CONCLUSION AND SUGGESTION(CHAPTER-7)
Wrtitten by -Shalini Bishi
TESTING OF HYPOTHESIS
HYPOTHESIS- 1
Based on available data and analysis, it can be concluded that the existing legislation to protect
women in India faces significant challenges in implementation. Despite the presence of laws
such as the Protection of Women from Domestic Violence Act and the Sexual Harassment of
Women at Workplace Act, there are notable gaps in enforcement and accessibility. Factors
contributing to this include insufficient resources, cultural barriers, lack of awareness, and
challenges within the legal system. As a result, many women continue to experience violations of
their rights without adequate recourse or protection under the law.
HYPOTHESIS- 2
Patriarchal conditions, socio-cultural attitude, economic dependence of women and obscene
reasons for sexual harassment of women at workplace proyection of women in media are the
main sexual harassment of women is a very crucial issue now a days There are so many factors
responsible for the menance of sexual harassment in our society. The researcher has explained
the pothesis-1 in the chapter-(11) of the research work, the heading is entitled as "The concept of
Sexual Hassment and Historical Backgrounder the researcher has discussed the main reasons for
sexual Hasment of women at work place under the two heads in this chapter These are the Social
Factors other factors. It has come to light from the above discussions and the doctrinal study that
the above hypothesis has been proved.
CONCLUSION
The problem of sexual harassment is not new. In fact generations of women have suffered
unwanted sexual attention. But it is only in the last 20 years that this conduct has been given
name. This is a sex discrimination issue since a person is targeted for harassment because of her
sex. There is a popular myth that any kind of sexual violence should involve visible proof and thus we have neglected some other non visual forms of sexual violence such as sexual innuendo
remarks etc.
Sexuality at the workplace is a unseen menace Sexuality has probably always been present at
work, although it has been practically invisible Presumably, in the past, people though such
activities were relatively infrequent and, when they did occur, had only minor repercussion bath
for individuals involved and for the organisation where they worked. In the male dominate world
of work, the women is viewed as sexual Her presence elicits the expression of sexuality issue of
sexuality in the workplace became visible and was brought to public attention in the form of
sexual harassment.
Sexual harassment at the workplace is a severe and pervasive problem that takes an enormous
toll on the physical and mental well-being of victims. Not only does such harassment have a
direct effect on the working conditions and emotional health of the victim, it also undermines
work performance Thus, conduct that constitutes sexual harassment may create a health and
safety problem .
Sexual harassment can be said to be an unwanted conduct of a sexual nature, which can take
form of either quid pro quo harassment (something for something or something in return) or
hostile working environment. In quid pro quo harassment generally, a job related condition like
promotion, transfer, confirmation etc is made conditional on the assent of the concerned women
for fulfilment of a sexual favour. Unlike this direct kind of harassment, creation of a hostile
working environment is more prevalent from of harassment, it relates to a situation where no
direct sexual favour is asked or hinted but hostile work environment is created by various things
like, display of obscene graffiti or passing of sexual innuendoes, jokes or comments or physical
touches etc.
The constitution of India guarantees a dignified status to every woman. Fundamental rights are
of sufficient amplitude to encompass guarantees against any kind of abuse, including sexual
harassment of women at workplace Article 14 guarantees equal status to women Article 15(3)
empowers the State to make special provisions for the protection of women. It lays down the
concept of protective discrimination. Article16(3) provides for equality of opportunity in the
matter of employment. Thus Article 14,15, and 16 talk about equality is seriously prejudiced when working women are subjected to acts of sexual harassment. Further Article 19(1)(g)
provides for freedom of profession. Such freedom can only be exercised properly when a
working women gets an environment free of harassment.
