate and poorly
veiled behaviour left Sujata extremely upset and
embarrassed, who left quickly mumbling that she
would speak to him later.
The behaviour is non-verbal and is laden with sexual
innuendo that make Sujata uncomfortable; such
behaviour sends out messages of a sexual nature,
that she is the subject of his innuendo, that she is the
apple.
Can you think of other or similar examples
J which is suggestive of behaviour that is
sexually offensive in the workplace?
Unwelcome
While there are many clear examples of sexual
harassment such as when a supervisor demands sex
from an employee or a colleague draws sexually
explicit material on a woman’s desk, there are some
examples, which are less obvious. The operative
word in the definition of sexual harassment is
“unwelcome”. The test of whether something in the
workplace (verbal, non-verbal or physical) is
“unwelcome” or not is a purely subjective one.
39
( But is it sexual harassment ?
\
• A man puts his arm around a woman
at work
• Someone tells an offensive joke
• Someone comments on the
appearance of another “You look good
in thatsaree”; “What were you upto
last night”; ‘You should be nicer to meM y
The important question for the employee to
ask herself is: do you feel comfortable with
this person making this comment or
behaving towards you in this way?
One example may be as follows. A group of factory
workers tell off-colour jokes but they are all
comfortable with each other in doing so. No one feels
uncomfortable or offended by what is being said. A
new person may join the factory line and is disturbed
by the jokes. In that case, such behavior must stop. If
it persists however, this would amount to unwelcome
sexual harassment.
Asma has just joined the firm as an administrator. The
others in the firm all know each other well as they have
worked together for some time. They go out together,
have lunch together and share jokes. Asma is left out
She tries to deal with the problem by talking to the only
other woman in the department, Neera. Asma feels the
groupism is harming the work. Neera disagrees and
says Asma is just “oversensitive”. After this, the
workplace becomes unpleasant IPs apparent that the
40
group is talking about her. One morning she finds a slip
of paper on her desk which reads “It would be so much
easier if you just become one of the boys.” Asma
complains to her boss who offers to transfer her: “This
team has worked together for a long time. You
obviously don’t fit in.”
Fl
What do you think of what has happened to
Asma?
J Sexual harassment depends on
how the person being harassed is
affected- not on the harasser's
intent
The atmosphere at work has become hostile towards
her. She finds such an atmosphere uncomfortable
and unwelcome. It is the boss’s duty to see that such
behaviour changes.
So if someone’s words or actions-
•
are
Q: But how will I know it is
unwelcome or
unwelcome ?
offensive to
A : Always assume ' NO'.
you
• make you feel
uncomfortable
or threatened
• affect your job performance
- it is probably sexual harassment.
41
What organizations can do to deal with
sexual harassment
(see Annexures 'GT, 'G2' & 'G3')
According to CEDAW it is implied that sexual
harassment at the workplace is violation of a woman’s
right to “
promotion, job security46....[as well as
her]
right to protection of health and to safety
in working conditions”47 What this means is that
sexual harassment (or any other form of harassment)
is discrimination and that there is an obligation to
ensure that women can work in a secure and stressfree environment.
Consistent with this obligation, the new guidelines
give clear direction to employers for eradicating
sexual harassment at the workplace through a
double-pronged process:
a. adopting specific preventive measures
b. establishing a sexual harassment complaints
committee
According to the new guidelines, “the employer or
other responsible persons in workplaces and other
institutions”48 are under a mandatory obligation to
implement the law (whether the public or the private
sector):
From this it is evident that an organisation can (and
should) be responsible for investigating and pursuing
the matter, and can be held accountable for the
occurrence of such incidents of harassment.
42
Preventive measures
It is only when a workplace takes effective pro-active
steps to highlight sexual harassment and expressly
prohibit the same that an equal, safe and healthy
work environment is possible. For this a good deal
depends on the attitudes of employers. Trade Unions
and other Forums for workers rights can undertake
similar activities to educate its membership about the
issue of sexual harassment. Giving emphasis to
preventive measures, which are both cost effective
and easy to implement, the guidelines give some
direction to enable employers to undertake the
following:
43
♦
Express prohibition of sexual harassment
as defined should be notified, published
and circulated in appropriate ways.
In-house policies on sexual harassment
that are communicated at the workplace
should be developed. Such policies should
be regularly reviewed and circulated to alt
concerned.
♦ : Affirmatively raise the issue of sexual
harassment and its consequences at
trainings, meetings or any other such
gatherings.
♦ Inform employees of how to exercise their
right to raise and talk about sexual
harassment both through formal and
informal procedures.
♦ Develop educational methods, such as
training > programs to sensitize all
concerned about sexual harassment at the
workplace.
♦ Amend existing codes of conduct and
service rules to include sexual harassment
as an offense and provide for appropriate
discipline against the offender.
♦ Include the aforesaid prohibitions in the
standing orders under the Industrial
Employment (Stancfing Orders) Act, 1946
to cover private employers.
Provide appropriate work conditions in
respect of work, leisure, health and
hygiene to further ensure that there is no
hostile environment towards women at the
workplace.
W
It can also play a pivotal role at labor management
meetings to ensure that the employer has an antisexual harassment policy in place.
44
Additional preventive measures: Management has
a key role in correcting sexually inappropriate
behavior, which may include:
Make sure everyone knows your
workplace has a policy on sexual
harassment
State in clear terms that the
workplace will not tolerate sexual
harassment in any form
♦ being aware of
conduct in the
workplace that betrays
discomfort or
inappropriate behavior
♦ setting a good
example
informed
♦ being
about the sexual
harassment
guidelines as well as
the
complaints
procedure
Treat every
incident of
sexual
harassment
seriously.
♦ ensure that inappropriate behavior is promptly
dealt with
♦ remove
Always keep all matters relating
offensive
to a complaint of sexual
and/or
harassment confidential Both
suggestive
the ’accused’ and the
pictures, /
‘complainant’ have this right
posters and signs from the workplace especially
those that may be degrading to women
♦ involve the expertise of those who have greater
knowledge and experience in addressing sexual
harassment issues
45
Complaints mechanism
Complaints Committee
9 9 ft
In the event that a
sJ NGO / case of
does occur
sexual
harassment
despite preventive measures, the
new guidelines impose an obligation on employers to
set into motion the complaints’ mechanism. The
complaints procedure involves a complaints’,
committee, who may either directly or indirectly take
on investigation of the case. Mandatory prerequisites
for such a committee are that it:
♦ be headed by a woman,
♦ have half of its members as women
♦ include a third-party representative from an NGO
or any other agency conversant with the issue of
sexual harassment (to prevent undue pressure
from within the organisation with respect to any
complaint)
♦ it handles complaints in a confidential manner and
within a time-bound framework
♦ it prepares an annual report on sexual harassment
cases to be submitted to the appropriate
government department (for eg. the Ministry of
Labour, Department of Women and Child or the
Ministry for Social Justice and Empowerment) and
report on action taken by the Committee.
46
For effective functioning of the Committee the
following additional practices may be undertaken:
♦ provision for medical, counseling or any other
support service required by the affected person
(as mandated by the new law);
♦ prevent
retaliation,
victimization,
additional
harassment and/or humiliation against the
complainant or of any witnesses (in this regard,
the guidelines create an option in favour of a
complainant to seek transfer of the perpetrator or
their own transfer);
♦ given that women, for a variety of reasons
(including shame, guilt and fear), do not always
report sexual harassment promptly, a delay in
reporting should not work against her.
Employers or those otherwise appointed to a
complaints, committee at work will find the
following useful in evaluating the responses of a
woman complainant:
Women respond to sexual harassment in a number
of ways, and the coping strategy she selects
depends on her personal style, the type of incident,
and her expectation that the situation is susceptible
to resolution. Typical coping methods could
include49:
♦ denying the impact of the event, blocking it out.
♦ avoid the workplace or the harasser, for instance,
by taking sick leave or otherwise being absent
♦ telling the harasser to stop
♦ engaging in joking or other banter in the language
of the workplace in order to defuse the situation
47
♦ threatening to make or actually making an informal
or formal complaint.
