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