On 13th Aug 1997, the Supreme Court of India issued a landmark judgment , popularly known as Vishaka judgement that recognised and addressed sexual harassment at the workplace as a human rights violation. The supreme court in its judgement said every women has a right to a safe workplace. The court gave directives for all employers/organisations making it mandatory to institute sexual harassment complaints committees at workplaces. The judgement also created sexual harassment prevention guidelines for the workplace.
Our work on sexual harassment at workplace
In 1999, HHS undertook a study on The study enquired into the prevalence of sexual harassment and redressal mechanisms the workplaces have already in place. The study was done in collaboration with SAKSHI, an organization in Delhi. Following the study, HHS began to actively campaign on sexual harassment at the workplace. This work grew from our campaign against sexual harassment in public places, which was also the focus of the initial initiatives of the communication cell.
We also began actively advocating the setting up of Sexual Harassment Committees and training committee members and employees on the issue as well as the Vishaka guidelines. Apart from training we also began facilitating and working with organisations to set up Sexual Harassment Committees.
Sexual harassment complaints committes: We have helped set up 30 sexual harassment committees and are a part of 12 of these committees, which includes state and central government departments and private institutions. We have offered training programs for committee members, employees from govt departments, educational insitutions, banks, corporates and other private institutions.
We also help workplaces to frame their sexual harassment policy at the workplace.
Q. What is sexual harassment?
A. It is any unwelcome words or actions of sexual nature.
Instances where:
- In the absence of sexual favours, a contractor denies payment of wages,
- Pornographic picture are left on desks or displayed at the workplace,
- Remarks are made about women's personal appearance and dress,
A colleague tells off-coloured jokes in the office that makes women feel uncomfortable, constitute sexual harassment.
Q. Why should I know about sexual harassment?
A. Because it is unprofessional and illegal. It can happen to you or anywhere around you.
Women face sexual harassment irrespective of the work they do, whether they are doctors, architects, domestic workers or teachers. In the cities and villages. Though the number of women in workforce is rising, there is little or no change in attitudes towards women in the family and community. The risk of women at work, being victims of sexual harassment from superiors or colleagues is endless. It is offensive and controlling. So, all women have good reason to be concerned about sexual conduct at work.
Because of myths and stereotypes women's ability to recognise and deal with sexual harassment has been restricted. Physical touch, suggestive language and subtle advances, have often been viewed as "normal". A victim of sexual harassment has much more than her bodily integrity to protect: her livelihood and reputation are at stake.
Myths & Facts
Myth: It is inevitable that women who go out for work will face sexual harassment.
Fact: Women have a right to safe, violence free working environment.
Myth: Only those women who dress provocatively get sexually harassed.
Fact: Women get sexually harassed irrespective of their dress and age.
Myth: Only lower class women are victims of sexual harassment.
Fact: Women of all classes get sexually harassed.
Myth: Women invite sexual harassment.
Fact: Most women are humiliated angry and frightened by sexual harassment.
Myth: Women make false complaints.
Fact: Most women are hesitant even to speak of their experience and lodge complaints let alone make false complaints.
Myth: Women cannot object to "friendly" behavior in workplaces. It is normal.
Fact: Friendly behavior unwelcome to women is sexual harassment.
Q. What is a workplace?
A. Any place where the working relation exists. It can be office, factory, schools, colleges or houses.
Q. Who is a worker?
A. Anyone who is paid a salary, wage, honorarium or is a voluntary worker with no payment.
All government and private sector organisations, hospitals, universities and unorganized sector are workplaces. All employers or heads of institutions are to institute specific conduct rules and preventive measures to eliminate sexual harassment.
Guidelines On Prevention of Sexual Harassment
The guidelines suggest both preventive and remedial measures:
The employers should
- Set up a Sexual Harassment Complaints Committee which
- is headed by a woman
- has a minimum of 50% women members
- has at least one outside member who is familiar with the issue.
2. Make the employees aware by
- widely publicising the guidelines
- awareness workshops
- members' name and addresses prominently displayed.
3. Amend conduct rules of the institution to prohibit sexual harassment.
4. Ensure that no employee, espcieally women employees have any grounds to believe that she/he is disadvantaged in connection with the employment if she complains about sexual harassment.
File a formal complaint. In the meantime:
- Demand setting up the sexual harassment complaints committee whether there are formal complaints or not.
- Record your experiences. Maintain a diary.
- Talk to others. You may not be the only one who is being harassed.
- Take help of your friends and colleagues. Have a witness to a situation where you are being sexually harassed.
You can get in touch with HHS for:
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seeking information on setting up of SH committee
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referral and counselling.
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creating awareness regarding working women's rights.
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