While investigating a complaint of
sexual harassment the Committee
ought to keep in mind the following:
•
•
•
•
•
•
•
whether the conduct was verbal or physical, or
both
how frequently it happened
whether the conduct was unwelcome
the working relationship in terms of hierarchies
between the alleged harasser and the affected
person.
whether others joined in perpetuating the
harassment
whether the harassment was directed at more
than one individual
assess the impact of harassment on the affected
person
Criminal Law
While the shift in focus arising from the guidelines is
from criminal law to a human rights understanding of
sexual harassment, an affected person can
simultaneously avail of the criminal law (however
limited) in a situation of sexual harassment. According
to the guidelines:
♦ Where such conduct amounts to a specific offense
under the Indian Penal Code or under any other
law, the employer shall initiate appropriate action
in accordance with the law and file a complaint
with the authorities.
48
♦ Complainants or witnesses must not be victimized
or discriminated against while dealing with
complaints.
♦ Where sexual harassment takes place as a result
of an act or omission by any third party or outsider,
the employer and/or person in-charge must take
all steps necessary and reasonable to assist the
affected person in terms of support and preventive
action.
Remedial Measures : Where there is a finding of
the Complaints Committee in support of the
complainant, each
organisation may adopt
its own remedial
The organisation
cannot victimise the
measures within a
woman for her
declared policy. To
inefficiency or
absence during the
provide options for
period of harassment
adequate redress to
women who
experience sexual
harassment at the workplace, the Committee might
also consider the following suggested remedies. Each
should be subject to the nature and intensity of the
harassment:
the affected woman can be given adequate
compensation for any wages or salary lost or
any other benefits instead of financial
payments as a result of the harassment.
ii.
documenting the harassment in the harasser's
confidential report and issue a warning to him.
49
ill.
the harasser can be asked to give an apology,
either written or verbal, in public or private to
the affected woman.
iv.
remove any detrimental comments in the files
on the work performance of the affected
complainant which may have been recorded
during the period of the harassment
v.
downgrade the job status of a perpetrator
vi.
observe the harasser more closely at work
VII.
transfer, suspension
harasser
or
dismissal
of
the
Training program guidelines to combat
sexual harassment at the workplace
All government and private sector organisation
including hospitals, universities and other responsible
person come under the purview of the sexual
harassment guidelines.
The new guidelines have just begun to receive
visibility at the workplace especially in light of a
subsequent decision of the Supreme Court of India
which reaffirms sexual harassment as a human rights
violation and recognises such abuse as women
experience it.50
Strategies in different workplace
contexts are only beginning to emerge but are not as
yet sufficiently broad-based to allow for general
examples. Whatever the context therefore, strategies
should include examining social messages that do not
fit today’s work environment. To do so it is important
50
that organisations/employers undertake the following
critical steps:
an effective policy which defines as well as
illustrates the meaning of sexual harassment at
work
♦ effective and creative preventive mechanisms
♦ an effective complaints procedure
♦ education/training programs for all levels/members
of an organization.
♦
primary
task
of
an
Given
that
the
organization/employer ought to be prevention of
this section focuses on
sexual harassment,
education/training as a critical aspect of prevention.
Below therefore are basic training /education
guidelines to employers, trade union officials,
government departments, NGOs and international
bodies that might help to mainstream prevention of
sexual harassment at the workplace. The scope of
these guidelines will vary according to the needs of a
particular workplace, organization or institution.
Sexual
Recognise
and
Acknowledge
Harassment as an Issue
Behavior that many
women or courts can
Recognising means to:
now label as sexual
■ Redefine attitudes
harassment
has
■ Unlearn socialisation
often been accepted
as normal in the
workplace. Women have
been expected to tolerate off color jokes, demeaning
remarks, sexual innuendoes, obscene remarks and
visuals. In some organizations they may even have
faced some activities as offensive as pornography.
I.
51
Such behaviors are often the result of our
socialization. It is therefore important to first recognise
and acknowledge the existence of sexual harassment
as a health and safety issue at the workplace before
any kind of education can begin. To do this an
employer may begin by a simple but clear statement
about the issue to be circulated to employees. This
will lend some degree of seriousness to the issue and
alert employees to concern about sexual harassment
at the workplace.
2. The assessment:
An assessment of your workplace, will allow better
planning of a training program as well as provide real
examples which might be used during workshops
and/or training’s.
Gathering focus groups of different target employees,
such as lower level women, higher level women,
lower level men, higher level men, will allow for quick
and effective collation of concrete data on the
organization's problems and needs as well as
determine the scope and extent of intervention
necessary. It is preferable that the initial assessment
exercise does not allow for a mix in terms of either
gender or hierarchies as this may not allow for an
honest assessment.
To gather this data, interviews, questionnaires or
surveys may be employed depending on comfort
levels and also allow for discussion (see Annexure
H). Confidentiality as well as anonymity with
respect to data collected, must be maintained at all
times. Such intervention should be designed to
assessAhe extent of sexual harassment as a problem
-Va
083U0
52
in an organisation; existing responses to such
harassment and a preliminary response to preventive
and remedial measures proposed under the
guidelines.
Experience has shown that this initial intervention will
assist in the disclosure of sexual harassment at work.
3. Management/Senior level support
•
Senior management support and commitment to a
harassment-free workplace is a critical strategy to
ensure effective training or awareness-raising
programs. In the absence of such commitment
and support it will be difficult for any awareness
programs to succeed. This strategy may be
effected by sharing results of the needs
assessment
with
senior
persons
in
the
organisation and inviting them to be involved in
review of the training design.
•
Most important, if a workplace has not established
a sexual harassment policy, there is a need to
encourage it to do so in compliance with the
Supreme Court guidelines. Initiating training is one
way to ensure some degree of awareness about
the law and organisational liability under it. It may
not always be possible to have the policy in place
prior to training, but initiating the process of
creating such a policy is critical to ensure long
term benefits of such training.
•
A letter or statement from a senior person or team
should go out to members of the workplace
announcing an upcoming sexual harassment
program.
It
should
indicate
senior
level
53
commitment to eliminating sexual harassment at
the particular workplace, the goals and broad
outline of a training program and whether
attendance is mandatory (this may vary according
to context). This should then be followed up with
subsequent detailed information about the
program itself.
•
Management support can also be demonstrated
by having senior members of the management
open different training sessions. It provides a
strong display of management commitment and its
stand on the issue.
4. Participants
•
Depending on the organisational structure, there is
often apprehension that placing senior and junior
level persons together in training may intimidate
junior level workers. It is a matter of discretion
(perhaps after an initial separate training) to offer a
combined training of supervisors and employees
(provided there are no immediate subordinates
and their supervisors). This is useful to allow
supervisors overcome any denial regarding the
existence of sexual harassment as a problem in
the organization.
The success of sexual harassment education
depends on the extent to which it is interactive.
Discussing various sexual harassment topics may
generate strong feelings in some participants,
including resistance, hostility, confusion, hurt,
pain, and denial. As a facilitator, dealing with these
feelings is a necessary skill that involves:
54
•
•
•
•
•
not being confrontational
encouraging allies in the group to address these
issues
adopting role plays
identifying myths and stereotypes about sexual
harassment early on in the process (See
Annexure 'I')
In many organizations, the denial that sexual
harassment exists is common. This is to be
expected because if participants have not
witnessed or experienced the negative results of
sexual harassment personally, they may have
difficulty perceiving the problem. Denial also
extends to not wanting to recognise the unequal
way in which men and women interact in a
workplace as this may create some level of
insecurity and disempowerment for some male
members. During training-especially in hostile
work environments--it is important to encourage
female participants to share personal experiences
in order to help male colleagues understand the
impact of sexual harassment. However, it is
important to be aware that women feel pressure to
deny a problem, even though they may be
experiencing direct harassment themselves.
Women often feel that if they complain openly they
will face retaliation. It is important to raise this
understanding in the training and encourage
participants to speak.
