National Conference For Women In Police

Sexual Harassment at Work Place
Vishakha Guidlines & Others Laws

Sexual harassment in workplaces is not an isolated phenomenon, but a manifestation of the larger gender discrimination in society. It is a widespread and everyday occurrence, though seldom recognized as such. Women victims of sexual harassment are reluctant to even admit to this because of social stigma, ostracism and fear of reprisals while men find the issue threatening and uncomfortable and either deny its existence or trivialize it.

What is Sexual Harassment.
The Visakha guidelines of the Supreme Court define Sexual harassment as any unwelcome sexually determined behavior such as:
• Physical contact and advances;
• Demand or request for sexual favours;
• Sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Who are covered under this?
Women who:
• Draw a regular salary
• Receive an honorarium.
• Do voluntary work in the government, private and unorganized sector.

Types of Sexual Harassment.

Sexual harassment includes harassment not only in work situations but also harassment in public or social situations, for example on the roads, in buses etc. Hostile and anti women environment like pornography in public places, use of foul language etc. also constitutes sexual harassment. Although these may not be directed against any particular woman but the effect is of discomfort which puts her in a disadvantaged position.

In most cases of sexual harassment women feel raped psychologically. They go through post-rape trauma- a drop in self-esteem and confidence, nervousness, humiliation and guilt that they were somehow responsible. Scandals about the victims character often misrepresent her as the wrong-doer. Fearing such an outcome, women often cringe from speaking out against their tormentors. And for most, the episode usually results in their giving up the job either quietly or under protest. Fear of unemployment also leads to women enduring the misery. Under-performance is a frequent excuse used to persecute a women employer who rebuffs sexual advances.

A survey was conducted for the various ranks of women police officers in Andhra Pradesh. The respondents belonged to various wings of the Police Departments spread across the state. Out of the 400 respondents, almost half stood firm on the claim that there was absolutely no form of sexual harassment in the department. More than 67% stated they would lodge a complaint if they were sexually harassed. Majority of the women officers ( 86%) felt that complaints relating to sexual harassment are true, while public embarrassment and fear of being blamed prevented women officers from lodging a formal complaint .
Remedies:-
• Acts of sexual harassment are covered by:
• IPC Sections 292 294: Obscenity
• IPC Section 354: Criminal Force or Assault Intended to Outrage Modesty
• IPC Section 375: Rape
• IPC Section 509: Word, Gesture or Act Intended to Outrage Modesty
• Protection of Human Rights Act, 1993
• Remedies in Visakha vs. State of Rajasthan are in addition to IPC. Visakha requires the employer to give a police complaint where sexual harassment also amounts to an of fence.
• It shall be the duty of the employer or any other responsible person in work places or other institutions to prevent or detect the commission of acts of sexual harassment by taking all steps required.

Employer's Obligations:
It shall be the duty of the employer or other responsible persons in work places to prevent or deter the commission of acts of sexual harassment and to provide for the resolution of acts of sexual harassment by taking all steps required. The employer shall;
• Create awareness
• Constitute complaints mechanism
• Initiate disciplinary action against perpetrators
• Initiate criminal action where required
• Provide support mechanisms to victims

Complaints Mechanism :
An appropriate complains mechanism should be created in the organization for redressal of the complaint made by the victim. Such mechanism should ensure time bond treatment of complaints. The complaints committee should be headed by a women and not less then half of its members should be women. It should include a member from NGO or other body familiar with the issue of sexual harassment. The complaints committee must make an annual reports to the government with the action taken report.

It provides for assistance of a special counselor or other support service to the complainant. Further confidentiality in the proceedings is to be ensured. The victim has the option to seek transfer of the perpetrator or her own transfer.

The complaints mechanism has to be understood in the context of evolving concepts of fair procedure. It is now beginning to recognize victims' rights, both in criminal law as well as in service law.

Experiences in the Implementation of Visakha
The Visakha guidelines were laid down by the Supreme Court in 1997. However an NCW study has shown that 60% of working women are still not aware of this. In number of cases it was found that the complainants were met with an enquiry into their own conduct instead of that of the perpetrator, Lodging of complaint often results in isolation of the woman, both by employer and by colleagues. It results in increased and sometimes more violent harassment, often with impunity.

In a sexual harassment case the response of the employer institution is one of great resistance. The institution gangs up against the woman complainant and shields the perpetrator; there is often reluctance to initiate any action against the perpetrator. The victim is pressured to withdraw the complaint, either by persuasion or threats.The institution attempts to close the complaint at the stage of preliminary enquiry itself. Often witnesses who are mostly employees, threatened to keep quiet.

Genuine implementation of Visakha will require conducting intensive attitudinal change programs for men and women in all institutions. Orientation programs for persons in complaints committees need to be conducted. Further trained personnel to assist victims during the enquiry procedure are needed . A panel of approved NGO's needs to be set up in every district, either by NHRC or Women's Commissions to assist the victims and guide the committee.

A women's rights activist once jokingly told a judge in Ahmedabad ”Sexual harassment is like God; its everywhere”. Ethereal smiles apart, the fact remains that for all the silence maintained on the issue, even one lone voice is enough call the bluff.