| SEXUAL HARASSMENT AT WORKPLACE | | | | working women. The PIL was mainly filed for the |
| Each incident of sexual harassment of woman at | | | | enforcement of fundamental rights of working |
| workplace results in violation of "Gender Equality". | | | | women under Articles 14, 19 and 21 of the |
| The gender equality is includes protection from sexual | | | | Constitution of India. It was a class action by certain |
| harassment or abuse and right to work with dignity, | | | | social activists and NGOs with the aim of assisting in |
| which is a universally recognised basic human Right. A | | | | finding suitable methods for realisation of the true |
| number of countries like U.S., U.K., Japan, Canada, | | | | concept of gender equality and to prevent sexual |
| Australia, India and several European nations have | | | | harassment of working women in all workplaces |
| laws that prohibit sexual harassment at work place. | | | | through judicial process and to fill vacuum in existing |
| With more and more women coming out to complain | | | | legislation. The Supreme Court of India in 1997 held |
| about sexual harassment at the workplace, feminist | | | | that the working women have rights to gender |
| groups suggest severe punishments and | | | | equality, to work with dignity and to a working |
| compensation to combat the situation. Sexual | | | | environment safe and protected from sexual |
| harassment of a female at the place of work is in | | | | harassment or abuse. Accordingly, the Supreme |
| compatible with dignity and honour of a female and | | | | Court issued guidelines and norms for protection and |
| needs to be eliminated and the there can be no | | | | enforcement of rights of the women at their |
| compromise with such violations. | | | | workplaces. Further, the Supreme Court held that |
| Sexual harassment is a form of sex discrimination | | | | these guidelines and norms must be strictly observed |
| projected through unwelcome sexual advances, | | | | in all working places by treating them as law declared |
| request for sexual favours and other verbal or | | | | under Article 141 of Constitution of India (The law |
| physical conduct with sexual overtones whether | | | | declared by the Supreme Court shall be binding on all |
| directly or by implication, particularly when submission | | | | courts within the territory of India). |
| to or rejection of such a conduct by the female | | | | Sections 354 and 509 of Indian Penal Code, 1860 |
| employee was capable of being used for effecting | | | | deals with assault or criminal force to woman with |
| the employment of the female employee and | | | | intent to outrage her modesty and the word, |
| unreasonably interfering with her work performance | | | | gesture or act intended to insult the modesty of a |
| and had the effect of creating an intimidating or | | | | woman. If there is any violations on women with |
| hostile working environment for her. | | | | regard to her modesty, the above sections will |
| Any action of gesture, whether directly or by | | | | strictly apply and criminal proceedings will follow |
| implication, aims at or has the tendency to outrange | | | | immediately on a complaint made to a nearest police |
| the modesty of a female employee, must fall under | | | | station. The offences under section 509 are |
| the general concept of the definition of sexual | | | | cognizable and are non-bailable. |
| harassment. | | | | Sec.354: Assault or criminal force to woman with |
| SEXUAL HARASSMENT UNDER HUMAN RIGHTS | | | | intent to outrage her modesty. - Whoever assaults |
| PURVIEW: | | | | or uses criminal force to any woman, intending to |
| Sexual harassment and sex discrimination are consider | | | | outrage or knowing it to be likely that he will thereby |
| to be violation of Human Rights. All human rights | | | | outrage her modesty, shall be punished with |
| derive from the dignity and worth inherent in the | | | | imprisonment of either description for a term which |
| human person and the human person is the cultural | | | | may be extend to two years or with fine, or with |
| subject of Human Rights and Fundamental Freedoms. | | | | both. |
| The United Nations Organisation (UNO), keeping with | | | | Sec. 509 : Word, gesture or act intended to insult the |
| its character to promote and encourage respect of | | | | modesty of a woman. - Whoever, intending to insult |
| Human Rights and Fundamental Freedoms for all | | | | the modesty of any woman, utters any word, |
| without distinction, came out with an International Bill | | | | makes any sound or gesture, or exhibits any object, |
| of Human Rights consisting of: | | | | intending that such word or sound shall be heard, or |