55
1 Awareness of their own values, biases, and comfort wit
diversity.
2. Understanding of group learning processes.
3. Flexibility while conducting the exercise and the
unanticipated situations that arise in them.
4. Knowledge about the sexual harassment guidelines,
including recent developments.
5. Respect for diversity and acceptance of participants’
various styles and allowing all members the freedom to
participate in their own way and at their own pace.
6. Ability to establish an informal, warm, and supportive
atmosphere using a relaxed approach.
7. Ability to deal with highly-charged emotional issues;
8. Ability to handle participant resistance and denial;
9. Ability to remain open to feedback of participants i
order to learn about her or himself.
Given that sexual harassment as an issue has
only just gained visibility in India, finding in-house
trainers equipped to deliver training may not be
easy. But such persons need to be built up by
institutions over a period of time through the use of
external facilitators in the first instance.
•
Sexual harassment trainers should have a good
understanding of sex discrimination, sexual
harassment and the laws governing it and of other
related
issues
such
as
prejudice
and
heterosexism. Facilitators should also have a solid
base of group process skills, including skills to
create a climate of trust so participants feel safe in
exploring sexual harassment issues.
The following qualities possessed by a facilitator will
enable them to conduct a more effective training:
56
While the Supreme Court guidelines have
seemingly been targeted for the formal sector,
much of what is raised can also be adapted for the
informal sector. The aim of training with informal
groups has so far been to bring about awareness
of the guidelines, interactive understanding of
what constitutes sexual harassment and lobbying
to establish committees within such sectors. For
example, women who carry out trade at vegetable
or fish markets have spoken openly of sexual
harassment as an inhibiting factor at work. Small
group meetings have begun to empower such
women with a demand that complaint committees
be established within such markets.
•
Finally, the actual content of training
address the following topics:
should
♦ introduction to the Issue
♦ perception vs. realities of sexual harassment
♦ defining sexual harassment
♦ the incidence of sexual harassment based on an
assessment report
♦ impact of sexual harassment on individuals and
the workplace
♦ the sexual harassment guidelines, specifically
prevention and the complaints committee
These are only a few suggestions to initiate voicing
this issue at workplaces. This is only possible if first
and
foremost
employers/organisations
and
employees/workers begin to talk about the guidelines
and appreciate their value for creating a healthy and
safe work environment.
57
What should you do if you have been
sexually harassed?
Having gone though
this
chapter
there
Oon't feel guilty
maybe some incidents
or concepts with which
it's not your faultl
readers can identify.
Below
are
some
suggestions which while not appropriate in many work
contexts may provide some direction in terms of what
a person affected by sexual harassment might do
♦
Tell the harasser to stop. Given our social
context and conditioning, some men as well as
women may not recognise that certain kinds of
behaviour are harassing. At the same time many
women are unable to inform a harasser that his
attentions are unwanted. Keeping this in mind it is
surprising
how
Know your employer's
effective
policy on sexual
such
a
harassment. If one
statement
doesn't exist, offer to help
can be to
to develop one
end
harassment
before it escalates. It requires an affected woman
to make clear that she finds the behaviour
offensive. If the behaviour persists, a memo may
serve the purpose.
♦
Keep a record or talk to someone Even if you
are unable to say anything to harasser, and if its
58
practical, try to keep a ‘diary’ of everything he has
said and done- messages, cartoons, off-colour
comments, inappropriate comments about your
appearance etc. Keep a record of dates and as
meticulous a record of everything that was said
and keep this with you at home. If you are not in
position to keep your record in writing or work in
an informal sector, try and relate it to someone
you can trust. If you are a union member, you can
talk to someone in charge in your union. If the
harasser is your superior, try to talk to his superior
or a trustworthy co-worker. Where NGO groups
are accessible and equipped to know about sexual
harassment, consult one for advice (see the end of
this chapter). It is important for any potential
inquiry to be clear about the exact nature of the
harassment and when it occurred.
♦ Keep your evaluations. If periodic evaluations of
your work have been done, make sure you have
copies of them. If your personnel file shows that
your performance was good before the
harassment began, and that it subsequently
deteriorated, keeping such documentation will be
of help.
♦ Get a medical check-up. If you have been raped
or physically assaulted take a friend long and go
for a medical check-up. Obtain a medical report.
This is important should you decide to pursue a
legal case. Once your organisation has a policy
according to the Supreme Court’s guidelines, your
employers would have to take on the responsibility
for arranging this.
59
♦ Informally raise the
Be supportive of
issue at work. Talk to
people who are being
other women in the
sexually harassed.
office, and find out if
Offer to be a witness.
any of them have had
similar experiences at
the workplace. It is not uncommon to find others
who may have experienced the same but chose to
keep silent, fearing the social as well as economic
repercussions. Encourage them to talk and
support the issue. The new guidelines prohibit
victimisation of a complainant.
♦ File a Complaint. If there is a complaints
mechanism in place then follow the procedure and
file a complaint. If one does not exist then
encourage your colleagues and others at the
workplace to
lobby for one
Avoid making assumptions
with details
that "jokes" or "friendly
gestures” are harmless or
about the
inoffensive. The person
complaint
experiencing such
mechanism and
behaviour may not view it
members of the
that way.
Complaints
Committee.
♦ Remember, the guidelines require the process
of be confidential
Raising the issue or complaining about sexually
offensive behaviour that an employee knows of is one
step towards creating a largely healthy and safe work
environment for all.
60
If you are facing a problem of sexual harassment at
the workplace, or are aware of someone who is, and if
you feel confused, hurt or angry and want to know
what your options are, you may wish to contact any
one of following for guidance:
SAKSHI
B -67, First Floor,
South Extension Part 1,
New Delhi -110 049
phone/ fax: 464-3946
email: sakdel@sakshi.unv.emet. in
Alochana Kedar,
86/11-B,
Kanchan Gali, Erandvare,
Pune-411001.
National Alliance of Women (NAWO)
20 J/3, Krishna Nagar
Safdarjung Enclave
New Delhi — 110 029
Phone-6171446
Sanhita
Gender Resource Centre
89B, Raja Basanta Roy Road
Calcutta - 29
Phone-4662150/4631430
Fax - 4730687/5619
e-mail- sanhita@cal vsnl.net.in
61
Conclusion
This chapter is a preliminary effort to document the
prevalence of sexual harassment at the workplace
and measures that can be adopted by various
institutions to eliminate this violence. The guidelines
laid down by the Supreme Court of India have been
unique in terms of making civil society accountable to
It is a reference manual
that can be adapted by a
variety of institutions
for building a healthy
work place.
maintaining women's integrity and eliminating their
abuse at work. It is a unique exercise that addresses
women's violence from a Human Rights perspective
and interprets law from her substantive reality. As the
chapter mentions, sexual harassment is not confined
to the formal sector ar. I proof lies in the fact that
these guidelines emerged from harassment followed
by the rape of a Saathin, in a rural setup in Rajasthan.
The judgement is vast in it's content giving space for
its interpretation and adaptability in a variety of
workspaces. The guidelines are a proactive measure
that demand attitudinal shifts in mainstream male
behaviour thereby re-defining the interplay of power
equations in working relations between men and
women. By laying down a mechanism for the
62
guidelines and sharing our knowledge base on this
issue, this chapter is an initial endeavour to empower
women worker's rights in India with yet another tool.
1
Based on an unpublished preliminary spot survey
conducted by Sakshi (see Annexure 'A').
2 The 9 to 5 Guide to Combating Sexual
Harassment: p5; Ellen Bravo & Ellen Cassidy.
