UNIVERSITY OF LUCKNOW

FACULTY OF LAW
SESSION- 2023-24
SUBJECT: LEGAL PHILOSOPHY- II
TITLE: SEXUAL HARASSMENT OF FEMALE AT
WORK PLACE :UK &INDIA-COMPARATIVE
ANALYSIS

SUBMITTED TO: SUBMITTED BY

PROF .AK. VISHWAKARMA ABU SUFIYAN
PROF .KAMAL AHAMAD SEMESTER II
DR . NAND KISHORE ROLL NO. 2310013215023
DR . ASHISH KR. SRIVASTAVA CLASS ROLL NO. 05
DR . BHANU PRATA LL.M.
 ACKNOWLEDGEMENT

I would like to express my deep gratitude to professor , who gave me

the golden opportunity to do assignment of Legal philosophy on the
topic: “Sexual harassment of female at work place : Uk & India –
Comparative analysis” who also helped in completing my assignment.

Their guidance, encouragement, care also helped me to complete this assignment

on time . I came to know about many new things. I really thankful to him.
 CONTENTS

1. INTRODUCTION
2. SIGNIFICANCE OF THIS DEVELOPMENT
3. IMPACT
4. PROVISION OF LEGISLATURE
5. COMPARSION WITH UK
6. CASE LAW
7. ANALYSIS
8. CONCLUSION
9. BIBLIOGRAPHY
INTRODUCTION

We have come a long way and the society has seen a massive shift in the employment cultures
at workplaces. Conventional gender stereotypes are being overridden those limited men of the
house to go outside the house and earn for the family. Women have increasingly come to the
forefront and have been accepted as bread winners for their families. The problem of sexual
harassment has existed since time immemorial in numerous ways and continues ways in several
novel ways. It is a form of discriminatory conduct that belittles the worth and value of an
individual and disturbs the sanctity and balance a workplace must have.

It still is an ordeal for some to believe and accept that sexual harassment is a prevalent ill in
workplaces today but the reality stands that it exists and must be put an end to. It specifically
refers to the acts and behaviour that stand a symbol of inappropriate sexual remarks, gestures
or physical advances in the workplace. It could further include requests for sexual favours and
unwelcome behaviour that an individual has not consented to and does not want to indulge in.
The concept of ‘Consent’ is a recurring phenomenon and must be taken at every step of the
way, an activity or conduct one act has not consented to and takes place against their will is
objectionable and amounts to an offence and misdemeanor.

There is no social or geographical limitation to the fatal practice of sexual harassment, it is

carried out in different countries and territories in different ways. Workplaces of all levels and
seniority witness this ghastly conduct. Such an offence is beyond the boundaries of caste, creed,
race or nationality, it has only and only one foundation, that is, ill intentions of the human mind.
A case study involving the presence of sexual harassment in India and the UK has been
included in this paper in order to give credible and holistic insights on the subject using
contemporary case laws.

SIGNIFICANCE OF THIS DEVELOPMENT

Sexual harassment at workplace has become an undeniable and illegitimate part of the working
culture. It has become so prevalent in both the private and government sectors that in order to
eliminate this peril, we ought to call a spade a spade and put an end to this vicious cycle. It is
considered a violation of women’s right to quality, liberty and life. It leads to the creation of
an insecure and hostile environment at the workplace which is fatal and encourages the
participation on women in work places. Furthermore, it goes on to negatively impact their

https://cms.law/en/int/expert-guides/cms-expert-guide-on-sexual-harassment-in-the-workplace/united-kingdom
economic and social empowerment and the goal of ‘inclusive growth.’ With more effective
mechanisms and schemes of redressal of sexual harassment at workplaces, communication,
conversation and awareness will begin which is the first essential stop to prevention of the
same.

In a working culture and system that is primarily biased and does not have a gender-neutral
and balanced foundation, it becomes even more imperative to have operative preventive laws
against sexual harassment at workplace. This is not only a collective and systemised method
of acceptance of inequality and presence of conducts of sexual misdemeanour, but a systematic
methodology of bringing a visible and effective change and revolution of how women are
perceived at work.

