“Quick Recap on Prevention of Sexual Harassment of Women at Work Place”
The Sexual harassment in workplace is a serious irritating factor that renders women’s involvement in work unsafe and affects right to work with dignity. It is unwelcome verbal, visual or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment. Generally sexual harassment is a sexually oriented conduct that may endanger the victim’s job, negatively affect the victim’s job performance, or undermine the victim’s personal dignity. It may manifest itself physically or psychologically. Its milder and subtle forms may imply verbal innuendo, inappropriate affectionate gestures or propositions for dates and sexual favours. However, it may also assume blatant and ugly forms like leering, physical grabbing and sexual assault or sexual molestation.
Before 1997, in India, women experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the criminal assault of women to outrage women’s modesty, and Section 509 that punishes an individual or individuals for using a word, gesture or act intended to insult the modesty of a woman. These sections left the interpretation of ‘outraging women’s modesty’ to the discretion of the Police Officer. The scenario changed in 1997 with the introduction of Vishaka guidelines.
Supreme Court guidelines on sexual harassment- A quick recap
The Supreme Court in Vishaka v. State of Rajasthan for the first time recognized, acknowledged and explicitly defined sexual harassment as an – unwelcome sexual gesture or behaviour aimed or having a tendency to outrage the modesty of woman directly or indirectly. The Supreme Court developed broad based mandatory guidelines known as Vishaka guidelines aimed towards resolution and prevention of sexual harassment. These guidelines bring in its purview all employers in organized and unorganized sectors by holding them responsible for providing safe work environment for women. The impact of the Supreme Court’s guidelines was not very effective, therefore,
The legislature finally brought into force a comprehensive legislation dealing with the protection of women against sexual harassment at workplace by enacting “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. The Act has in fact widened the scope of the guidelines issued by the Supreme Court in Vishaka’s case.
“The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, is applicable to every establishment having 10 or more employees.
IHRC offers following services under “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013:
POSH Policy Formation
Formation & Training of ICC
Posh Awareness Session for Employees
Complain Handling and Inquiry Process
Annual Return
We extend our full support in activities such as conducting awareness sessions at regular intervels, Formulating an nternal policy / charter / declaration, nomination of suitable members for the Complaint Committee, Orientation of the members of the Complaint Committee, Providing trained qualified experts as the outside member of the Complaint Committee, Preparing Annual reports for submission to the Government, Guiding the Complaint Committee members in conducting fair and effective enquiries.