3 India Economic Yearbook, 1995 pg. 113
4 "From 1989 to 1993, there was an overall 25.2
percent increase in crimes against women in India
From approximately 65,000 cases in 1991, this
figure increased to 100,000 by 1993. The National
Crime Records Bureau in its 1994 report revealed
an appallingly low level of convictions and an
increasing number of pending cases in crimes
against women cases." Gender and Judges: A
Judicial Point of View Sakshi, 1997 at pg. 8
5 Reference is invited to Women Employees end
Rural Development" Problems of Employed
women in Rural Areas Anuradha Bhoite, Delhi,
Gian Publishing House 1987
6 The study being carried out by Sakshi is at its pilot
stage but the present statistic is based on an initial
survey of 250 men and womeh in New Delhi,
Trivandrum, Bhubaneshwar, Ahmedabad and
Bangalore.
7 ibid.
8 (1997) 6 SCC 241 The case is discussed later in
this chapter.
9 Janzen & Govereau V. Platy Enterprises Ltd
(1989) 59 D.L.r. (4th) 352 (S.C.C.)
10 The effect of a State ratification of an International
Instrument is an implied promise to other states, to
adhere to its obligation under the instrument and
63
to ensure that domestic laws are in compliance
with that instrument.
11 In contrast the International Convention on the
Rights of the Child was ratified within three months
of being signed by signed by the Government of
India.
12 These included the following:
The Indecent Representation of Women
(Prohibition) Act, 1986
The Equal Remuneration Act, 1976 (amended in
-1987)
Commission of Sati (Prevention) Act, 1987
Andhra Pradesh Devadasi (Prohibition of
Dedication) Act, 1988
The Maternity Benefit (Amendment) Act, 1988
The Criminal Law (Amendment) Act, 1983 which
made several amendments to the Indian Penal
Code (S.228-A, 376B, 376C and 376D); the Code
of Criminal Procedure, 1973 (s.327 amended) and
the Indian Evidence Act, 1872 (S.114A) in respect
of Rape
The Dowry Prohibition Amendment Act, 1984
The Criminal Law (Second Amendment) Act, 1983
and The Dowry Prohibition (Amendment) Act,
1986 which made several amendments in the
Indian Penal Code (S.304-B and 498-A), the Indian
Evidence Act (s. 113-A and 113-B) and the
Criminal Procedure Code, 1973 (s.174 and s.198A) n respect of dowry.
The Muslim Women (Protection of Rights on
Divorce) Act, 1986.
13 See the Criminal Law (Amendment) Act, 1983; the
Criminal Law (Second Amendment Act) 1983; the
Dowry Prohibition (Amendment) Act, 1984 and the
Family Courts Act 1984.
64
14 Section 228A Indian Penal Code, 1860
15 Section 376(2)(a) Indian Penal Code, 1860.
16 Section 114A, Indian Evidence Act, 1872
17 Section 498A Indian Penal Code, 1860
18 Section 8, Dowry Prohibition Act, 1961
19 See "Combating Sexual Harassment at Work” ILO
Seminar Manila, Nov. 22-26, 1993 (Country
Paper, India) Rajesh Kishore, Deputy Secretary,
Dept. Of Women & Child Development, Ministry of
Human Resource Development and Sashi Jain,
Joint Secretary, Ministry of Labour at pp. 1
20 Reference is invited to:
1. Republic Act No. 78771 "An Act Declaring Sexual
Harassment Unlawful In the Employment,
Education or Training Environment, And for Other
Purpose." (Republic of the Philippines, Congress
of the Philippines Metro Manila, 25.7.1994
2. No. 1994: The Ministry of Labor in Japan
published two different versions of pamphlet on
sexual harassment. (Ref. "No! Sexual
Harassment" NO! SH, Japan)
21 Reference is invited to “Combating Sexual
Harassment at the Workplace” ILO Digest Vol. No.
II, 1992
22 General Recommendation No. 19 of the
Committee on the Elimination of Discrimination
Against Women, Eleventh session, New York, 2031 January, 1992. Item 7 of the agenda (CEDAW
document CEDAW/C/1992/L.1 Add. 15, 29.1.92)
23 Ibid, pg. 1
24 Ibid, pg. 5
25 (1997) 6 SCC 241 (hereinafter referred to as
"Vishaka”)
26 The name has been changed to protect the
identity of the complainant.
65
27 The new guidelines are mandatory and legally
binding. In the words of the Court “In view of the
above, and the absence of enacted law to provide
for the effective enforcement of the basic human
right of gender equality and guarantee against
sexual harassment and abuse, more particularly
against sexual harassment at work places, we lay
down the guidelines and norms specific...for due
observance at all work places or other institutions,
until a legislation is enacted for the purpose.....
These directions would be binding and
enforceable in law until suitable legislation is
enacted to occupy the field
”
28 Janzen & Govereau vs. Platy Enterprise ltd. 1989,
59 D.L.R . (4th ) 352 (S.C.C )
29 see section 509 Indian Penal Code, 1860
30 see 1984 Cr.L.J. 786; 1984 Cr.L.J. 1254; AIR
1992 SC 2043; 1991 Cr.L.J. 411, 1989 Cr.L.J. 383
H P.
31 Translate extract from the trial court judgement of
the District and Session court (Jaipur, Rajasthan)
in State vs. Ramkaran and others at pp 17 dtd
Nov. 15, 1995
32 Lehmann vs. Toys'R'US, Inc. 132 N.J. 587
33 Adapted from 'Combating Sexual Harassment at
the Workplace’ ILO Digest Vol. 11, 1992
34 Reference is invited to Condition of Work Digest,
Volume 11, p9 , 1992 ILO
35 Reference invited to Theresa Rehman vs. Toys
'R' US . Supreme Court of New Jersey. 132NJ
587,626 A 2d 445. 1993.
35 Gender Violence: Interdisciplinary
Perspectives, Changed Women and Changed
Organisations: Consequences of and Coping with
66
Sexual Harassment, Barbara A. Gutek and Mary
P. Koss, 1997 pg.151 at 161-162.
38 ibid
39 Recount of a female journalist to Sakshi (1998)
40 Complaint of sexual harassment at work
(Reference, Sakshi, 1998)
41 K.P.S. Gill vs. St. & Ors. (Crl. Appl. No. 20 of 1996
decided on Jan. 1, 1996)
42 See Apparell Export Promotion Council vs.
A.K.Chopra (Civ. Appl. No. 226/227 of 1999
decided on Jan. 20, 1999)
43 A misogynist is one who practices hatred of
women
44 Robinson v. Jacksonville Shipyards, Inc., 760 F.
Supp. 1486 (MD. Fla. 1991)
45 While the new sexual harassment guidelines were
created to specifically deal with the more common
forms of sexual harassment of women at work, the
example illustrates a case of male sexual
harassment. In the small instances where this is
found to exsit, the majority of perpetrators are men
46 CEDAW, Article 11, para 1 (c)
47 CEDAW, Article 11, para 1 (f)
48 Refer to X/ishaka
49 Meritor Savings Bank v. Vinson, 477 U.S. 57
(1986)
50 See Apparel Export Promotion Council vs.
A.K.Chopra (Civ. Appl. No. 226/227 of 1999
decided on Jan. 20, 1999).
67
ANNEXURE 'A'
BRIEF DETAILS OF
PILOT STUDY
CARRIED OUT BY
SAKSHI IN NOVEMBER 1996.
Sakshi conducted a preliminary spot survey in both
industry and an academic setting to investigate the
prevalence and nature of the sexual harassment
faced by women. The spot survey was carried out to
support the Vishaka case while it was still being heard
before the Supreme Court of India. The general
trends gathered through this brief survey are given
below.
All private companies, public-sector units (seven in
number) and the university approached are based in
New Delhi and the survey was conducted over a
period of four months. Sakshi used a questionnaire
with both men and women (a different one for each)
followed by in-depth interviews with certain
respondents.
General Trends
Sakshi’s spot survey threw up some interesting
results regarding sexual harassment at the workplace
as experienced by women in a large university in New
Delhi and in different firms in the city. The perceptions
of men as to what constitutes sexual harassment and
how and when it occurs were issues we were also
able to tap. These results are in no way indicative of
the feelings and outlook of the majority of people,
though we have interviewed what could statistically be
called a ‘large sample’ i.e., more than thirty people. At
68
this stage we cannot make blanket generalisations
regarding the experiences and attitudes of men and
women. Our aim in this report is to highlight that
sexual harassment is a violation whose very
existence has been denied and that the experiences
of the women we interviewed is a testament to this
fact.
