TITLE OF DISSERTATION

SAFE WORKING ENVIRONMENT FOR WOMEN

IN WORKPLACE

A DISSERTATION SUBMITTED TO GURU GOBIND SINGH INDRAPRASTHA

UNIVERTY, DELHI IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR
THE DEGREE OF BACHELOR OF LAWS

By

SATVIK SINGH

36451103819

UNDER THE SUPERVISION OF

Ms. NEHA SHARMA ASST. PROF. OF LAW

SCHOOL OF LAW

DELHI METROPOLITAN EDUCATION

BATCH 2019-2024

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 DECLARATION

I, Satvik Singh Student of BA LLB / BBA, hereby declare that the dissertation titled “Safe
working environment for women” which is submitted by me to DME Law School, in partial
fulfillment of the requirement for the award of degree of B.A.LL.B / B.B.A.LL.B by the Guru
Gobind Singh Indraprastha University, Delhi is my original work. It is further declared that
all the sources of information used in the dissertation have been duly acknowledged. I
understand that the dissertation may be electronically checked for plagiarism by the use of
plagiarism detection software to assess the originality of the submitted work.

Place:…………
Date:………….

…………
(Signature of the Student)
Satvik Singh

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 CERTIFICATE

On the basis of declaration submitted by Satvik Singh, student of BALLB / BBALLB, I

hereby certify that the dissertation titled “Safe working environment for women” submitted to
the DME Law School, in partial fulfilment of the requirement for the award of the degree of
B.B.A.LL.B by the Guru Gobind Singh Indraprastha University, Delhi has been carried out
by him/her under my guidance and supervision.

…………..………..……
Ms. Neha Sharma
ASST. PROF. OF LAW

Place- …………………..
Date - ……………………

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 ACKNOWLEDGMENT

I would like to express my sincere gratitude and appreciation to all those who have
contributed to the completion of this dissertation. Without their support, guidance,
and encouragement, this endeavor would not have been possible. First and foremost, I
would like to thank our Director General DME Hon’ble .Justice Bhanwar Singh and
Assistant Director Dr. Rashmi Khorana Nagpal Professor Dean, DME Law School,
for providing me with this opportunity. Further i would like to extend my regards to
my Professor Ms. Neha Sharma for their invaluable guidance, insightful feedback,
and unwavering support throughout the research process. Their expertise and
dedication have been instrumental in shaping the direction of this dissertation.

I am also thankful to the faculty members of Delhi Metropolitain Education for their
knowledge, expertise, and willingness to share their insights. Their teachings and
mentorship have played a crucial role in shaping my academic journey.

I extend my gratitude to my friends and classmates who have provided continuous

support and motivation throughout this research. Their encouragement and
discussions have enriched my understanding of the subject matter and kept me
motivated during challenging times.

Lastly, I would like to express my deepest appreciation to my family for their

unwavering love, support, and understanding throughout my academic journey. Their
belief in my abilities and constant encouragement have been my source of strength.

In conclusion, I extend my heartfelt thanks to all those who have contributed to the
successful completion of this dissertation. Their support and contributions have
played a significant role in shaping this research and my personal growth as a
researcher.

Thanks, and Regards

Satvik Singh

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 Table of Contents

Declaration

Certificate

Acknowledgement

Table of Contents

Table of Cases

Chapter 1: Introduction

Chapter 2: Conceptual Framework

 Theoretical foundations related to gender-based discrimination and harassment

 Socio-cultural factors influencing workplace safety for women in India

Chapter 3: Legal Framework and Policy Analysis

 Overview of relevant laws, statutes, and regulations pertaining to workplace safety for
women in India
 Examination of the Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act, 2013
 Analysis of policy initiatives and their implementation

Chapter 4: Gender-Based Discrimination and Harassment in Indian Workplaces

 Overview of gender-based discrimination and harassment faced by women in different
sectors and industries
 Case studies and examples highlighting specific challenges and experiences of women
 Impact of gender biases and stereotypes on workplace safety

Chapter 5: Judicial Pronouncements

 Role of judiciary in developing the law

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Chapter 6: Conclusion and Recommendations
 Summary of key findings and contributions to the field
 Discussion of the implications for policy, practice, and further research
 Recommendations for enhancing workplace safety for women in India

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Table of Cases

1. Vishaka v. State of Rajasthan ((1997) 6 SCC 241)

2. Rupan Deol Bajaj v. KPS Gill and Anr 1996 AIR 309, 1995 SCC (6) 194

3. Apparel Export Promotion Council v. A.K. Chopra AIR 1999 SC 625

4. R.B.S. Chauhan v. Reserve Bank of India & Others 2003 (2) AWC 1007, 2003 (97) FLR
359, (2003) IILLJ 634 All, (2003) 3 UPLBEC 2543

5. Meritor Saving Bank v. Vison 477 U.S. 57 (1986)

6. Saudi Arabian Airlines v. Shehnaz 1999 (1) BomCR 643, (1999) 1 BOMLR 687, 1999
(81) FLR 767, (1999) IILLJ 109 Bom, 1999 (1) MhLj 489

7. Andhra Pradesh v. P.B. Vijay Kumar 1995 AIR 1648, 1995 SCC (4) 520

8. Delhi Public School Society v. the National Commission for Women WP (C)
No.1730/2001

9. IFS v. Union of India AIR 1979 SC 1868 a, (1979) 4 SCC 260, 1980 1 SCR 668, 1980
(12) UJ 289 a SC

10. Mackinnon Mackenzie and Co. Ltd. v. Audre D'Costa 1987 AIR 1281, 1987 SCR (2)
659.

11. Ramesh Thapper v. State of Madras 1950 AIR 124, 1950 SCR 594

12. Kharak Singh v. State of Uttar Pradesh 1963 AIR 1295, 1964 SCR (1) 332

13. C. Masilamani Mudaliar v. Idol of Swaminathaswami Thirukoil 1996 AIR 1697, JT

1996 (3) 98

14. Keshvananda Bharati v. State of Kerala Writ Petition (civil) 135 of 1970

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15. Municipal Corp. of Delhi v. Female employees Special Leave Petition (civil) 12797 of
1998

16. Medha Kotwal Lele v. Union of India WRIT PETITION (CRIMINAL) NOS. 173-177
OF 1999

17. Minister for Immigration and Ethnic Affairs v. Teoh (1995) 183 CLR 273.

18. Nilabati Behera v. State of Orissa 1993 AIR 1960, 1993 SCR (2) 581

19. Radha Bai v. Union Territory of Pondicherry 1995 AIR 1476, 1995 SCC (4) 141

20. Vasantha R. v. Union of India (2001) IILLJ 843 Mad

21. Samridhi Devi v. Union of India 125 (2005) DLT 284, 2006 (3) SLJ 225 Delhi

22. Additional District and Sessions Judge X v. Registrar General WRIT PETITION
(CIVIL) NO. 792 OF 2014

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 CHAPTER 1
INTRODUCTION

1.1 Introductions
The issue of ensuring a safe working environment for women has garnered significant
attention in recent years. With the increasing participation of women in the workforce, it has
become crucial to address the challenges and barriers they face in order to create an inclusive
and secure environment. This socio-legal analysis aims to explore the multifaceted
dimensions of ensuring a safe working environment for women, examining both the social
and legal aspects surrounding this issue. The workplace should be a space where individuals
can thrive professionally, regardless of their gender. However, women have historically faced
various forms of discrimination, harassment, and violence in work settings, impeding their
progress and well-being. In light of these challenges, governments, organizations, and
activists have sought to develop comprehensive strategies and legal frameworks to protect
women's rights and ensure their safety at work. At a social level, cultural norms and gender
stereotypes play a significant role in shaping the experiences of women in the workplace.
Societal expectations regarding gender roles and capabilities often result in biases, limiting
opportunities for women and subjecting them to unequal treatment. This analysis will delve
into the social dynamics that perpetuate gender-based discrimination and the subsequent
implications for women's safety.
Legally, numerous international conventions, national legislations, and workplace policies
have been enacted to address the issue of a safe working environment for women. These legal
frameworks aim to prevent sexual harassment, promote gender equality, and establish
mechanisms for reporting and redressal. By examining these legal provisions, their
effectiveness, and their implementation, this analysis seeks to evaluate the progress made in
safeguarding women's rights in the workplace.
Moreover, this socio-legal analysis will highlight the intersectionality of gender with other
factors such as race, ethnicity, class, and sexuality, as these intersecting identities often
exacerbate the challenges faced by women. It is imperative to consider these multiple
dimensions of discrimination to develop comprehensive strategies that address the unique
experiences of diverse groups of women. In addition to legal measures, it is equally important
to foster a culture of respect, inclusivity, and gender sensitivity within organizations. This

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analysis will explore initiatives such as gender mainstreaming, diversity training, and the
promotion of women's leadership roles as vital steps toward creating safer working
environments.
The economic benefits of ensuring a safe working environment for women cannot be
understated. Studies have consistently shown that gender equality in the workplace leads to
increased productivity, improved organizational performance, and enhanced economic
growth. Recognizing these benefits, businesses and employers have a vested interest in
proactively addressing issues related to women's safety. In conclusion, this socio-legal
analysis sets out to examine the challenges, progress, and future directions in creating a safe
working environment for women. By considering the social and legal dimensions, as well as
the intersectionality of gender with other identities, we can better understand the complexities
of this issue and identify effective strategies for promoting gender equality and women's
empowerment in the workplace. Through collaborative efforts between governments,
organizations, and society as a whole, we can strive towards creating inclusive and secure
work environments that allow women to thrive and contribute to the progress of society as a
whole.

1.2 Literature Review

The issue of creating a safe working environment for women in India has gained significant
attention in recent years. With the increasing participation of women in the workforce, it has
become imperative to address the challenges they face and ensure their safety and well-being.
This literature review aims to explore existing scholarly works and studies that shed light on
the issue of gender-based discrimination and harassment in Indian workplaces, with a focus
on efforts to create a safer environment for women.
 Gender-Based Discrimination and Harassment in Indian Workplaces
Numerous studies have highlighted the prevalence and various forms of gender-based
discrimination and harassment faced by women in Indian workplaces. A study by Priya
Nanda and Ravi Verma (2019) examined workplace sexual harassment in India and found
that a significant proportion of women experience verbal, physical, and psychological
harassment. The study emphasized the need for comprehensive policies and interventions to
address this pervasive issue.
 Legal Frameworks and Policy Initiatives
India has implemented legal frameworks and policy initiatives to combat gender-based
discrimination and harassment. The Sexual Harassment of Women at Workplace (Prevention,

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Prohibition and Redressal) Act, 2013, is a crucial legislation providing guidelines for
preventing and addressing workplace harassment. A study by Swati Shresth and R.K. Singh
(2018) explored the implementation of the Act and highlighted the challenges faced in its
enforcement, including inadequate awareness and limited access to redressal mechanisms.
 Socio-Cultural Factors and Intersectionality:
The socio-cultural factors deeply influence the experiences of women in Indian workplaces.
A study by Suchitra Shetty and Rama Murthy (2020) examined the influence of patriarchal
norms and gender stereotypes on women's safety and well-being at work. The study
emphasized the need for cultural transformation and gender sensitization programs to
challenge prevailing biases and norms that perpetuate discrimination and harassment. Kabeer
(2005) critically analyzes the gender inequalities and women's disempowerment prevalent in
India, highlighting the socio-cultural barriers that hinder women's access to a safe and equal
working environment. Reddy (2018) critically examines the domestication and dilution of
feminist discourse in India, shedding light on the socio-cultural challenges that hinder the
creation of a genuinely safe working environment for women. Bhatia and Datar (2018)
explore the socio-cultural context of workplace harassment in India, emphasizing the cultural
norms and power dynamics that perpetuate such behavior and hinder women's safety. These
works collectively highlight the need to address deep-rooted socio-cultural factors and
challenge prevailing norms and biases to foster a truly safe and inclusive working
environment for women in India.
 Organizational Practices and Interventions:
Organizations play a critical role in creating a safe working environment for women. A study
by Shikha Bagga and Seema Sharma (2017) explored the impact of gender-sensitive
organizational practices on women's safety and empowerment. The study highlighted the
significance of policies such as flexible work arrangements, mentorship programs, and
grievance redressal mechanisms in fostering an inclusive and secure workplace.
 Reporting and Redressal Mechanisms:
Access to effective reporting and redressal mechanisms is crucial for women facing
workplace harassment. A study by Rekha Pappu and Kameshwari R (2016) examined the
experiences of women utilizing redressal mechanisms under the Sexual Harassment Act. The
study emphasized the importance of ensuring confidentiality, sensitivity, and accessibility of
such mechanisms to facilitate women's participation in reporting incidents and seeking justice.

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 Conclusion
The literature review indicates that gender-based discrimination and harassment continue to
be significant challenges in Indian workplaces. The legal frameworks and policy initiatives
implemented provide a foundation for addressing these issues, but further efforts are required
to improve awareness, implementation, and enforcement. Organizations need to adopt
gender-sensitive practices and interventions to create safer work environments. Additionally,
intersectional perspectives should be considered to address the unique experiences of women
from different backgrounds.

1.3 Research Objectives

1. Assess the prevalence and forms of gender-based discrimination and harassment in
different industries and sectors, highlighting the specific challenges faced by women in
the workplace.
2. Examine the effectiveness and implementation of existing legal frameworks addressing
and preventing gender-based discrimination and harassment.
3. Evaluate the role of organizational practices and policies in fostering a safe and inclusive
working environment for women.
4. Examine the reporting and redressal mechanisms available to women who experience
discrimination or harassment in the workplace, assessing their accessibility, effectiveness,
and limitations.
5. Provide recommendations for policymakers, organizations, and other stakeholders to
strengthen legal frameworks, improve workplace policies, and promote gender equality,
ultimately contributing to the creation of safer working environments for women.

1.4 Research Questions

1. How effective are existing legal frameworks, such as international conventions, national
legislations, and workplace policies, in preventing and addressing gender-based
discrimination and harassment, and what factors contribute to their successful
implementation or limitations?
2. What organizational practices and policies have proven effective in creating a safe and
inclusive working environment for women, and what are the key factors that contribute
to their success?
3. How do reporting and redressal mechanisms for gender-based discrimination and
harassment operate in practice, and what are the barriers and facilitators that influence

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 women's access to these mechanisms, as well as their effectiveness in providing justice
and support?
4. How has the judiciary played it part in making workplaces conducive for females?

1.5 Research Methodology

Doctrinal research involves a systematic and analytical approach to analyzing existing legal
doctrines, statutes, case laws, and other legal sources. The methodology emphasizes a
comprehensive literature review, careful source selection, in-depth analysis, and the
development of a conceptual framework to provide meaningful insights into the research
question. By following this methodology, researchers can contribute to the understanding of
legal principles, interpretations, and precedents, thus informing legal scholarship and practice.

