Sexual Harassment at Workplace: Revisited

Abstract

The problem of sexual harassment is not new to India. Sexual harassment is a behaviour with a sexual connotation that is abusive, injurious and unwelcome. It places the victim in an environment of intimidation, humiliation and hostility. Sexual harassment is extremely widespread and can be highly damaging and distressful for women especially at workplace. Sexual harassment cases have made news headlines in nation with the Supreme Court coming up with Vishaka guidelines and State as a custodian of the Constitution bringing in the Sexual Harassment of Women at Workplace Act, 2013, on one side while harassers continuing with their ‘acts and advances ’on the other. Along with the introduction of the Act, relevant changes were introduced in Criminal Procedure Code and Indian Penal Code through Criminal Law Amendment Act, 2013 to widen the scope of punishment of offence of sexual harassment. The Sexual Harassment of Women at Workplace Act, 2013 further clarified organisations that were included within the scope of the Act as well as provided for time bound and speedy enquiry provisions. The rules that came on 9 December, 2013 gave clarity regarding the manner in which complaints had to be filed, constitution of Internal Complaints Committee (ICC) and its role & powers and people who were competent to be members of ICC. Also, Act provided for time frame within which enquiry report had to be handed over along with the time limit within which enquiry report had to be implemented by the employer. Sexual harassment takes place in a relationship when such relationship is unequal in power, and abuse of such power is done by the superior employee with the subordinate who becomes victim. Human resource (HR) professionals need to play a key role, first, to create an environment where healthy relationship may be maintained between superior males and subordinate female's, and second, to create retaliation free work environment in organisations when such complaints are made. The paper discusses the recently constituted Act, Amendments made as well as relevant case laws along with the role that HR professionals need to play to ensure creation of gender sensitisation within the organisation, zero tolerance towards sexual harassment reporting and creation of a healthy, positive and hostile free work environment.