IMPACT

There has always been an absence of a ‘safe space’ for sufferers to express them freely against
sexual harassment. Prevention laws against sexual harassment at workplace have helped to
evolve a mentality and raise awareness that this internalised sexual misconduct stems from our
internal gender stereotyped beliefs and notions and hence must cease to exist.

With the coming up of such streamlined and organised legislations and guidelines that clearly
lay down the state of affairs and consequences, an environment that recognises such conduct
has begun to form. There is growing awareness and consciousness about one’s sexual
misconduct that is outright questionable. The mentality that sexual harassment is ‘trivial’ and
can be easily brushed under the carpet and must not be spoken about until it is ‘too much’ is
seeming to vanish in a more informed workplace where such practices are looked down upon.

Numerous changes both small and huge have taken place in mentality and institutions at large
but there is still a long way to go and perpetrators to hold accountable. Acceptability of sexual
harassment in any form must be frowned upon and not as a practice that has to be dealt with
due to one’s gender or to maintain job security.

PROVISIONS IN THE LEGISLATURE

In the 1990s, the background of the Vishaka case took shape in which Bhanwari Lal Devi, a
Rajasthan state government employee, tried to put an end to child marriages as a part of her
job. On being angry at this behaviour, the landlords raped her on multiple occasions. On the

https://www.mondaq.com/india/employee-rights-labour-relations/876830/sexual-harassment-of-women-at-
workplace-a-brief-analysis-of-the-posh-act-2013 , last visited on 30 March 2024.
failure of Rajasthan High Court’s judgments to impart adequate justice, a mass movement
started which led to a PIL being filed in the Supreme Court.

The Indian Apex Court in 1997 introduced the ‘Vishaka Guidelines’ which expressly state that
gender equality included protection from sexual harassment and right to work with dignity,
which is a universally recognised basic human right. Due to quite the failure of these, the 2013
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) came into
practice and completely expanded the meaning of the workplace and covered the informal
sector in its ambit, including domestic workers. Workplace sexual harassment is a form of
gender discrimination which snatches the rights of women to work, equality to life given in the
Indian Constitution under Articles 14,15 and 21.

The Act made it compulsory for every employer to form a committee which would handle the
complaints of an aggrieved woman. The members of the ‘Internal Complaints Committee: ICC’
should consist of: i) a Presiding Officer, ii) not less than two members from amongst the
employees preferably committed to the cause of women or who have had experience in social
work or have legal knowledge and iii) one member from amongst non-governmental
organizations or associations committed to the cause of women employees.

The landmark Vishaka1 judgment was an eye opener for the people but in 1999 a case “Apparel
Export Promotion Council v. A.K Chopra” increased the ambit of sexual harassment
mentioning that physical contact is not just essential for it, maximising the possibility of contact
that takes place.

Relevant laws under the Indian Penal Code (IPC):

IPC Section 294 –

It includes obscene acts in any public place, singing obscene songs to the annoyance of others
Punishment will be imprisonment for a term of up to 3 months or fine, or both.

IPC Section 354(A) –

Demanding sexual favours, showing pornography, physical contact despite indication of

disinterest is a crime and accused can be subjected to either jail, ranging from 1 – 3 years or
fine or both.

1. AIR1997 SC 3011.
IPC Section 354 (B) –

It deals with forcing a woman to undress and punishment of jail ranges from 3 – 7 years in
prison and a fine.

IPC Section 354 (C) –

Watching, capturing or sharing images of a women engaging in a private act without her
consent is voyeurism and punishable under this section. The man can face jail ranging from 1-
3 years. But if that man is convicted for the second time, then he will face jail between 3 – 7
years along with fine.

IPC Section 354 (D) –

Following someone with or without their knowledge is known as stalking and considered as an
act of sexual harassment. The punishment will be jail term ranging from 3 – 5 years coupled
with fine.

IPC Section 375 –

It includes Acts like penetration of penis in to the vagina, urethra, anus or mouth, or any object
into any body part, to apply mouth or touching private parts. Penetration means ‘penetration to
any extent’. The punishment will be imprisonment which will not be less than 7 years and it
can also be extended to life time. In aggravated situations, punishment may be rigorous, not
less than a jail of 10 years, and maybe imprisonment for life.