1.6 Scope and Limitation

The scope of the research study is focused on the Indian context, specifically examining legal
doctrines, statutes, case laws, and other legal sources within the legal framework of India.
The research will delve into the interpretation and analysis of existing legal principles,
statutes, and judicial decisions within the Indian legal system. It may also explore legal
theories, concepts, and arguments that are specific to the Indian context. The study may
encompass different areas of law, such as constitutional law, gender law and criminal law,
depending upon the research topic and objectives.

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 Chapter 2
Conceptual Framework

2.1 General
God made women to be something special. Their bravery, vitality, and leadership are
formidable. As a result, they were instrumental in all spheres of society, including the
political, ecclesiastical, and domestic spheres. Because they are both God's creations, men
and women deserve respect and equal treatment. The consequences for society of losing this
equilibrium are dire. Women were worshipped in ancient times as various deities such as
Luxmai, Devi, Shakti, etc. But as time went on, women's rights activists watched as
discrimination against them persisted in every walk of life. Equal rights, opportunities, and
treatment are seldom discussed openly in our culture. Even though there are laws on the
books that protect women, they nevertheless face discrimination.1
The unequal treatment of men and women in India dates back to prehistoric times. Women
are treated as property and fetishized for their sexuality. She is willing to make any sacrifice,
do anything for the man, and even take her own life if it means keeping up appearances.
Despite the fact that women have long been held up as symbols of honesty, efficiency,
tolerance, and patience, the extent to which female achievements and happiness are
celebrated is often debated. Sexual harassment against women in the workplace is a serious
issue in India. As India continues to develop, it is imperative that women participate equally
in the workforce and assume roles outside the house. More women are entering the labour
force as a result of this need. Women, meanwhile, are not protected in the workplace. Their
coworker and supervisor have been harassing them. Sexual assault, threats, and demeaning
comments are all things they must face on the job. Sex equality is recognized as a basic
human right by every progressive nation. This concept is reflected in the Indian Constitution's
Preamble, Fundamental Rights, Directive Principles of State Policies, and Fundamental
Duties. India has ratified a number of international agreements and human rights treaties
aimed at protecting women's rights, and it has also formed a number of national commissions
to explore matters related to women. Before the 2013 amendments, the Indian Penal Code,
1860's Section 354 read with Section 509 addressed sexual harassment. However, section
354A of the Indian Penal Code now enshrines the 2013 Act against sexual harassment in the

1
Abudullah, R, Jahan, S., & Saha, S. 2008, ―Occupational Stress, Social and Family Difficulties and Job
Contentment of Working Women: Bangladesh Prespective.‖ Daffodil International University, Bangladesh.

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workplace. Most women in the workforce experience sexual harassment at the hands of their
boss, owner, or another male coworker. Harassment of women is not a new issue. However,
the changing social attitude toward women is a result of women's rising engagement in all
domains of labour. It wasn't until the 1997 Vishaka Case that sexual harassment was
officially acknowledged as an issue. Until a legislative enactment is made, the Supreme
Court's guidelines will be in effect. It's 2013 now, and a new law favouring women in the
workforce has been enacted. A positive development toward ending sexual harassment in the
workplace. Thus, it is clear that any type of sexual harassment is intolerable and will not be
tolerated. The development of a nation can be hampered by actions of this nature.2

2.2 Meaning of Sexual Harassment

Harassment of any kind that is based on sexual orientation and has an adverse effect on an
employee's ability to do his or her job or feeling of self-respect is considered sexual
harassment. Harassment of a sexual nature can take many forms, both visible and invisible.
Innuendo and improper displays of affection are two of its milder manifestations. But
sometimes it becomes so bad that it amounts to an attempt at rape. In terms of physical
contact, the recipient may be pinched, grabbed, hugged, patted, leered at, brushed against, or
touched. Constant advances toward physical contact, from initial indications to outright
requests for dates and sexual favours, can be a form of psychological harassment. Workplace
sexual harassment (SH) occurs when a supervisor or other superior person takes advantage of
a female employee's sexuality or gender identity in a way that hinders or prevents her from
making full use of her position in the workplace. So, sexual harassment is defined as any
unwanted sexual advance or behaviour at work that is threatening, offensive, or creates an
atmosphere of hostility. Sexual harassment can consist of any unwelcome and sexually
suggestive behaviour toward an employee. The definition of sexual harassment is broad, and
courts around the world, including the Human Rights Tribunal, have acknowledged this.
Verbal, nonverbal, and physical forms of abuse are all acceptable. According to the
International Labour Organization, the most common forms of workplace harassment are as
follows:

2
Aggarwal, Arjun, 1992, ―Sexual Harassment: A guide for Understanding and Prevention.‖ Torronto:
Butterworths.

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Verbal harassment
Sexually suggestive remarks concerning appearance, weight, or height are a kind of verbal
harassment, as are unwelcome remarks and jokes about personal matters.
Sexually explicit language and discussion are taboo.
Sexually charged phone calls.

Non-Verbal Harassment or Gestural Harassment

Movements of the body, head, arms, face, and eyes that convey meaning, intent, or feeling
are known as gestures. Sexual harassment may include the following behaviors:
Provocative actions including licking one's lips or teeth, holding or eating food, and leering
at a lady or making sexual comments to her while talking to her. In plain sight: a sexual
assault To lower one's pants in front of a woman is included, as well as pornographic imagery,
nude posters, cartoons, and pictures of sexual suggestiveness.3

Physical Sexual Harassment

There are various ways that physical sexual harassment can be attempted in the workplace,
including but not limited to kissing, caressing, or pinching in a sexual way. Psychological
Harassment, Sexual She receives daily calls, is kept waiting, has people stare at her face,
neck, breast, eye, and other areas of her body, has unwanted invites to dinner, drinks, and
movies, and is asked for sexual favours. She is also required to wear sarees, suits, gowns, and
to wear provocative makeup and hairstyles. In the current environment, working women of
any age, social standing, physical attractiveness, position, or economic situation are
susceptible to sexual harassment. In contrast to women at the top of the economic scale, those
at the bottom are susceptible to sexual harassment's most basic forms.

2.3 Definition of Sexual Harassment of Women

Harassment of a sexual nature has psychological, social, and legal implications. Sexual
harassment is not something that can be easily defined or agreed upon by everyone. There
have been a number of attempts to approach the topic of sexual harassment from a fresh angle
of discussion. Feminist activists in the 1970s invented the phrase "sexual harassment," with a
socio-cultural understanding of the phenomenon in mind. Sexual harassment, as defined by
Lin Farley, is "unwelcome, nonreciprocal male behaviour that asserts a woman's sex role over

3
Agnes, Flavia. 1992, ―Protecting women against violence. Review of a decade of Legislation‖, 1980-89,
Economic and Political Weekly. 27 (17): ws 19-33.

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her function as an employee." All of the following are examples of sexual harassment:
inappropriate comments about a woman's body, unwanted physical contact, unrequited
advances on dates, demands for sexual intercourse, and rape. These forms of masculine
behaviour frequently rely on the greater position of men in society, the power of numbers, or
the threat of advancement in the workplace to compel compliance or punish defiance.4
Sexual harassment is defined by the United States Equal Employment Opportunity
Commission as "unwanted sexual advances, requests for sexual favours, and other verbal,
nonverbal, or physical conduct of a sexual nature where submission to such conduct is made
either explicitly or implicitly a term or condition of an individual's employment, submission
to or rejection of such conduct by an individual is used as a basis for employment decisions
affecting such individual or such c."
A great many people consider inappropriate behavior something that occurs at work when a
supervisor offers sexual remarks or attempts to communicate with a representative genuinely.
When undesirable verbal, nonverbal, or actual lead of a sexual sort happens with the
expectation or impact of disregarding the poise of an individual, specifically while making a
scary, debasing, unfriendly, embarrassing, or hostile climate, the European Parliament and
Chamber of the European Association embraced a Mandate characterizing the term as
"inappropriate behavior." General Recommendation No. 23 in regards to Article 11 of the
Show on the Convention on the Elimination of All Forms of Discrimination against Women
was taken on in January 1992 and gives the accompanying explanation on lewd behavior:
"Lewd behavior incorporates such unwanted physically resolved conduct as actual contact
and advances, physically shaded comments, showing porn, and sexual requests whether by
word or activity." This kind of conduct can be humiliating and is possibly risky. At the point
when a lady has valid justification to accept that her protest will hurt her expertly due to
enrollment, progression, or a threatening workplace, this is segregation. In a memorable
decision from 1997, Vishaka v. State of Rajasthan, India's most noteworthy court gave the
principal legitimate meaning of lewd behavior. The High Court's meaning of inappropriate
behavior depends on Article 11 of the Convention on the Elimination of All Forms of
Discrimination against Women and explicitly General Recommendation No. 23 of the
CEDAW Panel.

4
Arjun P. Aggarwal, 2014, ―Sexual Harassment in the workplace‖

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a. A written agreement and money in front.
A request for sexual favours or a demand for them.
b. Exposing audiences to pornographic content.
d. Comments with a sexual overtone.
e. any other unwanted sexual behaviour, whether physical, verbal, or nonverbal.
If the victim has a reasonable fear that any of these actions will affect her ability to perform
her job, earn her salary, or harm her in any way, it is sexual harassment in the workplace.
Situations in the public, private, and nonprofit sectors are all included in this. Discrimination
occurs when a woman has reason to believe that raising an objection will hinder her chances
of being hired, promoted, or just treated with respect in the workplace. If the victim does not
approve of the behavior or objects to it, negative outcomes may occur. This term is included
in the Vishaka recommendations for workplace sexual harassment prevention and
punishment made by the Supreme Court. This term and a few related parts of the law relating
to Lewd behavior in the working environment have been embraced and expounded upon in
resulting legal decisions. Sexual harassment is a violation of a woman's right to equality, life,
and liberty in the workplace. Women are discouraged from applying for jobs as a result,
which impedes their progress toward economic independence and gender equality and creates
a hostile and unsafe work environment.5
The following is the Act 2013's comprehensive definition of sexual harassment when read
together: Any one or more of the following behaviors, either explicitly or implicitly,
constitute sexual harassment:

Sexually explicit unwanted physical, verbal, or nonverbal behavior, such as:

I. actual contact and approaches;
II. ii. an interest or solicitation for sexual blessings;
III. iii. making remarks of a sexual nature;
IV. iv. displaying porn; or
V. v. any other similar behavior.

The following are additional situations, among others, that, if they occur or are present in
regard to or related with any act or conduct of sexual harassment, may constitute sexual
harassment, according to Section 3(2) 28 of the Act.

5
Bhattacharjee, Anannya, 2002, ―The Habit of Ex-Nomination: Nation, Woman and the Indian Immigrant
Bourgeoisie, Public Culture.‖ 5:1, p. 49.
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i. An implied or express promise of receiving special treatment at work.
ii. The threat of receiving unfavourable treatment at work, whether implicit or explicit.
iii. Abusive treatment that might endanger her health or safety.
iv. An implicit or overt threat about her current or potential work situation.
v. Interferes with her job or makes her workplace scary, insulting, or hostile.

Finally, we discover that there are just two fundamental components to comprehending
sexual harassment.
(i) It refers to any sexually explicit behaviour.
(ii)It is unwanted

a. Sexual behaviour Conduct of a sexual character is included in sexual harassment.

Below are some examples of this practise, albeit they in no way represent the whole
spectrum of sexual harassment.6

b. Advances and Physical Contracts Numerous touching and physical contact

behaviours fall under the category of physical sexual harassment, including:

 Sexual assault and forced sexual activity.

 intentional bodily contact, including squeezing, stroking, and touching.
 only extended handshakes.
 any inappropriate physical behaviour.

The wrongdoer was found blameworthy in Rupan Deol Bajaj v. KPS Gill and Anr of
habitually making undesirable methodologies and slapping the offended party in the bum.
Actual badgering is what this motion added up to under area 354, 506 of the Indian Penal
Code, 1860.

6
Choudhari 2007, ―Experience of Sexual Harassment of Women Health Workers in four Hospitals in Kolkata,
India, Report Health Matters‖, Nov. 15 (30), 221-9

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c. Demand or Request for Sexual Favours

In the context of the workplace, this is behavior in which a victim is forced to accept sexual
favors or advances in exchange for promises related to her employment, such as better
working conditions, promotions, or higher pay, or "quid pro quo" sexual harassment.

d. Sexually Coloured Remarks

Unwelcome sexual comments are included in the Act 2013's definition of sexual harassment
in the workplace. The Madras High Court looked at a case of a male worker abusing a female
coworker in a ruling made before the law was enacted. The Court of Appeal reversed the
Labour Court's decision to award the worker, reserving judgment and making the following
observations: Second, respondent not only had the nerve to smack a female employee across
the face in front of other workers, but also to call her a prostitute. The court has no choice but
to condemn such behaviour. In another instance heard by the same High Court, the
respondent-workman used sexist and degrading remarks toward a female employee in front
of a group of male coworkers.7
As a result, this type of sexual harassment is both the most widespread and the most divisive
that women face. Using sexually suggestive language, such as "honey," "sweet heart," or
other similar terms of endearment when referring to a person's appearance.

e. Showing Pornography
Displaying pornographic content with a female employee as the intended audience is clearly
discriminatory and disrespectful. Porn on a laborer's work area or wall sends an assertion
about the business' perspective. Sexually explicit content is frequently displayed in both the
formal and informal sectors. Working ladies might get materials with realistic sexual
substance on their work areas, and working environments frequently have schedules or
pictures of stripped or to some degree dressed ladies in plain view. Men and women who
work in the workplace frequently feel uncomfortable as a result of this kind of presentation,
which conveys the message that women are sexual objects meant for sexual enjoyment.
Women are marginalized and humiliated as a result of such displays.8

7
D. Smith and Vdu Plessis 2011, ―Sexual Harassment in the Education Sector‖, Volume 20011,
8
Das, Veena, 1995, “Critical Events: an Anthropological Perspective on Contemporary India‖, Delhi; New York:
Oxford University Press.

