Sexual exploitation of a working women

CIA- 3 Research Paper

School of Law

Submitted to - Submitted by -
Shraddha Sanjeev •Vansh Yogesh Lalwani
(20213250)

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(School of Law) •Stephin Sinu Oommen
(20213247)

INDEX

1.1 INTRODUCTION ……………………………………………………………………... 5

1.1.1 RESEARCH QUESTIONS …………………………………………………...6
1.1.2 HYPOTHESIS ………………………………………………………………..6
1.1.3 RESEARCH OBJECTIVE…………………………………………………....6
1.1.4 SCOPE OF STUDY ……………………………………………………….....6

1.2 CONCEPT OF SEXUAL EXPLOITATION OF WORKING WOMEN ……………....7

1.2.1 HISTORY OF SEXUAL EXPLOITATIONS ……………………………….8
1.2.2 LEGAL PROVISIONS ……………………………………………………..10

1.3 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT

(PREVENTION , PROHIBITION AND REDRESSAL ) ACT 2013 ………………….12

1.4 JUDICIAL DECISIONS ……………………………………………………………….14

1.5 ANALYSIS ……………………………………………………………………………...17

1.6 CONCLUSION ………………………………………………………………………….17

1.7 SUGGESTIONS ………………………………………………………………………...17

1.8 BIBLIOGRAPHY ……………………………………………………………………….18

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LIST OF CASES

There are various cases which had come before the courts in India and the judgment in most of
the cases has motivated women to register more complaints as compared to earlier:

● Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1996 AIR 309, 1995 SCC (6)
194)

● Medha Kotwal Lele & ors. V. union of india & ors (6SCC 241 , 1997)

● Vishaka & others Vs. State of Rajasthan & others ((1997) 6 SCC 241)

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Abstract

This research paper mainly focuses on the condition of sexual exploitation of women at the
workplace . Sexual Exploitation is a subject of interest and a space of worry to the current time.
The inappropriate behavior brings about infringement of the essential thing privileges of ladies
particularly right to correspondence under article 14 and 15 of the Indian constitution and her
entitlement to everyday routine and to experience with pride under article 21 of the constitution.
The current study gives an escalated foundation of lewd behavior of ladies in India. The root of
the lewd behavior has been taken from Bhanwari Devi case and a record of Vishaka and Ors. v/s
Union of India 1997 judgment is likewise referenced in the current examination. The momentum
research paper attempts to feature the causes that keep an eye on unconstrained expansion in
inappropriate behavior cases from various time points of view. One of the noticeable causes
which are featured in the current exploration paper incorporate the male ruled authoritative
arrangement for example a large part of the badgering which ladies face at the work environment
isn't "sexual" in substance or plan however the thought process behind this is to show the
mastery of male society, substandard occupation position where ladies as a rule employ less
progressive force in an associations and men have more lewd behavior fills in as one technique
for the amazing attesting command over the frail, misperceptions about the agreeable idea of a
ladies in an association by men partners and who started to annoy those ladies who are very well
disposed in nature and ladies with higher scholastic profile and lesser open position when they
started their excursion to get a new line of work in an association may it be an instructive
establishment or other private or government area they are bothered and progressed by sexual
courtesies by the individual in charges and for that they are guaranteed to be extended to an
employment opportunity and subsequently every one of these makes leads inappropriate
behavior of ladies. Lewd behavior has shown a consistent increment from a decade ago to the
current situation with 29.20% cases enrolled in the year 2015 and which brought about
infringement of essential vulnerabilities of ladies at the working environment. The information
for the current examination was evoked from both essential and auxiliary sources, investigation
was finished by utilizing specific exploration strategy and device. The outcomes from this
examination anyway demonstrate that in India inappropriate behavior is as yet pervasive in the
work environment regardless of endeavors to annihilate it. At long last the current investigation
suggests that the need of hour is to investigate the issue and give the preventive estimates that
could all the more likely evaluate the circumstance.First we framed up the research questions
along with the hypothesis and research objective and scope of study . Then we have the concept
of sexual exploitation of women in the workforce , along with the history and legal provisions.
Then the sexual harassment of women at work place act 2013 . then the judicial decisions , along

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with our analysis of the topic , concluding with the conclusion and providing some suggestion
for the betterment of the condition .

