Kara Sears
Sexual harassment is a global issue that has gained prominence in recent decades, with many countries adopting laws to address it. India is no exception, having enacted its own law on sexual harassment in the workplace in 2013, known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This legislation aims to protect women from sexual harassment at work, with the Indian law defining the term to include unwelcome sexual gestures, remarks, physical contact, showing pornography, and demands for sexual favors, among other behaviors. The Act also provides a mechanism for redressal of complaints and is a significant step towards ensuring gender equality and women's fundamental rights in the country.
| Characteristics | Values |
|---|---|
| Year of enactment | 2013 |
| Name of the Act | The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
| Purpose | To provide protection to women against sexual harassment at the workplace and for the prevention and redressal of complaints of sexual harassment |
| Applicability | All women employees, including those in the unorganized sector and domestic workers |
| Definition of sexual harassment | Unwelcome sexual gestures or behaviour, sexually coloured remarks, physical contact and advances, showing pornography, a demand or request for sexual favours, any other unwelcome physical, verbal or non-verbal conduct being sexual in nature |
| Rights violated | Fundamental right of a woman to equality under Articles 14 and 15 of the Constitution of India, right to life and to live with dignity under Article 21, right to practice or carry out any occupation under Article 19(1)(g) |
| Penalties | Up to three years of imprisonment and/or a fine |
| Complaint process | Complaints Committee involving a third party, such as an NGO; appeal to a court or tribunal available to both complainant and accused |
| Implementation issues | Lack of compliance by employers, especially in creating mandated "Internal Complaints Committees" |
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What You'll Learn
Sexual harassment in India is termed Eve teasing
Sexual harassment in India is termed "Eve teasing". It refers to the sexual harassment or sexual assault of women by men in public places. The term is primarily used in Indian English and is considered a trivialisation of the seriousness of the offence. Eve teasing includes sexually suggestive remarks, brushing in public places, catcalls, and groping. It can also include more severe forms of abuse such as rape and murder.
The problem of Eve teasing in India received public and media attention in the 1970s. This was around the same time that the term "sexual harassment" was coined and began to gain popularity as a concept. As more women started attending college and working independently, the problem of Eve teasing grew in India. This led to the Indian government taking remedial measures, including sensitising the police about the issue and deploying plain-clothed female police officers to curb the practice.
In 1997, the Apex Court in India pronounced a landmark judgment in Vishaka and others v. State of Rajasthan ("Vishaka Judgment"). This judgment laid down guidelines that were mandatory for every employer to provide a mechanism to address workplace sexual harassment and enforce the right to gender equality for working women. The Criminal Law (Amendment) Act, 2013 also introduced changes to the Indian Penal Code, making sexual harassment an explicit offence under Section 354 A, with penalties of up to three years of imprisonment and/or a fine.
Despite these efforts, Eve teasing remains a significant problem in India's patriarchal society. It has negative implications for the career, socio-economic, and political opportunities of women. In a study, 83.20% of respondents reported being exposed to Eve teasing in their lives. The normalisation of such behaviour leads to a decline in opportunities for women and encourages more individuals to participate in such harassment.
To address this issue, organisations like the National Cadet Corps (NCC) have worked to empower young women and build their self-confidence to fight against sexual harassment. Social scientists like Dr. Usha Rana have also conducted research and published articles to raise awareness and promote understanding of the problem.
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Sexual harassment violates a woman's fundamental right to equality
Sexual harassment in India was previously termed "Eve teasing" and was described as unwelcome sexual gestures or behaviour, including sexually coloured remarks, physical contact and advances, showing pornography, and demands for sexual favours. The critical factor in determining sexual harassment is the unwelcomeness of the behaviour and its impact on the recipient.
The Vishaka Judgment was a result of the Vishaka and others v. State of Rajasthan case, where an NGO filed a PIL seeking special measures to deal with sexual harassment in the course of employment. The Supreme Court's guidelines were mandatory for employers to provide a mechanism to redress grievances related to workplace sexual harassment and enforce the right to gender equality for working women.
The Criminal Law (Amendment) Act, 2013, introduced changes to the Indian Penal Code, making sexual harassment an explicit offence under Section 354 A, punishable by up to three years of imprisonment and/or a fine. The Act also provides for protection against sexual harassment as a universally recognised human right, in line with international conventions such as the Convention on the Elimination of All Forms of Discrimination against Women, ratified by India in 1993.
While the Act is a significant step forward in protecting women's rights, it has faced challenges in implementation, with many employers failing to comply with its provisions. Additionally, the Act only provides protection for women and does not address situations where men are victims of sexual harassment. Despite these shortcomings, the Act represents a crucial step towards recognising and addressing sexual harassment as a violation of fundamental rights in India.
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The Sexual Harassment of Women at Workplace Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is a legislative act in India that aims to protect women from sexual harassment at their place of work. The Act came into force on 9 December 2013 and applies to all workplaces in the country, including government, private, and non-governmental organizations, as well as any other institutions or establishments.
The Act provides a clear definition of sexual harassment, encompassing unwelcome acts or behaviour that are sexually coloured, creating a hostile or intimidating work environment. This definition is in line with the Indian Supreme Court's ruling in the Vishaka Judgement, which was formulated after the Court's failure to provide justice to Bhanwari Devi, a member of the Rajasthan Government's Women's Development Program who was brutally gang-raped for trying to stop a child marriage.
