Sexual harassment of women at workplace

This is the most ironical situation in our country ,where the

constitution preamble itself talks about the equality and liberty.
In Despite of so many strict and stringent legislation for the
safety of women to curb the vulnerable and deteriorating
condition, the cases related to violence against women ,
outraging her modesty ,sexual harassment , rape etc. are
increasing day by day at a very high pace .
In order to prevent workplace sexual harassment from
becoming the norm, it is important to understand what amount
to sexual harassment as well as redressals available under law to
deal with issues of sexual harassment of women at work place.
What is sexual harrasment
According to the sexual harassment of women at workplace (
prevention , prohibition and redressal )act ,2013, any of the
following circumstances ,if it occurs or is present in relation to or
connected with any act or behavior of sexual harassment may
amount to sexual harassment :
1. Implied or explicit promise of preferential treatment in her
employment .
2. Implied or explicit threat of detrimental treatment in her
employment .
 3. Interferes with her work or creating an intimidating or
offensive or hostile work environment for her .
4. Humiliating treatment likely to affect her health or safety.
5. Unwelcome sexually determined behavior includes
 Physical contact
 Demand or request for sexual favors.
 Sexually coloured remarks
 Showing pornography
 Any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.

Forms of sexual harrasment

Basically, there are two forms of sexual harassment :
1.Quid pro quo ( literally means ‘this for that’)- Implied or explicit
promise of preferential treatment in employment or threat
about her present or future employment status
2.Hostile work environment – Creating an offensive work
environment which likely to affect her health and safety.
Landmark cases
As there are many judgements for sexual harassment but the
landmark case was Vishakha Singh v. State of Rajasthan
(1997)where court had issued many guidelines for the
prevention of the sexual harassment of women at work place not
only in constitution but also UN Convention on the elimination
of all forms of discrimination against women(CEDAW). Some of
these guidelines are:
 It’s the duty of employer to prescribe for procedures and
norms to prevent women from such kind of detrimental
behaviors.
 Formation of complainant committee at all workplaces.
 Such committee has to be headed by a woman employee
only and should have NGO or third party participation.
 All complaints regarding sexual harassment of a woman
employee should be appropriately initiated by employers
an accordance with the concerned law .
 The committee would advise and recommend to the victim
for the further course of action.

In Mathura rape case which is the incident of custodial rape , a

young tribal girl named Mathura was raped by two policemen .
In that case the Bombay high court said that there is a difference
between consent and passive submission .
“ Mere passive or helpless surrender of the body and its
resignatess to the other’s lust induced by threats or fear cannot
be equated with the desire or will , nor can furnish an answer by
the mere fact that the sexual act was not in opposition to such
desire or volition”
Redressal to sexual harrasment
Late Chief Justice J.S. Verma , Justice Verma Committee Report ,
2013 said that “the time has come when women must be able to
feel liberated and emancipated from what could be
fundamentally oppressive conditions against which an
autonomous choice of freedom can be exercised and made
available by women . This is sexual autonomy in the fullest
degree”.