Ashalika Pandey LLM 1st year Human Right NLSIU Banglore

1. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE IN INDIA ASHALIKA PANDEY ID NO. 465 LLM 1ST YEAR HUMAN RIGHTS

3. Efficacy as well as the limitations of “The Protection of Women against Sexual Harassment at Work Place Bill ,2010”

4. Obstacles in the implementation of laws to prevent sexual harassment of women at workplace as well as attempt to discuss solution to remove these hurdles.Presentation Objectives

6. To find out the flaws in present system which failed to address the malignancy.

7. To find out the possible cure for the malignancy . Research Problems

8. Research Questions What are the existing laws that speak about the status of women particularly at workplace? Is there any law to protect the harassment of women at workplace? If yes, then are they adequate or not ? What was the need for supreme court to lay down the guidelines in the Vishakha case? Do we really need any special enactment to prevent sexual harassment of women at workplace? Do we need modification in the Protection of Women Against Sexual Harassment at Workplace Bill 2010?

10. Complete enforcement of protection laws coupled with specialized machineries, agencies as well as radical change in attitudeof society will address the solution. Hypotheses

11. According to The Protection of Women Against Sexual Harassment at Work Place Bill, 2010 (same as laid down in Vishaka’s case) : Sexual Harassment at work place includes unwelcome sexually determined behaviour such as- physical contact and advances; demand or request for sexual favours; sexually coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal conduct of sexual nature. What is Sexual Harassment?

12. Indian Constitution. Indian Penal Code,1860. The Protection of Women Against Sexual Harassment at Work Place Bill, 2010. Law of Torts. Vishaka’s Judgment Guidelines. Relevant Laws :

13. Sexual Harassment and Indian Constitution Fundamental Rights Art.14: Equality before law Art. 15: Right to non-discrimination Art.15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them Art. 15(3):The State shall make any special provision in favour of women and children

14. Art. 16(1): Right to equal opportunities in employment to any office under the state Art. 16(2): No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. Art. 19(1)(g): Right to practice any profession or to carry out any occupation, trade or business. Art. 21: Right to life. Art. 32 : Remedies for enforcement of right. Contd…

16. S. 294 deals with obscene acts and songs at public place. S. 354 deals with assault or criminal force against women. S.376 deals with rape. S. 509 deals with uttering words or making gestures which outrages a women’s modesty. Sexual Harassment and IPC

17. Assault Battery Nuisance Libel Slander Sexual Harassment and Tort

18. 1) If a person harasses another by showing books, photographs, paintings, films etc. containing indecent representation of women then he will be liable with minimum 2yrs. imprisonment.2) Section 7 of this act punishes companies, if there is indecent representation of women like showing pornography. Indecent Representation of Women, Act (1997).

20. As stated by Supreme Court, these guidelines are applicable to: (a) The employer or other responsible persons or other institutions to prevent sexual harassment and to provide procedures for the resolution of complaint. (b) Women who either draw a regular salary, receive an honorarium, or work in a voluntary capacity in the organized sector come under the purview of these guidelines. Contd…

21. a)Express prohibition of Sexual Harassment must be notified, published and circulated. b)Government/ PSUs Rules/ Regulations forconduct/ discipline must include rules/regulations prohibiting Sexual Harassment andprovide for appropriate penalties against theoffender. 2. Preventive Steps (as laids down in Vishakha case) :

22. d) Provision should be made for appropriate work conditions for women. e) Inclusion of prohibition of sexual harassment in the standing orders the Industrial Employment (Standing Order) act, 1946 by the private employers. Contd…

23. Initiate criminal proceeding under IPC if such conduct amounts to specific offence under IPC or any other law. Ensure prevention of victimization and discrimination of victims and witnesses. Provide optional transfer, if the victim feels necessary. ( intrime 3. Criminal Proceeding

24. ‡Where such conduct amounts to misconduct in employment, appropriate disciplinary action should be initiated by the employer. 4.Initiate disciplinary proceeding

26. Headed by women. Not less than the half members should be women. Includes a third party/NGO. 6.Complaint Committee

27. Employees should be allowed to raise issues of Sexual Harassment at workersmeetings, employer and employeemeetings & other forums. 7. Worker’s Initiative

28. Create awareness of the rights of female employees to be created at workplace. Notified guidelines in suitable manner. 8. Awareness

29. Necessary steps to be taken by the employer to assist the victim in terms of support and preventive action. 9. Third Party Harassment

30. 10. Central and State government to adopt suitable measure including legislation to ensure these guidelines are also observed by employers in PRIVATE SECTOR. 11. These guidelines will not prejudice any rights available under Protection of Human Rights Act, 1993

31. The Protection of Women Against Sexual Harassment at Work Place Bill, 2010

32. Defines : Sexual Harassment at work place. Creates a mechanism for redressal of complaints. Provide safeguards against false and malicious charges. Complaint committee: - Local complaint committee. - Internal complaint committee. Penalties for employers. Complaint committees: Power of civil court. Complaint committees: space for conciliation. Highlights of the Bill

33. No clear demarcation of the jurisdiction, composition and functions of the committees. No provision to protect the men from sexual harassment. Exclusion of the cases of Domestic Workers. Action against the complainant in case of a false or malicious complaints. Issues in the Bill 2010 : Need for amendment

34. The Bill doesn’t speak about mandatory compensations to victims of sexual harassment. Contd..

35. The apathy of government to deal with the issue of sexual harassment at workplace categorically implies the lack of political will as well as the failure of organs of government to address the issue. The existing legal framework is not comprehensive and there is difficulty in access to justice for the victims and this can be addressed only by complete enforcement of protection laws coupled with addition of specialized machineries, agencies as well as a radical change in the mindset of society towards women issues will address the problem adequately. CONCLUSIONS

37. Contd.. State support to victims of sexual harassment. Creation of department of public awareness for women to promote interaction between women citizens and the state. Creation of a Monitoring agency to ensure enforcement of the legislation intended to protect and promote the rights and interests of women. Positive contribution from the media.

38. PLEASE DON’T IGNORE SEXUAL HARRASMENT IN THE HOPE THAT IT WILL GO AWAY

39. Thank you