S exual Harassment
Sexual Harassment
What would be considered sexual harassment at workplace?
The following would be counted as sexual harassment at workplace:-
- If a woman feels that there is a threat to her for pernicious treatment in her employment.
- If there is a promise for preferential treatment during employment.
- Employment threat which can be present or future.
- If the lady is being treated with humiliation which is affecting the health or safety of the woman.
- The work environment at the workplace is offensive in nature or there is interference with the work of the lady employee.
Laws relating to sexual harassment in india
The main law which deals with sexual harassment at workplace is – The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act). Moreover, the fundamental rights of a woman under Article 14 and 21 of the Constitution of India are infringed by sexual harassment. There are also provisions against Sexual Harassment under the Indian Penal Code. These provisions are provided under Sections 294, 354, 376, 510 of the IPC. Section 294 deals with songs and obscene acts at public place. Section 510, under this provision making gestures or uttering words are not allowed which outrages the modesty of a woman. The provision regarding assault and criminal force which is given under Section 354 of the IPC. Another Act that has been designed by the legislature is Indecent Representation of Women Act, 1997. The women who are harassed can go to civil courts for tortious actions like physical harassment, income loss in the employment of victim.
There are two basis on which the sexual harassment can be distinguished. These are- ‘Quid pro quo’ and ‘hostile working environment’. In quid pro quo, the woman is sexually harassed which can be in exchange of the work benefits or sexual favours resulting in actions like demotion or to work under difficult conditions. The hostile working environment refers to the imposing of a duty upon the employer to provide the women worker with good working environment that do not allow for sexual remarks which shows pornography or brushing against the female employees.
Nature of the proceeding– It is a quasi- civil proceeding.
Jurisdiction– The Sexual Harassment Committee which is constituted by the employer.
Relief– If a person is found guilty under this offence then the employer has the liberty to take necessary action which includes the termination of job.
Nature of trial– Summary nature of trial. In the case of sexual harassment the prima facie evidence is to be considered. The detailed inspection is not required by the Court of law.
Remedies for false cases of sexual harassment at workplace
The Sections of the Sexual Harassment act are misused, therefore, there is a specific provision for the punishment of such complainant for filing a false case under this Act. Under Section 14 of the Act, the complainant can be penalized.
Under section 18 of the POSH Act, there is a right to appeal against the suggestions of the Internal Complaints Committee (ICC). If the accused person is not satisfied with the findings of the Internal Complaints Committee, then an appeal can be filed to the appellate authority.
The Court can also take action under Section 200 of the Criminal Procedure Code and punish the complainant for lodging false complaint against a person. An innocent cannot be punished under any circumstances. The monetary compensation can also be given to the victims of such complaints for all the trauma that they have gone through.
Case laws-
‘Vishakha & ors vs state of rajasthan & ors, AIR 1997 SC 3011’ – The Supreme Court in this case identified that sexual harassment contributes to the violation of the fundamental rights of the woman. The guidelines framed in this case are given below-
- The government should make strict laws and regulations in order to prevent sexual harassment at workplace.
- Every women employee should be given a sense of security at her workplace.
- Any such act would result in disciplinary actions against the wrong doer, moreover, criminal proceedings can also be initiated against such persons.
- Every workplace should have a sexual harassment redressal forum and such complaints should be dealt with in a reasonable time.
‘Apparel export promotion council vs. A.K. chopra, (1999) 1 SCT 642’ – In this case, it was held that molestation or any attempt of molestation by the senior would amount to sexual harassment at workplace. The Supreme Court also held that it is gender discrimination against women.
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