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f. Unwelcomeness of the Conduct
Albeit the possibility of "sensibility" comparable to work environment inappropriate behavior
has still up in the air by Indian regulation, the "unwanted" part of the lead is undeniably a
piece of the definition. Inappropriate behavior is portrayed as "unwanted physically resolved
conduct" and "unwanted physical, verbal, or nonverbal lead of a sexual sort" in the Vishaka
principles. "Unwelcome physical, verbal, or nonverbal conduct of a sexual nature" and
"unwelcome acts or behavior" are also included in the 2013 Act's definition of sexual
harassment. International best practices recognize the necessity of ensuring that the woman
harmed's subjective perspective determines whether a particular action is unwelcome,
unpleasant, or improper in cases of workplace sexual harassment. If a person does not
comprehend this essential aspect of the law, it may result in a variety of interpretations of
what behavior is acceptable or unacceptable in a particular actual setting. As a result, it will
be very difficult for the woman who is complaining to demonstrate that she actively rejected
the approaches. It is possible for a victim of sexual harassment to explicitly state to the
perpetrator that the behavior is unacceptable, or it may be inferred from the way the victim
behaves.

g. Phrase ―sexually determined behavior

While the 2013 Act refers to "conduct of a sexual nature," the Vishaka guidelines describe
sexual harassment as covering several types of unwanted "sexually determined behavior." In
certain places, the law has changed from treating workplace sexual harassment as a civil
sexual offence to treating it as a gender-based wrong. In light of this change, sexual
harassment laws now cover behavior that disadvantages an individual at work by being
unpleasant or degrading to their gender, even if the behavior has no sexual connotations. For
instance, the offender in Harris referred to the victim as "dumb as a woman" and said things
like "you're a woman, what do you know." Supervisors in Faragher declared they would
"never promote a woman to the rank of lieutenant." Therefore, the phrase "sexually
determined behavior" must be understood to include action that is insulting or degrading in a
gender-related context in addition to behavior that has overt or covert sexual connotations.9

9
David Honig 2010, ―Faculty-Student Sexual Harassment Case Study‖, BethuneCookman University.

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2.4 Kinds Sexual Harassment of Women Sexual harassment can chiefly be classified
into two categories:

2.4.1 Quid-pro-quo
2.4.2 Hostile Environment harassment.

2.4.1 Quid-Pro-Quo
This is a Latin phrase that translates to "in exchange for." Since Vishaka, this form of
harassment has been recognised by Indian law, as reflected in subsection 3(2) of the 2013 Act.
Quid-pro-quo Demanding sexual favours and threatening to harm one's career if one says
"no" are the two main components of sexual harassment.

This is a situation in which the employer has the power to cause women to suffer in the
workplace. We can therefore conclude that this individual has some level of power or control
over the victim. Saying things like "If you sleep with me, yours works will be done" is an
example of this. This is also the case when an employee's response to unwanted sexual
conduct is used to make decisions about his or her career, such as whether or not to promote
or transfer the worker. 10
However, a situation of "quid pro quo" sexual harassment may also arise with a coworker
from the same position, such as when a coworker demands sexual favors in exchange for
working together on a team project or when comments from coworkers are taken into account
in an evaluation. A demotion can take the form of dismissal, hiring without promotion,
reassignment with significantly different responsibilities, or a decision resulting in a
significant change in benefits. "A demotion is manifested by a decrease in wage or salary, a
less distinguished title, a material loss of benefits, and significantly diminished material
responsibilities." If the plaintiff can demonstrate each of the aforementioned elements, the
employer bears the burden of proof in a sexual harassment case. Assuming the business can
legitimize its activities, the obligation to prove anything movements to the representative to
show that the expressed legitimizations for the organization's activities are as a matter of fact
guises for biased rehearses. Compensation for their suffering, such as reimbursement for
medical expenses, lost wages, pain and suffering, and other intangible losses, may be

10
Ibid.

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available to those who have been subjected to sexual harassment in exchange for favors.
Punitive damages may even be awarded to successful litigants.11

2.4.2 Hostile Environment Harassment

Harassment in a hostile work environment is defined in Article 2 of the Vishaka standards. In
Apparel Export Promotion Council v. A.K. Chopra, the Indian Supreme Court relied on them
to determine whether the defendant had created a "intimidating and hostile work
environment." Due in part to a reference to a hostile work environment in the guidelines, the
High Court's judgment that there was no sexual harassment was overturned. The idea of a
"Hostile Work Environment," which is not defined in any Supreme Court opinion, is codified
in Section 2(n) read with Section 3(2) of the 2013 Act. The term "unwanted sexually
determined behavior" is not defined in the 2013 Act, however the term is defined in Article 2
of the Vishaka recommendations and Section 2(n). It's important to remember that even
innocuous statements or actions with a sexual overtone can be considered sexual harassment.
A woman's working environment in India may include, but is not limited to, comments about
her fairness or other physical features, questions about whether or not she drinks or smokes,
inquiries about whether or not she dates, men sitting or standing close enough to her that
there is or might be physical contact, men brushing against her breasts while ostensibly
reaching for a pen or glass of water, and men touching her to emphasise a point in
conversation. According to Article 2 of the Vishaka guidelines and the 2013 Act, sexual
harassment can occur even if there was no actual physical contact. Guidelines' Section 2(n)(i)
and its phraseology of "physical contact and advances" are indicative of this. In addition, the
Supreme Court concurred with this view and rescinded its earlier decision in Apparel Export.
Because there was no physical contact between the accused and the victim, the High Court
found that his "attempt to molest her" by sitting too closely and making suggestive statements
did not amount to sexual harassment. Even though no physical contact had taken place, the
Supreme Court determined that the behavior was nevertheless unconstitutional since the
perpetrator had made indecent proposals with sexual overtones. In R.B.S. Chauhan v.
Reserve Bank of India & Others, the petitioner and complainant traveled to Agra and
Mathura to examine a treasure box. They stayed at the same hotel, but each got their own
room. Around 9 o'clock on a weeknight, the petitioner went to the door of the complainant,
saying he needed to talk about something urgent. When he entered her room, he immediately

11
David J. Angelone, Daman Mitchell and Ka Corela 2009, ―Tolerance of Sexual Har assment: A Laboratory
Paradism‖, Springer Arch Sex Behaviour ad. Pp. 949-958.
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began demanding food. After dinner, he stayed out with his friends, adding, "I am alone, you
are alone, we can enjoy." According to Justice M. Katju, the petitioner's remarks were overtly
sexist and inappropriate. She continued by saying that the petitioner's actions were repugnant
and unacceptable. To have a prima facie case of sexual harassment in a hostile work
environment, a plaintiff must show the following: i. the plaintiff is a member of a legally
protected group.
The harassment was motivated by sexual tensions.
The plaintiff was subjected to unwanted sexual harassment.
The firm either knew about the inappropriate behavior or should have known about it.
As a result of the harassment, a working condition or perk has been altered.

2.5 Nexus between the Sexual Harassment and the Employment

When a person is subjected to "unwanted sexually determined behavior" that makes them
look bad and puts their health and safety at work at risk, that is harassment. This indicates
that the accuser bears the burden of proving that the harassment was directly related to her
job. If the humiliating acts occurred in the workplace or while the complainant was engaged
in a work-related activity, or if the sexually harassing acts were committed by a person with
whom the complainant had to frequently interact at the workplace, it would be sufficient to
establish the relationship between the conduct and employment.12

2.6 Causes or Reasons of Sexual Harassment

Daughters are looked down upon in our culture. The birth of a daughter brings about
profound sorrow and disillusionment. Our culture is quite patriarchal. Many Indians believe
that their sons are the key to achieving Moksha. They believe that having a daughter is a
waste of money and compare it to watering a neighbor's plant. Violence against women stems
from patriarchal ideas like these. However, modern working women confront several
challenges outside the house at this time. In the workplace, men have a negative attitude
towards women. As soon as the ladies left the safety of their homes and went to work, they
were subjected to a new form of sexual harassment from their male coworkers. There must be
root causes of the difficulties if there are any. For the simple reason that growth requires a

12
Dube, S. C., 2010, ―Men‘s and Women‘s Role in India: A Sociological Review. Women in New Asia‖, Ed., by
Barbara E. Ward 174-203. Unesco.

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foundation for every spreading phenomenon. The causes of the worsening of the situation
are:13

2.6.1 Social and Cultural Factors

Social norms are the single most important element that contributes to sexual harassment.
Limiting sets of values and conventions that work against women's emancipation determine
and preserve women's subordinate place in society. Women are seen as nothing more than
sexual objects and regarded as lower to men in India. The Indian culture is quite patriarchal.
Men in this system view women as inferior to themselves and treat them with contempt and
sexual objectification. Women are profoundly impacted by the norms, practises, and
structures of our cultural system. Gender stereotypes and ideas like "men know best" exist as
well. Women are not taken for what they are worth. Males are privileged over females in this
society. Because of her lack of physical strength, women are perpetually at risk of sexual and
physical harassment from men. The workplace is where this changing social reality becomes
most obvious. Women are increasingly venturing into the historically male-dominated
workforce. This means that both sexes need to adapt to new ways of communicating and
working together. Because of this transition, there is often sexual harassment. When men and
women are uneasy in their new responsibilities, they often revert to old habits of treating
women with disrespect and demeaning stereotypes. Harassment of a sexual nature is not an
expression of sexuality, but rather an expression of power in an imbalanced relationship.
There are several ways in which women's professionalism and the right to a safe and
supportive workplace are undermined, including physical molestation, sexual comments or
jokes, mental disregard for a woman's working abilities, and systemic discrimination. Women
are viewed as solely capable of childbearing and light housework. Indian males have a low
opinion of women who leave the house to work because they believe women should stay at
home. A social movement for the advancement of women is urgently required. Both
CEDAW and the Criminal Justice Reform Act of 2013 are positive developments for
women's rights.14

13
Gupta Ritu, 2014, ―Sexual Harassment at workplace‖ Publication, Lexis Nexis
14
Hawley, John Stratton, 1993, ―Sati, the Blessing and the Curse: the Burning of Wives in India‖, New York :
Oxford University Press.

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2.6.2 Religious Inequality
There is a universal religious belief that God created everything. All faiths teach that we
should have compassion for all other beings. Despite this, all major world religion's holy
texts contain passages that are discriminatory and demeaning. In the name of their faith,
people conform to these standards. The role women play in our culture shifts with time.
Women enjoyed an exalted status throughout the Vedic era. They had complete liberty and
fair treatment. Without his wife, he lacked the mental capacity to carry his religious
responsibilities. The status of women, however, shifted after the Vedic period. Manu, the
great Hindu lawgiver, had a lot to say about women and their place in society. Pitha
Rakshathi Knowmare, he claims. Raskhathi Bhartha Yowane Rakshanthi Sthavire Puthra
Nasthri Swathanthra Harhathi, which translates as "a woman is protected by her father in her
youth," her husband in her middle years, and her children in her later years. As a result, a
woman cannot maintain her autonomy. Women's status changed drastically for the worse
during the Middle Ages. Islam also recognised the inherent worth of both sexes. But it also
took a discriminatory stance against her by barring her appointment as Imam or Kazi.
In India, religious rules and rituals have a significant impact on society. Any religion that
promotes or condones sexism or violence against women is complicit in perpetuating these
problems.15

2.6.3 Economic Inequality

Economic disparity between sexes is a root cause of violence against women. Most women in
Indian society rely on men for financial assistance. They were supported financially by their
father before marriage, and now they rely on their husband. Women will continue to perform
unpaid domestic labour. In the private sector, they receive very low wages. However, in the
actual world, men and women do not face different economic opportunities in the public or
private sectors on a global scale. However, disparities in wealth exist even in rural areas. At
work, a female employee's boss engages in harassing behaviour. There's a reason males
consider themselves superior to women in the workplace: they're in the majority.16

2.6.4 Low Literacy and Poverty

Women's poverty and illiteracy are two of the main factors contributing to their
marginalisation in our society. In a democratic society where all citizens are expected to fulfil

15
Hengasara Hakina Sangha HHS and Sakshi, 1999, ―Study on Sexual Harassment at Workplace‖, Delhi.
16
Jaising, Indira, 2014 ―Sexual Harassment at Workplace‖, Publication by Universal Law Publishing
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their civil and social responsibilities, "differences which may lead to variations in the
standard of intellectual development achieved by boys and girls cannot be envisaged."
Female workers in low-income sectors often face sexual harassment because of their lack of
education. The rate of female illiteracy is especially concerning in less advantaged parts of
society and in rural areas. Girls in these communities often stop going to school at a young
age to help out at home. Due to their lack of legal knowledge, rural working women get paid
less than their urban counterparts.

2.6.5 Legal Obstacles and Lack of Awareness

The repressed women of India are not adequately protected by Indian law. Although
"secularism" is included in the preamble of India's constitution, the country is anything from
secular. Women's status is influenced by the personal rules of several religions, like
Hinduism, Islam, Christianity, etc. Even while the Constitution guarantees everyone the same
protections under the law, our current judicial system clearly favours men. While a new
legislation protects working women from discrimination, violence against women still occurs
in the workplace. A number of respondents claimed ignorance of Supreme Court precedent
and legislation governing sexual harassment in the workplace. Several women also voiced
concerns that a complaints committee would not be fair to them, would treat their complaints
with little seriousness, would be stacked with people who would side with the harasser if they
were powerful, and would discriminate against them in the process. Women face many
barriers that prevent them from filing an official complaint. There is a societal bias towards
blaming women for initiating sexual harassment, yet these challenges also reflect women's
limited agency in the workplace.17

2.6.6 Impact of Media or Role of Media

Television has become an integral part of daily life in both developed and developing
countries, and is often credited with playing a pivotal role in the fight for women's rights and
gender equality. However, the truth of how women are portrayed on TV now is diametrically
opposed to what is shown. These days, most people get their news and information from the
television. Women are viewed solely as sexual objects. There's also a rise in the popularity of
B-movies and music. Songs from the film, such as "Tu cheeze badi h mast-mast" and "kya
cheeze ho tum tumko abhi malum nahi hai," portray women in a demeaning light. This

17
. Jane Gallop, 1997, ―Feminis Accused of Sexual Harassment‖, Duke University Press Durham and London

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demonstrates that men view women as a cheeze, or a sexual object. Crimes committed
against women have increased in recent years, and one contributing element is the media's
provocative portrayal of women. Media such as television and computer pornography/the
internet are having a detrimental effect on the social standing of women.18

2.6.7 Non-Reporting of Cases or Victim‟s Silence

Both homegrown and proficient lewd behavior are bound to be unreported by the person in
question. Women have been socialized to think that they should mentally prepare for these
kinds of situations and ignore any kind of harassment or assault they might face. Ladies have
been hesitant to emerge and gripe about lewd behavior in the work environment for various
reasons, remembering the long history of inappropriate behavior for the workplace and the
commonness of corporate order. According to cultural norms, women are expected to work
as maids for men. They attribute everything that has gone wrong to themselves. We need to
look at what happens to a woman when she lets out her frustrations if we want to understand
why women don't complain. The next may assist with making sense of why bugged ladies
have stayed quiet and inactive:

2.6.7.1 Fear of Stigma

The fear of repercussions from others is cited by an overwhelming majority of women as the
primary barrier to filing complaints. When you ignore man passes, for instance, the
assumption is made that you are having an affair. The woman's feelings of hopelessness and
shame then prohibit her from speaking up. They worry that if they speak out against sexual
harassment, they would be demeaning women and their families. She's constantly worried
that others won't like her once she complains. A woman will not disclose sexual assault
because she values her privacy and respects the norms of society.19

2.6.7.2 Fear of Reprisal

Many women avoid reporting sexual harassment out of concern for their jobs, promotions, or
careers as a whole. When a woman complains to management about sexual harassment, she
is typically met with accusations that she is inefficient and unqualified for her position.

