Sexual harassment at work
Sexual harassment affects all women in some form or other. Unwanted remarks, touching, whistle, looking up and down is part of any women’s life? So much so it’s always dismissed as normal. Women who are working are no exception to this. As a matter of fact, working women commonly face the backlash of women taking new roles and assignments.
These are male domains within the patriarchy; sexual harassment at work is an extension of violence in every day work environment and is exploitative, highly discriminatory, thriving in the atmosphere as a threat or a terror or in the form of reprisals.
Sexual harassment is nothing but an expression of male power over women in a relationship. Sexual harassment is used to remind women of their vulnerability and subdued status. In a society where violence in any forms against women either subtle or direct is invariably borne out of patriarchal values prevalent in our society. These patriarchal values and the wrong attitudes of men and the subtle acceptance by women pose a great challenge in resolution and prevention of sexual harassment
Various studies find that sexual harassment is still present ,endemic often hidden ,many time buried in all kinds of organizations, yet it is still not viewed as a potential problem which has to be summarily tackled.
The issue of sexual harassment is of major concern for both employers and the women as many studies shows that sexual harassment touched upon the lives of 50 – 60 % of working women.
Hence combating or preventing sexual harassment involves an understanding of what is sexual harassment and change of mindset in all our employees and employers.
Sexual harassment has been recognized and understood as the most volatile, intimidating, offending the dignity of working women. Since long in countries like USA, UK, Germany etc. have not only taken note of such degrading experiences of sexual harassment and have adopted suitable legislative measures which are punitive in nature to combat sexual harassment.
In India it has been only 6-7 years since sexual harassment was first seriously recognized by the Supreme Court as a serious violation and gender based discrimination that seriously affect women.
The supreme court of India defined sexual harassment very clearly and provided guidelines for employers to address and prevent sexual harassment at work place. The Apex court of India gave mandatory guidelines knows as Visaka guidelines. For prevention and resolution of sexual harassment, enjoining employers by holding them responsible for creating a safe working environment for women.
Visaka guidelines apply to whole of India to both organized and unorganized work sector. To all women working full time or parttime, contract or permanent in voluntary or honorary capacity.
The Visaka guidelines are a brad frame work which emphasis on prevention and within which all appropriate measures can be adopted.
One important preventive measure is to adopt a prevention of sexual harassment policy
What is sexual harassment?
According to Supreme Court of India the definition of sexual harassment is an unwelcome sexually determined behavior such as
sexual harassment takes place if a person is subjected by another person to an unwelcome act of physical intimacy, like touching ,pinching ,grabbing ,patting etc. makes and unwelcome request or demand either directly or indirectly for a sexual favor.
What should you do if you are sexually intimidated?
Never ignore a sexual harassment in the hope that it will die on its own, be bold, move forward and register a complaint to ICC.
Never feel ashamed, boldly tell the harasser that you feel his behavior is not acceptable.
Speak to someone whom you trust about the harassment. It will not only give you strength but also helps fellow colleagues who may come across similar situations
Maintain a record of incidents of sexual harassment.
If you feel the need, do register a complaint and the resources which you maintain will be helpful.
The most important thing in sexual harassment is the victim must never blame herself or swallow the harassment.
What Action can be taken against the offender?
ICC is deemed to an inquiry authority as per the rules of posh act 2013. ICC is supposed to do an enquiry and document, incase if it’s proved if the offender had indulged in sexual harassment at workplace proper disciplinary action can be taken against him by ICC.
If such conduct amounts to a particular offence under the Indian penal code or under any other law, ICC can file a complaint with the suitable author for necessary action in accordance with the law.
Proper care to be taken by ICC in ensuring the complainant, witnesses and others are not victimized or retaliated.