In today’s world, there is a rapid increase in the number of working women. The women have proved their capabilities, their ability to do any kind of work in almost every field of work. They proved their worth despite this the women facing sexual harassment at their place of work and also on the roads. Sexually harassment is a worldwide problem. As per Indian constitution, sexual harassment is an infringement of basic fundamental rights of a woman to live with dignity according to article 21 and her right to equality as per articles 14 & 15 of the Indian penal code [1]. After the judgement given by the Supreme Court in Vishakha Vs. The state of Rajasthan, Sexual Harassment of Women at Workplace Act, 2013 (Prevention, Prohibition and Redressal) has been passed to handle the cases of sexual harassment at workplace, this act is popularly known as POSH act.
Introduction
Let’s start with a question what is sexual harassment? sexual harassment can be briefly defined as unwelcome and inappropriate demand for sexual favours or request of sexual favours, verbal or nonverbal harassment of a sexual nature. Sexual harassment is a global phenomenon which spread in undeveloped, underdeveloped as well as in developed nations. Leaving behind the boundaries like culture, religion, race it spreads like a deadly virus. Sexual harassment is a serious issue involving women, their feeling and demeanour, and the social norms of the society which emerges from gender discriminatory attitudes and is a complex interplay of power, gender, and sexuality. In India, a woman is sexually harassed every 12 minutes [2]. Today, women in India or say in the whole world are showing progress in almost all the fields either it is official work, sports, entertainment, politics, science & technology, etc. As the role of women is increasing day by day in almost each and every field of work offence against women also increasing with it. In spite of increasing in offences like sexual harassment, their reporting is close to zero due to fear of loss of professional as well as the personal image and livelihood owing to the social blemish.
Development of law on sexual harassment in India
Vishakha Vs. state of Rajasthan
Sexual harassment at labour place was firstly recognized by the supreme court of India in the case of Vishakha & other Vs. the state of Rajasthan. Bhanvari Devi a social worker once trying to stop child marriage in her village, in return she was brutally gang-raped by the group of men who does not like that she was trying to stop child marriage. After which she grouped with some women and filed litigation against State of Rajasthan and Union of India. The argument of the case was sexual harassment made the violation of the fundamental right of equality and impose the fundamental rights of women (working women) under articles of IPC. The result of all this was that the supreme court of India gave guidelines based on the right to equality and dignity as per the Indian Constitution and by the (CEDAW) UN Convention on the elimination of all forms of discrimination against Women. The guidelines given by the supreme court is also known as Vishakha guidelines. Consequently, in the year 2013 an act known as Sexual Harassment of Women at Workplace Act, 2013 has been passed this act is popularly known as POSH act.
Other section of the Indian penal code 1806, like sections 292, 293, 294, 354, and 509 deals with prevention of the women’s rights. [2]
Changes in Indian constitution after Nirbhaya case 2013
In the year 2013, there were some changes made in the criminal justice system of India regarding sexual harassment. The Criminal Law Amendment Act, 2013, popularly known as “anti-rape bill”, which came into force on April 3, 2013, included Section 354A of the Indian Penal Code, 1860 under which sexual harassment is defined. The India Penal Code, 1860 has put forth punishments for sexual harassment.
Section 354A – This section of IPC deals with sexual harassment and punishment for the same. Assaulting or use of criminal force on a woman by any person with the intent to outrage her modesty the person whoever it is shall be punished with strict imprisonment for a term which may extend to three years, or with fine, or with both [3].