The Supreme Court of India in a landmark judgment Vishaka v. State of Rajasthan has defined
the term sexual harassment. The Supreme Court relied on International Convention, particularly
General Recommendation No. 23 of CEDAW Committee under Article 11 and.
formulated the following definition Sexual Harassment includes such unwelcome sexually
determined behaviour, whether directly or by implication, as under-
a- Physical contract and advances
b- A demand or request of sexual favours
c- Showing pornography
d- Sexually coloured remarks
e- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
The Indian court first time defined the term sexual harassment in formal legal sense by the
Supreme Court in Vishaka v. State of Rajasthan in 1997 Before this case the Supreme Court in
Rupen deol Bajaj v Kanwar Pal Singh Gill recognised sexual harassment as a crime falling
under section354 of Indian Penal Code, 1860 The term outraging the modesty of a woman is
interpreted by Supreme Court and held that it include outraging the dignity of woman. In Saudi
Arabian Airlines v Shehnaz, the Bombay High Court recognised that dismissal of a woman
worker following a complaint of sexual harassment was an unfair labour practice and illegal, and
reinstated the woman who had been dismissed The Supreme Court after analysing the many
number of outrages regarding sexual harassment of working women and the appalling paucity of
legislative responses to such acts and after relying upon the ratification by India of the United
Nations convention on Elimination of All Forms of Discrimination Against Women, took a long
awaited step and created a binding and enforceable set of guidelines designed to eradicate sexual
harassment of women at workplace. This is the court did on the premise that is the event of a
vaccum in domestic law and where there is no conflict between international law and domestic aw, international law can be invoked as the law of land. This comes to be known as Vishaka's
guidelines. The Supreme Court held that until the legislature passed a particular law on sexual
harassment at workplace, the Vishaka guideline should be followed. The guidelines of Vishaka's
case first time laid down in the Apparel Export Promotion Council v AK Chopra Between
1997 to 2013, many Bill laid down before parliament for working women's rights. There have
been numerous campaigns and legal decision against sexual harassment, most recommending
reform of the law The Vishaka judgment has been an important legal event, making the judicial
activism in the arena of gender justice Finally in 2013, the parliament passed an enactment. This
is known as "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013". This enactment unambiguously applies to the private sector in
employment The definition given under the 2013 Act, is same as given by Supreme Court in
Vishaka Case. For the first time an enforceable remedy has been created against private sector
employees under the 2013 Act, which places an obligation on every employer of a workplace, to
constitute, a committee to be known as the Internal Complaints Committee Failure to do is an
offence. The 2013 Act, therefore, has the potential to provide a redressal mechanism to working
women across the economic and social divide, including those who were previously unprotected
by Vishaka guidelines, such as agricultural workers and women in rural areas. Neither Vishaka
nor any of the judicial precedents which followed have ever discussed laying down any period of
limitation for filing complaints of sexual harassment at the workplace, but the 2013 Act, laid
down three months period of limitation which is extendable to a maximum of six monthsUntil
such time, the 2013 Act must be construed to being limited to women in
employmentrelationships, thereby leaving intact all other regulatory regimes in place where the
Vishaka judgmentmust be held to have full force and effect.
SUGGESTIONS
Sexual Harassment of women at workplace is a serious menace which needs to be eradicated
from the workplaces so that women will feel free and focuses on the work productivity. The
Researcher discussed all the relevant issues regarding the concept of Sexual Harassment, its
meaning. constitutional framework, legislative framework, recent judicial trends, and preventive
policies regarding the same. After having a thorough reading to all these things, the research came out with some valuable suggestions The following are some suggestions to combat and
prevent the Sexual Harassment of Women at Workplace -
• There should be strict implementation of the provisions of Sexual Harassment of Women
at Workplace Act, 2013 and also effective monitoring of the preventive policies against
Sexual Harassment.
• A proper check on the working of Complaints Committee by the State Government so as
to raise the accountability of the Act.
• The offences like Cyber Bullying, online sexual harassment are also to be made part of
the Act so that the victim of such offences also gets a proper mechanism of redressal,
other than a criminal action.
• The Act should be made gender neutral so that men who are harassed or same-sex
harassment are also to be benefited through these legislations.
• The Act should also cover the women in armed forces and agricultural sector so that they
will also be protected through a specific legislation.
• Some kind of penalty must also be inflicted on the wrongdoer in the Act, to prevent its
misuse.
