ITS ABOUT HARASSMENT AT WORK PLACE AND PREVENTION,LAWS,ACT,MYTH&FACT

1. @WORK PLACE

2. Sexual Harassment At
Workplace
Sexual Harassment at the Workplace (SHW) 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 Section 354 of the Indian Penal Code that
deals with the 'criminal assault of women to outrage women's
modesty', and Section 509 that punishes an
individual/individuals for using a 'word, gesture or act intended
to insult the modesty of a woman'. These sections left the
interpretation of 'outraging women's modesty' to the discretion
of the police officer.
In 1997, the Supreme Court passed a landmark judgment in
the Vishakha case laying down guidelines to be followed by
establishments in dealing with complaints about sexual
harassment. The court stated that these guidelines were to be
implemented until legislation is passed to deal with the issue
(Mathew, 2002).
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013

3. Definition of sexual
harassment at work :
As defined in the Supreme Court guidelines
(Vishakha vs. State of Rajasthan, August
1997), sexual harassment includes such
unwelcome sexually determined behaviour
as:
Physical contact
A demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-
verbal conduct of a sexual nature, for
example, leering, telling dirty jokes, making
sexual remarks about a person's body, etc

4. Myths and facts about sexual
harassment:
Myth 1: Women enjoy eve-teasing/sexual harassment.
Fact: Eve-teasing/sexual harassment is humiliating,
intimidating, painful and frightening.
Myth 2: Eve-teasing is harmless flirtation. Women who
object have no sense of humour.
Fact: Behaviour that is unwelcome cannot be
considered harmless or funny. Sexual harassment is
defined by its impact on the woman rather than the
intent of the perpetrator.

5. Myth 3: Women ask for SHW. Only women who are
provocatively dressed are sexually harassed.
Fact: This is the classic way of shifting blame from the
harasser to the victim. Women have the right to act, dress
and move around freely without the threat of attack or
harassment.
The most popular slogan of the women's rights movement
of the past three decades has been:|
However we dress, wherever we go
'Yes' means 'Yes' and 'No' means 'No'.
Myth 4: Women who say 'no' actually mean 'yes'.
Fact: This is a common myth used by men to justify sexual
aggression and one-sided sexual advances.

6. Myth 5: Sexual harassment is not really an issue.
It doesn't hurt anyone.
Fact: Persons subjected to sexual harassment
experience a wide range of physical and
psychological ailments. There are economic
consequences for the victim's physical and mental
wellbeing, and the organisation's productivity,
efficiency and work ethic.
Myth 6: Sexual harassment is 'natural' male
behaviour. Man is the hunter and woman the prey.
Fact: Men are not born knowing how to sexually
harass others. It's learned within the context of a
sexist and patriarchal environment that
perpetuates control over women's sexuality, fertility
and labour.

7. Myth 7: Women keep quiet. That means they like it.
Fact: Women keep quiet to avoid the stigma attached
and retaliation from the harasser. Women are afraid
that they will be accused of provoking it, of being
victimised, of being called liars and made the subject
of gossip.
Myth 8: If women go to places where they are not
welcome, they should expect sexual harassment.
Fact: Discriminatory behaviour and abuse is unlawful.
Women have equal access to all work facilities. A safe
workplace is a woman's legal right.

8. The Vishakha guidelines:
 All workplaces should have an appropriate
complaints mechanism with a complaints
committee, special counsellor or other
 support services.
 A woman must head the complaints committee
and no less than half its members should be
women.
 The committee should include an NGO/individual
familiar with the issue of sexual harassment.
 The complaints procedure must be timebound.
 Confidentiality must be maintained.
 Complainants/witnesses should not experience
victimisation/discrimination during the process.

9. Preventive steps:
 Sexual harassment should be affirmatively
discussed at workers' meetings, employee
meetings, etc.
 Guidelines should be prominently displayed
to create awareness about the rights of
female employees.
 The employer should assist persons affected
in cases of sexual harassment by outsiders.
 Central and state governments must adopt
measures, including legislation, to ensure
that private employers also observe
 the guidelines.
 Names and contact numbers of members of
the complaints committee must be
prominently displayed

10. Sexual Harassment of Women at
Workplace (Prevention, Prohibition and
Redressal) Act, 2013
 The Act came into force from 9 December
2013
 The Act will ensure that all women are
protected against sexual harassment at all
the work places, be it in public or private,
and domestic workers as well.
 The Committee is required to complete the
inquiry within a time period of 90 days.
 mandated to take action on the report within
60 days.

11. Penal Code
 Through the Criminal Law
(Amendment) Act, 2013, Section 354
was added to the Indian Penal
Code that stipulates what consists of a
sexual harassment offence and what
the penalties shall be for a man
committing such an offence
 Penalties range from one to three
years imprisonment and/or a fine.
Additionally, with sexual harassment
being a crime, employers are
obligated to report offences

12. A STUDY OF 2,235 FULL-TIME AND PART-
TIME FEMALE EMPLOYEES
CONDUCTED BY COSMOPOLITAN.COM

16. REFERENCEs:
1.A brief history of the battle against sexual harassment at the workplace by
Vibhuti Patel.
2.Wikipedia
3. http://www.aware.org.sg/ati/wsh-site/2-myths/
4. Survey by cosmopolitan.com