18
Ibid.
19
Kanter Rosabeth Moss. 1977, ―Men Women of the Corporation‖, New York: Basic Books.

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2.6.7.3 Lack of Support from Colleagues
When it comes to addressing sexual harassment of female coworkers, workplace unity
appears to be severely lacking. Coworkers who speak up against sexual harassment face
retaliation from management. Transfer, delays in loan approval or retirement benefit
processing, etc. are all examples of what may be in the offing. At the end of the day, we can
state that the major reason for not reporting the incidents is social conduct, fear of losing
work, lack of awareness, lack of official assistance, fear of stress and strain, fear of media,
difficulty in proving the crime, and social pressure. Reporting sexual harassment or assault is
crucial for women's safety. Because of victims' silence and refusal to come forward, sexual
harassment in the workplace continues to occur.20

2.6.8 Other Factors

The instances of lewd behavior of lady at working environment are expanding step by step. In
addition to the aforementioned factors, the following factors are also contributing to an
increase in workplace sexual harassment:
i. No weighty discipline for such offenses.
ii. Political and family pressure.
iii. disrespect for women and their honesty.
iv. Expanding number of working lady.
v. A filthy and poor family environment.
vi. Humanism was less discussed than feminism and masculinism.

2.7 Sexual Harassment – Effects

Lewd behavior at working environments is probably going to have a wide assortment of
implications, both on the people in question and on the associations too. Recognizing the
negative effects of sexual harassment is crucial. Victims of sexual harassment experience
varying degrees of harm. Lewd behavior is manipulative and amateurish way of behaving. It
threatens women's economic well-being and amounts to economic coercion. It likewise relies
upon the sort of inappropriate behavior conduct and nature and profound reaction of the
person in question. It creates a hostile, intimidating, or offensive work environment and can
damage both the victim's and the accused's reputation. It is inappropriate utilization of ability
to blackmail sexual delight and comprises of misperception or misconception of an

20
Ibid.

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individual's expectations. It mirrors a power relationship, male over female. Even
stenographers, secretaries, and other positions are not performed by people's assistants.
because the boss will ask a secretary to stay late to finish a report after making a
complimentary sexual comment to her.21
Because it has multiple effects on individual women and all adds up to losses for the
organization as a whole, sexual harassment in the workplace can have cumulative effects on
the entire organization if it spreads. Inappropriate behavior at work environment influences
the casualties as well as influences the business too. Now, we separately considered the
effects on victims and employers.
Sick leave and medical insurance costs are passed on to the employer by employees who miss
work because of illness or because of repeated harassment. While at work, casualties are
probably going to be less useful and less propelled on the grounds that they basically loath
being working. As a result, they produce less work of a high quality and quantity, which has a
cumulative effect on the organization. She feels like she is stuck. She dreaded being
approached the telephone in the early morning, having her home watched or being continued
in a vehicle. Focus, inspiration, work execution and participation were antagonistically
impacted and confidence declined. Fear of being fired or fired, resignation, or an unwelcome
transfer Passing up preparing or advancements. career prospects are harmed, and benefits and
privileges related to service are lost. Suicide is a grave repercussion of sexual harassment.
Women who are sexually harassed are referred to as "loose or tainted" by cultural norms,
who view them as having initiated the harassment. Some women commit suicide because
they are ashamed of having to deal with this stigma. To put it succinctly, most women
experience psychological rape. They experience post-rape trauma, including low self-esteem
and confidence, anxiety, humiliation, and guilt about being "responsible." The victim's
character is frequently misrepresented in scandals. If an employee experiences enough sexual
harassment to make her work life unpleasant, her most common response will be to seek new
employment unless there is an effective remedy.
Underperformance is a common justification for harassing a female employee who declines
sexual advances. When an employee's job performance, mental or physical health, or level of
job satisfaction are negatively impacted by the offending behavior, it is considered sexual
harassment. When it has a negative effect on the worker or disadvantages members of that
worker's group, in this case women, over other groups, such as men, any behavior is

21
Kumar, Radha,2009, ―From Chipko to Sati: The Contemporary Indian Women's Movement,‖ in Basu, Amrita,
1995, ―The Challenge of Local Feminisms‖ Boulder: West View Press, Chapter 2, pp. 58-86.
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considered harassment. Sexual harassment in the workplace as a whole is a covert
occupational risk that affects women's personal lives, physical and emotional health, and their
capacity to remain in a marriage or other relationship with a man. A woman said that because
she couldn't stop harassment, she was glad she was born a woman.22
Accepting sexual harassment in the workplace is generally acknowledged to be poor
management. In the long run, it is in the company's best interest for managers to treat their
employees with respect. In addition to the previously mentioned reductions in pay and
medical insurance, other consequences for a business include decreased proficiency and
increased costs. The affected women's low motivation and decreased productivity will hurt
their work performance. Costs associated with recruiting and training new employees may
also emerge as additional expenses when an employer fails to implement any effective
invention. According to the commission of European social class as needs be, in pure
financial terms preventing licentious conduct will save more money than the cost of
permitting prurient way of behaving to continue.23

2.8 Historical Perspective

Despite women's historical status as a heavenly force in India, the country's many cultural
traditions have given them distinct roles in contemporary society. As a result, women's roles
vary greatly from one Indian community to the next. Women hold a special place in every
culture, advanced or primitive, developed or undeveloped. As civilization progressed, it
became clear that women's statuses had been raised generally. In Indian thought, women have
conflicting traits. She is both the passive, compassionate, and threatening Shakti and the
aggressive, self-serving Akasha. Women's roles have shifted significantly as society as a
whole has evolved. The transition, however, is not simple. Sexual harassment is a pervasive
problem in the workplace, affecting millions of women. In truth, nature has aided man in his
dominance over society's underdogs. There are additional causes for the deterioration of the
most vulnerable groups, notably women. How and why women's roles have evolved through
time is a topic best explored by looking at historical records. Although there have been a
number of laws created in India and on a global scale to improve women's rights and end
violence against them, neither goal has been realised. 24

22
Lewis, Reina, 1996, “Gendering Orientalism: Race, Feminity and Representation,‖ London; New York:
Routledge.
23
Linda Gordon Howard 2007, ―The Sexual Harassment Handbook,‖ Career Press Publication Franklin Lakes,
NJ0741
24
Lin Fairely; Sexual shakedown: The Sexual Harassment of women in the working world, 1980, P 14.

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2.8.1 Women's Status Prior to Independence
Women's history before the age of freedom must include discussions of their place in society
during the Vedic, post-Vedic, and mediaeval eras. The traditional Indian woman was
depicted in numerous ways throughout history. Like Luxmi, Parvati, and Saraswati, she was a
goddess her devotees hailed as a deity. Savitri, Sita, and Draupadi, who represent some of the
finest foils in human history, are also featured prominently. We'll talk briefly about women's
roles in ancient society now.

The Vedic Era

During the Vedic period, women enjoyed unprecedented levels of independence and equality
with males. Women of this era were active in all spheres of society. Women were given
complete autonomy and an education at a Gurukul. Powerful women like Apla, Visvara,
Yamini, Gargi, etc. have risen to the top of society's food chain. They improved their skills in
art, music, and even warfare. According to Upnishad, a woman should be a man's "true
companion." According to the Rig-Veda, a married woman is treated like a queen in her
home. This exemplifies how highly women are regarded. Without his wife, he lacked the
theological knowledge necessary to carry his religious responsibilities. Widows were free to
remarry and there was no preference given to either boys or girls when it came to marriage.
Therefore, the thread ceremony became an option for young women. Women were given
equal rights to males and were free to choose their own spouses and engage in any public or
private social activity. 25

Time After the Vedas

In Atharva Vedic times, restrictions were placed on women's formerly elevated status and
liberties. People began praying to stop the birth of a daughter. The son's position in the family
was highly valued. According to Manu, women during this time period were subjected to
severe limitations and sufferings. He helped establish a culture in which men were superior to
women. When a girl child was born, it was seen as a tragedy. Girls were not allowed to go to
school. Women are viewed as little more than property after the Rig-Vedic period. Draupadi
was a pawn in the gaming scene of the Mahabharata. Draupadi's modesty was threatened, and
not even the family's most senior members, including Bhisma Pitamaha, intervened. However,

25
Mackinnon, Catherine. 1979, ―Sexual Harassment of Working Women,‖ New Haven, CT.

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Ravana cared more about women's respect than previous kings. According to the Ramayana,
even though Ravana had the power to make Sita give in to his love, he preferred that she do it
voluntarily. Since the time of the Mahabharata, it would appear that the position of women in
our society has been steadily declining. Manu, on the other hand, thought that all religions
were more effective when women were venerated and less effective when they were
dishonored. Surprisingly, the post-Vedic period saw the recognition of women's property
rights and the triumph of the stridhan notion. 26

Time of the Mediaeval Knights

The conquest of India by Alexander the Great and the Huns severely deteriorated the status of
women during the Middle Ages. Women were discouraged from going to school or being
involved in local politics. Polygamy and the Devdasi system were also frequently practised in
rural areas. Child marriage, sati, and female infanticide were just a few of the societal ills that
flourished throughout this time period. Thus, women in the Middle Ages were subjected to
exploitation on all fronts. The house was a woman's domain during the Mughal era. They
were put in a state of purda. Men might legally have up to four wives under Islamic law. She
was free to wed a partner from a different faith. During the sutra period, Gouthama,
Boudhayana, and Kautilya were all influential thinkers. Gouthama advocated for early
marriages and outlined certain responsibilities for the bride. Budhayana believed that women
did not belong with the same degree of autonomy as males. Kautilya also opposed divorce
and remarriage, limiting the independence of women in society.

2.8.2 Women's Role During the British Era

During the British era, women's roles shifted dramatically, mostly as a result of the western
influence on the Indian social and cultural pattern. Egality, freedom, and individual
secularism did emerge, but they were confined to the elite. The British landed in India and
immediately had issues with Indian women. Child marriage, the purdah system, widowhood,
and the practice of sati partha all reached all-time highs during this time. These negative
factors contributed to women's poor social standing. The status of women was an issue that
many advocates for social change sought to address. During the British era, several
significant movements occurred, but two are particularly relevant to the discussion of
women's rights. Social reformers come first, followed by nationalists. In India, the Social

26
Manisha Sharma, 2015, ―Law on Protection Against Sexual Harassment of Women At Workplace‖ Orient
Publishing Company
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Reform movement helped elevate women to the same level as males. According to the
reformers, societal change might be brought about for women if they were given equal
educational opportunities and if progressive laws were enacted. Annie Besant, Dayanand
Saraswati, and Swami Vivekanand all believed that the ancient Vedic Period should be
recreated since it was so progressive towards women. The Prevention of Sati Act (1829) and
the Widow Remarriage Act (1856) are two examples of laws enacted at this period that
directly affect women. Many people took notice of the Nationalist Movement, and it gave
women the courage to speak out against the repressive regime. The All-India Women's
Conference was established in 1927 and has since become an important social organization
for women's rights. A variety of laws, including as the Child Marriage Act and the Hindu
Women's Right to Property Act, were passed during this time in an effort to eliminate various
societal problems. The position of women during the Vedic time was reinstated via suitable
changes to the rules of industry regulations. Under the auspices of the nationalist movement,
crèches were established, working hours were cut, nighttime employment was banned, and
access to the mines was limited. 27

2.8.3 Women's Status After Independence

Women in India now have a higher status than they had after independence. Inheritance
rights were extended to daughters. Widows have the option to remarry. Despite the fact that
there have been several laws enacted to better the position of women in society, she continues
to face obstacles at every turn. The term "working women" only emerged as time went on. To
better their financial situation, they leave the house and go to work. Before, women weren't
allowed to work outside the home for financial reasons because it was seen as dishonorable to
the family. However, as the cost of living and the range of necessities increased, more
women, both single and married, began to enter the workforce. The conventional housewife's
position has increasingly given way to the more rewarding roles of both worker and
homemaker. Although the first working woman was a revolutionary event in Indian culture,
she faced skepticism and suspicion because of the inherent difficulties of her situation. This
phrase suggests that women have nowhere to go that is secure. The workplace introduced a
whole new set of difficulties. They face harassment at home from their husbands, in-laws,
and others, and at work from their peers and superiors. The issue arose out of the ill and
fundamental nature of man's control and was not deliberate or intentional. These actions lend

27
Marin, Amy, J. and Guadagno, Rossanna. E. 1999, ―Perceptions of Sexual Harassment Victims as a
Functioning of Labeling and Reporting, Sex Roles,‖ 41, pp. 921-940.

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credence to the belief that no matter how far a woman rises in society or how much she
proves her worth, she will always be devalued by the incompetent. Women experienced a
new form of demeaning treatment at the hands of their male coworkers as they ventured out
of the house for the first time to begin working. This threat is not limited to any particular
segment in society, but rather has become a huge shock to a wide cross-section of people.
Even in this modern, globalized, technological age, a woman might still fall prey to violence.
This issue has limited the protection of rights granted in a number of documents at the
national, regional, and international level, and it affects all types of workplaces, whether they
are organized or unorganized, public, private, or governmental. Sexual harassment in the
workplace is one of the most serious issues that women nowadays must face and suffer.
Women in the workforce are understandably terrified by this issue. Women are subjected to a
"unhealthy and immoral atmosphere to work" because of sexual harassment. It is now widely
acknowledged that sexual harassment is a severe global problem since it violates several
fundamental women's rights, including the right to life, personal liberty, security, human
dignity, and freedom from torture and cruel or humiliating treatment. Sexual harassment as a
concept is not new, although the phrase itself originated in the United States in the 1970s. At
its inception in 1975, the US Congress Senate Committee on Labor and Human Resources
reported that the institute had given a name to a previously taboo dilemma faced by millions
of working women.50 Farely and Working Women United also developed the first definition
of sexual harassment. They define sexual harassment as any form of unwanted and
unwelcome sexual attention, including but not limited to, words, glances, recommendations,
or physical contact, that disrupts an individual's work environment. The first sort of sexual
harassment in the workplace is called "quid pro quo," which literally translates to "this for
that" in Latin and is typically done by those in positions of authority. 28
When a supervisor or employer makes sexual advances towards an employee or changes her
working circumstances in order to acquire what he wants sexually, this is sexual harassment.
The second word is "hostile work environment," which describes any situation in which the
target is subjected to treatment that is unwelcome or even insulting. This is a reference to
sexually inappropriate activity. No one should have to give up their job or risk losing their
benefits over this. To rephrase, a toxic workplace can arise even in the absence of a direct
financial cost. In Meritor Saving Bank v. Vison, the United States Supreme Court established
that sexual harassment might constitute a hostile work environment. The Supreme Court of

