SEXUAL HARASSMENT OF WOMEN AT WORKPLACE IN INDIA: A CRITICAL STUDY(CHAPTER -1)
Research person- Shalini Bishi
INTRODUCTION
“Woman is the companion of man, gifted with equal mental capacities. She has the right to
participate in the minutest details in the activities of man, and she has an equal right of
freedom and liberty with him. She is entitled to a supreme place in her own sphere of
activity as man is in his. This ought to be the natural condition of things and not as a result
only of learning to read and write. By sheer force of a vicious custom, even the most
ignorant and worthless men have been enjoying a superiority over woman which they do
not deserve and ought not to have. Many of our movements stop halfway because of the
condition of our women.”
-Mahatma Gandhi
This view of the Father of our Nation clearly places the pathetic condition of Indian women
under which they survive. From time immemorial, our society has been male dominated with
women relegated to the background and their rights trampled upon. As far as India is concerned,
the irony is in fact that in our country where women are worshipped as ‘Shakthi’, she is being
looked down as commodity or as a slave.
She is not only robbed of her dignity and pride outside her house but also ill treated and
subjected to atrocities within the four walls of her house. They are considered as objects of male
sexual enjoyment and reproduction of children. They are the real ‘Dalits’ (downtrodden) of the
society. They are discriminated at two levels, firstly they suffer because of their gender secondly
due to grinding poverty1 Women constitute about one-half of the global population but they are
placed at various disadvantageous positions due to gender difference and bias. They have been
the victims of violence and exploitation by the male dominated society all over the world.
In India, ours is a tradition bound society where women have been socially, economically,
physically, psychologically and sexually exploited from time immemorial, sometimes in the name of religion, sometimes on the pretext of writings in the scriptures and sometimes by the
social sanctions.
The concept of equality between male and female was almost unknown to us before the
enactment of the Constitution of India. The Preamble of the Constitution, which is the Supreme
Law of the land, seeks to secure to its citizens including women folk, justice- social economic
and political; liberties of thought, expression, belief, faith and worship, equality of status and
opportunity and to promote fraternity assuring the dignity of the individual.3
Is it not ironical that when Indian mythology places women on a very high pedestal and they are
worshipped and honoured as Goddess of Learning Saraswathi; of wealth Lakshmi; of power
Parvathi. However, double standards are adopted in case of guaranteed fundamental rights are
concerned.
There has been over the decades an alarming decline in moral values all around and that today is
great challenge which we face particularly in our country. In the name of progress and
advancement, we are loosing out on our moral values. It is rather sad that while we keep
celebrating women’s rights in all spheres, we show no concern for her honour and her dignity. It
is a sorry reflection on the attitude of indifference of the society.4
Late Prime Minister Mrs. Indira Gandhi, in a message to United Nations Women’s Conference
in Mexico on 26th June, 1975 had stated that “a lower status and lesser opportunity for women
hampers the growth of human race as a whole”5. This generalization underlines the need for their
emancipation and better facilities for the growth and development of their personality in full
measure.
Indian women embody a rich tapestry of diversity, resilience, and strength. From the bustling
streets of urban centers to the serene villages dotting the countryside, women in India navigate a
complex blend of tradition and modernity. In familial settings, they often serve as pillars of
support, balancing household responsibilities with aspirations for personal growth and
fulfillment. In professional spheres, Indian women are making significant strides, breaking
barriers in fields traditionally dominated by men, such as technology, finance, and politics.
However, they also face persistent challenges, including gender-based violence, limited access to
education and healthcare, and societal expectations. Despite these obstacles, Indian women
persevere, harnessing their intellect, creativity, and determination to carve out paths of success
and empowerment. Through their endeavors, they not only shape their own destinies but also
contribute to the ongoing evolution of Indian society, inspiring future generations to strive for
equality and justice.
