*Dr. Prerna Kohli
Sexual Harassment
at workplace is a violation of women’s right to gender equality, life
and liberty. It creates an insecure and hostile work environment, which
discourages women’s participation in work, thereby adversely affecting
their economic empowerment and the goal of inclusive growth. Sexual
harassment has a demoralizing effect on women and they feel objectified
and stop asserting. Sexually harassed women suffer from simple
irritation to headache, weight loss or gain, nausea, lowered self-esteem
to deep rooted anxiety. Thus, sexual harassment has a major impact on
the mental and emotional well-being of women.
Sexual harassment
is best explained as: “bullying or coercion of a sexual nature or an
unwelcome or inappropriate promise of rewards in exchange for sexual
favours”.
Some of the
psychologically damaging effects of sexual harassment at work include
long term depression and Post traumatic stress disorder which includes
re-experiencing the trauma, and avoiding people or things that may
remind the victim of the harassment. Research shows that sexually
harassed women withdraw socially, and are not able to function in their
day to day social setting. The feeling of shame, stigma and humiliation
attached to the experiences make them socially very vulnerable. Sexual
harassment is being linked to sleep disorders which may be due to the
stress and anxiety of the event that affect the sleep habit. As
indicated by some studies, in some extreme cases, women who have
experienced frequent unwanted sexual harassment have attempted to commit
suicide out of desperation for not being able to address, voice or
avoid the harassment.
The Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 focuses on prevention
of sexual harassment at workplace and provides a redressal mechanism.
The Act has been highlighted over the last year due to the efforts of
the Government to ensure its enforcement.
The
Act upholds women’s fundamental rights to equality, right to live with
dignity and right to practice any profession or to carry on any
occupation, trade or business which includes a right to a safe working
environment, free from sexual harassment as provided under Article 19
(1) (g) of the Indian Constitution.
In order to further
mainstream the issue and to help organizations to standardize their
response mechanisms, Ministry of Women and Child Development, Government
of India has recently published a Handbook on the Act. The Handbook can
be downloaded at
http://wcd.nic.in/sites/default/files/Handbook%20on%20Sexual%20Harassment%20of%20Women%20at%20Workplace.pdf. The booklet has
been sent to all Central Government Ministries/Departments, State
Governments and Business Chambers for use as ready reckoner.
The Ministries/
Departments in Government of India have been advised by WCD Ministry to
ensure the compliance of the Act. The Associated Chambers of Commerce
& Industry of India (ASSOCHAM), Federation of Indian Chambers of
Commerce and Industry (FICCI), Confederation of India Industry, Chamber
of Commerce and Industry (CCI) and National Association of Software and
Services Companies (NASSCOM) have also been requested to ensure
effective implementation of the Act amongst their members in private
sector entities.
The Women &
Child Development Ministry is also trying to mandate the disclosure of
the constitution of the Internal Complaints Committee(ICC) in the Annual
Reports of the Companies.
The above mentioned
Act covers all women, irrespective of their age or employment status
and protect them against sexual harassment at all workplaces both in
public and private sector, whether organized or unorganized. The
domestic workers are also included under the ambit of the Act. The Act
defines “sexual harassment at the workplace” in a comprehensive manner
and casts
an obligation upon all the organizations (whether private or public
sector) having 10 or more workers to constitute Internal Complaints
Committee (ICC) for receiving complaints of sexual harassment.
A complaint of
sexual harassment can be filed within a time limit of 3 months which can
be extended in certain situations. Employers are required to organize
workshops and awareness programmes at regular intervals for sensitizing
the employees about the provision of this legislation and display
notices regarding the constitution of Internal Committee and penal
consequences of sexual harassment etc.
It is
the responsibility of the Appropriate Government (Central Government,
State Government or Union Territory Administration) to monitor the
implementation of the Act and
to maintain data on the number of cases filed and disposed of in
respect of all cases of sexual harassment at the workplace. The Act authorizes the Appropriate Government to make inspection of the records and workplace in relation to sexual harassment.
Section 26(1) of
the Act states that an employer will be liable to a fine of Rs 50,000/-
in case of violation of his duties under the Act and in case of
subsequent violation, the amount of fine will be doubled together with
penalty in the form of cancellation of his licence or withdrawal or
non-renewal of the registration required for carrying out his activity.
It is the obligation of each employer to ensure that the work place is
free of sexual harassment for all. Each one of us has to work towards
empowering women by making them aware of their basic rights about sexual
harassment at the work place. Let India be a Safe India where women
can work fearlessly and with dignity.
Source:-PIB
*Dr. Prerna Kohli, PhD, is a Clinical Psychologist. The views expressed are personnel
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