Sample: Female students and faculty at a large
university in New Delhi & employees (female and
male) in seven firms in the city.
Our definition of sexual harassment we found is
broader than what most men and women think it is.
When we communicated
____
Look
at me too
this to female
sometimes!
respondents in the
Come here, look at
group, they were easily
this! Lets piX her on
our desk
I,
able to identify with it.
For them sexual
harassment included:
• unwelcome, non-verbal sexual conduct
• offensive language
• uninvited sexual remarks pertaining, to clothes,
physique etc.
• unwelcome invitations outside of office/ college
hours
• a sexually hostile environment on campus
Half the group had experienced abuse of this kind
with a larger number having faced physical assault,
i.e. unwelcome non-verbal sexual conduct. This was
borne out through the experiences of women who
haye faced sexual harassment in the group.
69
Respondents were unable to speak about verbally
•offensive sexual conduct like discriminatory sexual
remarks, language, innuendo etc. given a real fear
that they would not be believed; that this would not
survive as a complaint with any forum and that sexual
harassment could be justified only by visible, physical
scars. Thus in many cases physical assault was the
culmination of a number of instances of verbal
conduct. One reason underlying the inability to
identify verbal conduct as sexual harassment is that
both men and women believe verbal conduct is
socially acceptable and taken for granted. It is
indicative of an attitude that
regards women’s realities as
What
immune to such behaviour
Lies!!
which
is
not
otherwise
physically offensive. This was
supported by the view of male
respondents in the survey
who felt that a woman would
generally receive the following
responses if she were to complain about verbally
offensive conduct:
•
•
•
she is 'over-reacting’
she is a ‘poor sport’
she is a 'trouble-maker'
This is precisely what makes it difficult for women to
talk about such forms of harassment.
Sexual harassment is as devastating as it is owing to
the impact of such abuse, of resisting it and of
speaking about it. The abuser is often a person in a
position of authority and power who can affect a
woman
complainant’s
professional/
academic
70
existence or potential for advancement. In the case of
respondents in industry, business and trade, the
harasser was found to be either a supervisor or other
organisational superior; in the case of faculty and
students surveyed it was reported that third party
harassment is a common- experience, while
harassment by students and faculty members was
also reported.
In the cases of sexual harassment where
complainants sought redress from within the
organisation, the management representative ignored
the complaint. This response was commonly rooted in
a fear of ‘upsetting’ the harasser'(generally as senior
person in the organisation). In one case, the harasser
persecuted the complainant by ensuring that she lost
every other opportunity to work that she later
explored. A more common basis for such lack of
response or initiative in reacting to sexual harassment
complaints is that those who receive such complaints
are concerned with their own career prospects and
feel an outward response will impact negatively on
them.
Our findings then appeared to indicate two options
available for women who experience sexual
harassment on work or on campus, neither of which is
palatable: keep quiet and put up with the abuse, or
leave the organisation. Neither option actually
addresses the issue. It only serves to exacerbate the
indignity of such violations.
The sexual harassment guidelines have widened
those options. At the time of conducting this survey,
the guidelines did not exist and a majority of women
did not take action against the harasser. An optimistic
71
note however is that when asked whether an in-house
complaints committee and -procedure would help to
address sexual harassment at work and on campus,
there was a resounding ‘yes’ from respondents.
Attitudes formed a critical part of many responses to
the survey. Often it is precisely an attitude that makes
a woman feel she is not equal to her male colleagues,
which undermines her sense of confidence and
esteem and which makes her feel like an object of
sexual repartee. Fears of not being believed, of being
accused of 'sleeping her way to the top', of taking
revenge on male colleagues for relationships
besmirched and encounters compound her silence
and confusion. Attitudes that signal how women
“ought to be” must be excavated to locate the source
of disbelief and silence that surround sexual
harassment at the workplace.
We asked male respondents questions pertaining to
their attitudes regarding women who work with them
and their opinions about sexual harassment at the
workplace. The following quotes illustrate some of the
attitudinal barriers that need to be crossed or
dismantled for sexual harassment to become a visible
form of discrimination and violence. The respondents
were from both public and private sector
organisations:
‘Women
who
are
bold,
outspoken
and
aggressive....those who live with a man outside of
marriage., and those who wear revealing 'Western
clothes’... are most likely to be harassed’
‘ There should be dress codes in an office... to
promote the Indian way of living... to promote
72
Indian culture and traditions and respect for
women.. .to be decent and go with society’s norms...."
‘Women will be successful only in certain departments
in an organisation....in the Indian environment women
are structured to take on certain jobs only., like
nursing, modelling, sales/shop assistants,
as
airhostesses.... they will do justice to these
assignments in keeping with physique and Indian
conditions...’
' Women in my organisation are extremely beautiful
and graceful... no wonder they would face the threat
of harassment...’
‘ Sexual harassment doesn’t take place in our
organisation... only those foreign multinational
cotnpanies with their Western work culture and free
and easy manners where women are allowed to do
and say what they want....is where all this happens. ’
Note: In late 1998 Sakshi expanded the scope of this
survey to a more broad-based study which includes
more respondents and a wider cross-section of
working sectors from around the country to provide a
more representative picture Of the nature and
prevalence of sexual harassment at the workplace.
The study is still ongoing and aims for completion by
the end of 1999.
73
ANNEXURE ‘B*
IN THE SUPREME COURT OF INIjfA
CRIMINAL ORIGINAL JURISDICTION t
WRIT PETITION (CRIMINAL) NOS. 666-70 OF 1992
Petitioners
Vishaka & Ors
Versus
State of Rajasthan & Ors.... Respondents
JUDGEMENT
Verma, CJI:
■J.'.i Petition has beeg filed for the
This Writ
enforcement of
c. the fundamental rights of working
..cT.cn
under
Articles 14, 19 and 21 of the
women
Constitution of India in view of the prevailing climate
in which the violation of these rights is not uncommon.
With the increasing awareness .and emphasis on
gender justice, there is increase in the effort to guard
against such violations; and the resentment towards
incidents of sexual harassment is also increasing. The
present petition has been brought as a class action by
certain social activists and NGOs with the aim of
focussing attention towards this societal aberration,
and assisting in finding suitable methods for
realisation of the true concept of ‘gender equality’;
and to prevent sexual harassment of working women
in all work places through judicial process, to fill the
vacuum in existing legislation.
The immediate cause for the filing of this writ
petition is an incident of alleged brutal gang rape of a
social worker in a village of Rajasthan. That incident
74
is the subject matter of a separate criminal action and
no further mention of it, by us, is necessary. The
incident reveals the hazards to which a working
woman may be exposed and the depravity to which
sexual harassment can degenerate; and the urgency
for safeguards by an alternative mechanism in the
absence of legislative measures.
In the absence of legislative measures, the
need is to find an effective alternative mechanism to
fulfil this felt and urgent social need.
Each such incident results in violation of the
fundamental rights of ‘Gender Equality’ and the ‘Right
to Life and Liberty’. It is a clear violation of the rights
under Articles’14,15 and 21 of the Constitution. One
of the logical consequences of such an incident is
also the violation of the victim’s fundamental right
under Article 19 (1) (g) ‘to practice any profession or
to carry out any occupation; trade or business’. Such
violations, therefore, attract the remedy under Article
32 for the enforcement of these fundamental rights of
women. This class action under Article 32 of the
Consistution is for this reason. A writ of mandamus in
such a situation, if it is to be effective, needs to be
accompanied by direction for prevention; as the
violation of fundamental rights of this kind is a
recurring phenomenon. The fundamental right to carry
on any occupation, trade or profession depends on
the availability of a “safe” working environment. Right
to life means life with dignity. The primary
responsibility for ensuring such safety and dignity
through suitable legislation, and the creation of a
mechanism for its enforcement, is of the legislature
and the executive. When,- however, instances of
sexual harassment resulting’ in violation of
75
fundamental rights of women workers under Articles
14, 19 and 21 are brought before-us for redress under
Article 32, an effective redressal requires that some
guidelines should be laid down for the protection of
these rights to fill the legislative vacuum.