In India, women have played pivotal roles throughout history, shaping cultural, social, and
political landscapes. Despite facing challenges, their resilience and determination have
contributed significantly to the nation's progress. From leaders like Indira Gandhi to icons like
Mother Teresa, Indian women continue to inspire and break barriers in various fields, advocating
for gender equality and empowerment.
Certainly! In India, women's roles are multifaceted, spanning from nurturing families to
excelling in professions, academia, and governance. Overcoming historical inequalities, Indian
women are increasingly asserting their rights, advocating for change, and challenging traditional
norms. From grassroots movements to international platforms, they are driving conversations on
gender equality, education, health, and economic empowerment. Despite ongoing challenges,
their contributions continue to shape India's trajectory towards a more inclusive and equitable
BACKGROUND OF THE STUDY
Sexual harassment is an infringement of women‟s common liberty and an illicit typeof brutality
against women in numerous nations. Generally, a vital and horrendous part of sexual assaults on
women is said to be the way that the attack is by all accounts coordinated against the female
species all in all, and not against individual woman or even women of a sexually dynamic age.
The perspective on ladies as sexobject is excessively solid to the point that a female of all ages is
responsible to be exposed to sexual assault. It tends to be seen from different episodes across the
world that there is an inconceivably wide age scope of the victims of sexual savagery- from multi
month child to 83 year elderly person. The broad communication inclusions, or exceptionally
newspaper revealing, of instances of savagery against women has expanded in the course of the
most recent couple of years. This brings up a significant issue regarding whether this mirrors an
overall ascent in the episode of violations against women, or a more noteworthy public
mindfulness, and therefore, a more prominent media interest. Simultaneously, it actually stays
genuine that, of the absolute instances of savagery against women, just a division is accounted
for to the police, and once more, just a little proportion of these cases get media exposure, for the
most part contingent on their thrilling person. In our nation where by far most still lives in rustic
regions and is generally unskilled, savagery against women announced in the media to a great
extent covers the metropolitan populace and accordingly in exceptionally halfway. Women are
sexually irritated sometimes prior to there was a phrase for it. Women functioning in home have
been focuses on sexual maltreatment as well. Since industrialization, women functioning in
production lines and workplaces have needed to bear unwanted offensive remarks and requests
by supervisors and associates as the cost of monetary endurance. There are different kinds of
wrongdoing against women in the general public yet the most terrible one among them is the
unwanted sexual advances. A sexual exploitation/harassment is a social disgrace which is
expanding in number progressively.
Sexual exploitation/harassment is that social problem which has been perceived universally as
scary and the most abusing types of brutality since long. Sexual harassment is genuinely harmful,
creates an unfortunate and unproductive climate at workplaces. Sexual harassment regularly falls
under two classes, viz. “Quid pro quo and production of a hostile working environment.”
Under “Quid pro quo (this for that)” type of harassment an individual or authority, generally the
holder of predominant character over the victim, requests sexual blessings for providing or
keeping a line of work advantage or compromises the employee of dare outcomes, if the
conditions are not met. A “hostile work environment” emerges when an associate or director or
predominant character at work establishes such a work environment through verbal or actual lead.
that meddles with someone else's work execution or establishes the workplace environment as is
scary, hostile, embarrassing or experienced as an assault on close to home pride.
Sexual harassment harms the actual body as well as rips off the spirit of the woman. It has been
precisely said by Justice Arjit Pasayat, “While a murderer destroys the physical frame of a victim
where a rapist degrades and defiles the soul of helpless women.” There are different sorts of
sexual offences against women.
SCOPE OF THE STUDY
This exploration/ research concentrates on cover every one of the angles identified with sexual
harassment at work place in India. To get a comprehensive perception work is made to
concentrate on the “Sexual Harassment of Women at workplace (Prevention, Prohibition and
Redressal) Act, 2013” and its importance in the existing of Indian culture. This exploration
would cover the entire region which expresses the provisions made by governing body and legal
approach for understanding of these laws for the anticipation of unwanted sexual exploitation at
workplace. So with the assistance of different case laws, the researcher would dissect this
thought in Indian laws. perspectives on sexual harassment at workplace and also covered the
legislative frameworks of various countries.