IPC Section 376A –

If a person committing the offence of sexual assault inflicts an injury which causes the death
of the person or persistent vegetative state, then he shall be punished with rigorous
imprisonment for a term which shall not be less than 20 years, and it shall be extended to life
imprisonment. In Gang rapes, persons involved will be punished with rigorous imprisonment
of 20 years and not less than that. They shall also have to pay compensation to the victim. The
age of consent is 18 years which means any rape below 18 years will be a statutory rape.

IPC Section 67 of IT Act –

Posting any obscene or defamatory material on a public online platform with an intention to
harm the reputation or harass that woman is punishable with jail time of 2 years with a fine.
IPC Section 499 –

Morphing Pictures of lady and sharing them with an intention to harass and defame them is
punishable by implying jail up to 2 years or fine or both.

IPC Section 503 –

If a woman refuses to someone’s sexual favours and is met by threats for physical or
reputational harm, shall be punished with imprisonment for 2 years or fine, or both.

IPC Section 509 –

Insulting the modesty of a woman by making sexually coloured remarks about her in a public
space which intrudes her privacy is punishable by jail of 3 years and fine.

UNITED KINDOM

In the United Kingdom, which is primarily considered to be more educated and sophisticated
the condition with respect to sexual harassment at workplaces is not too different or evolved.
There has been a massive and rapid increase in the familiarity with the existence and prevalence
of sexual harassment. The Discrimination Act of 1975 had been changed to set sexual
harassment as a form of discrimination in 1986. It explained that in a case where there is
conduct which has not been consented to on the ground of person’s sex or unwanted behaviour
of a sexual nature, it violates the person’s honour and dignity and leads to the creation of a
hostile, degrading and humiliating environment for them. This legal definition is further
elaborated upon in the Equality Act 2010.

The UK regards and defines sexual harassment in a broader manner now which includes
behaviour that leads one to feel intimidated or offended, related to their sex. It is both a criminal
and civil offence and actions can be taken against it accordingly. The claim for the same needs
to be made within 6 years of the harassment for it to hold in court. An injunction can be made
to stop a person from harassing another and if not contained even then, criminal proceeding
may be initiated against them.

In addition to these legislations, there is a specific provision in the Equality Act. Section 26 of
the same that lays down prohibition on the following types of harassment:

1. Sex-related harassment

https://blog.ipleaders.in/sexual-harassment-prevention-laws-india/ , Last visited on 2 April 2024

2. Harassment of a sexual nature

3. Less favourable treatment based on a person’s rejection or submission to sex-related

harassment.

Furthermore, an individual in the UK has the power to bring an Employment Tribunal

Complaint of harassment against the employer and against the individual employee who
violated their dignity and harassed them. Due compensation after the evaluation of all facts and
legislation has to be provided and is not capped and varies from case to case.

CASE LAWS

There are several essential Indian Judgments that have shaped the Prevention laws against
sexual harassment at workplace. The most important one being Vishaka & Ors v. State of
Rajasthan & Ors1. which laid down the effective enforcement of the basic human right of
gender equality and guarantee against sexual harassment and gave guidelines to ensure the
same.

In the case of U.S Verma v. National Commission of Women & Ors2, it was established that it
shall be the duty of the employer or other responsible persons in work places or other
institutions to prevent or deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking
all steps required.

In the United Kingdom, in the employment tribunal case of Craddock v. Fontoura t/a
Countyclean3 in 2010, the manager said multiple times to a male employee that he must form
a relation with a new female employee and promising to send them away together under the
pretext of getting to know each other. Mr. Craddock became very uncomfortable around the
female colleague due to these remarks by his boss. This accounts as sexual harassment as Mr.
Craddock did not give his consent to be romantically framed in such a fashion but in turn it led
to his embarrassment and intimidation.

The excuse of banter or making a friendly joke is not a defence in a sexual harassment case as
established in the case of Driskel v. Peninsula Business Services4. A female employee’s

1. AIR1997 SC 3011.

2.(2009) 163 DLT 557

3.(2010) UK 4. (1999) UK
complaint amounted to sexual harassment in spite of the head regarding it as an acceptable
.form of ‘banter.’ Inappropriate remarks and comments on one’s style of clothing in claim of a
promotion to sway employees is outright unacceptable and harassment.