28
Ibid.

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India first explicitly defined sexual harassment in 1997 in Vishaka v. State of Rajasthan. In
the case of Rupen deol Bajaj v. Kanwar Pal Singh Gill, the Supreme Court declared that
sexual harassment was a crime under section 354 of the Indian Penal Code, 1860. The
Supreme Court has held that breaching a woman's right to modesty is also an assault on her
person. In Saudi Arabian Airlines v. Shehnaz, the Bombay High Court ruled that a woman's
termination following an allegation of sexual harassment constituted an unfair labour practise
and subsequently restored her. The Supreme Court of India has taken the long-awaited step of
creating binding and enforceable guidelines to eliminate sexual harassment against women in
the workplace, after analyzing the numerous incidents of sexual harassment against working
women and the shocking lack of legislative responses to such acts.29
The reasoning behind this decision was that international law can be used to fill legal gaps in
domestic systems when there is no incompatibility between the two. Vishaka's regulations
gain widespread acceptance. The Supreme Court declared that until a special law is approved
by the government, the Vishaka guideline should be applied to cases of sexual harassment in
the workplace. The Case of Apparel Export Promotion Council v. A.K. Chopra set the
standard for Vishaka's case to follow. Between 1997 and 2013, a number of measures were
proposed to parliament offering rights for working women. Many groups and legal rulings
have demanded that the law be changed to better protect victims of sexual harassment. The
Vishaka ruling was a turning point in the court's fight for equal rights for women.
Parliamentary action was taken at long last in 2013. The law is officially titled the Sexual
Harassment of Women in the Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
The private sector is singled out for regulation under this law. The Supreme Court's definition
in the Vishaka Case and the one established under the 2013 Act are similar. Workers in the
private sector now have their first legally enforceable recourse against their employers
according to the 2013 Act, which requires every firm to form an internal complaints body. To
refuse to cooperate is a criminal offence. Therefore, the 2013 Act may provide a redress
mechanism for women workers across the economic and social divide, including agricultural
laborer’s and women in rural regions who were not previously covered by Vishaka norms.
However, neither Vishaka nor any of the subsequent legal precedents mentioned putting
down any time of limitation for filing accusations of sexual harassment in the workplace,
despite the 2013 Act establishing a three-month term of limitation, expandable to a maximum
of six months. Until then, the Vishaka verdict should be applied in its entirety to all other

29
Mary L. Boland, 2005, ―Sexual Harassment in the Workplace,‖ Sphinx Publication Naperville, Illinois

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preexisting regulatory regimes, and the 2013 Act should be understood as applicable solely to
women in work partnerships.30

2.9 Review
Around half of the world's workforce is made up of women. It is vital that they participate in
the development of the country as a necessary part. Sexual harassment in the workplace is
one of the "occupational hazards" that every working woman must face. Right now, it is
absolutely necessary to change the public's perception of women working. Sexual harassment
in the workplace is a serious violation of the Universal Declaration of Human Rights because
it should not be based on a person's gender. Despite these efforts, sexual harassment of
women in the workplace has increased. The constitution was written so as to involve the law
as an instrument for accomplishing social and financial reasonableness. The majority of
women fear being fired if they report sexual harassment. A new law favoring working
women was enacted in accordance with the Vishaka guidelines of the Supreme Court. The
Act's primary goal is to keep working women safe from sexual harassment and to create a
violence-free environment. Subsequently, any reasonable person would agree that lewd
behavior is an issue that influences ladies all over the place. Every nation today is affected by
this issue. Legal means alone will not be sufficient to stop this evil. The threat must be made
widely known. Society as a whole must change its perspective if women are to feel safe
enough to participate in public life. Employees of all genders ought to treat one another with
dignity and respect. At the point when an individual is exposed to inappropriate behavior at
work, their fundamental basic liberties are disregarded. The opportunity to seek after one's
picked profession is a fundamental piece of the right to life and freedom. As a result, it is our
moral responsibility to ensure that women working in the workplace are treated with the same
respect and safety as men.

30
Michele A. Paludi 1990, ―Ivory Power: Sexual Harassment on Campus,‖ State University of New York Press

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 CHAPTER 3
LEGAL FRAMEWORK AND POLICY ANALYSIS

3. 1 Constitutional Framework
The Indian constitution safeguards all people's rights. Every one of the essential and basic
common freedoms framed in the Universal Declaration of Human Rights, 1948, are ensured
by the Constitution of India to all residents and others. In order to encourage the government
to respect the rights of its citizens, particularly its female citizens, the authors of India's
constitutional document incorporated safeguards for women's rights into the fundamental
rights and principles of state policy of the document. The drafting of the Constitution's
safeguards took into account the long history of discrimination against women. In addition to
other international obligations regarding labor standards, quality of life, and work load, the
legislature enacted a variety of specialty legislation in order to fulfill these constitutional
requirements. The Indian Constitution not only guarantees women's safety but also gives the
government the authority to enact affirmative discrimination policies in their favor in order to
combat the social, economic, educational, and political disadvantages they face.31
It is a violation of basic human rights to be subjected to sexual harassment on the job.
Among the fundamental rights are the rights to work and to live with respect and dignity, to
equality before the law, and to be free from discrimination on the basis of one's gender.
Certain fundamental safeguards are now available to all persons, regardless of their country
of origin. These fundamental protections provided by the Constitution strengthen efforts to
end sexual harassment in the workplace. Article III of the Constitution of India lays forth the
protections accorded to citizens. The third section of the Indian Constitution includes articles
12–35A. 32

3.2 For fair treatment

The right to equality is enshrined in Indian law as a fundamental right protected by the
country's Constitution. The Indian Constitution's guarantee of legal protection for all citizens
stems from Pandit Jawaharlal Nehru's proposal of a "objective Resolution" on December 13,
1946. Nehru, who proposed this resolution in his address, urged the House to go beyond its
words and consider its meaning. Words can be powerful, he went on, but they can't always

31
Powell, Gary. N. 1993, ―Women and Men in Management,‖ 2 nd Edition, Newbury Park, Sage Publications:
CA
32
Price, Lisa S. 2009, ―Sexual Harassment Proclivities in Men, Sex Roles,‖ 17, pp. 269-290.

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convey the magic of the human spirit or the fervour of a nation.(The Resolution) is a feeble
attempt to communicate our core values and long-term goals to the rest of the world. The
Constitution of India guarantees that "no person within India's territory shall be denied
equality before the law or the equal protection of the laws." Since Article 14 of the
Constitution guarantees everyone equal protection under the law, it is often used as a check
on discriminatory practises. However, the Supreme Court has declared that in order to fulfil
equality responsibilities, any inequalities between persons in similar situations must be fair.
Under the principle of reasonable categorization, only people in comparable situations must
be treated the same way legally. The Supreme Court has held that a categorization is neither
unlawful or discriminatory as long as two conditions are fulfilled. (1) That the classification
is established on comprehensible criteria, which distinguish individuals or objects that are
grouped together from those that are left out of the group; and (2) that the criteria have a
rational link to the aim sought to be reached by the impugned legislative or administrative
action.33

The purpose of Article 15(3), the Court said in Government of Andhra Pradesh v. P.B. Vijay
Kumar, is to recognise the persistent discrimination against women in public life and the
workplace. Because of this, women were unable to fully participate in the nation's economic
and social life. In order to guarantee that women no longer face this socioeconomic
disadvantage, Article 15(3) provides them with the means to do so. The court concluded that
providing women with equal access to the workforce is a fundamental aspect of the concept
of gender equality, even though the goal of this section is to improve women's rights more
broadly. 34
Therefore, the Declaration of Human Rights' Article 15(3) grants women expanded
protections in the workplace. Depending on context, the word "special provision" might refer
to either affirmative action or a reservation, as the court ruled in Vijay kumar. In the case U.S.
Verma, Principal of the Delhi Public School Society v. the National Commission for Women,
the Delhi High Court emphasized the need for specialised law to eliminate sexual harassment
in the workplace in accordance with Article 15(3). Following allegations of sexual
harassment, the school conducted an internal investigation of the principal. A follow-up
investigation by the National Commission on Women (NCW) verified the first findings.

33
Probation of Offenders Act‖ published in The AIR Manual, Civil and Criminal, 40, 5th Edition, 1989.
34
Tracy O‘Shea, Jane Lalonde, 1998, ―Sexual Harassment: A Practical Guide to the Law, Your Rights and Your
Options for Taking Action St. Martin‘s,‖ Press ISBN 0312195249

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Because of violations of the Vishaka guidelines and the principles of natural justice with
respect to the complaining teachers, the court found that the NCW is not authorized by statute
to conduct such investigations, but it also reversed the results of the internal enquiry that had
cleared the perpetrator. The court found in favor of the plaintiffs and granted monetary
damages. In the words of the state constitution, "no citizen will be excluded from or
discriminated against with regard to any employment or office under the state solely on the
basis of religion, race, caste, sex, descent, place of birth, or residency." Article 16's second
clause forbids any kind of discrimination on the basis of gender in the public sector
workplace. The Indian Supreme Court acknowledged the need to amend the law in C.B
Muthamma, IFS v. Union of India to conform to Article 16 of the Indian Constitution, which
prohibits discrimination on the basis of sex. Employers were obligated to take action against
working married women under the Indian Foreign Service (Conduct and Discipline) Rules
(1961). According to Rule 8(2), a government worker needs the agency's written permission
before taking time off to care for her family. The services are not subject to usurpation by a
spouse under Rule 18(4). Using the standards of the "equality code" and Articles 15 and 16 as
components of Article 14, the Constitution explicitly prohibits discrimination based on a
person's sexual orientation. Article 14's promise of equal rights for women has been upheld
time and time again as being within the bounds of the Constitution.80 Sexual harassment in
the workplace is seen as a consequence of the patriarchy and gender hierarchy to which
women are constantly subjected, according to feminist criticisms of violence against
women.35

3.3 Expression Freedom

Sexual harassment in the workplace is prohibited by Article 19(1)(g) of the Indian
Constitution.
Article 19(1)(g) guarantees all people the freedom to pursue any lawful profession,
employment, or business. The purpose of clause (g) of Article 19 is to guarantee that private
persons can work without any sort of permission from the government. Instead, the freedom
to choose one's own course in life is a basic human right. The workplace loses efficiency
when women experience prejudice because of their gender. The Supreme Court has often
ruled that workplace discrimination based on a person's gender is unconstitutional. In
Muthamma, sexism manifested itself in the form of unequal service requirements for men and

35
Tripathi, S.C., ―Law relating to women and children‖ 2nd Edition 2006

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women. Furthermore, the Equal Remuneration Act, 1976 can be used by female
stenographers who, while keeping confidentiality, do the same or similar work as male
stenographers to challenge the payment of lesser salaries. This was established in the case of
Mackinnon Mackenzie and Co. Ltd. v. Audre D'Costa. Both men and women could apply for
positions in the support staff pool. Pay disparities between men and women for completing
equivalent work are prohibited by this ruling, according to the court. Neither of these rulings,
however, made clear that sexual harassment in the workplace is a prohibited obstacle to
employment. In the Vishaka case, the Supreme Court ruled that a woman's freedom to
"practise any profession or carry any occupation, trade, or business" (Article 19(1)(g)) is
violated when she is subjected to sexual harassment on the job. Having access to a "safe"
workplace is a prerequisite to finding employment in any industry, but notably in the service
sector. Sexual harassment in the workplace is harmful to women economically and physically.
They will be hampered in their pursuit of a right protected by Article 19(1)(g) of the
Constitution because of this.91 In Apparel export Promotion Council v. A.K. Chopra, the
Supreme Court relied on the ICESCR to rule that women must be provided with a safe and
healthy workplace. It was decided that sexual discrimination against women in the workplace
should be made illegal.36

Remark on the Closing Paragraph of Article 19(1) Regarding Sexual Harassment of Women
Sexual harassment in the workplace is obviously a violation of the freedoms guaranteed by
Article 19, however this is not explicitly stated in the Vishaka judgement. Sexual harassment
in the workplace violates several human rights, including the right to work guaranteed by
Article 19(1)(g).
a. The right to freely express oneself is one example of this freedom.
b. The right to organise and join a union or other group.
c. Unrestricted movement over the whole Indian subcontinent.
The victim's right to free expression may be infringed upon by the presence of a hostile work
environment, making it uncomfortable for her to participate in office group activities,
meetings, and social gatherings; the victim's right to freedom of association and union may be
infringed upon by the creation of a hostile work environment; and the victim's right to
freedom of religion may be infringed upon by the creation of a hostile work environment.
The following illustration can help clarify this point: A was not interested in developing

36
V.P. Argos, Tatiana Shohov, 1999, ―Sexual Harassment: Analyses and Bibliography,‖ Nova Science Publishers,
Inc. Huntington, New York.
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romantic feelings for her coworker B. B and his friends, all of whom are her coworkers, start
harassing her with "crank phone calls." As a result, A starts keeping quieter in group settings
like staff meetings since she isn't at ease there. Because of the negative experiences she's had
with B and the crew, she also avoids office social events. Her lack of involvement has been
noted by her superiors and is limiting her career opportunities.37
 The foregoing describes a situation in which A is being subjected to sexual
harassment at work because
 When she is afraid to speak up in meetings due to the hostility she encounters, her
right to free expression is violated.
 When she isn't allowed to participate in company social events or official activities,
her mobility is restricted.
 Her lack of engagement in the workplace, along with the other limitations, limits her
ability to find gainful employment elsewhere. The rights and protections guaranteed
by Article 19 are cornerstones of a fair and democratic society.

But it doesn't mean they'll always help each other out. So, these liberties ought to be
interpreted in a way that's harmonious so that they're appropriately promoted with as little of
these implicit and essential limits as possible. Therefore, the liberties guaranteed by Article
19 are subject to legitimate restrictions under law.

The freedom to speak one's mind is a cornerstone of a democratic society. 'Without open
political conversation, no public education so vital for the efficient functioning of the
procedures of popular Govt. is conceivable,' Patanjali Sastri J. stated in Ramesh Thapper v.
State of Madras.Everyone has an inalienable right to freely share their thoughts and beliefs
with the world. The freedom to publish one's opinions in paper, on film, or through
audiovisual means is now protected under the First Amendment. The right to free expression
is guaranteed under Article 19(1)(a) of the Constitution and is limited only by Article 19(2).
96 Reasons for such restrictions include protecting the "sovereignty and integrity," "security,"
"friendly relations with foreign states," "public order," "decency," and "morality," as well as
preventing "contempt of court," "demotion," and "incitement to crime."
When people band together voluntarily to pursue a legitimate aim or pursue interests they
have in common, they are protected in their right to form a group. Article 19(1)(c) guarantees

37
Choudhari 2007, ―Experience of Sexual Harassment of women health workers in four hospitals in Kolkata,
India,‖ Report Health Matters, Nov; 15 (30), 221-9. Corene

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the right to form a labor union or other type of group. By protecting women's ability to join
and participate in labor unions and other workplace organizations, Article 19(1)(c) helps
prevent sexual harassment in the workplace. The freedom to assemble and engage in
collective bargaining may be subject to reasonable restrictions by the state in the interest of
national security, public safety, or the general welfare. According to Article 19(1)(d), all
citizens of India have the right to freely travel across the country. All citizens have the right
to freely travel within India without interference from the government, as stated in Article
19(1)(d). They aren't restricted to only crossing state lines; they may also move within a state.
Except as specified in Article 19(5), no law may limit this right. Under the constitution, all of
the people who live there are considered a single whole.99 Article 19(1)(d) guarantees the
right to travel within India, as affirmed by the Supreme Court in Kharak Singh v. State of
Uttar Pradesh. This right to roam anywhere and whenever one pleases is absolute, subject
only to laws imposed under sections 4 of Article 19. The freedom to roam may be restricted
to ensure the safety of the general public and the Scheduled Tribes. When a woman is
harassed at work, she loses the freedom to move freely in the workplace.38

3.4 Sexual Harassment and Article 21

Article 21 guarantees that no one's life or freedom can be taken away from them without first
receiving a fair trial. The Supreme Court has long made clear that Article 21's protection of
the right to life does not equate to the freedom to live a completely animal existence. The
right to life necessarily includes the right to live with human dignity, which encompasses all
the aspects of living that contribute to the fullness, purpose, and worth of that existence.
Despite the fact that gender discrimination is considered as a barrier to the full realisation of
Article 21's right to life, which encompasses the right to live with human dignity and would
include those things that make life meaningful, complete, and worth living, the right to life is
a fundamental human right. Despite being acknowledged in Article 21 of the Universal
Declaration of Human Rights, the right to life may be limited by discrimination based on
gender. In the case of C. Masilamani Mudaliar v. Idol of Swaminathaswami Thirukoil, the
Supreme Court held that the basic human rights to life, liberty, and the pursuit of happiness
are universal and unalienable. In order to fully enjoy the right to life granted by Article 21,
every woman has the right to the elimination of gender-based barriers and discrimination.
The state must ensure that all citizens are treated equally regardless of their gender, the court

38
Adams Roy, J., 1998, ―Predicting the Decision to Confront or Report Sexual Harassment,‖ Journal of
Orgnizational Behavior, 19 (4), 329-336.