AIMS/ OBJECTIVES OF THE STUDY
1) To understand various factors those are responsible for sexual harassment of women at
workplace.
2) To understand the efficacy of law relating to sexual harassment at workplace.
3) To understand the role of law at international level in controlling of sexual harassment of
women at workplace.
4) To understand the provisions related to sexual harassment at workplace among various
countries.
5) To understand the role of Judiciary in controlling of sexual harassment at workplace.
HYPOTHESIS
1- The existing legislation to protect women is not effectively implemented in India.
2- Patriarchal conditions , socio- cultural attitude , economic dependence of women and
obscence projection of women in media are reason for sexual haeassment of women at
workplace.
RESEARCH QUESTIONS
1) What causes are responsible for sexual harassment of women at workplace?
2) Whether the Indian Laws are sufficient for controlling the issue of sexual harassment of
women at workplace?
3) Whether the punishment system available in law is sufficient to curb the menace of sexual
harassment at workplace?
4) Whether the present role played by various international organisations is sufficient to control
sexual harassment of women at workplace?
5) Whether judicial response can control the crimes relating to sexual harassment
at workplace?
RESEARCH METHODOLOGY
The current research work is “doctrinal in nature.” Notwithstanding, helpful information has
been provided to make the postulation significant and sensible at whatever point needed since
work. This review depends on the „Doctrinal Research‟along these lines, essential and optional
sources have been utilized to reach at the unmistakable resolution by recommending different
measures. The current review is coordinated around legitimate propositions including to
examination the different authoritative provisions with uncommon reference to the “Sexual
Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.” The
current work additionally involves descriptive research techniques and understanding through
utilizing various wellsprings of material with the assistance of primary and secondary sources.
The research work based on constitutional provisions, Act and Statutes, Decisions of Supreme
Court and various High Courts along with cross cultural process on the issue of sexual
harassment at workplace. The primary sources like authoritative enactments, resolutions,
conventions, government orders, committee reports, reports from government authorities
including gazette notifications are the premise of the study.
The secondary data is gathered structure books identified with sexual harassment at workplace
from different University libraries including others publications, for example, Journals,
Magazines, Digests and different periodicals having reference to the current review. Further, the
utilization of the web by visiting various sites with the assistance of different web indexes for
gathering applicable information‟s from those sites of the world everywhere relating to the
investigation of this subject. The review is doctrinal in nature; subsequently the discoveries and
ends would be founded on subjective investigation .
LIMITATION OF THE STUDY
Since the scope of sexual harassment of women is very wide. The researcher limited his research
solely on sexual harassment at workplace. To meet the goal of the research, the researcher tries
to cover the rights of women guaranteed by Indian Constitution and lewd crimes against women
defined by Indian Penal Code.
The researcher has confined the study with reference to 15 countries namely- Algeria, Australia,
Bangladesh, Canada, Finland, Malaysia, Mexico, Pakistan, Russia, South Africa, Spain, Sri
Lanka, Turkey, United Kingdom and Zimbabwe only.
The researcher mainly focused the legislative frameworks with special reference to Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This
study also focused the judicial frameworks developed by Indian judiciary into three stages i.e.
Pre-Vishaka; Vishaka and Post-Vishaka. The researcher also tried to find out different types,
causes and impact of sexual harassment of women through literature review.
Along with this study covers different definitions on sexual harassment developed by various
international organizations. This study is completely doctrinal in nature. The researcher used
mainly secondary data to complete the study.
