By Dr. S. Saraswathi
The Supreme Court has asked Chief Justices of all High Courts in the country to set up within two months anti-sexual harassment committees at all High Courts and District courts as directed in the 20-year-old verdict in the Vishaka case against the Government of Rajasthan and in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.
It was dealing with a complaint by a woman advocate of alleged manhandling by fellow advocates at the Tis Hazari Court in Delhi for attempting to attend court when lawyers were on strike on 4th May. The apex court wants prompt action and has hinted at Suo motu action if the committees are not constituted.
Sexual harassment has suddenly become the topic of the day since a senior choreographer made a rather shocking statement about prevalence of “casting couch” in Bollywood. The topic, shunned as taboo for open discussion in our country and incidents suppressed by the victims fearing shame and stigma for no fault on their part, has emerged as a serious problem requiring effective solution.
The matter could have lost its significance and ended there but for Congress MP, Renuka Chowdhuri’s more shocking comment on the “bitter truth” that no workplace in India is immune from sexual harassment — not even Parliament. She later amended her statement by pointing out that politics is most transparent and includes a redressal cell. This has reopened the question of workplace safety for women in India among various problems of working women. It has triggered a kind of a “Me Too” movement opening a can of worms hidden in workplaces.
It was in the 1990s, the problem of sexual harassment at workplaces received attention after the incident of rape reported by the chairman of the Women’s Development Programme in Rajasthan for preventing a child marriage. Rajasthan court did not consider rape as a serious crime and a Women’s Right Group, Vishaka filed a PIL in the Supreme Court. It opened a new era of women’s safety in the workplace at least as the law and guiding principles.
In 1997, the Supreme Court recognised sexual harassment at the workplace as a violation of human rights. It had also issued guidelines on how establishments should set up mechanisms to deal with such offences. It defined sexual harassment, laid down the duties of employers to ensure that work atmosphere was not hostile for women, barred victimisation of complainants and witnesses, and provided standing orders pending a Central legislation in the matter. Known as Vishaka Guidelines, these were in conformity with international law and the resolutions of the Convention on the Elimination of All Forms of Discrimination Against Women. But, these did not become rules or evoke compliance.
In December 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act was adopted by Indian parliament. Under this, the employer of any organisation that employs more than 10 women should appoint an Internal Complaints Committee with at least 50 per cent women members composed of a senior woman employee, two other employees, and a social worker to hear complaints. Failure to form the committee carries a penalty up to Rs. 50,000 for the first offence and double that amount for repeat offence.
Where such a committee is not constituted, and where the complaint is against the employer himself, the District Magistrate is authorised to set up a panel drawn from social workers and NGOs to deal with the complaints. Government has also to set up Local Complaints Committee at district level.
However, even the legislation has not been taken seriously. The National Commission for Women reported in 2014 that one-third of Indian corporations and one-fourth of global companies surveyed in the country were not implementing the 2013 Act. A big increase in the number of sexual harassment cases at workplaces, more than double the number in the previous year, was noted in 2014.
Between 2014 and 2017, a total of 1971 cases of sexual harassment of women at workplace were registered amounting to one case per day on average. Cases reported increased by 45 per cent from 371 in 2014 to 539 in 2017. Maximum number of cases was reported from Uttar Pradesh – 141 in 2017. A survey by the Indian Bar Association mentioned that 70 per cent did not report for fear of repercussions.
The 2013 Act provides for punishment for sexual harassment at workplace ranging from apology and censure to withholding promotions and increments and even termination of service. The Act does not rule out conciliation and settlement of disputes if the victim requests.
It is reported that a large number of companies are not aware of the penal consequences of not constituting committees although the 2013 Act mandates constitution of Internal Complaints Committee to display the penal provisions, organize orientation programmes for members of the ICC, and awareness programmes for all.
Sexual harassment includes physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. Its meaning was expanded in 2014 to include threats and skewed treatment within its ambit including explicit promise of preferential treatment as well as threat of humiliating treatment. The new set of rules has been incorporated in the Central Civil Services (Conduct) Rules, 1964.
In this age of tight job situation, harassment of any employee in any form affecting promotion and prospects is bound to be a serious matter for that employee. So also, exchange of favours between the employer/superior or boss and a woman staff member as part of job assignment is a cruel form of crime against women. Such an atmosphere, wherever it flourishes, must be changed.
The definition of workplace has been amended to include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled, or wholly or substantially funded directly or indirectly by the Centre, any sports institute, stadium, sports complex or competition or games venue used for training (whether residential or not), sports or other activities, any place visited by the employee in connection with work including transportation provided for work by the employee, a dwelling place or house.
Sexual harassment is the most common offence perpetrated globally against women workforce. The latest crime survey in England and Wales shows that more than 510,000 women — about 30 per cent of women in the age-group 15-59 experienced some type of sexual assault in the previous year.
In Australia, the Sex Discrimination Act was passed in 1984 under which sex harassment is unlawful under certain circumstances. In Portugal, Belgium, and Peru, sexual harassment of a woman in a public place is an offence. Anything that affects a woman’s “freedom, dignity, and movement” is considered as harassment. It may be physical or verbal.
Denial of sexual harassment cases in workplaces is no solution to the problem that affects women’s dignity as well as organisational goals. The Vishaka judgement should not be frozen by inaction and indifference. —INFA
(The writers is former Director, ICSSR, New Delhi)