1.1 INTRODUCTION
Gender have a huge role as women are in the spotlight , there are 3 genders male , female
and transgender , thus discrimination of women presist from asesterial times and its
presist till date , this mindset of people make women feel inferior and thus let them
gaining less opputunities like pay gap and even if they got some hope for work there
drives the problem of explotation of women workers . Working women faces many
problems in day to day due to which they suffer problems like abuses discrimination and
explotation and one of the widespread and common is sexual explotation of women

Research by TUC (‘Trades Union Congress’)

● Half of women workers surveyed had experienced some kind of sexual
harassment
● One in 10 have experienced unwanted sexual contact
● 67% of women reported some kind of harassment from colleagues , managers ,
customers etc. 1
In India women are treated as goddess .Thus conditions in the workplace still persist the
same because they are considered as inferior but new laws have been amended and
women are also showing some active participation . Women should get equal rights but
it’s a long way for India to reach this pedestal .In India women are treated violently in
public places so we can compare the situation of the condition of women inside the walls
of the house . Apart from domestic violence they are also targeted at roads , malls , parks
and work . the type may not be physical all the time but can affect them mentally also 2

1 Women workers and exploitation , labour exploitation org

https://www.labourexploitation.org/news/women-workers-and-exploitation-gender-pay-gap-just-beginning
2 Dr. Himanshu Rastogi ,Sexual abuse and exploitation of women in India,(July 24, 2018)
http://ijrar.com/upload_issue/ijrar_issue_20542367.pdf

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 In a nutshell we can get brief information that women in india have still got no freedom
they still are considered inferior and thinking they can't do any work. And if they get any
hope for work women don't feel safe in work because in India they are not able to get a
proper safe environment for women to work
Keywords:- Nutshell , Inferior , Pedestal ,Asesterial
1.1.1 RESEARCH QUESTIONS
1. What are the different forms of women exploitation in work ?
2. What laws have been created for women if they face any exploitation ?

1.1.2 HYPOTHESIS
The provisions relating to sexual exploitation of women at the workplace is unsatisfactory.
At the national level effective mechanisms need to be strengthened.

1.1.3 RESEARCH OBJECTIVE

To make the women environment place more safe for their work

1.1.4 SCOPE OF STUDY

This paper includes the condition of women in which she is being brutalised at workplace which
must be considered to be one of the safest places for a person to survive. This paper also gives us
the clear scenario in the viewpoint of a woman in the present scenario.

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1.2 Concept of Sexual exploitation of a working women

Sexual exploitation is an unwelcome behaviour of sexual nature. Sexual exploitation of working

women is a great problem that is spread throughout the world. No matter if it is a developed
country, underdeveloped or developing countries the situation of sexual exploitation of women
still persists the same and it is common everywhere. Thus women are the key focused gender in
particular with this issue.

Many laws have been amended for the protection of women in work, providing them with
remedy but the violation of the laws still persist and because of this the womens are considered
the most vulnerable section of the society.

They may face exploitations kickstarting like female fetecide, human trafficking, stalking, sexual
abuse, sexual harrasment and the most wicked of them all rape. It is against the law to haraass a
person because of thir sex.3

3 Nikunj keyal , sexual harassment of women at workplace , legal service india

http://www.legalservicesindia.com/article/2114/Sexual-Harassment-of-Women-at-Workplace.html

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1.2.1 History of sexual exploitation of women at work

Women's activists in the United States instituted the expression "sexual exploitation" in 1975 to
depict men's sexual intimidation and abuse of ladies in the work environment. The term, in
everyday use, has come to include an expansive scope of unwanted sexual and sex based conduct
in an assortment of settings, including the working environment, at instructive foundations, in
lodging, and in the city. At its center, sexual behavior is the utilization of legitimate, monetary,
or social ability to force unwanted sexual gestures or to establish a climate that is scary,
threatening or hostile dependent on sex.