OPERATIONAL DEFINITIONS
SEXUAL HARASSMENT
According to Section 354A of Indian Penal Code, 1860, when a man is committing any of the
following acts:
a. Physical contact and advances involving unwelcome and explicit sexual
overtures; or
b. A demand or request for sexual favours; or
c. Showing pornography against the will of a woman; or
d. Making sexually coloured remarks, shall be guilty of the offence of sexual
harassment
AGGRIEVED WOMAN
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
recognizes the right of every woman to a safe and secure workplace environment irrespective of
her age, employment or work status. Hence, the right of all women working or visiting whether
in the capacity of regular, temporary, ad hoc, or daily wages basis is protected under the Act. It
includes all women whether engaged directly or through an agent including a contractor, with or
without the knowledge of the principal employer. They may be working for remuneration, on a
voluntary basis or otherwise. Their terms of employment can be express or implied. Further, she
could be a co-worker, a contract worker, probationer, trainee, apprentice, or called by any other
such name. The Act also covers a woman, who is working in a dwelling place or house.
Workplace/ work space
A workplace is defined as any place visited by the employee arising out of or during the course
of employment, including transportation provided by the employer for undertaking such a journey.As per this definition, a workplace covers both the organised and
unorganised sectors.
It also includes all workplaces whether owned by Indian or foreign companies having
a place of work in India. As per the Act, workplace includes:
a. Government organisations, including Government Company, corporations and
cooperative societies;
b. Private sector organisations, venture, society, trust, NGO or service providers etc. providing
services which are commercial, vocational, educational, sports, professional, entertainment,
industria health related or financial activities, including production, supply, sale, distribution or
service;
c. Hospitals/Nursing Homes;
d. Sports Institutes/ amenities;
e. Places visited by the employee (including while on travel) including transportation provided
by employer;
f. A dwelling place or house.The Act defines the Unorganised Sector as:
a. Any enterprise owned by individual or self-employed workers engaged in the production or
sale of goods or providing services of any kind;
b. Any enterprise which employs less than 10 workers.
literature Review
This is a review of sexual harassment definition, sexual violence and the barriers that make
women reluctant to them. This review focuses on the systematic subjugation, poverty
intersection, vulnerability, and power dynamic is factor the hinder women from reporting these sexual harassment. This review also focuses on the experience, of working women in the
hospitality and agricultural industries and how they face sexual harassment and violence.
Herre ane some book reference on the for of sexual, hererassment of women in the·workplace.
BOOKS
1- "sexual honassement of working women. A case of sex discrimination,"
author- catherine A. Mackinnon
Published by - yole university press on year 1949,
The book explore and address the issue of sexual harassment against working women,
highlighting the connection to sex discrimination in the workplace. It provide on observational
analysis of the challenges women face anal advocates for awareness anal change in addressing.
these issues.
2- "Sexual Harassement in the workplace" Perspective, Frontier and response.
strategies editor - Michele A. Paloudi
Published by Praegion, on 1999.This book provide comprehensive insight into sexual harassment issue within Professional environments. The book aims to explore various perspective on the issue, address emerging challenges on the, frontier of work Place dynamic and offer effective response strategies for
individual and organization to foster a safe and respectful work environment.
3- Beyond the count house – Tales of lawyer and lawsuit by
author- catherine A. mokmion
Published by- Havard university on 2005
The book aim to Provide engaging stories anal insights into the legal world ,offering a glimpse
into the lives of lawyer and the intricacies of lawsuit. It likely combines narratives storytelling
with legal themes to entertain and educate readers about the legal profession.
4 – ‘workplace sexual harrasment law- Principle landmank development and frame work'
by wolten klawere in 2022. legal Publication often aim to provide a comprehensive
understanding of relevant laws, land mark cases end Framework to address workplace
hanassement. The objective typically involves guiding proofessional & stakeholders in
navigating and complying with the leget landscape surrounding sexual harassment in the
workplace.
5- constitutional law of India
author- J.N Pandey.
This book Provide different article like Art 14,19,21. To women and the landmark case and
visakha guidlines.