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said, and it must also create conditions in which women may achieve economic success while
having their social and cultural rights respected. The Supreme Court declared in Chairman
Railway board v. Chandrima Das that government employees who abuse women violate their
right to dignity and insult their modesty. The victim was a Bangladeshi national, hence the
Supreme Court concluded that foreigners are also entitled to the protections of Article 21.
Article 21, which provides the right to life and, by extension, the right to dignity, was found
to have been violated in the case Vishaka v. State of Rajasthan, in which the Supreme Court
decided that any incident of sexual harassment of women in the workplace constituted a
breach of Article 21. 39
The court upheld the right to an office free of sexual harassment as part of the concept of
gender equality as established by international agreements and standards. The Supreme Court
made it very apparent that it was the legislative and executive branches' duty to ensure the
safety of women and the maintenance of their rights and liberties. Due to the absence of such
protections, the court in the Vishaka case created criteria for what constitutes sexual
harassment in the workplace, a violation of the rights given to women in Articles 14, 19, and
21 of the Constitution. Until legislation is implemented to protect working women, the
Supreme Court's landmark opinion offers explicit guidelines for how to handle sexual
harassment allegations made by women at their places of employment. A federal appeals
court has declared that it is the responsibility of employers and other responsible parties to
protect female employees from sexual harassment in all workplaces, both publicly and
privately financed. The Supreme Court of India upheld the writ petition filed by Vishakha, a
non-governmental organisation working for gender equality through Public Interest Litigation,
in the case of Sujata v. Manohar by citing international conventions and norms that are
significant in interpreting the guarantee of gender equality in the workplace. The petition was
initially prompted by reports of a horrific gang rape of a social worker in Rajasthan. The
Supreme Court adopted the following principles to guide future legislation in the absence of
law safeguarding the basic human rights to gender equality and protection against sexual
harassment:
Without restricting the extent of his general commitment to prevent sexual harassment in the
workplace, the employer or manager must implement the following procedures.

39
Adams-Roy, J., & Barling, J. 1998, ―Predicting the Decision to Confront or Report Sexual Harassment‖
Journal of Organizational Behavior, 19(4), 329- 336.

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a. Unwanted physical, verbal, or nonverbal behaviour of a sexual character, including but not
limited to approaches, demands, requests, remarks, or statements with sexual connotations or
pornographic undertones, are strictly prohibited. 40

The government and public sector organisations' rules or laws dealing with conduct and
punishment should include rules against sexual harassment and ensuring suitable
repercussions for violators. The Industrial Employment (standing orders) laws from 1946
should be used to enact the aforementioned limitations on private sector employers. c. There
should be no discrimination against women in the workplace, and no women should feel they
are at a disadvantage because of their gender. Workplace health, safety, and cleanliness
should all be prioritised and provided for. d.
It is the employer's responsibility to submit a formal complaint with the police if an
employee's activities constitute criminal breaches of the Indian Penal Code 1860 or any other
legislation.
iii) If they so choose, victims of sexual harassment should be able to request that the harasser
be moved. In Apparel Export Promotion Council v. A.K. Chopra, the Supreme Court made it
quite clear that sexual harassment of women is completely at odds with women's dignity and
honour. In a separate judgement, the Supreme Court of India cited Article 21 of the Indian
Constitution, which declares, "every citizen in this country has a right to live with dignity and
honour." A breach of women's rights under Articles 14 and 15 also includes eve-teasing and
other types of sexual harassment.When a woman's privacy is invaded in the context of sexual
harassment, it amounts to a threat to her life and freedom, in violation of Article 21.41

3.5 Guidelines for State Actions and Individual Obligations

The state is expected to be guided by these considerations when writing law and making
policy, and adherence to these principles is crucial to good governance despite the fact that
they cannot be enforced in a court of law. In Keshvananda Bharati v. State of Kerala, the
Supreme Court ruled that Part IV of the Constitution, which outlines the Directive Principles
of State Policies, is equally as essential and important as the rights of people, which are
outlined in Part III. Respect for human rights serves as a unifying theme for both

40
Ajjawi Rola and Joy Higgs. 2007, ―Using Hermeneutic Phenomenology to Investigate How Experiences
Practitioners Learn to Communicate Clinical Reasoning‖ The Qualitative Report, Vol. 12, Number 4, December,
pp. 612- 638.
41
Ambert Anne-Mary, Adler Patricia A. Adler, Peter, and Detzner Daniel F. 1995, ―Understanding and
Evaluating Qualitative Research, Journal of Marriage and Family,‖ Vol. 57, No. 4, pp. 879-893

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Fundamental Rights and Directive Principles of State Policies. Fundamental Rights aim to
create an egalitarian society, free all citizens from coercion or restriction by society, and
make liberty available to all, while Directive Principles of State Policies seek to immediately
attain certain social and economic goals by bringing about a non-violent social revolution. 42
The following State Policy Directives inform efforts to reduce women's exposure to sexual
harassment: The Constitution requires the government to build and maintain a social order
that promotes social, economic, and political justice (clause (a)) and specifically seeks to
decrease disparities in social status, material resources, and opportunities (clause (b)). Article
39 mandates that the state implement laws to guarantee that all citizens, regardless of gender,
have access to enough financial resources and that men and women be paid equally for doing
the same work. According to Article 41 of the constitution, the state should establish suitable
measures for protecting the right to work within the limitations of its economic potential and
progress. Article 42 mandates that governments provide their citizens with benefits including
paid parental leave and safe workplaces. Similar to Article 38, these guidelines regulate
monetary freedoms. The government should provide its residents with benefits like paid leave
for new mothers and safe workplaces. The court ruled in favour of unregularized women
employees seeking maternity leave in Municipal Corp. of Delhi v. Female employees.
Despite its lack of enforcement, Article 42 must be considered when determining the legal
effect of an executive or administrative decision denying maternity benefit. This is due to the
fact that equitable and humane working conditions, as well as maternity leave, are directly
mentioned in Article 42. The Minimum Wage Act, the Maternity Relief Act, the Workers'
Compensation Act, and the Employees' Insurance Act all provided the legal basis for this
provision. These "Directive Principles of State Policies" help ensure that constitutional
safeguards against discrimination and harassment in the workplace are not limited to the
workplace. Part IV, Article 51 (c) is crucial because it requires the state to encourage
adherence to international law and treaty commitments in the dealings of organised groups of
people. Gender equality is a central tenet of CEDAW, the key international treaty
commitment safeguarding women's human rights. India has made a commitment to
upholding the convention's protections for women; it must do so promptly. By reading
Article 253 in conjunction with entry 14, List I of the Seventh Schedule, the Constitution
grants Parliament the authority to enact laws necessary to implement international treaties,

42
Backhouse, C., & Cohen, L. 1981, ―Sexual Harassment on the Job: How to Avoid the Working Woman's
Nightmare,‖ Prentice Hall.

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agreements, and conventions, in addition to the Directive Principles of State Policies and the
fundamental duties imposed on all citizens in Article 51A.43
So
(a) everyone should respect the Constitution and the institutions it establishes.
b) To remove gender bias and encourage unity among all Indians regardless of their ethnicity,
language, or religion.

Since sexual harassment is always done on purpose, it can be prosecuted as a civil wrong
similar to invasion of privacy, libel, assault, battery, and intentional infliction of emotional
distress. Since this is another type of civil wrong, in many jurisdictions the victim may seek
compensation through torts law, typically in the form of monetary damages. Since the
magnitude and seriousness of the hurt depend solely on human emotions, the damages
originating from such legal wrongs are neither susceptible to mathematical calculation nor
can be assessed objectively. However, their significance should not be minimised when
calculating overall loss, and the law cannot be expected to have a magic wand to find,
acknowledge, and pay for such variables that are unsustainable from an economic standpoint.
In addition, it would be unfair to the victim to disregard such priceless bits of life simply
because determining an exact monetary value for them is nearly impossible. In order to have
a viable claim under this statute, emotional harm, anguish, humiliation, and their
repercussions must be proven. K. Ramaswami, J., for the court's dissenting panel:
Punishment, admonition, and deterrent inherent in criminal law are given less and less room
by the law of tort because distributive losses are an inevitable by-product of modern living in
assigning the risk. The goal of tort law is to compensate victims of harm caused by the
negligent or reckless actions of others by balancing out the scales of justice. When one
employee engages in conduct that amounts to sexual harassment against another employee of
the same institution or organisation, the employer may be held vicariously liable for the
conduct.44
In order to determine whether an employer is vicariously liable for an employee's sexual
abuse of a client, McLachlin J. of Canada's Supreme Court outlined a test as follows: "In
summary, the test for vicarious liability should focus on whether the employer's enterprise

43
Bamberger, P., Kohn, E., & Nahumshani, I. N. B. A. L. 2008, ―Aversive workplace Conditions and Employee
Grievance Filing: the Moderating Effects of Gender and Ethnicity. Industrial Relations: A Journal of Economy
and Society,‖ 47 (2), 229-259.
44
Barak, A., Fisher, W. A., & Houston, S. 1992, ―Individual Difference Correlates of the Experience of Sexual
Harassment,‖ Journal of Applied Psychology, 22, 17–37

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and empowerment of the employee materially increased the risk of the sexual assault and
hence the harm." Fair and efficient recompense for injustice and deterrence are two policy
concerns that should be taken into account when applying the criteria; it should not be
implemented mindlessly. The presence of a dependency or power dynamic warrants
additional scrutiny since it increases the likelihood that unethical behaviour may occur. The
employer or supervisor has an obligation to safeguard their employees from sexual
harassment and should take precautions to do so, according to a ruling from India's highest
court.

3.6 The Sexual Harassment of Women at Workplace ( Prevention, Prohibition and

Redressal) Act, 2013
One of the most discussed issues in the world today is sexual harassment. It's crucial to
discuss in the present day. As more and more service industries welcome female employees,
more and more women are entering the public sphere. However, in several service industries,
women employees do not feel safe because of the hostile work atmosphere and the harassing
attitudes of male coworkers. These women are forced to endure the humiliation of sexual
harassment and other forms of mistreatment. Their mental health and productivity are both
negatively impacted by this. Examples of sexual harassment include acts that make a woman
feel uncomfortable, such as unwanted physical contact, patting, punching, tickling, brushing
against her, tugging her dupatta, stalking her, etc. This Act is a step in the right direction for
the safety of working women. Before 1997, in India, the term "sexual harassment" was not
defined anywhere in law. Before 1997, only women who experienced sexual harassment in
the workplace could file a complaint under Section 354 read with section 509 of the Indian
Penal Code, 1860, despite the fact that there had already been a number of noteworthy
judgements bringing attention to the issue. These passages deal with violating a woman's
sense of modesty. In India, neither civil nor criminal law imposes any duty on workers or
supervisors to prevent sexual harassment of female employees. Sexual harassment of female
supervisors was not formally recognised as misconduct until 1997, and there was no official
channel through which authorities could process complaints filed by female workers alleging
sexual harassment on the job. In Apparel Export Promotion Council v. A.K. Chopra, the
Supreme Court's rules were applied for the first time. "There is no gainsaying that each
incident of sexual harassment in the workplace results in violation of the fundamental right to
gender equality and the right to life and liberty, the two most precious fundamental rights
guaranteed by the Constitution of India," the court said. Sexual harassment of women in the

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workplace has been acknowledged as a form of gender discrimination against women as far
back as 1993, at a seminar hosted by the International Labour Organisation in Manila. The
courts have a duty under the Constitution to protect and preserve the rights guaranteed by that
document, and those rights include protection from sexual harassment and abuse, which we
believe is an integral part of achieving gender equality. 45
A woman's right to work in an environment free from sexual harassment is certain, as is the
necessity of taking such behavior to its logical conclusion and eliminating it completely. Ten
years after the Vishaka ruling, in 2007, legislation was introduced to protect women from
sexual harassment on the job. The continuing filing of sexual harassment claims in court is a
direct outcome of the unsatisfactory implementation of the various court orders. Therefore,
the Supreme Court in the matter of Medha Kotwal Lele v. Union of India was compelled to
give the following orders:
Within two months, all Union Territories and state governments must amend their Civil
Service Conduct Rules to read as follows: "the disciplinary authority shall treat the
report/findings etc. of the complaints committee as the findings in a disciplinary inquiry
against the delinquent employee and shall act on such report accordingly." The Supreme
Court confirmed that the findings and reports of complaints committees are to be treated as
evidence in disciplinary procedures, rather than as "a mere preliminary investigation or
inquiry leading to disciplinary action."
Any Union Territory or State governments who have yet to amend their Industrial
Employment (Standing Orders) Rules to reflect the aforementioned modifications are
obligated to do so within the next two months. 46

A sufficient number of complaint committees at the Taluka, District, and State levels should
be established and operational within two months; each such committee shall be chaired by a
woman; and, wherever feasible, an independent member shall be connected with it.

