Creating a safe environment Best practices to deal with sexual harassment of women at

workplace

Nelson Mandela once said that Education is the most powerful weapon which you can use to
change the world. Education is a necessity for improved access to employment and diverse
opportunities and through educating; millions of women are achieving their desired results.
While the majority of the Indian workforce consists of men, it is important to note that a large
number of women are entering the countrys workforce today. Therefore, women play a pivotal
role in the development of this nation.

The issue with harassment of women at workplace has been increasing and the victims of such
acts are unable to deal with such instances. Sexual harassment is an act which causes discomfort,
distress and humiliation to the other. Most of the sexual harassment cases are aimed at women by
men who work with them. Sexual harassment may occur under various circumstances, i.e. in
workplaces as varied as factories, school, academia, cinema and the music business. The main
cause of such an act is the cultural values that our system provides and the patriarchal character
of our society which gives certain relative power to the men.

Sexual harassment in the workplace refers to a verbal or physical act with a sexual nature,
performed in recruitment or in the workplace by a boss, manager, employee, client or customer
of a working unit, that is unwelcomed by the person receiving it and has caused the person to
feel violated, insulted, and being in an unbearable hostile environment. It is very difficult to
understand as it involves a range of behaviors which makes it uncertain. Sexual harassment may
be verbal, physical, visual or psychological.

Generally speaking, there are two types of sexual harassment, i.e. quid pro quo and hostile
environment. The former occurs when it is implied that the person must submit to conduct of a
sexual nature in order to participate in an activity, and the latter occurs when unwelcome conduct
of sexual nature creates an abusive working or learning environment.

Our constitution provides Fundamental Rights to all the citizens under chapter III and the act of
Sexual harassment violates the rights which are guaranteed under the Constitution. The Article
14 of the Indian Constitution guarantees equality of status and opportunity, thereby giving rights
to every individual irrespective of their religion, race, caste or sex and sexual harassment violates
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this right which is granted by the constitution. Sexual harassment is impermissible under any
circumstance and Sexual Harassment of Women at Workplace (prevention, prohibition and
redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual
harassment at their place of work.

Sexual harassment is unlawful under every situation and almost every country has a policy
against this act. A company follows corporate culture and has its own certain policies, and one of
the fundamental element is to respect the co-worker in the work place. Sexual harassment not
only affects the victim physically but also affects them mentally which will lead to lower work
efficiency, thereby affecting the work atmosphere. It is an act which is against the work ethics
which all the companies or employees are required to follow.

Sexual harassment is widespread and a survey conducted in China, shows that most of the
victims of sexual harassment choose to resign instead of complaining against the offenders. It is
an act which makes women uncomfortable and it often frightens them there by affecting their
social life and work environment.

One important thing to note is that Sexual harassment happens not only between the opposite
genders but also happens between the persons of the same gender. Even though the people are
aware of their rights and the state and the corporate entities have developed certain laws, policies
and procedures in dealing with sexual harassment, there are certain steps or methods to avoid
such an act.

The victim of such abuse must refuse such uncomfortable act verbally in its initial stage and if it
is ineffective, then the victim should contact the concerned department of the work place and
must file a complaint against the offender. The victim shouldnt ignore such situations and must
consider it sternly. Instead of concealing the abuse, the victim should speak to friends or family
or to a psychologist and ask for help when necessary. The victim may talk to the offender
directly and may ask the person to stop or may inform the supervisor or the Human Resource
manager about the situation. The companies in order to avoid such abuses among the employees
may form a Sexual harassment policy or a committee and implement certain bylaws regarding
prevention and prohibition of such acts.

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According to ILO Sexual harassment undermines the equality at workplace by calling into
question individual integrity and the well-being of workers; it damages an enterprise by
weakening the bases upon which work relationships are built impairing productivity.

Therefore Sexual Harassment is a very sensitive issue and women must understand their rights
and deal with such an abusive act sternly, and even the state must adopt certain strict rules and
regulations against such acts and only then it can be controlled

Vaisak Unnikrishnan

IV Year B.A LL.B

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