• The Act should also not be kept outside the purview of RTI Act, 2005 so that the success
rate of the enactment is checked or we can say that transparency and openness is
maintained in the functioning of the Act.
• In the constitution of the Complaints Committee, the requirement of a member having
legal background should be made obligatory so that the powers of a Civil Court are exercised according to the law.The term "unwelcome conduct" used in the definition of
the Sexual Harassment should be made certain and specific. The ambiguity in the words
is often misused by the notorious female worker.
• The responsibility of the employer should also be fixed so that he is not to be
unnecessarily harassed by exaggerating the ambit of "workplace".
• The terms used in Section 3 "implied or explicit threat about her present or future
employment status" and "interferes with her work or creating an intimidating work
environment for her" is not clear and specific. They can be easily misused by notorious
female worker. So, they should be made certain.
• A proper database should be maintained by the employer and submit that to the
appropriate government timely.
• State Government should also take the initiative of checking the implementation of the
Act in various organizations, Institutions or workplace through survey etc.
• CCTV Cameras should be installed at workplaces so that it may be convenient for the
victim to prove her claim.
• The Sexual Harassment Policy, which is maintained by the employer, shall be changed
according to the changing demands of workplace environment.
• There should be proper preventive policies made by the employer and strict adherence to
them so that such offences don't destroys the healthy working environment.
• The schemes like One Stop Centre, She Box are to be observed by respective govt. in
strict sense so that the benefits of such schemes are given to the victim.
BIBLIOGRAPHY
BOOKS
1) Amish Tandon, Law of Sexual Harassment at Workplace 2017, Niyogi Books
2) Ritu Gupta, Sexual Harassment at Workplace, Lexis Nexis, 2014.
3) Dr. Reena Chaudhary, Sexual Harassment threat to working women, 2011, Deep & Deep
Publications Pvt. Ltd
4) Dr. Swarmlata Sharma, "Gender Discrimination and Human Rights", K.K. Publications,
2000 Margaret S Stockdale (Ed), "Sexual Harassment in the Workplace", Sage
Publications, Vol V. 1996
REPORTS
1) UN Report of the Special Rapporteur on "Violence against Women, its causes and
consequences", Ms RadhikaCoormaraswamy, 1979, p.11
2) ILO. Conditions on work Digest, Vol 11 1/1992, "Combating Sexual Harassment at
Workplace"
3) Report of forum against oppression of Women (1991) Report by Gender Study Group on
Sexual Harassment in Delhi University(1996)
4) Saheli Report, Another Occupational Hazard: Sexual Harassment and the working
women, 1998 Delhi
ARTICLES
1) Oversier, N (2010) Sexual Harassment and Consensual flirting The Firm Video Review,
CNBC-
2) Chevalwala, A. (2012) fighting Sexual Harassment at Work, Mumbai Mirror.
STATUTES
1) The Constitution of India, 1950
2) Indian Penal Code, 1860
3) Criminal Procedure Code, 1973
4) Revenue Recovery Act, 1890
5) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Rules, 2013 Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
6) Criminal Law (Amendments), Act 2013
7) INTERNATIONAL CONVENTIONS Universal Declaration of Human Right, 1948
8) The International Covenant on Civil and Political Rights, 1966
9) International Covenant on Economic Social and Cultural Right, 1966
10) Beijing Declaration, 1995
11) Convention on the Political Rights of Women, 1954 Declaration on Elimination of
Violence Against Women, 1993
12) Convention on Elimination of All Forms of Discrimination Against Women, 1979
WEBSITES
1) http:/libguides.usc.edu/content/php3 pid-83009
2) www.employment.findlaw.com
3) www.ncw.gov.in
4) www.ncrb.gov.in
5) www.newindiaexpress.com/nation
6) www.ndtv.com
7) www.googleweblight.com
8) www.livemint.com
9) www.livelaw.com
10) www.indiakanoon.org
NEWS PAPERS
1) The Hindu
2) Times of India
3) Hindustan Times
4) Dainik Bhaskar
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