Notwithstanding the new birthplace of the term, ladies have encountered inappropriate behavior
since forever and across the globe. Seventeenth-century obligated workers, eighteenth century
dark slaves, nineteenth-century mechanical laborers, and twentieth-century office laborers ,all
share the experience of fighting off the sexual requests of men employing control over their lives
—aces, administrators, foremen, and managers. Under frameworks of obligated bondage,
serfdom, and servitude, ladies regularly ended up subject to the lewd gestures of experts,
stewards, and managers who controlled their lives and financial prosperity. Obligated workers in
the British settlements of North America and Australia regularly worked in private homes,
making them especially helpless against the sexual requests of bosses.4

Ancient concepts of rape involved the theft of women’s chastity, which was the property of their
male relatives. Early modern authorities equated rape with adultery and punished victims for
sexual immorality. The modern focus on consent makes the relative.5

4 Carrie N. Baker , study of women and gender , smith scholar works

https://scholarworks.smith.edu/cgi/viewcontent.cgi?article=1009&context=swg_facpubs
5 Carolyn A. Conley ,,Sexual violence in historical prespective , oxford handbooks

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Keywords: rape, sexual assault, consent, gender, violence

The Equal Employment Opportunity Commission guidelines define sexual harassment as the
following (USEEOC n.d.a.):

Taking sexual favours or touching without consent and other verbal or physical conduct of a
sexual nature which constitute sexual harassment can explicitly or implicitly affect the
individual’s employment, performance and creates an intimidating, hostile work environment for
the victim. Sexual harassment was first recognized in cases in which women lost their jobs
because they rejected sexual overtures from their employers 6

Current studies across the globe show high rates of sexual harassment.

● Large scale surveys of the United States federal workplace beginning in the early 1980s
have consistently shown that over 40% of women report experiencing sexual harassment.

● Surveys in the European Union show that between 30% and 50% of women are sexually
harassed7

https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199838707.001.0001/oxfordhb-9780199838707-e-
012
6 Sexual harassment of women ,The national academies press
https://www.nap.edu/read/24994/chapter/4
7 Carrie N. Baker , study of women and gender , smith scholar works
https://scholarworks.smith.edu/cgi/viewcontent.cgi?article=1009&context=swg_facpubs

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1.2.2 Legal Provisions

The Supreme Court issued a series of ‘guidelines’ to protect women from sexual harassment at
the workplace. These guidelines were to be strictly observed in all workplaces so laws have been
amended so that proper protection and rights should be protected so they get a proper and safe
environment to work.

From the times of history women are bound to stay at home, look after children and other
household chores while men are considered to be superior who earns bread and butter for the
family. Women all around the world will leave the boundaries of their homes and start working
if they have access to education, better facilities, increased literacy and the industrial revolution.
Though women had been working always with their families on farms, as house help, even as
babysitters from time immemorial.

Women were forced to work in harsher conditions without any rights and thus were frequently
exploited. The constitution made laws irrespective of gender, caste, creed or social status to
provide equality among people under Art.15 and provide special laws to be made for the
depressed classes and women. Many gender specific laws such as, The Sexual Harassment of
Women at Workplace Act, 2013 is a welcome addition amongst the class of such laws to protect

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and provide justice to all the women who has been a victim to expoitation or hassasment. Many
other judicial provisions have received both widespread praise and flak in recent times. 8

