Workplace Sexual Harassment Laws in India

A Historical Perspective: Case of 1994

Women remain highly vulnerable in workplaces. Co-workers and superiors often harass them sexually, exploiting their need to earn. Earlier, India had no civil or penal laws to stop such acts, so perpetrators acted freely without fear.

However, in 1994, the Supreme Court passed a landmark judgment in Vishaka vs. State of Rajasthan. It laid down guidelines for establishments to handle complaints and restrict sexual harassment at workplaces.

Constitutional Safeguards: Upholding Women’s Rights

Sexual harassment violates women’s rights to equality and dignity under Articles 14, 15, 21, and 19(1)(g) of the Indian Constitution. According to the “equal employment opportunity commission” sexual harassment includes unwelcome sexual advances, harassment of sexual nature in the workplace or learning environment.

Here are the guidelines described by the Supreme Court in the Vishaka Vs State of Rajasthan case.

1. Duty of Employer: It shall be duty of the employer or other responsible person at work place to prevent and deter the commission of acts of sexual harassment and to provide procedure for their resolution, settlement, or persecution of the such acts.
2. Preventive Steps: All employers should put in place preventive measures ensuring that appropriate work conditions are provided in respect of work, leisure, health, and hygiene. The rules and regulations of establishment must include prohibition of sexual harassment and penalties in case of contravention. This must be notified, published and circulated in appropriate ways.
3. Criminal Proceedings: Such conduct amounts to specific offence under any law in force in India, shall initiate appropriate action in accordance with law by the employer. Disciplinary action should also follow against the perpetrators.
4. Complaint Mechanism: The employer must constitute a complaint committee comprising a head being a woman and not less than half of its members should be women to deal with complaints of sexual harassment in a time bound proceedings and disposal.
5. Third Party Harassment: When a third Party i.e. an outsider commits an act or omission resulting in sexual harassment, the employer or in charge shall take all steps to assist the affected person in terms of support and preventive action.

Legal Framework: The 2013 Act

In 2013, Indian legislatures enacted the “Sexual Harassment of Women at Workplace Act” to protect women against harassment and ensure prevention and redressal.

This Act applies to all of India, covering both organized and unorganized sectors. It states that sexual harassment of women at workplaces infringes Articles 14, 15, 21, and 19(1)(g) of the Constitution. The act does not remain gender-neutral; it protects only women workers.

It lays down the following unwelcome acts as sexual harassment:

1. Physical contacts and advances
2. A demand or request for sexual favours
3. Making sexually colored remarks
4. Showing pornographic films
5. Any other unwelcome gesture

Section 3(1) of the Act clearly prohibits sexual harassment of women at workplaces. If it occurs, the woman should file a written complaint under Section 9 to the complaint committee. If committee is not constituted then, must be constituted within 3 months of complaint. If perpetrator found guilty then dealt under Indian Penal Code (IPC).

IPC Provisions Related to Sexual Harassment

The Indian Penal Code (IPC) describes various conduct that may amount to sexual harassment and treats them as offences punishable by law.

Section 354 A defines sexual harassment as an unwelcome act, punishable under IPC. In 354 B, assault or use of criminal force with intent to disrobe a woman is a punishable offence. Meanwhile, 354 C addresses voyeurism, where watching or capturing a woman’s private act without consent is a criminal offence.
Under Section 354 D, stalking includes following a woman and repeatedly attempting contact despite clear disinterest, or monitoring her online activities, both punishable under IPC.

Section 509: Any man uttering any word or making any gesture intended to insult the modesty of a woman or intrudes her privacy, commits an offence punishable under IPC.

Empowering Women: Unity as the Shield

Unity among women is the most formidable protection against sexual harassment. When women stand together against perpetrators, employers are compelled to take stringent action.

Once the committee finds a perpetrator guilty, the employer must file a First Information Report (FIR) under the IPC to initiate criminal proceedings. Additionally, the employer must take departmental action. If the employer fails to act, the victim can file the FIR directly.

All these laws remain ineffective if women stay silent instead of standing up against such acts. The time to tolerate this behavior has passed. Society now supports women who take legal action to fight these atrocities.

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