The notice of the petition was given to the State of
Rajasthan and the Union of India. The learned
Solicitor General appeared for the Union of India and
rendered valuable assistance in the true spirit of a law
officer to help us find a proper solution to this social
problem of considerable magnitude. In addition to Ms.
Meenakshi Arora and Ms. Naina Kapur who assisted
the Court with full commitment, Shri Fli S. Nariman
appeared as Amicus Guriae and rendered great
assistance. We place on record our great appreciation
for every counsel who appeared in the case and
rendered the needed assistance to the Court which
has enabled us to deal with this unusual matter in the
manner considered appropriate for a cause of this
nature.
Apart from Article 32 of the Constitution of
India, we may refer to some other provisions which
envisage judicial intervention for eradication of this
social evil. Some provisions in the Constitution in
addition to Articles 14, 19 (1) (g) and 21, which have
relevance are:
Article 15:
“15 Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.
(1)
The State shall not discriminate against any
citizen on the grounds of religion, race, caste,
sex, place of birth or any of them.
76
(2)
XXX
(3)
Nothing in this article shall prevent the State
from making any special provision for women
and children.
(4)
XXX
XXX
XXX
XXX
XXX
Article 42:
42” Provision for just and humane
conditions of work and maternity relief. The State
shall make provision for securing just and humane
conditions of work and for maternity relief’.
Article 51 A
“51A. Fundamental duties. It shall be the duty of
every citizen of India.
(a) to abide by the Constitution and respect its ideals
and institutions,...
XXX
XXX
XXX
(b) to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities; to renounce practices
derogatory to the dignity of women.
XXX
XXX
XXX
Before we refer to the international conventions
and norms having relevance in this field and the
manner in which they assume significance in
application and judicial interpretation, we may
77
in the
advert to some other provisions
Constitution which permit such use. These
provisions are:
Article 5.1:
“51. Promotion of international
security. The State shall endeavour to
XXX
XXX
peace
and
XXX
(c) foster respect for international law and treaty
obligations in the dealings of organised people
with one another and
XXX
XXX
XXX
Article 253:
“253. Legislation for giving effect to international
agreements. Not withstanding anything in the
foregoing provisions of this Chapter, Parliament has
power to make any law for the whole or any part of
the territory of India for implementing any treaty,
agreement or convention with any other country or
countries or any decision made at any international
conference, association or other body”.
Seventh Schedule:
“List 1 - Union List:
XXX
14.
XXX
XXX
Entering into treaties and agreements with
foreign countries and implementing of treaties,
agreements and conventions with foreign
countries.
XXX
XXX
XXX
In the absence of domestic law occupying the field, to
formulate effective measures to check the evil of
78
sexual harassment of working women at all work
places, the contents of International Conventions and
norms are significant for the purpose of interpretation
of the guarantee of gender equality, right to work with
human dignity in Articles 14, 15, 19(1)(g) and 21 of
the Constitution and the safeguards against sexual
harassment implicit therein. Any International
Convention not inconsistent with the fundamental
rights and in harmony with its spirit must be read into
these provisions to enlarge the meaning and content
thereof, to promote the object of the constitutional
guarantee. This is implicit from Article 51(c) and the
enabling power of the Parliament to enact laws for
implementing the International Conventions and
norms by virtue of Article 253 read with Entry 14 of
the Union List in Seventh Schedule of the
Constitution. Article 73 also is relevant. It provides
that the executive power of the Union shall extend to
the matters with respect to which parliament has
power to make laws. The executive power of the
Union shall extend to the' matters with respect to
which parliament has power to make laws. The
executive power of the Union is, therefore, available
till the Parliament enacts legislation to expressly
provide measures needed to curb the evil.
Thus, the power of this Court under Article 32
for' enforcement of the fundamental rights and the
executive power of the Union have to meet the
challenge to protect the working women from sexual
harassment and to make their fundamental rights
meaningful. Governance of the society by the rule of
law mandates this requirements as a logical
concomitant of the constitutional scheme. The
exercise performed by the Court in this matter is with
this common perception shared with the learned
79
Solicitor General and other members of the Bar who
rendered valuable assistance in. the performance of
this difficult task in public interest.
The progress made at each hearing culminated in the
formulation of guidelines to which the Union of India
gave its consent through the learned Solicitor
General, indicating that these should be the
guidelines and norms declared by this Court to govern
the behaviour of the employers and all others at the
work places to curb this social evil.
Gender equality includes protection from sexual
harassment and right to work with dignity, which is a
universally recognised basic human right. The
common minimum requirement of this right has
received global acceptance. The International
conventions and norms are, therefore, of great
significance in the formulation of the guidelines to
achieve this purpose.
The obligation of this Court under Article 32 of the
Constitution for the enforcement of these fundamental
rights in the absence of legislation must be viewed
along with the role of judiciary
envisaged in the
Beijing Statement of Principles of the Independence
of the Judiciary in the LAWASIA region. These
principles were accepted by the Chief Justices of the
Asia and the Pacific at Beijing in 1995 as those
representing the minimum standards necessary to be
observed in order to maintain the independence and
effective functioning of the judiciary. The objectives of
the judiciary mentioned in the Beijing Statement are:
80
“Objectives of the Judiciary:
The objectives and functions of the Judiciary
10.
include the following:
to
ensure that all persons are able to live
(a)
securely under the Rule of Law;
to
promote, within the proper limits of the
(b)
judicial function, the observance and the
attainment of human rights; and
to
administer the law impartially among
(c)
persons and between persons and the State’
Some provisions in the ‘Convention on the Elimination
of All Forms of Discrimination against Women’, of
significance in the present context are:
Article 11 :
“1. States Parties shall take all appropriate measures
to eliminate discrimination against women in the field
of employment in order to ensure, on a basis of
equality of men and women, the same rights, in
particular:
(a)
The right to work as an inalienable right of all
human beings;
XXX
(f)
XXX
XXX
The right to protection of health and to safety in
working conditions, including the safeguarding
of the function of reproduction.
XXX
XXX
XXX
Article 24:
“States Parties undertake to adopt all necessary
measures at the national level aimed at achieving the
full realization of the rights recognised in the present
Convention’.
81
The general recommendations of CE-DAW in this
context in respect of Article 11 are:
“Violence and equality in employment:
22.
23.
24.
Equality in employment can be seriously
impaired when women are subjected to gender
specific violence, such as sexual harassment
in the work place.
Sexual harassment includes such unwelcome
sexually determined behaviour as physical
contacts and advances,- sexually coloured
remarks, showing pronography and sexual
demands, whether by words or actions. Such
conduct can be humiliating and many
constitute a health and safety problem; it is
discriminatory
when
the
woman
has
reasonable grounds to believe that her
objection
would
disadvantage
her
in
connection with her employment, including
recruiting or promotion, or when it creates a
hostile
working
environment.
Effective
complaints procedures and remedies, including
compensation, should be provided.
States should include in their reports
information about sexual harassment, and on
measures to protect women from sexual
harassment and other forms of violence of
coercion in the work place”.
The Government of India has ratified the above
Resolution on June 25, 1993 with some reservations
which are not material in the present context. At the
Fourth World Conference on Women in Beijing, the
Government of India has also made an official
commitment,
inter
alia,
to
formulate
and
82
operationalize a national policy on women which will
continuously guide and inform action at every level
and in every sector; to set up a commission for
Women’s Rights to act as a public defender of
women’s human rights; to institutionalise a national
level mechanism to monitor the implementation of the
Platform for Action. We have, therefore, no hesitation
in placing reliance on the above for the purpose of
construing the nature and ambit of constitutional
guarantee of gender equality in our Constitution.