| (a) Universal Declaration of Human Rights, 1948 | | | | that such gesture or object shall be seen, by such |
| (b) The International covenant on civil and Political | | | | woman, or intrudes upon the privacy of such woman, |
| Rights, 1966 | | | | shall be punished with simple imprisonment for a term |
| (c) The International covenant of Economic, Social | | | | which may extend to one year; or with fine, or with |
| and Cultural Rights, 1966 and | | | | both. |
| (d) The Optional protocol, 1966 providing for the right | | | | Apart from this, if a woman faces any kind of sexual |
| of the individual to petition International agencies. | | | | harassment at workplace can directly make a |
| The U.N.O. held that all human rights and fundamental | | | | complaint to the State Women Commissions or |
| freedoms are indivisible and interdependent; equal | | | | National Commission for Women. The Women |
| attention and urgent consideration should be given to | | | | Commission will follow-up the complaints, informs to |
| the implementation, promotion and protection all | | | | concern police stations to initiate criminal proceedings |
| human rights. The following are the principles on | | | | and directs the employer to conduct an enquiry and |
| which the above charters were introduced: | | | | recommend to suspend the concerned harasser with |
| 1) All Human beings, without distinction, have been | | | | an immediate effect pending enquiry. |
| brought within the scope of human rights instruments. | | | | The victim of sexual harassment can claim damages |
| 2) Equality of application without distinction of race, | | | | compensation on concerned harasser by way of filing |
| sex, language or religion: and | | | | a civil suit under civil jurisdiction. |
| 3) Emphasis on international co-operation for | | | | The Constitution of India guaranteed fundamental |
| implementation. | | | | rights to its citizens. When we compare provisions of |
| Article 1, 2 and 7 of Universal Declaration of Human | | | | the Constitution of India to that of Universal |
| Rights, 1948 deals with equal in dignity, rights & | | | | Declaration of Human Rights, we find many Articles |
| freedoms and equal protection against any | | | | have the same spirit. Article 14, 15 and 21 of |
| discrimination. | | | | Constitution of India mentions key words on Equality |
| Article 1 : All human beings are born free and equal in | | | | before law, prohibition of discrimination on grounds of |
| dignity and rights. They are endowed with reason | | | | religion, race, caste, sex or place of birth and |
| and conscience and should act towards one another | | | | protection of life and personal liberty. |
| n a spirit of brotherhood. | | | | The Supreme Court of India for the first time in |
| Article 2 : Everyone is entitled to all the rights and | | | | Vishakha and others Vs. State of Rajasthan and |
| freedoms set forth in this declaration, without | | | | others (1997 (6) Supreme Court Cases 241) dealt |
| distinction of any kind such as race, colour, sex | | | | with sexual harassment on women. The Supreme |
| language, religion, political or other opinion, national or | | | | Court made the definition of sexual harassment and |
| social origin, property, birth or other status (first part | | | | laid down certain guidelines. It also specified the duties |
| of Art.2) | | | | of the employer, preventive steps, awareness of the |
| Article 7: All are entitled to equal protection against | | | | rights of female employees and workers initiative to |
| any discrimination in violation of this Declaration | | | | curb sexual harassment at workplace. |
| against any incitement to such discrimination (Second | | | | The Supreme Court said that, it shall be the duty of |
| sentence of Art.7) | | | | the employer or other responsible persons in |
| Part II of Article 2 (2) and 3 of International | | | | workplaces or other institutions to prevent or deter |
| covenant on Economic, Social and Cultural Rights, | | | | the commission of acts of sexual harassment and to |
| 1966 also deals with discrimination of any kind and | | | | provide the procedures for the resolution, settlement |
| equal right of men and women. | | | | or prosecution of acts of sexual harassment by |
| Article 2 (2) : The States Parties to the present | | | | taking all steps required. |
| covenant undertake to guarantee that rights | | | | For the purpose of definition of sexual harassment |
| enunciated in the present covenant will be exercised | | | | the Supreme Court said that, the sexual harassment |
| wi;thoud discrimination of any kind as to race, colour, | | | | includes such unwelcome sexually determined |
| sex, language, religion, political or other opinion, | | | | behaviour (whether directly or by implication) as : |