The Sexual Harassment of Women at Workplace Act mandates every workplace with more than ten persons to constitute an Internal Complaints Committee (IC). This committee is responsible for addressing complaints of sexual harassment and ensuring a safe working environment. In cases where the workplace does not have an IC, such as in organizations with fewer than ten employees, the district officer shall constitute a Local Committee (LC) to receive and redress complaints.
The complaint procedure under the Act involves the following steps:
- The aggrieved woman or any person authorized on her behalf can file a written complaint of sexual harassment with the IC or LC, as applicable, within three months of the incident.
- The committee shall conduct an inquiry into the complaint in a fair and impartial manner, maintaining confidentiality.
- After the inquiry, the committee prepares a report with findings and recommendations, including appropriate actions and penalties for the employer to implement within 60 days.
- The employer must provide relief to the aggrieved woman, which may include monetary compensation or counseling.
- If either party is dissatisfied with the decision or action taken, they may appeal to the appropriate authority.
The Act also prohibits retaliation or adverse actions against the complainant for filing a complaint in good faith. Penalties for the guilty party may include a monetary fine or termination of employment, depending on the severity of the offense. If an employer fails to constitute an ICC or comply with the Act's requirements, they may face a monetary penalty of up to INR 50,000, with the possibility of the punishment being doubled or the entity de-registered for repeat offenses.
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The Vishaka Judgment and Guidelines
In India, sexual harassment, termed "Eve teasing", is defined as any unwelcome sexual gesture or behaviour, whether direct or indirect, including sexually coloured remarks, physical contact and advances, showing pornography, and demands or requests for sexual favours. It is a violation of a woman's fundamental right to equality and her right to life and to live with dignity as per Articles 14, 15, 19(1)(g) and 21 of the Constitution of India.
Prior to 1997, there were no formal guidelines in India for dealing with sexual harassment in the workplace. Women who experienced such harassment had to lodge a complaint under Section 354 of the Indian Penal Code, which dealt with the 'criminal assault of women to outrage women's modesty', or under Section 509, which punishes individuals for using a 'word, gesture or act intended to insult the modesty of a woman'.
In 1997, the Supreme Court of India delivered a landmark judgment in Vishaka and others v. State of Rajasthan, which laid down guidelines for dealing with sexual harassment in the workplace. These guidelines, known as the "Vishaka Guidelines", were stipulated by the Supreme Court to address the lack of formal procedures for handling such complaints. The Vishaka Guidelines were formulated with the consent of the Union of India through the learned Solicitor General and were intended to govern the behaviour of employers and all others in the workplace to curb the social evil of sexual harassment.
The Vishaka Judgment recognised that sexual harassment infringes on a woman's fundamental rights to gender equality and human dignity in the workplace. The Court emphasised the importance of considering international conventions and norms when interpreting these rights, as guaranteed by the Indian Constitution. The judgment also acknowledged the psychological stigma associated with reporting sexual harassment, allowing for time-bound treatment of complaints without imposing strict time limits on reporting.
The Vishaka Guidelines mandated that every employer must provide a mechanism to address grievances related to workplace sexual harassment and enforce the right to gender equality for female employees. These guidelines served as a precursor to formal legislation on sexual harassment, with the Indian Parliament passing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013, which incorporated many of the Vishaka Guidelines' principles.
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Sexual harassment by an employer is illegal
Sexual harassment in India was previously termed "Eve teasing" and was described as unwelcome sexual gestures or behaviour, including sexually coloured remarks, physical contact and advances, showing pornography, and demands or requests for sexual favours. The critical factor in determining sexual harassment is the unwelcomeness of the behaviour and its impact on the recipient.
In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to provide protection to women against sexual harassment at their place of work. The Act defines sexual harassment, creates a mechanism for redressal of complaints, and provides safeguards against false or malicious charges. It also covers concepts such as 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment. The Act is intended to include all women employees, including those in the unorganized sector and domestic workers.
The Indian law does not permit the victim or complainant to take assistance from a legal professional during the inquiry. However, in the case of Arti Devi Vs Jawaharlal Nehru University, the High Court of Delhi permitted the complainant to avail the services of a counsel as her defence assistant. The Act also stipulates that employers who fail to comply will be punished with a fine of up to 50,000 rupees.
The Criminal Law (Amendment) Act, 2013, introduced changes to the Indian Penal Code, making sexual harassment an explicit offence under Section 354 A, punishable by up to three years of imprisonment and/or a fine. This section stipulates what constitutes a sexual harassment offence and outlines the penalties for a man committing such an offence.
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Frequently asked questions
In India, sexual harassment is termed "Eve teasing" and is defined as any unwelcome sexual gesture or behaviour, including sexually coloured remarks, physical contact and advances, showing pornography, and demands for sexual favours.
Sexual harassment is considered a violation of the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India, as well as her right to life and dignity under Article 21.
In April 2013, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which seeks to protect women from sexual harassment at their place of work. This Act defines sexual harassment and establishes a mechanism for addressing complaints.
The Vishaka Guidelines are a set of procedures formulated after the landmark Vishaka and others v. State of Rajasthan case in 1997. These guidelines were mandatory for employers to follow in cases of workplace sexual harassment and were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
