TEAM 7ACES

21PGP006 Abhilash Gedam

21PGP013 Abhishek Nigam
21PGP017 Aditya Deuri Bharali
21PGO028 Aman Kumar
21PGP039 Anuksha Bhatia
21PGP049 Atal Shanker Mishra
21PGP053 Ayushi Anshu

IN WORK PLACE
WHAT IS OFFERING
UNWANTED
BENEFITS
HARRASMENT FOR A
SEXUAL
SEXUAL
ADVANCEMENTS

IN WORK
FAVOUR

PLACE?
THREATS
OR VISUAL
RETALIATION CONDUCT
TO "NO"

VERBAL PHYSICAL
CONDUCT CONDUCT
 TYPES
Quid Hostile Work
Pro Quo Environment
• Latin: "This for That" • Deliberate creation of a hostile, intimidating or an
• Implicit/Explicit Promises offensive work environment
• Threat to present/future employment status • Humiliation of employee/colleague
• Harasser is in poisiton of authority • Attempt to affect physical and mental health or
safety
• Harasser can also be colleague
• No formal guidelines existed

• Ways of lodging complaints:

1. Section 354, IPC: 'criminal
assault of women to outrage
women's modesty’
2. Section 509, IPC: 'word, gesture
Indian laws
or act intended to insult
the modesty of a woman’.
before
• Interpretation of 'outraging
1997
women's modesty' was at the
discretion of the police officer.
What changed
in 1997?

Vishakha and Others

vs
State of Rajasthan
Case, 1997
• Workplaces to have a complaint
committee and a counselor The
• Committee must be headed by a woman
Vishakha
Guidelines
• Complaint procedures should be time
bound

• Victim’s Confidentiality is of utmost

importance

• Women should not be discriminated in

any form at workplace during the
process
 • The Act extends to “the whole of India”.
• An “Aggrieved Woman”, in relation to a workplace, is a
woman of any age, employed or not, who alleges to have
The been subjected to any act of sexual harassment
• The definition is not limited to women who are
POSH “employees”.
• A customer/client can claim protection under the POSH
Act Act
• A woman shall not be subjected to sexual harassment at
her workplace.
• To claim protection under the Act, the incident should
have taken place at the “workplace”.
• The Act is NOT gender-neutral. It only protects women.
• The safeguards under the Act are not applicable to male
victims.
• Employers may choose to extend the protection through
The Sexual Harassment of Women at
their policy.
Workplace (Prevention, Prohibition, and
Redressal) Act, 2013
Women
covered
under
the
POSH
Act
What constitutes a “Workplace”?
Impact of JOB-RELATED
Inappropriate •
OUTCOME VARIABLES
Job Satisfaction

Behavior •
•
•
Organizational Withdraw
Organizational Commitment
Productivity
• Performance

SEXUAL
ORGANIZATIONAL HARRASMENT
EXPERIENCES
ANTECEDENTS HEALTH & WELL-BEING
• Organizational Climate OUTCOME VARIABLES
• Job Gender Context • Mental Health
• Physical Health
 • Making sexually suggestive remarks, comments,
jokes or innuendos.
• Commenting on or questioning a person’s sex life.
• Circulating sexual or offensive media through emails
Examples Of or chats.
Workplace • Creating a ”hostile work environment”.
Sexual • Asking for sexual benefits in return of favours.
Harassment • Caressing, kissing or fondling someone against her
will (could be considered assault).
• Invasion of personal space (getting too close for no
reason, brushing against or cornering someone).
• Coercing someone to go out with them.
• Stalking an individual.
• Controlling a person’s reputation by rumour-
mongering about her private life.
 • Criticizing, insulting, blaming, reprimanding or condemning
an employee in public.
• Exclusion from group activities/assignments without a
Behaviors valid reason.
That May • Statements damaging a person’s reputation or career.
Indicate • Constantly overruling authority without just cause.
Underlying • Unjustifiably monitoring everything that is done.
Workplace • Blaming an individual constantly for errors without just
cause.
Sexual
• Repeatedly singling out an employee.
Harassment
• Systematically interfering with normal work conditions.
• Arbitrarily taking disciplinary action against an employee.
• Controlling the person by withholding resources (time,
budget, autonomy, and training) necessary to succeed.
Examples of Workplace Behavior That May
NOT Constitute Sexual harassment

• Following-up on work absences.

• Requiring performance to job
standards.
• The normal exercise of
management rights.
• Work-related stress e.g., meeting
deadlines or quality standards.
• Conditions of works.
• Constructive feedback about the
work mistake and not the person.
• Subjectivity
• Analysis of the harassment from the complainant’s
perspective
• This requires the different perspectives of the men
and women involved
• Men may consider some forms of sexual
harassment as “harmless social interactions to
which overly-sensitive women would object”
• Vicious Cycle
• Some women misuse the Act
• Other women are not taken seriously
Criticism
• Not Implemented across India
of the
• Does not protect Men
POSH Act
• Law requires 3rd Party NGO to be involved,
which raises concerns of confidentiality
• Not all cases are recorded
International • United Nations General Assembly Resolution
Laws 48/104 on the Declaration on the Elimination of
Violence Against Women

• The Convention on the Elimination of all Forms of

Discrimination against Women (CEDAW)

• Beijing Platform for Action, para. 178

• The ILO Committee of Experts on the Application

of Conventions and Recommendations

• The International Covenant on Economic, Social

and Cultural Rights
 • There is a growth in number of women in the
workplace in India in the past few decades.
• This, in turn, is leading to an increase of cases of
sexual harassment in the workplace.
• It is paramount to educate organisations about the
protection of its employees against harassment at
the workplace.
• Organisations should hold activities and events for
CONCLUSION raising awareness about sexual harassment.
• There has also been a rise in harassment cases on
men in the workplace.
• Organisations need to create gender-neutral policies
to protect all of it’s employees.
“While a murder destroys the physical frame of the
victim, sexual harassment degrades and defiles the soul
of a helpless person.”
THANK YOU