The Supreme Court set out the following significant guidelines

1. The employer and other responsible people in a workplace are duty-bound to prevent
or deter sexual harassment and set up processes to resolve, settle or prosecute in such
cases.
2. The Supreme Court stated that it includes such unwelcome behaviour (whether
directly or by implication) such as:physical contact and advances, a demand or request
for sexual favours, sexually coloured remarks, showing pornography, and any other
physical, verbal or non- verbal conduct of sexual nature.
3. All employers or persons in charge of workplaces must strive to prevent sexual
harassment and if any act amount to a specific offence under the Indian Penal Code
1860 or any other law, they must take appropriate action to punish the guilty.
4. Even if the act is not considered a legal offence or a breach of service rules, the
employer should create appropriate mechanisms so that the complaint is addressed
and redressed in a time bound manner.
5. This complaint mechanism must, if necessary, provide a complaints committee, a
special counsellor or other support service, such as assured confidentiality. The
complaints committee should be headed by a woman, at least half of the members
should be women.

8 Shubhada Sonwalker ,Sexual Harassment of women at workplace, i pleaders

https://blog.ipleaders.in/sexual-harassment-of-women-at-workplace-prevention-prohibition-and-redressal-act-
2013/#Introduction

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 6. The employer must sensitise female employees to their rights and prominently notify
the court’s guidelines.
7. Even if a third party is responsible for sexual harassment, the employer must take all
steps necessary to support the victim.
8. The Central and State Governments should adopt suitable measures to ensure private
sector employees implement these guidelines.9

1.3 Sexual Harassment of Women at Workplace (prevention , prohibition and

redressal ) Act, 2013

1.3.1 Background

This new enactment was in pursuance of the Vishaka guidelines given by the supreme court.
(Vishaka & others v. State of Rajasthan , 1997) . India signed a convention on elimination of all
form of discrimination against women (CEDAW). This was a step towards growth in the
international obligations but no domestic laws were still prepared for this issue.

1.3.2 What was the requirement ?

1. Gender Equality at Workplaces .

2. Get rid of hostile environment at workplaces .
3. Protection of Fundamental Rights , 14,15,19(1)(g)
4. Growth and social development
5. Realize provisions of article 42 .

9 Shubhada Sonwalker ,Sexual Harassment of women at workplace, i pleaders

https://blog.ipleaders.in/sexual-harassment-of-women-at-workplace-prevention-prohibition-and-redressal-act-2013
/#:~:text=All%20employers%20or%20persons%20in,action%20to%20punish%20the%20guilty.

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1.3.4 Main features of the Act and Who qualifies for protection ?

As the act gives the true definition of Sexual Harassment of Women at Workplace, it can be
considered as someone who is caught doing any unwanted physical and sexual contact or
demanding for any sexual favours or showing pornographics contents and making sexually
couloured remarks will be punished under this Act and will be held liable for imprisonment for a
term which may extend to three years or with a fine or both.

1.3.5. Redressal Mechanism

Internal committee is set up consisting of more than 10 members , providing for local, district
and block . A 90 day inquiry takes place and the committee has to send their report to the district
officer , if there is any fault action should be taken within 60 days . This committee is set up to
redress and provide safeguards against fake allegations . the conciliation process takes place .
The inquiry process is fully confidential . if someone found guilty to breach confidentiality the

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act lay down a penalty of rupees 5,000 on the person . If someone found guilty of the crime one
can be charged a penalty of rupess 50,000 as per the act .10

1.4 JUDICIAL DECISIONS

● Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1996 AIR 309,
1995 SCC (6) 194)