| national or social origin, property, birth or other status. | | | | (a) physical contact and advances; |
| Article 3 : The States parties to the present | | | | (b) a demand or request for sexual favours; |
| covenant undertake to ensure the equal right of men | | | | (c) sexually - coloured remarks; |
| and women to the enjoyment of all Economic, Social | | | | (d) showing pronogrphy; |
| and Cultural Rights set forth in the present covenant. | | | | (e) any other unwelcome physical verbal or |
| SEXUAL HARASSMENT & SEXUAL | | | | non-verbal conduct of sexual nature. |
| DISCRIMINATION IN U.S. : | | | | The Supreme Court of India rendered yet another |
| In the United States, two major federal laws prohibit | | | | Judgment on sexual harassment in AEPC Vs. A.K. |
| sexual harassment in employment and educational | | | | Chopra (1999 (1) Supreme Court Cases 759). The |
| settings, which are - Title VII of the Civil Rights Act, | | | | case is about a woman employee of Apparel Export |
| 1964 and Title IX of the Education Act, 1972. These | | | | Promotion Council, who worked as the private |
| laws authorise federal agencies to investigate | | | | secretary to A.K. Chopra, the Chairman of the |
| complaints of sexual harassment. They also permit | | | | company. She complained to the Personnel Director |
| victims to file law suits against employers or schools | | | | that the chairman was sexually harassing her. Despite |
| seeking to end the harassment and to obtain | | | | her repeated protests, he was making sexual |
| monetary compensation for the harm resulting from | | | | advances by 'trying to touch her' and 'sit close to her'. |
| it. Many States have also adopted laws prohibiting | | | | The company, immediately suspended him and |
| sexual harassment. Title VII applies to employers | | | | ordered a departmental enquiry. The enquired |
| with 15 or more employees including State and local | | | | confirmed female employee's position that the |
| Governments. It also applies to employment agencies | | | | chairman tried to touch her with a sexual motive and |
| and to labour organisations, as well as to the Federal | | | | the chairman was dismissed from service. |
| Government. | | | | The chairman challenged the disciplinary committee |
| Under U.S. laws, the unwelcome sexual advances, | | | | order in Delhi High Court and the harasser was |
| requests for sexual favours, and other verbal or | | | | successful on the ground that the chairman only 'tried |
| physical conduct of a sexual nature constitute sexual | | | | to molest' but did not 'in fact molest' the female |
| harassment when this conduct explicitly or implicitly | | | | employee. By shocking with the verdict, the company |
| affects an individual's work performance, or creates | | | | filed appeal before the same High Court which was |
| an intimidating, hostile, or offensive work | | | | heard by Division Bench (two member Bench). |
| environment. | | | | Interestingly, the Division Bench agreed with the |
| The U.S. Equal Employment Opportunity Commission | | | | findings of single judge and reiterated that the |
| (EEOC) has made certain parameters to test sexual | | | | chairman not 'actually molested' the female employee. |
| harassment at work places. | | | | As against the Judgment, the company once again |
| · The victim as well as the harasser may be a | | | | filed an appeal in the Supreme Court. One of the |
| woman or a man. | | | | issues that was deliberated at length by this court |
| · The victim does not have to be of the | | | | was " whether physical contact with the woman was |
| opposite sex. | | | | an essential ingredient of a charge of sexual |
| · The harasser can be the victim's supervisor, an | | | | harassment ". |
| agent of the employer, a supervisor in another area, | | | | The Supreme Court while setting aside the High |
| a co-worker, or a non-employee, a teacher or | | | | Court and upholding the dismissal of chairman held |
| professor, a student, a friend or a stranger. | | | | that:a) The attempts by the superior to sit close to |
| · The victim does not have to be the person | | | | the female employee and touch her, though |
| harassed but could be anyone affected by the | | | | unsuccessful, would amount to 'sexual harassment'. |
| offensive conduct. | | | | The behaviour of the superior did not cease to be |
| · Unlawful sexual harassment may occur without | | | | outrageous in the absence of an actual assault by |
| economic injury to or discharge of the victim. | | | | the superior.b) In the context of a female employee |
| · The harasser's conduct must be unwelcome. | | | | the sexual harassment at the work place is a form |
| Perceptions differ about what behaviours constitute | | | | of sex discrimination which any be projected through |
