Sexual Harassment of Women in the Workplace

INTRODUCTION

Sexual abuse is a pattern of behaviour. It is described as sexually inappropriate behaviour. Whether in an established, emerging, or undeveloped country, sexual harassment, and assault is a prevalent problems. Brutality towards women is prevalent worldwide. Regardless of how hard one wants to protect, ban, avoid, or provide remedies, violations will always occur. It is a felony committed against women, who are seen as the most vulnerable members of society. As a result, they are subjected to a wide range of crimes, including female feticide, human trafficking, etc. Harassment of a person (an application or a worker) because of their sex is illegal.

WHAT IS SEXUAL HARASSMENT

Sexual harassment is defined in Section 2(n) of the Act. Anyone or more of the below undesirable acts or behaviours (whether directly or indirectly) are considered sexual harassment: 

Making sexually coloured remarks, showing pornography, making physical contact and approaches, demanding or requesting sexual services, or making sexually coloured remarks or Any other sexually inappropriate bodily, oral, or cognitive action Section 3 (2) of the Act goes on to say that any of the following situations, among others, may constitute to sexual harassment if they occur or are relevant in connection to or associated with any act or conduct of sexual harassment: 

Invasion with her work or creating an aggressive, insulting, or uncomfortable for her, or Mortifying treatment likely to impact her health or life, or The implicit or overt risk of harmful treatment in her work experience, etc. 

NEED FOR POSH LEGISLATION

As more women entered the workforce in a developing Indian economy, the issue of sexual misconduct has surfaced in a variety of areas. There was a compelling need for legislation to defend these working women's rights. The first occasion this was brought to the attention of the public, like many statutes, was through activist judges.

OBJECTIVE OF POSH ACT

Although it is a regular occurrence in the business world, seeking unwarranted favours is a gross abuse of power. The scenario becomes tense when the favour is sexual in character as well as the sufferer is a woman. The threat of dismissal or undue work pressure is frequently used by the individual in control as a tactic. The POSH Act of 2013 was put into place to protect women at work from sexual misconduct, avoid and resolve sexual harassment allegations, and deal with situations related to or ancillary to harassment.

SCOPE OF THE ACT

This act covers the entire country of India. Only women are safeguarded by this act, which is not gender-neutral regulation. As a result, the protections provided by this statute do not apply to men who are victims.  

In connection to a workspace, the act refers to an 'Aggrieved Woman,' a woman of every age, either working or not, who asserts to have been exposed to any conduct of sexual harassment. Because the concept doesn't require the woman to be a worker, the Act can be used to protect a customer or client who is sexually harassed at work. A woman should never be sexually assaulted at her job, according to the Act. In India, the Act covers both the developed and developing sectors. It covers government entities, state sector organisations, non-governmental institutions, hospitals and nursing homes, educational establishments, sports institutions, and stadiums that are used for individual training, as well as dwelling places or a house.

PUNISHMENT OF HARASSMENT AND COMPENSATION

The Act outlines certain penalties that a business owner may levy on a worker who engages in sexual harassment: 

If the institution does not provide service rules, disciplinary measures may include a formal apology, caution, not giving increments to the person who has committed the offence, discontinuing the service which the person was providing to the company, etc. 

The Act also provides for the provision of damages or compensation to the woman who has been wronged. The amount of compensation to be paid will be assessed by: 

The aggrieved employee's psychological trauma, anguish, suffering, and emotional damage. The loss of a job prospect as a result of a sexual assault incident. Expenses for physical or mental treatment which is borne by the victim. The alleged perpetrator's income and status; and the possibility of a payment in instalments.

PENAL CONSEQUENCES ON VIOLATION OF POSH ACT

A financial sanction of up to INR 50,000 may be levied if a company fails to form an Internal Committee according to subclause (1) of Section 4 of the Act, or if the company has not taken any initiative under Sections 13, 14, or 22, or if the employer has disobeyed or attempted to override or aid and abet the violation of other provisions of the Act, and therefore does not behave following the standards prescribed under the Act.

If an owner violates Section 26 (2) of the Act after previously being accused of a chargeable violation, he or she may face the following penalties: 

Double the penalty that could have been levied at the first sentence, depending on the maximum punishment available for the same offence. It is provided that if a heavier sentence is prescribed for the offence whereby the offender is being charged under some other law currently in force, the court shall take appropriate account of it when imposing the punishment.

Another point to remember is that no court lower than the metropolitan or judicial magistrate court of the first class has the jurisdiction to try a suit that is under this act. Another point is that no court can take cognizance of this matter on its own accord. It can only do so by the complaint filed by the aggrieved woman.

ANALYSIS OF THE JUDGEMENT VISHAKHA v STATE OF RAJASTHAN

Bhanwari Devi, a Dalit woman working was viciously gang-raped in 1992 as a result of her attempts to end the then-common practise of child marriage. 3 This incident brought to the surface the dangers that professional women face daily, emphasising the importance of putting in place safeguards. Public interest litigation was filed as a result of the incident in the Supreme Court of India. 

For the very first instance, the Supreme Court recognised blatant legislative insufficiency and recognised sexual harassment in the workplace as a human rights abuse. According to the Landmark Judgement, until a legislative framework on the issue is outlined and adopted, the Vishaka Guidelines published under Article 32 of the Indian Constitution will have the force of law and must be obeyed by organisations in both the commercial and public sectors.

CONCLUSION

It is to be understood that preventing harassment is a structural issue and is to be prevented at various levels of bureaucracy. There are strict laws that are put in place post the Vishakha Judgement that shed light on the importance of women’s safety. But it is also to be considered that there are so many women out there who are still being harassed and they do not complain because of the fear of society. This shows that only the legal framework set in place is not going to do the needful single-handedly. Education also plays an important role in this. 

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