Facts of the Case: On 18th July, 1988 a party was organized by Shri S.L. Kapur, a common
colleague of both the parties. Around 20 to 25 couples were there at the party. Mr. & Mrs. Baja
were also there. Mr. Gill was attending the party but was without his wife. Around 10:00 pm Mr.
Gill walked and joined the circle where only ladies were sitting. He asked Mrs. Bajaj came and
sat near him and the reason he gave was that he wanted to discuss something important with her.
Mrs. Bajaj responding to his request came near his chair to occupy a vacant one. Suddenly he
dragged the chair on which she was going to sit near his chair, and repeated this action when she
dragged it back to its original position.
Offended by this act Mr. Gill she moved back to join the company of ladies, and after 10 minutes
of this scene Mr. Gill again approached Mrs. Bajaj and asked her to get up immediately and
come along with him. She strongly objected to this act and she drew her chair and turned
backward. Mr. Gill suddenly slapped her on her posterior in front of others.
So, aggrieved by this act of Mr. Gill she filed a complaint against him. When the FIR and
complaint was quashed by the impugned order of the High Court she decided to go for an appeal
at the apex court of the country.

Judgement ;- It was directed by Apex Court to the Chief Judicial Magistrate (CJM), Chandigarh
to take cognizance upon the police report for the offences under §§ 354 and 509 of IPC. It was
also stated by the bench that the appeal was filed in order to determine that whether prima facie

10 Veena govinda , violence against women and children , tiss.edu

https://tiss.edu/uploads/files/Veena_Gowda_Poster.pdf

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case for investigation exist or not and by looking in to the matter we direct CJM only to start the
investigation and it will be upon his/her discretion by looking into the evidences that accused
must be punished or not.

So, the appeal of Mr. & Mrs. Bajaj was allowed and adequate relief was given to them by
quashing the impugned judgment of the High Court.

● Medha kotwal lele & ors. V. union of India

Facts of the Case: In the present case, the appellant, Medha Kotwal Lele was the coordinator of
Aalochana, a centre for documentation and research on women and their rights. The petition was
filed by her together with other female group in the Court highlighting the number of individual
cases of sexual harassment of women at workplace and that the Vishaka Guidelines are not being
effectively implemented. The petitioners argued that in spite of the guidelines issued by the
honourable Supreme Court for the protection of women, they are continued to be harassed at the
workplace. It was seen that the Vishaka Guidelines were breached in both substance and spirit by
the state office bearers who harass women, making them suffer and offending their dignity.

Case Judgement:The honourable Supreme Court, keeping in mind the Beijing Platform for
Action and the fact that India’s record on gender equality remains constant and below par, states
that the Vishaka Guidelines needs to be implemented in form, substance and spirit so as to make
accessible safe and secure working environment to women in each and every aspect. And
therefore enabling the female employees to work with dignity, decency and respect.
.

● Vishaka & others Vs. State of Rajasthan & others (1997) 6 SCC 241)

Vishaka & ors. V. state of Rajasthan (13th August 1997) is the landmark judgement given by the
honourable Supreme Court in the quest for protection of women. This judgement gave some
guidelines, which was succeeded by the statute known as the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013

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Facts of the case :- Bhanwari Devi was a social worker in a programme initiated by the state
government of Rajasthan aiming to curb the evil of Child Marriage. Amidst, the protest to stop a
child marriage in one Ramakant Gujjar’s family Bhanwari Devi tried her best to stop that
marriage. However, the marriage was successful in its completion even though widespread
protest. In 1992, to seek vengeance upon her, Ramakant Gujjar along with his 5 men gang raped
her in front of her husband. The police department at first tried to dissuade them from filing the
case on one pretext or other but to her determination; she lodged a complaint against the accused.
They were however, subjected to harsh cruelty by the female police attendants even to the extent
that for procuring evidence her lehenga was demanded from her and she was left with nothing
but her husband’s blood – stained dhoti. Adding to their misery, their request to spend the night
in the police station was also refused.

The trial court acquitted the accused but she didn’t lose hope and seeing her determination all
female social workers gave their support. They all filed a writ petition in the Supreme Court of
India under the name ‘Vishakha’. The apex court was called upon to frame guidelines for
preventing Sexual Harassment at Workplace. The hon’ble court did come up with such
guidelines as Vishakha Guidelines which formed the basis of The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It has been laid down in the
judgment above-mentioned that it is the duty of the employer or other responsible persons in
work places or other institutions to Prevent the happening of such event To furnish the
employees with effective mechanism for the process of resolving & trying of such indecent acts
of sexual harassment

For this purpose “Sexual harassment” means disagreeable sexually determined behavior direct or
indirect as: physical contact and advances; a demand or request for sexual favours; sexually
coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.

