Violence, subjugation etc are different forms in which patriarchy manifests itself in the society. It’s not very uncommon to find the incidents of domestic violence, rape, abudction, and many other crimes against women in the news daily. This is not only confined to the private sphere, but has its imprints in the public sphere, such as the workplace, as well. Sexual harassment of women at the workplace is one form of manifestation of the patriarchal nature of society. From startups to MNCs, the media industry to civil society organizations, each industry has had challenges to building a safe working environment for women and other gender minorities.
The argument is not devoid of evidences as the landmark Supreme Court judgment, known as Vishakha Guidelines, which became basis for enactment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013, was itself given after the Bhanwari Devi incident in 1992, in Rajasthan. It is unfortunate but true that the sufferings of Bhavanri Devi and many others (which might have even gone unreported) brought the “absence of any domestic law to check the evils of sexual harassment of women at workplace”, to the attention of the government and the court. After the case, the court recognized that sexual harassment of women at the workplace violates their fundamental rights under Articles 14, 15, 19, and 21.
As per the act, definition of sexual harassment is “any unwelcome acts or behavior (whether directly or by implication) such as physical contact and advances, demand or request for sexual favors, making sexually colored remarks, showing pornography or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.”
The International Labor Organization (ILO) says that sexual harassment at workplace might include “sexual assaults, sexual blackmail, sexual advances, sex-based comments, disparaging remarks about the sex of the target, innuendos, the display of sexually suggestive or explicit material, etc. It can be committed by a coworker (which is horizontal violence), by a supervisor (vertical violence) or by a client/ customer (third party violence)”.
Mandate for organizations under the PoSH Act-
The PoSH act demands to set up an Internal Complaints Committee (ICC) in any organization having more than 10 workers, to deal with such cases. But in many cases women either do not know how to report the case or they might not be willing to report due to fear of retaliation and defamation, especially when the perpetrator is a senior. At times this harassment becomes so frequent at the workplace that it becomes normalized, part of daily work life and people stop questioning it. This is what makes it even more dangerous.
The impact of such incidents can be grave on the life of the victim; it may affect their mental health, self-esteem, dignity and work situations. Not just victims, workplace violence and harassment may affect the mental health conditions of witnesses and colleagues as well. In such cases an organization should take steps such as having a more active ICC, have regular conversations on safety and sensitization of employees, inform people of the bystander interventions, etc.
Gender Minorites and Workplace Harassment
Women are always at the higher risk of facing violence and harassment compared to their male counterparts in the world of work but this does not mean that it is impossible for males to be sexually harassed. As we are moving towards more inclusiveness in the private and public spheres, different gender identities have openly shared their identity or have joined the workforce which indeed is a good step. But at the same time, their vulnerable position in society compounded by the absence of any concrete domestic law to prevent their sexual harassment at the workplace increases manifold the chances of them being harassed.
As per the Survey conducted by the Guardian, nearly 70% of LGBT people reported sexual harassment at work. The aim of the PoSH act is to prevent and protect women from sexual harassment at the work place; it is currently silent on the issue of harassment of other gender identities. This where organizations can step in to create not only gender neutral policies but focus on their implementation as well.
Gender neutral PoSH policies and a well trained ICC on gender issue prepares the workplace for gender inclusion. Organizations can also build awareness through sensitization sessions, gender neutral internal communication, job-descriptions and infrastructural facilities.
The multiple business cases for diversity shows evidence of a better bottom line. But diversity cannot co-exist without inclusion and equity. Proper and consistent implementation of safety laws especially the PoSH Act allow for a safe working environment of the employee but also for the growth of the organization.
References
Hussain, S. (2017, March 16). India’s History Of Sexual Harassment At Workplaces Via 6 Major Cases. Homegrown. Retrieved April 4, 2022, from
https://homegrown.co.in/article/800748/india-s-history-of-sexual-harassment-at-workplac es-via-6-major-cases
Junaid, F. (2020, September 23). How does the Transgender Act impact the Indian Workplace? – Serein — Serein. Serein. Retrieved April 6, 2022, from
https://www.serein.in/legal-insights/2020/9/23/the-transgender-persons-act-in-the-indian workplace
Safe and healthy working environments free from violence and harassment. (n.d.). ILO. Retrieved April 7, 2022, from
https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—safework/document s/publication/wcms_751838.pdf
Sexual Harassment of women at work. (n.d.). Legal Services India. Retrieved April 7, 2022, from http://www.legalservicesindia.com/article/1905/sexual-harassment-of-women-at-work.ht ml
Perraudin, Frances. “Survey finds 70% of LGBT people sexually harassed at work.” The Guardian, 16 May 2019, https://www.theguardian.com/uk-news/2019/may/17/survey-finds-70-of-lgbt-people-sexually-harassed-at-work. Accessed 15 April 2022.
