Presentation delivered at JB College Jorhat on 10 March, 2018

1. Sexual Harassment at
Workplace
Ms Pallavi Devi, LLM
Assistant Professor, School of Public Policy and Law
Assam Rajiv Gandhi University of Co-operative Management, Sivasagar, 785640

2. Bhanwari Devi Rape case: Winner of Neerja
Bhanot Memorial Award
Bhanwari Devi is an Indian social-worker from Bhateri, Rajasthan,
who was allegedly gang raped in 1992 by higher caste men
angered by her efforts to prevent a child marriage in their family.
Her subsequent treatment by the police, and court acquittal of
the accused, attracted widespread national and international
media attention, and became a landmark episode in India's
women's rights movement
Bhanwari's case shaped the women's movement in India. The
Bhanwari case is said by some to have encouraged more rape
victims to prosecute their rapists.

3. Key points
 What is sexual Harassment?
 What is not Sexual Harassment
 Kinds of Sexual Harassment
 Who can commit sexual harassment?
 What should I do if I experience something I think may be sexual
harassment?
 Is touching only amounts to sexual harassment?
 Who can commit sexual harassment?
 What is Ok and what is not Ok

4. Traditional and New meaning of Sexual Harassment
 Traditional Meaning
 Eve teasing/Male/boyish behaviour/Playing pranks
 Women must be tolerant and must overlook
 Consequence: Girls’ drop out from job and education
 New Meaning
 Harassment/patriarchal and unequal power relationship
 Becomes a crime and so punishable
 Consequence: Drop out of jobs, education, suicide and even death
 Women’s movement, feminist movement and NGO spreading awareness

5. Judiciary Intervention
 Apparel Export Promotion Council v. A.K. Chopra , 1999 case
 Does an action of the superior against a female employee which is against moral
sanctions and does not withstand test of decency and modesty not amount to sexual
harassment?
 Is physical contact with the female employee an essential ingredient of such a charge
 Vishakha v. State of Rajasthan, 1997 case
 Bhanwari Devi, a social worker in Rajasthan was brutally gang raped for stopping child
marriage
 International Conventions and norms are significant for the purpose of interpretation of
the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)
(g) and 21 of the COI and the safeguards against sexual harassment implicit therein

6. Salient Features of the judgement
 New definition of sexual harassment
 Complaint Mechanism
 Remedial measure
 Complaint Committee and its composition
 Mandatory nature all employer’s inclusive Govt, non govt, PSUs and colleges
 Need for a law against sexual harassment
 Sexual Harassment a crime and cognizable
 Nature of a Directive and mandatory on all the employers