Organizations, groups, associations, and individuals registered or connected with the Bar
Council of India (BCI), Council of Architecture, Institute of Chartered Accountants, and
other statutory institutions should comply with the standards established in Vishaka's case.
The Indian government approved the Sexual Harassment of Women at Workplace

45
Barkley, B. H., & Mosher, E. S. 1995, ―Sexuality and Hispanic Culture: Counseling with Children and their
Parents,‖ Journal of Sex Education and Therapy, 21, 255–257
46
Begum, F., Ali, R. N., Hossain, M. A., & Shahid, S. B., 2010, ―Harassment of Women Garment Workers in
Bangladesh,‖ Journal of the Bangladesh Agricultural University, 8(2), 291-296.
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(Prevention, Prohibition, and Redressal), Act and Rules in 2013 to provide a framework for
addressing sexual harassment in the workplace. A court in India recently made history by
declaring sexual harassment of female workers to be unlawful. On April 22nd, 2013, the
President officially approved the Act. The law took effect on December 9, 2013. The Act not
only symbolises India's commitments under CEDAW, but it also reflects the conclusion of
the Apex Court's efforts towards effective legislation and better employment settings for
women. Vienna Accord of 1994 and Beijing Women's Conference of 1995 both acknowledge
women's intrinsic value and dignity. This chapter analyses the Act of 2013's key provisions.

The guidelines laid down by the Hon'ble Supreme Court in the Vishaka verdict form the basis
of the Act. The Act was brought into law in 2013 because it became apparent that previous
standards and conventions weren't doing enough to prevent sexual harassment of women in
the workplace. To prevent sexual harassment of women everywhere, the Act broadened the
concept of "workplace" to include the private sector, "dwelling places or houses," "domestic
worker," and the "unorganized sector."47

3.7 Objectives of the Act

The Act has a wide range of goals. The Act's Preamble includes its stated Aims and goals,
which are as follows: a. To protect women's rights to equality under Articles 14 and 15 and to
live with dignity under Article 21 of the Constitution of India.
b. To safeguard every woman's right to an age- and employment-neutral, safe, secure, and
enabling environment,293 which includes the right to practise any profession or engage in
any occupation, trade, or business.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
which was ratified by the Government of India on June 25, 1993, is one example of an
international treaty that affirms the rights of women around the world. c. To protect women
against sexual harassment and to assure the right to work with dignity.
d. To provide for the implementation of the aforementioned international treaties and
instruments to protect women from sexual harassment in the workplace.
a. It establishes a procedure for responding to allegations of sexual harassment. Safeguards
against malicious or erroneous accusations are included as well.

47
Berdahl, Jennifer.2007, ―The Sexual Harassment of Uppity Women,‖ Journal of Applied Psychology, Vol. 92
(2), pp. 425-437

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The scope of the Sexual Harassment Act is extremely broad, encompassing both formal and
informal settings, such as the workplace and the home. ―Transportation provided by an
employer for the purpose of commuting to and from the place of employment is included in
the definition of "workplace" under this Act because it is used by workers in the course of
their employment or for reasons arising out of their job. The Act favours female employees
and is therefore discriminatory towards male workers.

3.8 Complaints Mechanism Under the 2013

Act Internal Complaints Committee (ICC)
Every business subject to the Act must establish an ICC to receive and investigate complaints
from dissatisfied female employees. According to the law, all workplaces with ten or more
employees must establish an internal complaint committee to address employee
complaints. ―A violation of law for failing to establish such a committee is not cognizable.
Women who feel wronged can file complaints with the appropriate magistrate. The Internal
Complaints Committees' twofold mission—to investigate allegations of sexual harassment in
the workplace and to raise awareness and implement preventative measures—is necessary to
create an atmosphere that encourages and supports women in the workplace. The internal
complaints committee reflects Vishaka principles once again by consisting of the following
members:48
i. female executive from the ranks of the business owners will serve as the meeting's
presiding officer.
ii. ii. At least two members must be active feminists within the company's staff. iii) One
representative from an independent non-governmental organisation who is either dedicated to
the advancement of women's rights or experienced in dealing with sexual harassment cases.

The phrase "person familiar with issues relating to sexual harassment" is defined in the Rules
of 2013. It Includes These Items:
A social worker with at least five years of experience dealing with women's empowerment
and, more especially, sexual harassment in the workplace; someone with expertise in labor,
service, civil, or criminal law. To encourage female employees to participate in the internal
complaints committee process, the Act of 2013 requires that at least half of the members of

48
Bimrose, Jenny, 2004, ―Sexual Harassment in Workplace, an Ethical Dilemma for Career Guidance Practice,‖
British Journal of Guidance and counseling, 32 (1), pp. 109-121.

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the committee selected by the employer be women. Members may be appointed by the firm
for terms of one to three years.

Local Complaints Committee (LCC)

Local Complaints Committees are established in accordance with section 3 of the Act of 2013.
This Chapter Includes Sections 5-8. Local Complaints Committees have been set up at the
district level to handle workplace sexual harassment claims. When it comes to sexual
harassment in the workplace, the primary goal of the Local Complaints Committees is to
protect women who work in the unorganised sector or for small ventures, as well as domestic
employees. The district officer is tasked with establishing the Local Complaints Committee
required under this law. When an organisation has fewer than ten employees and so cannot
form an Internal Complaints body, when a complaint is filed against the employer directly, or
when the victim is a domestic worker, this body investigates allegations of sexual harassment.
In order to streamline the process of resolving complaints, the district officer appoints a nodal
officer in each block, Taluka, and Tehsil in rural or tribal areas, and each ward or
municipality in urban areas. The composition310 of the Local Complaints Committee, which
displays the vishaka guidelines, is as follows: Eminent women in the fields of social work
and the advancement of women are nominated for the role of chairwoman. Each block, taluka,
tehsil, ward, and municipality in the district selects one woman to represent its interests on
the council. At least one member must be a woman nominated by a non-governmental
organisation or organisation dedicated to the advancement of women's rights. One nominee
must have a law degree or demonstrate understanding of the law, and another must be from a
minority group (such as a member of a scheduled caste, scheduled tribe, or other background
caste). The local complaints committee has different needs than the committee that doesn't try
to include the voiceless in its deliberations. The district officer in charge of social services or
the advancement of women and children serves as an ex officio member. The terms of office
for the members of the Local Complaints Committee do not exceed three years.49

Procedure for making Complaint of Sexual Harassment

Within three months of the date of the incident or, in the case of a series of incidents, within
three months of the last incident, any woman who experiences sexual harassment on the job
can file a formal complaint with the company's internal complaints committee, if one exists,

49
Bimrose, Jenny. 2004, ―Sexual harassment in workplace, an ethical dilemma for career guidance practice,‖
British Journal of Guidance and Counselling, 32 (1), pp. 109-121.
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or the company's local complaints committee, if none exist. To the degree that such a
grumbling can't be made recorded as a hard copy, any individual from the inward or nearby
boards, by and large, will furnish the woman with all sensible help with presenting a
composed grievance inside the previously mentioned time span. In addition, the woman may
be granted an extension of time to file a complaint if the internal complaints committee or the
local complaints committee is convinced that the woman's circumstances prevented her from
doing so within the aforementioned time frame.50
Complaints can be filed by anyone other than the injured lady under the 2013 Act. Here it is
evident that the law also acknowledges the reality that victims of sexual attacks are often
unable to come forward with their stories. Here, the requirements for who can file a
complaint in such a scenario have been loosened; if the victimised woman is unable to do so
for whatever reason, a legal heir or other person meeting the criteria laid out in rule 6 of the
2013 guidelines can do so in her place. If a woman feels uncomfortable filing a complaint on
her own, she has other options.
If the victimised woman is unable to file a formal complaint herself, a friend, family member,
coworker, or representative from the National or State Commission on the Status of Women
may do so on her behalf, provided they have the victim's written permission to do so.

In the event that she lacks the mental capacity to do so herself, a complaint may be filed on
her behalf by a relative, friend, special educator, psychiatrist, psychologist, guardian, or
authority with whom she is under treatment or care.

In any other circumstance, the complaint may be filed by any other person with knowledge of
the incident, provided they have her written permission to do so.

In the event of the victim woman's death, a third party with knowledge of the events and the
written permission of her legal heir may file the complaint on her behalf. Therefore, in
circumstances where there is a large disparity in the parties' socioeconomic level, the
intervention of the National Commission for Women or the State Commission for Women is
crucial.

50
Blakely, G. L., Blakely, E. H., & Moorman, R. H. 1998, ―The Effects of Training on Perceptions of Sexual
Harassment Allegations,‖ Journal of Applied Social Psychology, 28 (1), 71-83.

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At the request of an aggrieved woman, the Internal and Local committees are obligated to
attempt to mediate the dispute through conciliation before opening an investigation under
Section 11 of the Act. This provision violates Vishaka and should be removed, as noted by
the Verma Committee in its seminal report from January 2013: "There are certain areas, such
as contractual matters, where conciliation could be conciliation, but in matters of harassment
and humiliation of women an attempt to compromise the same is indeed yet another way in
which the dignity of women is undermined." The conciliation procedure does not take into
account the requirements of international law. Sexual harassment and other forms of
gendered violence against women in the workplace can have a devastating effect on gender
equality in the workplace. Sexual harassment in the workplace is one kind of sex-based
violence. It is absurd to expect a victim of domestic violence to negotiate a resolution with
her accused abuser. In addition to being illegal, sexual harassment in the workplace is a
breach of fundamental rights under the Indian constitution, which is why this section is so
problematic. No individual may, via bargaining, give up any rights guaranteed to them by
Article III of the United States Constitution. Inviting an easily misused and possibly
humiliating and degrading practise, such as requiring the offended woman to conciliate a
resolution with her claimed harasser, fails to safeguard women from raising complaints when
the ICC or LCC has the discretionary capacity to do so. Once a settlement has been reached,
further investigation into the subject is prohibited under this rule. The effects of sexual
harassment in the workplace extend beyond the victims to all female employees and
managers. At least, we have proof that the conciliation procedure runs counter to the spirit of
the Act.51

Enquiry Proceeding
The Act's primary objective is to establish a straightforward and efficient method for
handling complaints of sexual harassment. In this way, the question is in line with the
Vishaka because it is easy to understand, follows natural justice, and gives the respondent
enough time to tell his side of the story.
The Respondent's Internal or Local Complaint Committee, as the case may be, shall proceed
to investigate the complaint in accordance with the service rules applicable to the Respondent
and, in the absence of such service rules, in such manner as may be prescribed, subject to the
provisions of Section 10 of the Act 2013, i.e. conciliation; If the complaint concerns a

51
Bloom, Nicoloas, Benn Eifert, Aprajit Mahajan, David McKenzie and John Roberts, 2013, ―Does
Management Matter? Evidence from India,‖ Quarterly Journal of Economics, 128(1), 1-51.

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domestic worker, the Local Complaint Committee is obligated to conduct an investigation. In
addition, in the event that both parties are employed, they will be given the opportunity to be
heard during the investigation and given a copy of the committee's findings so that they can
make counterarguments.52
The method laid out in the Act 2013 and the standards 2013 is to be followed, with particular
focus on the standards of natural justice, except in cases when service rules apply. The
Supreme Court, through a series of rulings, has established the foundational principles of
natural justice that must underpin investigations of this kind. The steps involved in the
technique are as follows:

The internal and local committee has the authority to decide whether an interim protection
order is required to be granted upon receipt of the complaint or at any stage of the case at the
request of the aggrieved women: i.
The respondent has ten days to produce a written response with an attached list of supporting
documents.

Within seven business days of receiving the complaint, the complainant must provide the
respondent with a copy of the complaint.

After that, an opportunity to be heard and to cross-examine witnesses will be provided to both
parties by the complaint committee as they conduct their investigation in accordance with the
principles of natural justice.

The internal and local committee may provide each side a chance to present their case.

If a party fails to show up to three consecutive hearings without good cause, the committee
can end the proceeding or make an ex parte division. However, dismissal or an ex parte ruling
of the complaint requires fifteen days' notice.

52
. Charney, Dara A and Russell, Ruth C, 1994, ―An overview of sexual harassment,‖ American Journal of
Psychiatry, 151(1), pp.10-17.

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Afterward, the Internal or Local committee, as the case may be, shall prove a report of its
findings to the employer or district officer, detailing whether or not sexual harassment has
been proven. 53

No attorney is necessary to represent either side before the complaints committee at any time
during the proceeding; viii.

ix. ix. At least three people from the complaints committee need to be present during the
investigation.

If the complaint committee finds evidence of sexual harassment at work, it will suggest that
the district officer's employer take disciplinary action against the respondent.

The committee may also suggest that the respondent's employer or district officer withdraw
an amount from the respondent's pay in order to compensate the complaint financially for his
or her troubles.

The employer or district officer decides whether to accept the findings of the complaint
committee if they find no evidence of sexual harassment in the workplace.

It can choose to either accept the result and proceed with disciplinary action against the
responder, or it can remand the case to the internal and local committees for additional
inquiry. If the employer or district officer determines that the advice given by the internal and
local committees is contrary to the law, they are required to disregard the suggestion and
instead make a judgement and take action in line with the law.

The Internal Complaints Committee or the Local Complaints Committee must provide a copy
of their findings to both the complainant and the respondent.

Interim Relief
Women who report sexual harassment at work must have some form of temporary protection
to protect them from the respondent's immediate influence and control. Subsequently, the rule

53
Charney, Dara A and Russell, Ruth C. 1994, ―An Overview of Sexual Harassment,‖ American journal of
Psychiatry, 151 (1), pp. 10-17.
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gives the Inside Objection Board of trustees and the Neighborhood Grumbling Advisory
group the position to give specific interval orders upon composed demand from the
complainant over the span of the examination. These break orders include:
i. To move of the bothered lady or the respondent to another work place.

ii. ii. by providing the harmed woman with leave for up to three months. or

iii. iii. To limit the respondent from giving an account of the work execution of the
abused lady or from thinking of her secret report and doling out the expressed report to
another official.

iv. iv. In the event of an educational establishment, to prevent the respondent from
overseeing the harmed woman's academic activities.

v. Any additional relief outlined in the applicable law, such as service rules, standing orders,
or any other applicable law.