6- Indian Renal code 1860
Author -SN mishra
This book provide different section which provide protection to women. and impose of
Punishment to the accused.
7- Author S N mishra mention on his book code of criminal procedure (CRPC) provide
different amendment related to women harassment and. Protection of women. and provide
amendment in the year – 2013.
Journals
Here are few Journal that often. Published onticle on sexual of wamen in work place –
1- "sexual abuse! A Journal of research and Treatment"
while Priliminary focused on sexual abuse, Journal often include releanch. antizle and studied
examining sexual hannasement in different context, including the workplace.
2- "work and occupation”.
This Journal explore issues related to work. employement anal, organization.
3 - “Journal of interpersonal violence"
Chapter Schemes
The present research study is divided into nine chapters. These are as under:
Chapter - 1: Introduction articulates the problem, aims and objectives of the study. The chapter
in addition to other things covers brief introduction of the problem of sexual harassment at work
places. The chapter is therefore, introductory in nature.Review of Literature is basically based on
review of various literatures on workplace sexual harassment. In this chapter, the researcher
reviewed national and international journals, books, legislations, and other relevant periodicals to
understand the pros and cons of workplace sexual harassment.
The researcher reviewed the definition of sexual exploitation/harassment at workplace given by
different countries, international organisations and Indian perspective also. In types of workplace
sexual harassment, the researcher reviewed the traditional and legal types of workplace
harassment.Specifically, the researcher reviewed the literatures in following order
a. Definition of sexual harassment.
b. Types of sexual harassment.
c. Underlying causes of sexual harassment.
d. Review of international researches.
e. Review of Indian researches.
Review on specific issues of sexual harassment:
a) Sexual harassment, its nature and extent;
b) Order of sexual harassment;
c) Workplace;
d) Victims of sexual harassment;
e) Harassers of sexual harassment and job status between victim and harasser;
f) Physical attractiveness and harassment; and
g) Awareness regarding workplace sexual harassment of victims.
Chapter – 2: National Legal Frameworks on Sexual Harassment at Workplacefocused on
legislative enactments by legislature which includes such as the Indian Constitution 1950, Indian
Penal Code 1860, and Criminal Amendment Act 2013 etc. An attempt has been made to analyze
the various provisions of these legislations as well as their efficacy to prevent the evil of sexual
harassment at work place in India.
Chapter-3 The researcher specifically made an attempt specifically on the enactment made by
the legislature „The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and
Redressal) Act, 2013‟ to analyze the provisions of the Act 2013. Apart from this, the researcher
tried to focus on Supreme Court guidelines on Vishaka case and the way it it impacted in Indian
legal aspect in preventing of workplace sexual harassment.
Chapter – 4: Judicial Pronouncements on Sexual Harassment of Women at Workplace covers
the role played by the judiciary in preventing the sexual harassment of women at work place in
India, including the specific trends of judiciary in respects of a number of issues including the
brief review of definition of sexual harassment etc.
The role of judiciary plays a vital role to eliminate the evils of the society. Likewise, in
prevention of unwanted sexual exploitation, Indian judiciary is playing a great role from the
beginning. For better understanding of this chapter, the researcher divided this chapter in
following heads:
A. Pre-Vishaka judgements.
B. The Vishaka case and its impact.
C. Post-Vishaka: some other Judgements.
Chapter – 5: Legislative Frameworks Developed by Various Countries on Prevention of Sexual
Harassment at Workplace specifically covers different lawmaking approaches developed by
different countries on the prevention of unwanted sexual exploitation of women at workspace.
The researcher combined the legislative enactments of different countries to make the concept of
unwanted sexual exploitation at workplace precise and clear.
Chapter- 6: A critical analysis of sexual harassment of women at work place in different state ,
companies with year and increasing rate of cases through data.
Chapter – 7: Conclusion and Suggestions covers fruitful conclusions drawn on the basis of the
study and some important suggestions have also been made in this chapter at the end to make the
study more useful.
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