Gender sensitivity laws etc

1. SEXUAL HARASSMENT

2. Vishakha Case
• Landmark Judgment
• Sexual Harassment at the Workplace has remained
one of the central concerns of the women's
movement in India since the early-'80s.
• Before 1997,women experiencing SHW had to lodge
a complaint under Sec 354 of the IPC that deals with
the 'criminal assault of women to outrage women's
modesty‘ and Sec 509 that punishes an
individual/individuals for using a 'word, gesture or
act intended to insult the modesty of a woman'.
• These left the interpretation of 'outraging women's
modesty' to the discretion of the police officer.

3. HISTORY OF VISHAKHA CASE
• Supreme Court Guidelines evoked in the Case of “Vishakha and others V.
State of Rajasthan and others” owing to Gang rape of Bhanwari Devi by a
group of Thakurs when she attempted to stop a child marriage in their family.
• Bhanwari Devi was, a rural level social worker (Saathin) in a developmental
programme initiated by Rajasthan State Government, who tried to stop
Ramkaran Gujjar’s infant daughter’s marriage as part of her work,
Nevertheless, marriage took place.
• But Bhanwari Devi was not forgiven for her efforts to stop marriage and was
subjected to social boycott. In September 1992, she was gang raped by five men
including Ramkaran Gujjar in front of her husband.
• The days that followed were filled with hostility and humiliation for Bhanwari
and her husband.
• The only male doctor in the Primary Health Centre refused to examine
Bhanwari and the doctor at Jaipur only confirmed her age without making
any reference to rape in his medical report.
• Women constables at Police station, too, taunted her throughout the night and
that midnight she was asked to leave her lehenga behind as evidence and
return to her village.

4. HISTORY OF VISHAKHA CASE
• She had to leave wearing her husband’s bloodstained dhoti as
their pleas to let them sleep in the police station at night were
turned down. Trial court acquitted the accused. But Bhanwari
was determined to fight further and get justice.
• She said that she had nothing to be ashamed of and that the men
should be ashamed due to what they had done.
• Her fighting spirit inspired fellow Saathins and women’s groups
countrywide. They launched a concerted campaign for justice for
Bhanwari.
• In December 1993, the High Court said, “it is a case of gang-rape
which was committed out of vengeance”.
• This provoked women’s groups and NGOs to file a petition in the
Supreme Court of India.
• The groups had filed a petition in the Supreme Court of India,
under the name ‘Vishakha’, seeking the court directions on
sexual harassment that women face at the workplace.
• The result, Supreme Court gave judgment on 13th August 1997,
as Vishakha case guidelines.

5. SC in 1997 in Vishakha vs State of Rajasthan
Case
Defined sexual harassment as
“ Unwelcome sexually determined
behavior”
1.Sexually coloured remarks
2.Physical contact and advances
3.Showing pornography
4.A demand or request for sexual favours
5.Any other unwelcome physical, verbal /
non-verbal conduct being sexual in nature.

6. SEXUAL HARASSMENT AT
WORKPLACE

7. VERBAL :
 Sexual or gender- based jokes or teasing or
comments
 Comments about clothing, personal behaviour, or a
person’s body.
 Requesting for sexual favours.
 Pressure for dates.
 Graphic description of pornography.
 Obscene phone calls.
 Spreading rumors about a person’s personal or sex
life.
 Turning work discussions to sexual topics ( using
“puns”)

8. NON-VERBAL :
 Staring.
 Sizing up a person’s body
( looking up & down)
 Derogatory gestures of a
sexual nature.
 Sexually suggestive looks.
 Facial expressions of a
sexual nature; winking, licking lips.

9. PHYSICAL :
 Unwelcoming hugging, kissing.
 Standing too close to or brushing up against another
person, leaning over, invading a person’s space.
 Patting, stroking, grabbing or pinching.
 Blocking someone with the purpose
of making a sexual advance.
 Stalking.
 Actual or attempted sexual assault, or forced fondling.
VISUAL:
 Presence of posters, cartoons, drawings,
calendars, pinups, pictures, computer
programs of a sexual nature.
 Notes or e- mail containing sexual
comments.
 Knick-knacks and other objects
of a sexual nature.

10. WHAT ARE THE EFFECTS OF
SEXUAL HARASSMENT
ON
THE ORGANISATION?

11. •Decreased productivity and increased team conflict.
•Decreased job satisfaction.
•Loss of staff and expertise from resignations to avoid
harassment or resignations/firings of alleged harassers;
•Decreased productivity and / or increased absenteeism by
staff.
•Increased health care costs and sick pay costs because of
the health consequences of harassment
•The knowledge that harassment is permitted can undermine
ethical standards and discipline in the organization in
general, as staff lose respect for, and trust in, their seniors
who indulge in, or turn a blind eye to, sexual harassment
•If the problem is ignored, Organisation image can suffer.
•Legal costs if the problem is ignored and complainants take
the issue to court.
EFFECTS OF SEXUAL HARASSMENT ON
ORGANISATION

13. CCS (CONDUCT) RULES 3-C. (25)
The employers as well as responsible persons or
institutions to observe certain guidelines to ensure
prevention of sexual harassment of women in work
place .
1. Duty of Employer or other responsible persons in
work place and other institution is to prevent or
deter the acts of sexual harassment and have
procedures in place for the resolution and settlement
of such acts.
PROHIBITION OF SEXUAL HARASSMENT OF
WORKING WOMEN

14. 2. Preventive steps: Employers
a) Express prohibition of sexual harassment as defined
above at work place should be notified and circulated
in appropriate way.
b) The Rules/Regulations of Govt. and public sector
bodies relating to conduct and discipline should include
rules/regulations prohibitions sexual harassment and
provide for appropriate penalties in such rules against
the offenders,.
c) Appropriate work condition should be provide in
respect of works, leisure, health and hygiene to further
that there is no hostile environment towards women at
work places and no employee women should have
reasonable grounds to believe that she is at
disadvantage in connection with her employment.

15. 3. Criminal Proceedings
Where such conduct amounts to specific offence under
IPC or under any other law, the employer shall initiate
appropriate action in accordance with law by making a
complaint with appropriate authority.
In particular, it should ensure that victims or witnesses
are not victimized or discriminated against while
dealing with complaint. The victims should have
options to seek transfer of the perpetrator or their own
transfer.
4. Disciplinary Action:-
Where such conduct amount to misconduct in employment as
defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with
those rules.

16. 5. Complaint mechanism-
 An appropriate complaint mechanism should be created
in the employers organisation for redress of the
complaint made by the victims.
 The Complaint Committee should be headed by a
women and not less than half of its member should be
women. Further to prevent the possibility of any undue
pressure or influence from senior levels, such
Complaints Committee should involve a third party,
either NGO or other body who is familiar with the issue
of Sexual Harassment.
 The complaints Committee must make an annual report
to the Govt department concerned of the complaints and
action taken by them.

17. 6. Workers’ Initiative-
Employee should be allowed to raise issues of sexual
harassment at workers’ meeting and in other appropriate
forum and it should be affirmatively in Employer- Employee
Meeting.
7. Awareness
Awareness of the rights of female employees in this regards
should be created in particular by prominently notifying the
guidelines in a suitable manner.
8. Third Party Harassment
Where sexual harassment occurs as a result of an act or
omission by any third party or outsider, the person in charge
will take all steps necessary and reasonable to assist the
affected person in terms of support and preventive action.

18. CONCLUSION
• Dignity vs Livelihood
• Generated Awareness
• Gender Justice & Gender Equality
• Paved way for separate laws for SHW
• The Sexual Harassment Act of 2013.