| sexual harassment. However, typical examples of | | | | unwelcome sexual advances, request for sexual |
| sexual harassment include sexually oriented gestures, | | | | favours and other verbal or physical conduct with |
| jokes, or remarks that are unwelcome; repeated and | | | | sexual overtones, whether directly or by implication. |
| unwanted sexual advances; touching or other | | | | This would be particularly so when submission or |
| unwelcome bodily contact; and physical intimidation. | | | | rejection of such conduct by the female employee |
| Sexual harassment can occur when one person has | | | | could be used to affect her employment by |
| power over another and uses it to coerce the | | | | unreasonably interfering with her work performance |
| person to accept unwanted sexual attention. | | | | thereby, creating a hostile working atmosphere for |
| Even, if the co-workers telling repeatedly the sexual | | | | her.c) Where the conduct of a superior towards his |
| jokes, posting pronographic photos, or making any | | | | junior female employee was wholly against moral |
| unwelcome sexual innuendos to another co-worker is | | | | sanctions and was offensive to her modesty, any |
| also sexual harassment. Both men and women can be | | | | lenient action would demoralise working women. |
| harassers or victims of sexual harassment. However, | | | | Therefore, the punishment of dismissal from service |
| researches indicate that women are more likely to be | | | | was commensurate with the gravity of the superior's |
| the victims. Approximately 15,000 sexual harassment | | | | behaviour.d) Each incident of sexual harassment at |
| cases are brought to U.S. Equal Employment | | | | workplace violates the fundamental right to gender |
| Opportunity Commission every year. Media and | | | | equality and the right to life and liberty guaranteed by |
| Governmental surveys estimate the percentage of | | | | the constitution of India. The fundamental right in a |
| women being sexually harassed in the U.S. workplace | | | | the Constitution cover all facts of gender equality |
| at 40% to 60%. The EEOC looks at the whole | | | | including prevention of sexual harassment and abuse. |
| record the circumstances, such as the nature of the | | | | The courts are under a constitutional obligation to |
| sexual advances, and the context in which the | | | | protect and preserve those rights.e) International |
| alleged incidents occurred. A determination on the | | | | instruments like Convention on Prevention of All |
| allegations is made from the facts on a case-by-case | | | | forms of Discrimination Against Women, Beijing |
| basis. | | | | Declaration on Women and International Covenant on |
| Bernes Vs. Train (1974) is commonly viewed as the | | | | Economic, Social and Cultural Rights cast an obligation |
| first sexual harassment case in America, even though | | | | on the Indian Government to senitise its laws. The |
| the term sexual harassment was not used. In 1976, | | | | courts are under an obligation to see that this |
| Williams Vs. Saxbe established sexual harassment as | | | | message is accepted and followed. |
| a form of sex determination when sexual advances | | | | K.V.RAMANA MURTHYramanamurty9967@yahoo.co.in |
| by a male supervisors towards a female employee. In | | | | This article is free for republishing |
| 1980 the EEOC issued regulations defining sexual | | | | Source: |
| harassment and stating it as a form of sex | | | | Occupation: ADVOCATE |
| discrimination prohibited under Civil Rights Act, 1964. | | | | K. V. RAMANA MURTHY |
| In 1986, in the case of Michalle Vinson Vs. Merit One | | | | OBJECTIVE : |
| Saving Bank, the Supreme Court first recognised | | | | To implement my knowledge and skills in the field of |
| sexual harassment as a violation of Title VII, | | | | Writing of Articles on various subjects for Web Sites |
| established the standards for analysing whether the | | | | toexpand the knowledge among new generation. |
| conduct was welcome and levels of employer liability. | | | | DETAILS OF EDUCATIONAL |
| Amendments to Civil Rights Act in 1991, added the | | | | QUALIFICATIONS : I. ( OSMANIA UNIVERSITY- 1987 |
| provisions to Title VII protecting including expanding | | | | ) |
| the rights of women to sue and collect | | | | (Percentage 53.58%) |
| compensatory damages for sexual discrimination or | | | | MAIN SUBJECTS:- |
| harassment. | | | | Economics, Management of Business , |
| SEXUAL HARASSMENT IN INDIA : | | | | International Trade, Accountancy |
| A Public Interest Litigation (PIL) filed before Supreme | | | | Company Law, Income Tax, |
| Court of India, seeking gender justice for protection | | | | Auditing, Statistics. |
| and enforcement of fundamental and human rights of | | | | II. LL.B. |