Judgement - Gender Equality finds place in Fundamental Rights enshrined under Article 14, 19
& 21. Sexual Harassment at Workplace is a clear violation of gender Equality which in turn
violates these integral rights of the female class. Such harassment also results in the freedom
provided under Article 19(1)(g). The protection of females has become a basic minimum in
nations across the globe. In the absence of domestic law to curb the evil, assistance could be
rendered from International Conventions and Statues to the extent that it does not contravene
with any domestic law or do not violate the spirit of the Constitution. The Judiciary derived this
authority from Article 51(c) and 253 r/w Entry 14 of the Union List of Seventh schedule of the
Constitution. The court held that such violation therefore attracts the remedy u/a 32.The Indian

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Judiciary has time and again reiterated upon the fact that Right to life under Art. 21 also
comprise Right to live with dignity. Such aforesaid dignity could and should be protected with
suitable guidelines. It is of utmost importance to frame some guidelines to fill the legislative
vacuum and curb the evil.

The apex court found authority in filling the legislative gap by making law so as to maintain the
Independence of Judiciary and its role envisaged under Beijing Statement of Principles and
Independence of Judiciary in LAWASIA region which was signed by the Chief Justice of the
Asia Pacific in 1995 as those representing the minimum standards necessary to be observed in
maintain an independent and effective Judiciary. The judiciary found the following as source of
the guidelines which would act as law of the land: Convention on the Elimination of all forms of
Discrimination against Women (Article 11 & 24) General recommendations of CEDAW in this
context (Article 11,22,23,24) At the 4th World Conference on Women in Beijing, Govt. of India
made an official commitment to set up a National Commission at every level and in every sector
that will look after Women’s Rights.
The Supreme Court inter alia, clearly mentioned that the guidelines were to be treated as law
declared u/a 141.

1.5 Analysis

This research paper has been conducted to know how sexual exploitation of women is gravely
increasing at the workplace . Thus the real picture is being depicted in this research paper , as
still from acentital times women are not given equal opportunities compared to men and when
they get those opportunities they don't feel safe and thus dump the idea to work . women are
depicted as a goddess in indian tradition but still they are brutalized and sexually exploited in a
workplace that they consider safe.

1.6 Conclusion

Thus I want to conclude with the statement that domestic laws should be strengthened and
should provide and make womens feel that they have a safe environment to work .Sexual

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harassment damages the lives, health, financial independence, and opportunities of countless
victims, and costs businesses not only in legal fees, but in lost productivity, morale,
effectiveness, and talent

1.8 Suggestions

As per my suggestions each organization should set up a special legal aid committee for the help
of women , women should feel comfortable at the workplace . laws should be created at domestic
level .

1.9 Bibliography

● The times of india

● Indian kanoon
● Academia
● http://ijrar.com/upload_issue/ijrar_issue_20542367.pdf
● https://www.labourexploitation.org/news/women-workers-and-exploitation-gender-pay-
gap-just-beginning
● http://www.legalservicesindia.com/article/2114/Sexual-Harassment-of-Women-at-
Workplace.html
● https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199838707.001.0001/ox
fordhb-9780199838707-e-012
● https://scholarworks.smith.edu/cgi/viewcontent.cgi?article=1009&context=swg_facpubs
● https://www.nap.edu/read/24994/chapter/4
● https://blog.ipleaders.in/sexual-harassment-of-women-at-workplace-prevention-
prohibition-and-redressal-act-2013/#Introduction
● https://tiss.edu/uploads/files/Veena_Gowda_Poster.pdf

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