The meaning and content of the fundamental
right guaranteed in the constitution of India are of
sufficient amplitude to encompass all the facets of
gender equality including prevention of sexual
harassment or abuse. Independence of Judiciary
forms a part of our constitutional scheme. The
international conventions and norms are to be read
into them in the absence of enacted domestic law
occupying the field when there is no inconsistency
between them. It is now an accepted rule of judicial
constructin that regard must be had to international
conventions and norms for construing domestic law
when there is no inconsistency between them and
there is a vvoid in the domestic law. The. High Court of
Australia in Minister for Immigration and Ethnic Affairs
vs.. Teoh, 128 ALR 353, has recognised the concept
of legitimate expectation of its observance in the
absence of contrary legislative’provision, even in the
absence of a Bill of Rights in the Constitution of
Australia.
In Nilabati Behera Vs. State of Orissa, 1992 (2) SCC
746, a provision in the ICCPR was referred to support
the view taken that an enforceable right to
compensation is not alien tp the concept of
4.
5.
6.
83
enforcement of a guaranteed right’, as a public law
remedy under Article 32, distinct.from the private law
remedy in torts. There is no reason why these
international
conventions
and
norms
cannot,
therefore, be used for construing the fundamental
rights expressly guaranteed in the Constitution of
India which embody the basic concept of gender
equality in all spheres of human activity.
In view of the above, an the absence of
enacted law to provide for the effective enforcement
of the basic human right of gender equality and
guarantee against sexual harassment and abuse,
more particularly against sexual harassment at work
places, we lay down the guidelines and norms
specified hereinafter for due observance at all work
places or other institutions, until a legislation is
enacted for the purpose. This is done in exercise of
the power available under Article 32 of the
Constitution for enforcement of the fundamental rights
and it is further emphasised .that this would be treated
as the law declared by this Court under Article 141 of
the Constitution.
The GUIDELINES and NORMS prescribed herein are
as under:-
HAV1NG REGARD to the definition of ‘human rights’
in Section 2 (d) of the Protection of Human Rights
Act, 993.
TAKING NOTE of the fact that the present civil and
penal laws in India do not adequately provide for
specific protection of women from sexual harassment
in work places and that enactment of such legislation
will take considerable time.
84
It is necessary and expedient for employers in
work places as well as other responsible persons or
institutions to observe certain guidelines to ensure the
prevention of sexual harassment of women:
1,
Duty of the Employer or other responsible
persons in work places and
other
institutions:
It shall be the duty of the employer or other
responsible persons in work places or
other institutions to prevent or deter the
commission of acts of sexual harassment
and to provide the procedures for the
resolution, settlement or prosecution of
acts of sexual harassment by taking all
steps required.
2.
Definition:
For this purpose,, sexual harassment
includes
such
unwelcome
sexually
determined behaviour (whether directly or
by implication) as:
a)
b)
c)
d)
e)
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.
Where any of these acts is committed in
circumstances where-under the victim of such
conduct has a reasonable apprehension that in
relation to the victim’s employment or work whether
she is drawing salary, or honorarium or voluntary,
whether in government, public or private enterprise
85
such conduct can be humiliating and may constitute a
health and safety problem. It is discriminatory for
instance when the woman has reasonable grounds to
believe that her objection would disadvantage her in
connection with her employment or work including
recruiting or promotion or when it creates a hostile
work environment. Adverse consequences might be
visited if the victim does not consent to the conduct in
question or raises any objection thereto.
3.
Preventive Steps:
All employers or persons in charge of the
workplace whether in the public or private
sector should take appropriate steps to
prevent
sexual
harassment.
Without
prejudice to the generality of this obligation
they should take the following steps:
(a)
Express
prohibition
of
sexual
harassment as defined above at the
work place should be notified, published
and circulated in appropriate ways.
(b)
The Rules/Regulations of Government
and Public Sector bodies relating to
conduct and discipline should include
rules/regulations
prohibiting
sexual
harassment and provide for appropriate
penalties in such rules against the
offender.
(c)
As regards private employers steps
should be taken to include the aforesaid
prohibitions in the standing order under
the Industrial Employment (Standing
Orders) Act, 1946.
Appropriate work conditions should be
(d)
provided in respect of work, leisure,
health and hygiene to further ensure
86
that there is no hostile environment
towards women at work places and no
employee
woman
should
have
reasonable grounds to believe that she
is disadvantaged in connection with
here employment.
Criminal Proceedings:
Where such conduct amounts to a specific
offence under the Indian Penal Code or under
any other law, the employer shall initiate
appropriate action in accordance with the law
by making a complaint with the appropriate
authority.
In particular, it should ensure that victims, or
witnesses are not victimized or discriminated
against while dealing with complaints of sexual
harassment. The victims of sexual harassment
should have the option to seek transfer of the
perpetrator or their own transfer.
Disciplinary Action
Where such conduct amounts to mis-conduct
in employment as defined by the relevant
service rules, appropriate disciplinary action
should be initiated by the employer in
accordance with those rules.
Complaint Mechanism:
Whether or not such conduct constitutes an
offence under law or a breach of the service
rules, an appropriate complaint mechanism
should
be
created
in the employer’s
organization for redress of the complaint made
by the victim. Such complaint mechanism
87
should ensure
complaints.
time
bound
treatment
of
7.
Complaints committee
The complaint mechanism, referred to in (6)
above, should be adequate to provide, where
necessary, a Complaints Committee, a special
counsellor or other support service, including
the maintenance of confidentiality.
The complaints committee’should be headed
by a woman and not less than half of its
member should be women. Further, to prevent
the possibility of any undue pressure or
influence from senior levels, such complaints
committee should involve a third party, either
NGO or other body who is familiar with the
issue of sexual harassment.
The complaints committee must make an
annual report to the Government department
concerned of the complaints and action taken
by them.
The employers and person in charge will also
report on the compfiance with the aforesaid
guidelines including on the reports of the
Complaints Committee to the Government
department.
8.
Workers’ Initiative:
Employees should be allowed to raise issues
of sexual harassment at workers’ meeting and
in other appropriate forum and it should be
affirmatively discussed in Employer-Employee
Meeting.
Awareness:
Awareness of the rights of female employees
in this regard should be created in particular by
9.
88
prominently notifying the guidelines (and
appropriate legislation when enacted on the
subject) in a suitable manner.
10.
Third Party Harassment:
Where sexual harassment occurs as a result of
an act or omission by any third party or
outsider, the employer and person in charge
will take all steps necessary and reasonable to
assist the affected person in terms of support
and preventive action.
11.
The Central/State Governments are requested
to consider adopting suitable measures
including legislation to ensure that the
guidelines laid down by this order are also
observed by the employers in Private Sector.
The guidelines will not prejudice any rights
available under th Protection of Human Rights
Act, 1993.
Accordingly, we direct that the above
guidelines and norms would be strictly
observed in all work places for the preservation
and enforcement of the right to gender equality
of the working women. These directions would
be binding and enforceable in law until suitable
legislation is enacted to occupy the field. These
Writ Petitions are disposed of, accordingly.
............. C.JI
................. J
(Sujata V. Manohar)
New Delhi
............... J
August 13, 1997
(B.N.Kirpal)
12.
89
ANNEXURE 'C'*
CONSEQUENCES OF SEXUAL HARASSMENT
For the Complainant:
Emotional Stress
(humiliation, anxiety, anger,
powerlessness, depression)
Physical illness (headaches,
nausea, insomnia, high blood
pressure)
Loss of work motivation
Absences at work
Missing out on training or
promotions
Resignation or dismissal
★Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory Team
(ESMAT)
90
ANNEXURE 'O'*
SEXUAL HARASSMENT AT WORK
Sexual harassment is unwanted and unwelcome
sexual advances, requests for sexual favours or other
verbal, non-verbal or physical conduct of a sexual
nature It's purpose or effect is to interfere with an
individual's work performance or to create an
intimidating, hostile, abusive or offensive work
environment. Given that the majority of sexual
harassment involves women as victims, it is important
to perceive sexual harassment as the reasonable
woman would understand it.