ANALYSIS

In my sincere opinion, the offence of sexual harassment is one that has evolved through time
and taken the form of numerous forms. However, that does not change the fact irrespective of
gender, which sector of workplace, hierarchy or country, it is a gross happening which is
unacceptable in order to maintain the highest of degree of professionalism that must be
practiced. A place of work is sacred and a free space to learn, grow and perform. It should have
merit and high skilled performance as its basis for recognitions and promotion. Gender is
simply beyond a person’s choice and one must not be in a position to be rewarded or discarded
due to the same.

The concept of consent has gained momentum in the past few years but there is still a long way
to go. The mentality to seek or give sexual favours is based on one’s mentality and what they
deem acceptable in a workplace. It also stems from what one has observed their elders doing
and that subconsciously seems the right thing to do. In addition, the grave act of misconduct
largely has a bottom down effect, that is, it is carried out by higher authorities on workers or
employees below them. This makes me ponder that sexual harassment is typically an
aggravated form of abuse of power in the obscenest sense possible. It is an outright violation
of modesty and dignity of a worker and an individual. All persons at a workplace whether in
India or the UK deserve to work peacefully in an environment free from sexual misconduct or
any act they did not consent to. A simple no means no and the greater number of people
understand that, the safer and more effective a workplace will be!

On analysing the legislations and cases of sexual harassment in India and the UK, it can be
clearly concluded that nationality or sector or level of education or sophistication is no sense
of barrier for treating workers properly. This misconduct arises solely from the mentality of
such sexual misdemeanours and can exist anywhere. However, in India Prevention laws are
directed to protect women proactively due to the age long contentions that they are not
supposed to work and can be taken advantage of. In the UK equivalent wrong is observed
against the male fraternity, gender is not so much a barrier as it is in India where there is
excessive prevalence and influence of gender stereotypes and norms. The question is not about
which country has better or more effective prevention laws as there is very different level of
awareness in both. Furthermore, the effectiveness of laws also depends on how it is taken and
accepted by the people and hence practiced. Both the countries have their unique issues to deal
with and enhance laws accordingly to prevent sexual harassment.
CONCLUSION

It is quite an ordeal to link the right balance between ‘inalienable right to work’ and ‘right to
work with dignity’ which makes sexual harassment as a recognisable offense. It is not one
specific act that is objectionable but several disperse acts that build a questionable conduct
which are often not possible to define or confine. The power of harassment lies in its diffused
nature and the fact that it is not always overt but also subtle or hidden which widens its
implications. However, due to the presence of this grey area of interpreters, perpetrators must
not be let free on account of benefit of doubt. There is an extremely thin line between ‘normal’,
‘natural’ and ‘acceptable’ and how offenders of sexual harassment are punished is determined
by the violation and intertwined nature of these.

Laws provide road maps and beacons right direction to move on. The high magnitude in which
sexual harassment is prevalent today requires reorientation of laws which should be simple and
effective. Delay in justice is not acceptable and this must change along with the mentality that
makes harassment acceptable! Whether it is India or UK, no law can prevent any form of
harassment so far there is intent in the human mind to perform such gross misconduct thus
reform in mentality and level of awareness is the first step to prevention of sexual harassment
prevention.
REFERENCES

(1) https://cms.law/en/int/expert-guides/cms-expert-guide-on-sexual-harassment-in-the-
workplace/united-kingdom

(2) https://www.mondaq.com/india/employee-rights-labour-relations/876830/sexual-
harassment-of-women-at-workplace-a-brief-analysis-of-the-posh-act-2013

(3) https://www.indialegallive.com/top-news-of-the-day/news/a-comparative-analysis-
sexual-harassment-at-workplace/

(4) https://blog.ipleaders.in/sexual-harassment-prevention-laws-india/

(5) https://www.un.org/womenwatch/osagi/pdf/whatissh.pdf

(6) https://www.hrw.org/report/2020/10/14/no-metoo-women-us/poor-enforcement-
indias-sexual- harassment