Workplace sexual harassment: Legal perspective

Introduction

Sexual harassment in the workplace is a serious issue that affects individuals across various sectors and has far-reaching consequences. It is highly prevalent in India and there is a need to provide a positive environment to the women workers. Recognizing the significance of addressing this problem, India has enacted laws and established legal remedies to protect victims and promote a safe working environment.

Section 354 A of Indian Penal Code, 1860 defines sexual harassment broadly and includes unwelcomed sexual advances, requests for sexual favours, and any other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment. It also covers circumstances where submission to such conduct is made explicitly or implicitly a condition of employment, or where it interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, sexual harassment includes any one of the following unwelcome acts or behavior committed directly or by implication:

• physical contact and advances;
• a demand or request for sexual favors;
• sexually colored remarks;
• showing pornography;
• any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

A handbook on sexual harassment of women at workplace published by the Ministry of Women & Child Development contains more detailed instances of behavior that constitutes sexual harassment at the workplace.

Legal framework

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: The primary legislation governing workplace sexual harassment in India this act. This comprehensive law defines sexual harassment, outlines preventive measures, mandates the establishment of Internal Complaints Committees (“ICC”s) and Local Complaints Committees (“LCC”s), and prescribes the procedure for complaints and redressal.
2. Vishaka guidelines: Prior to the enactment of the Act, the Supreme Court of India formulated the Vishaka guidelines in 1997. These guidelines provided the foundation for addressing sexual harassment at workplaces until the Act was passed. The guidelines emphasized the employer’s responsibility to prevent and redress sexual harassment and laid down principles to be followed by organizations.

Preventive measures:

1. Employer’s duty: The Act places an obligation on every employer to ensure a safe working environment by adopting measures such as providing a policy against sexual harassment, organizing awareness programs, and sensitizing employees about their rights and the complaint mechanism.
2. Internal Complaints Committee (“ICC”): Employers are required to establish an ICC at every workplace that employs ten or more individuals. The ICC’s primary function is to receive and inquire into complaints of sexual harassment, recommend appropriate actions, and facilitate redressal.

Remedies for victims

1. Filing a complaint: Victims of workplace sexual harassment have the right to file a complaint with the ICC. The Act mandates that ICCs must conduct an inquiry within a specified timeframe and provide a fair and impartial hearing to the complainant and the accused. Upon completion of the inquiry, the ICC submits its report to the employer, who then takes appropriate action based on the recommendations.

2. Redressal: The Act provides for a range of remedies that may be recommended by the ICC or ordered by the employer, including:

• • Written apology: The employer may require the accused to provide a written apology to the victim.
  • Compensation: The victim may be awarded monetary compensation for the physical, mental, or monetary losses suffered due to the harassment.
  • Termination: The employer may terminate the employment of the accused if the allegations are substantiated.
  • Transfer: In cases where the victim requests or consents to a transfer, the employer may facilitate the transfer to another workplace.
  • Disciplinary action: The employer may take disciplinary action against the accused, such as suspension, demotion, or withholding of promotions.

3.Criminal complaint: Victims also have the option to file a criminal complaint under the Indian Penal Code, 1860 for offenses like sexual harassment, assault, or outraging the modesty of a woman. The Act explicitly states that the remedies provided are in addition to, and not in derogation of, any other law in force.

4. Civil remedies: Victims can pursue civil remedies by filing a civil suit for damages, seeking compensation for physical, mental, or monetary losses, and claiming the restoration of their rights and dignity.

In a nutshell

The legal framework in India concerning workplace sexual harassment provides victims with robust remedies and protections. The Sexual Harassment of Women at Workplace Act, 2013, emphasizes preventive measures, establishment of ICCs, and fair inquiry procedures. By recognizing the seriousness of workplace sexual harassment, India has taken significant steps towards creating safer work environments and empowering victims. Effective implementation of the policies can reduce the manifestation and mutilation of the sexual harassment to the minimum. Organisation can alter its approach to handle sexual harassment other organisations can use similar ways. However, continuous efforts are needed to create awareness, ensure strict compliance, and foster a culture of respect and gender equality in workplaces across the country.