Section 354B – If a person assaults or use criminal force on women to disrobe her at a public place the person commits an offence against section 354B and shall be punished with imprisonment for three to seven years, and fine. [4]
Section 354C – Voyeurism is watching or capturing images of a woman engaging in her private activity without her consent is an offence under section 354B of Indian penal code, 1806. The punishment for the first conviction is minimum imprisonment of minimum 1 year which may extend up to 3 years and fine. [4]
Section 354D – Stalking is following a person (women) and contacting, or trying to contact her despite her disinterest and she does not want contact. Monitoring a woman is done by both physical and by electronic means like the internet. The punishment for this offence is imprisonment up to one year to three years for the first conviction and five years of imprisonment for more than one conviction and fine. [4]
Causes of the sexual harassment of women
Sexual harassment can happen to any person anywhere. In today’s world, it widely reported by women in the workforce. Following are the prominent causes perceived by society:
- Male Domination
- Higher Academic Profile and Lesser Job Opportunity
- Aggressive Masculine Trait of Male Gender
- Inferior job position to women
- Misperception about the Friendly Nature of Women. [5]
SuggestionsÂ
Before the conclusion following are some suggestion and recommendation to reduce and stop sexual harassment of women at the workplace or any place in the world:
- Organizations either it is government or non-government should teach and tell their employees about sexual harassment and laws regarding the same and also tell them about punishment for sexual harassment.
- The government makes strict laws about the sexual harassment and rights of women and look into this kind of matters seriously and put the criminal behind the bars.
- All the organizations irrespective of government or private should organize a legal awareness programme where the female employee will get to know about their true rights and privileges.
- Lastly, we all people raise our voice and take necessary and legal steps against offences like sexual harassment, rape, assaulting women, etc.
 Conclusion
With the world India is also advancing in its development in every field, the women of the country play same role as men do rather they do more than men for which they will appreciate by us but in result, they have to deal with offences like sexual harassment, discrimination and many other offences. Sexual harassment at workplaces is growing at very fast speed just like a virus this need to stop at any cost. The government of India should take steps for monitoring at not only government offices but also in the private sector for the implementation of the Criminal Law Amendment Act 2013. It is important to increase the awareness among employees regarding sexual harassment their forms at the workplace, prevention form the same by legal methods. Sexual harassment damages a person (women) not only physically but mentally health of the person affects the most which are more harmful than the physical damage. Enhancement of the awareness among peoples of every kind of work field helps to reduce happening of such kind of offences and also help in combating such kind of dangerous issues.
“While a murder destroys the physical frame of the victim, sexual harassment degrades and defiles the soul of a helpless woman.” [6]
References
[1] Chadha, A. (2018). Law Relating to Sexual Harassment of Women at the Workplace in India: A Critical Review. SSRN Electronic Journal. DOI:10.2139/ssrn.3171264.
[2] Jadhav, D., & Kulkarni, S. (2020). Sexual Harassment of Women at Workplace in India. Tathapi with ISSN 2320-0693, 19. Retrieved June 26, 2020, from http://www.tathapi.com/index.php/2320-0693/article/view/1312.
[3] IPC Section 354A – Sexual harassment and punishment for sexual harassment. (n.d.). Retrieved June 26, 2020, from https://devgan.in/ipc/section/354A/
[4] Consult & Hire Top Rated Lawyers in India. (n.d.). Retrieved June 26, 2020, from https://lawrato.com/indian-kanoon/ipc/section-354
[5] Bhat, R. A., Prof. Dr, & Deshpande, A. A. (2007). An Overview of Sexual Harassment of Women at Workplace in India: An Analytical Study. International Journal of Innovative Research in Science, Engineering and Technology (7). Retrieved June 26, 2020, from www.ijirset.com.
[6] Poonia, A., Prof. (2019). Sexual Harassment at Workplace. Amity International Journal of Juridical Sciences, 5, 59-60. Retrieved June 26, 2020, from https://amity.edu/UserFiles/aibs/30672019 AIJJS_47-57.pdf.
AUTHOR
Prince Sharma
Intern at the Department of Forensic Science and Criminal Investigation, Legal Desire Media & Insights
He is currently pursuing Master’s in Forensic Science from Galgotias University, Uttar Pradesh and has completed his B.Sc (Hons.) Forensic Science from Galgotias University.