There is widespread recognition that sexual
harassment is an obstacle to equality of
opportunity and treatment and an unacceptable
aspect of the working environment which must
be addressed
Preventive policies and procedures at the
workplace should be encouraged to reduce the
risk of sexual harassment
□ A policy statement
□ A complaints procedure and committee
□ Amendment of workplace rules of conduct
□ A training and communications strategy
* Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory Team
(ESMAT)
91
ANNEXURE ’E’*
PERCEPTIONS OF SEXUAL HARASSMENT
Social and economic problem
Attitudinal problem
Personal problem
A trivial matter or "normal behaviour"
Shameful, embarrassing, taboo subject
Violation of human rights
Violence against women
Sex discrimination
Against the law
Health and safety issue
Unacceptable condition of work
Labour and management issue
★Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory Team
(ESMAT)
92
ANNEXURE 'GI**
COMBATTING SEXUAL HARASSMENT AT WORK
Acknowledgement of sexual
CI T |
harassment as a problem
O
• Awareness-raising by all social
:
partners to
make sexual
O §O
harassment a subject for Mf |||B||||
public discussion
• Organisation or institution to formulate and
implement an explicit sexual harassment policy
• Effective in-house mechanisms and procedures
for lodging of complaints
• Support services to provide counselling, emotional
support and legal assistance to complainants
• Training/Education for members of the complaints
committee and others who handle complaints
• Training/Education for workers on the sexual
harassment guidelines
•
★Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory
Team
(ESMAT)
93
ANNEXURE 'GZ'*
COMBATTING SEXUAL HARASSMENT
ROLE OF TRADE UNIONS
•
•
•
•
•
•
•
Develop a sexual harassment policy for members
Educate rrjembers to change attitudes especially
in male dominated unions
Establish a complaints committee in accordance
with the sexual harassment guidelines for handling
complaints
Provide training for members of the complaints
committee and others who handle complaints
Set up a counselling service for complainants
Maintain a record of complaints
against
action
Take
effective
consequent
members involved in harassment
★Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory Team
(ESMAT)
94
ANNEXURE '63^
COMBATTING SEXUAL HARASSMENT
ROLE OF GOVERNMENT
■
■
■
■
■
Implement the sexual harassment guidelines at all
workplaces
Mount awareness campaigns
Ensure the establishment of effective complaint
committees at all workplaces
Set an example by having a policy and procedure
for the civil service
Institute a sexual harassment policy with the
following elements:
■ a statement that sexual harassment is
unacceptable and discriminatory behaviour;
■ a clear definition of what is regarded as
sexual harassment
■ specification
of
responsibilities
for
employers and employees;
■ establishment of a formal and informal
complaints process;
■ guarantee enforcement of the policy
■ provide for protection of complainants
against victimisation and/or retaliation.
★Adapted from "Combating Sexual Harassment at
the Workplace" International Labour Organisation,
East Asia Multidisciplinary Advisory Team
(ESMAT)
95
ANNEXURE'H'
Given below is a sample questionnaire survey (that
can be adapted according to each work context) to
help assess the extent and existence of sexual
harassment at a workplace. It should be accompanied
by a covering letter from senior persons or
management reaffirming a commitment to ending
sexual harassment at work.
SEXUAL HARASSMENT SURVEY: Please tick mark
[✓] the response which is most appropriate for you.
1. Male
Female
2. Do you believe you have ever experienced any
form of sexual harassment?
yes
no
3. If yes, did the sexual harassment occur ?
at your present place of work
at your past place of work (specify type of work )
4. When did the sexual harassment occur?
I am currently experiencing a sexual harassment
problem
Two years ago
more than two years ago
96
5. Who was (were) the harassers?
□ a supervisor
□ a higher management official
□ a union official
□ a co-worker(s)
□ client, vendor or other non-employees
6. What was the nature of the harassment? Check all
that apply.
□ unwelcome sexual relations
□ unwelcome physical contact or advances (eg.
touching, pinching)
□ sexual comments about your body and/or
appearance
□ demand for request for sexual favours
□ sexually suggestive displays in the workplace
□ other
7. Did you sense any underlying threat or insinuation
that your failure to submit to the. harassment would
affect your employment?
□ yes
□ no
f* adapted from "Stopping Sexual Harassment: An
AFSCME Guide")
97
ANNEXURE ‘I'
One of the most common obstacles to understanding
sexual harassment at the workplace are the i
myths which have emerged around this '
issue. Such myths and stereotypes shape
the attitudes and disbelief which often
confront women who wish to complain
about sexual harassment. The following are just a few
examples of these myths that exist and the facts to
counter them.
Sexual Harassment: Myths and Facts
MYTH: Sexual harassment is rare.
FACT: Sexual harassment is extremely widespread. It
touches the lives of 40 to 60 per cent of working
women, and similar proportions of female students in
colleges and universities.
MYTH: The seriousness of sexual harassment has
been exaggerated; most so-called harassment is
actually trivial and harmless flirtation.
FACT: Sexual harassment can be devastating.
Studies indicate that most harassment has nothing to
do with 'flirtation', or sincere sexual or social interest.
Rather, it is offensive, often frightening and insulting
to women.
Research shows that women are often forced to leave
school or jobs to avoid harassment; many experience
serious psychological and health-related problems.
98
MYTH: Many women make up and report stories of
sexual harassment to get back at their employers or
others who have angered them.
FACT: Research shows that less than one percent of
complaints are false. Women rarely file* complaints
even when they're are justified in doing so.
MYTH: Sexual harassment is normal behaviour and a
woman should feel complimented.
FACT: Sexual harassment is about power, a tactic to
dominate by embarrassment or degradation. It is not
an expression of healthy human relationships. In the
majority of cases, sexual harassment involves men
harassing women.
MYTH: If you ignore harassment, it will go away.
FACT: It will not. Research has shown that simply
ignoring the behavior is ineffective; harassers
generally will not stop of their own accord. Ignoring
such conduct may even be perceived as condoning or
encouraging it.
MYTH: I will not be able to compliment someone
without being accused of sexual harassment.
FACT: Compliments in and of themselves are not
generally considered sexual harassment- but when in
doubt, don't. It is the impact of, not the intent behind,
a behaviour or remark.
99
ANNEXURE 'J'
DO'S AND DON’TS: DETERMINING WHAT
AMOUNTS TO SEXUALLY INAPPROPRIATE
BEHAVIOR.
The following are recommended ‘dos’ and don’ts for
employers to both recognise as well as help prevent
sexual harassment at the workplace. Once again,
these may only serve as an example and will vary
according to different work contexts.
DO...
■
*
■
■
Give employees the space and time to hold
meetings on sexual harassment at the workplace.
Display your organisation's policy on sexual
harassment prominently.
Treat any complaint of sexual harassment with
sympathy and sensitivity.
Take a stand against your colleagues who may
use sexually offensive remarks, innuendo, or
derogatory statements about other employees.
DON'T....
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Use language that may be offensive, sexually
colored or derogatory
Bring up issues of a sexual nature which you
might not necessarily perceive as being offensive.
Touch anyone in genital areas, engage in stroking
of any sort, touching anything other than hands
when extended towards you, intentionally brushing
against or touching anyone, kissing etc.
100
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Stare at sexual body pads of another or otherwise
leer or gawk.
Engage in physical intimacy at work, in any area
on workplace property, or in your car in the
parking lot at work; any kind of sexual intimacy
and contact at any time or place that is designated
for work.
Help someone at work because you find him/her
attractive and want to get close to him/her, or with
the intention of using this assistance as a basis for
forming a more intimate relationship.
Assigning work to employees in a secretive or
poorly controlled way on the basis of friendship,
appearance or other non-professional parameters.
Assign the most lucrative, high-profile accounts/
customers/jobs/postings etc. to a select group of
employees on the basis of perceptions about
compatibility related to sexual issues.
T
Sakshi
B-67, First Floor, South Extension Part-1, New Delhi-110049
Phone/Fax: 4643946
- Media
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