Monetary Compensation
When they determine that sexual harassment has occurred in the workplace, the act of 2013
permits both internal and local committees to recommend to the employer or district officer
that the aggrieved woman (or her legal heir) receive a sum of money as compensation in
addition to the other action. The Demonstration addresses a critical forward leap in that it
offers the accompanying principal boundaries for deciding how much cash to be given to the
complainant as remuneration:54
a. Loss of business open doors because of lewd behavior
c. Close to home wretchedness, torment, and mental injury
b. The respondent's earnings and financial situation
d. Medical costs for physical or mental health treatment e. One-time payment or payments in
installments
According to the Act of 2013, in such circumstances, the employer is not obligated to make
adequate provisions for securing the workplace and compensate the wronged women: When a
previous employer is the perpetrator of sexual harassment at work when the employer is the

54
Supra note 5.

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harasser-respondent when a domestic worker is the victim of sexual harassment committed
by an employer at work. Thus, it is evident that there is no legal requirement for the employer
to provide monetary compensation to the injured women due to vicarious culpability, and the
rules for monetary compensation are enforceable against the employee accused of sexual
harassment.55

Completion of Inquiry
Any allegation of sexual harassment under this Act must be reported to the appropriate
internal or municipal complaints committee within three months of the alleged occurrence or,
if several instances are alleged, within three months of the date of the last alleged event. If the
Internal and Local Committees are convinced that the woman's circumstances prohibited her
from filing a complaint in a timely way, they may grant her a three-month extension under
the second clause of Section 9(1). The need that complaints be submitted within a three-
month period is not specified in vishaka or any other judgements. Harassment of a sexual
nature in the workplace is an abuse of power.56
Vishaka's guidelines acknowledge this by stating, "Where any of these acts is committed in
circumstances under which the victim of such conduct has a reasonable apprehension that in
relation to the victim's employment or work, whether she is drawing salary, honorarium, or
volunteering, whether is govt., public, or private enterprise such conduct can be humiliating
and may constitute or health and safety problem." It's discriminatory when, for example, a
woman has reason to believe that raising an objection would hurt her chances of getting hired
or moving up in her current position, or when it creates an intimidating or hostile work
environment. It's possible for bad things to happen if the victim disagrees to or refuses to
participate in the activity at hand. Irrational is the three-month grace period, which may be
extended to six months. It's a major problem that the victimized women have a hard time
getting justice because of this. One argument is that the legal remedy is an internally
supervised conflict settlement mechanism that is likely to remain in place. It's common
knowledge that sexual harassment at work disproportionately affects women. The
International Labor Organization of the United Nations found that the impact of harassment
on women varies with their level of exposure. Those in positions of authority are
disproportionately likely to engage in such behavior. Here, we may claim that the writers of
the 2013 Act ignored the aforementioned reality about sexual harassment in the workplace. A

55
Supra note 4.
56
Supra note 24.
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sexual harassment victim at work requires time to gather evidence and file a lawsuit against
the harasser. Victims of sexual harassment are treated unfairly by the three-month timeframe
(which might be extended to six months). If a woman has been the victim of sexual
harassment, she should contact either the Internal Committee or the Local Committees and
submit a written complaint with six copies. If she is unable to make a written complaint, the
committee will offer all reasonably required assistance to enable her reduce the complaint to
writing. The Act mandates that all defendants, plaintiffs, and witnesses must lodge objections
to the disclosure of personal information. In addition, no public, press, or media outlet may at
any time publish or broadcast any information about the conciliation procedures or enquiry
proceedings, including the steps taken. Anyone who publishes or otherwise makes public the
contents of a complaint and inquiry procedure in violation of Section 16 of the 2013 Act will
be liable to disciplinary action in accordance with the service rules or, in the absence of such
rules, in such manner as may be specified. Section 16 of the Act of 2013 makes it clear that
details about redress for a victim of sexual harassment in the workplace may be shared with
the public, so long as the identity of the victim and any witnesses is protected.57

Punishment for False or Malicious Complaint

Section 14 of the Act outlines the penalties for filing a false or malicious complaint or
providing false evidence. Under this Segment, the Interior Objections Board of trustees and
the Neighborhood Grumblings Panel will suggest disciplinary activity against the whining
lady or other individual assuming they discover that the claims made against the respondent
are vindictive or that the griping lady or other individual submitted the question with
information that it was bogus or that the record she submitted was manufactured or deceiving.
At the point when a case of lewd behavior in the working environment is demonstrated, the
respondent faces similar scope of potential approvals. These clauses go against the numerous
decisions of the Supreme Court and High Court that have addressed the issue of sexual
harassment of women in the workplace. These decisions have ruled against the practice of
including women who have complained of harassment in countercomplaints. A court of law
or another competent judicial body should continue to handle allegations made by a
complainant that are false or malicious, not an Internal Committee or a Local Committee,
which lack the necessary expertise and jurisdiction. The constitutionality of such a provision
can be questioned if it violates women's rights to equality, freedom from sex-based

57
D‘cruz, Premila and Arora, Bhupinder, 2010, ―The Interface between the Family and Health Care System in
the Care of People with HIV / AIDS,‖ Journal of Health Management. 12, 3. pp. 273- 304.

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discrimination, the right to life and dignity, and the right to employment, as well as the
CEDAW provisions that have been incorporated into these constitutional guarantees in
Vishaka and other judicial precedents. An absence of proof doesn't be guaranteed to
demonstrate a protest that is vindictive or false. The woman has 90 days to file an allure with
the appropriate court or council if she feels violated by the suggestion.58

Appeal
Section 18 read with Rule 11 of the 2013 Act provide for the filing of appeal in the following
circumstances:
i. Where the Inside and Neighborhood Grumblings Board shows up at a finding that the
charge of inappropriate behavior at the work place has not been demonstrated and hence
prescribes in its report to the business or locale official that no move is expected to be made
regarding this situation against the respondent.
ii. ii. The Internal and Local Complaints Committee must recommend to the employer or
district officer that the respondent be disciplined for sexual harassment as a misdemeanor if it
determines that the allegation of sexual harassment at work has been proved.
iii. The Internal and Local Complaints Committee will suggest to the district officer's
employer that monetary compensation be withheld from the respondent's pay or earnings and
given to the victim or her legal heirs if it finds that the sexual harassment claim against the
officer has merit.
iv. iv. Where the Interior and Nearby Grievances Board of trustees comes to an end result
that an observer has given bogus proof or delivered any produced or misdirecting report,
v. v. Where the Inside and Neighborhood Grumblings Council comes to an end result
that the charge of inappropriate behavior at work place is malignant or bogus or in view of a
manufactured or deceiving record
vi. vi. When the Internal and Local Complaints Committee imposes a penalty on anyone
who has violated the confidentiality provisions of the law and is entrusted with the duty to
handle or deal with a complaint, inquiry, or any recommendations,
vii.vii. when the employer fails to comply with any of the ICC/LCC's recommendations
within the allotted time frame. Within a period of ninety days of the recommendations, this
appeal must be preferred.

58
Gelfand, M. J., Fitzgerald, L. F., & Drasgow, F. 1995, ―The Structure of Sexual Harassment: A Confirmatory
Analysis Across Cultures and Settings,‖Journal of Vocational Behavior, 47 (2), 164-177.

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Functions of the Appropriate Government
The state government is also obligated to fulfil certain duties under the 2013 Act. The
selection of the District Officer is the most crucial of these.350 Once the proper government
notifies a district officer of his or her appointment, that person assumes full responsibility for
carrying out administrative duties under the 2013 Act. In addition to enforcing the provisions
of the 2013 Act, the relevant government also has the responsibility of keeping records of
complaints that have been filed and how they were resolved. Subject to funding availability,
creating useful resources for education, communication, and training, and holding public
awareness events Depending on financial resources, design and implement training sessions
for LCC participants. Employers and the district officer are obligated to provide any
requested information involving sexual harassment in the workplace.354 Reporting sexual
harassment in the workplace requires an inspection of relevant records and the location of the
alleged harassment by a duly authorized authority. The Accountant General will examine the
financial records of the organizations that have received and spent federal funding.59
Among the District Officer's many responsibilities under the 2013 Act is the establishment
of a Local Coordinating Committee (LCC) at the district level, including the appointment of a
chairperson and members to serve staggered two-year terms. To ensure that the LCC's
recommendations regarding interim protection to the complainant are complied with and that
a compliance report is sent to the LCC, nodal officers must be designated in every block,
Taluka, and tehsil in rural areas and ward or municipality in urban areas. The LCC's report
will be received, a decision will be made on the next steps to be taken, and those steps will be
executed within the required time limit. Ensure the LCC's yearly reports are submitted on
time; Using whatever means are at your disposal, cooperate with non-governmental
organizations (NGOs) to raise awareness of sexual harassment in the workplace and women's
rights; Report compilation and submission to state government, including all annual reports
received; Despite the fact that many of the responsibilities and obligations are statutory in
nature, failure to comply with them carries no legal repercussions. Thus, for example, there is
no consequence placed upon the appropriate government under the 2013 Act or Rules for
failing to notify the district officer, and in turn upon the District officers, where appointed, for
failing to constitute the LCCs.60

59
Goldman, B. M., Gutek, B. A., Stein, J. H., & Lewis, K. 2006, ―Employment Discrimination in Organizations:
Antecedents and Consequences,‖Journal of Management, 32(6), 786-830.
60
Gokul, Kasturi, ―sexual harassment of women at workplace in India: A legal perspective‖, Gauhati Law
Times 2013 February; 1(2) : 16-24p.

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Infraction of the Law
If an employer or district officer violates the Act by, for example, failing to form a committee
or by failing to take any action required by the Act, they will face fines of up to Rs. 50,000
under Section 26. There is no criminal penalty for violations of this law. If a company is
found guilty of breaking the law twice, the license necessary to conduct business could be
revoked or the penalties could be doubled from the first time around. A penalty will be levied
on the organization if a complaint is not resolved within 90 days of the date of notification,
and continuous noncompliance will result in the cancellation of the license or registration of
that organization.61

Shortcomings in the Act 2013

Only women, not men, are permitted to file a complaint of sexual harassment under this Act.
This Act just resolves the issue of insurance of ladies representatives and isn't sexually
impartial. Even though this Act protects women from sexual harassment in the workplace and
provides a safe environment, some jurists have criticized it for a variety of reasons. Male
employees cannot claim legal protection or relief from sexual harassment. The Act of 2013 is
burdened by a number of provisions that are becoming its downfall. These are the
consequences of an Act flaw.
1. There is no explanation for the phrase "Committed to the Cause of Women." There should
be at least two employees who are "committed to the cause of women" on the committees
that will examine all cases of sexual harassment.
2. In any case, the term ‗committed to the reason for ladies' has not been made sense of.
Additionally, the majority of the committee's members must be women, and one member
must be from an NGO dedicated to the cause of women. By defining the committee's
structure in this way, bias has already been introduced at the very beginning. The committee,
which was set up specifically to support female-specific causes, appears arbitrary.
3. Third, the workplace encompasses areas outside the authority of the employer. 'any place
visited by the employee arising out of or in the course of employment including
transportation supplied by the employer for executing such travel' is included in the definition
of the workplace under section 2(o). As a result, if anything were to happen to a female
employee while on an official trip, the company would be held responsible, regardless of

61
Kethineni, S. Klosky, T. 2000, ―The Impact of Juvenile Justice Reforms in India, International Journal of
Offenders Therapy and Comparative Criminology,‖ SAGE Publication, Inc.

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where the event took place. The company thinks that this is an unfair and unjustifiable
increase in its legal responsibility. 62

4. Time Limitation for Filing a Lawsuit There is a three-month deadline for submitting the
complaint under the law, with another three-month extension possible "for reasons to be
recorded in writing." There is no discussion of a time restriction of three months, expandable
to a maximum of six months, for registering accusations of sexual harassment in the
workplace in Vishaka or any of the legal precedent that followed.

5. The Conciliation Procedure At the request of the aggrieved lady, the ICC is required to
attempt "conciliation" under the 2013 Act before opening an investigation. Conciliation is
inconsistent with the goal of the legislation, which is to offer a Redressal procedure for
women who have been wronged by conduct that is prohibited by the act. In contrast to the
method to conciliation offered by the Civil Procedure Code, in which the
conciliation/mediation procedure is conducted by a body completely distinct from the
adjudicating the issue, the parties to the disagreement remain anonymous throughout the
process.

6. Inadequate punishment for those who file malicious or false complaints The Verma
CommitteeReport called the clause penalizing filing false or malicious allegations, leading
false evidence, or supplying fake documents a "red-tag" provision, calling its existence "most
unfortunate."

7. Compensation was calculated incorrectly When it comes to compensating women who

have experienced sexual harassment in the workplace, the statute seems to lose momentum as
well. This is the first law to explicitly spell out how compensation would be determined. It
seems to fall short of making the company financially responsible for compensating a
harassed female employee. The amount of money a woman is entitled to receive under
Section 15 is based on several factors, including the severity of her injuries as a result of
sexual harassment, the cost of her medical bills, her ability to work, and her overall financial
situation. This indicates that the accused will receive more money if the harasser is affluent,
and that the amount of money awarded depends on the accused's financial situation. Clearly,

62
Ibid.

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something is wrong. It will also provide an incentive for affluent or high-ranking workers
who have been accused of sexual harassment. 63

8. The Act of 2013 Pay Special Attention to the Employee-Employer Bond In contrast to
other pieces of legislation, the 2013 Act is narrowly targeted at the employment relationship.
This causes a muddle among the professional, technical, and academic communities,
especially in regards to students who are not "employed" but who are nevertheless a part of
these communities by virtue of their enrollment in an educational program. Medical and legal
practice, like other technically oriented institutions, are and are subject to their own laws. The
rules of a university are its own. Ordinances addressing sexual harassment have the force of
law and constitute a comprehensive system of legislation; as such, they are not subject to the
2013 Act, which limits the jurisdiction of state and local governments to make laws.

Non-Recognizable Crimes 9 Another shortcoming of the Act is that violations of the Act are
not considered "cognizable" crimes. Neither the police nor the court can take action of their
own accord if the offended lady chooses not to file a criminal complaint. This is precisely
what transpired in the case of retired Supreme Court Justice A.K. Ganguly. A former legal
intern claims she was sexually harassed by A.K.Ganguly, although she has not yet filed a
formal police report. The Supreme Court and Ganguly have focused primarily on the legal
details of the case, to the exclusion of the moral and ethical considerations. ―Since the
victim has showed no interest in reporting the incident to the authorities, he is certain that the
situation can be left to fade away on its own. One major legal objection to the 2013 Act is
that it vests non-judicial bodies with the authority to determine and calculate compensation,
which raises serious questions of due process. Because it is an internal committee, it can
investigate complaints and take corrective action as necessary. However, it is fundamentally a
judicial role to determine and pay damages for a legal wrong. There is no more explanation
of how the ICC/LCC should arrive at the compensation or the methodology of computation
beyond the plain assertions under section 15. There is a major gap in the legislation here.64

Review
In the Vishaka case, the Indian Supreme Court ruled that sexual harassment in the workplace
is a violation of the right to equality, and it issued instructions to deal with the issue until

63
Supra note 45.
64
Supra note 12.
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appropriate legislation could be enacted. Here, it's crystal obvious that the 2013 Act is
designed to be interpreted in a way that's consistent with previous anti-sexual-harassment
legislation, including case law. This provision has far-reaching significance since it means
that new changes in government and private sector employment laws pertaining to sexual
harassment in the workplace would be harmonized. The passage of this Act is a long-awaited
and crucial development in the fight for equal rights for women in the workplace. India's
government needs to start prioritizing protection against other forms of harassment, which are
rather widespread in several affluent countries, in light of the country's diverse religious,
cultural, caste, linguistic, and other groups. Therefore, we can state that this Act is to be
efficiently executed, which will go far towards protecting the interests and well-being of the
employee in India. But it's important to realize that adding this new Act to our existing
repertory won't solve the looming difficulties we face. To be worth the time and energy, the
implementation must be improved. Strong execution is the only way to guarantee the safety
and ease with which women's empowerment and the pursuit of economic independence can
proceed. It's crucial that the country comes together to back the legislation and see it through
to completion.

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 CHAPTER 4
GENDER-BASED DISCRIMINATION AND
HARASSMENT IN INDIAN WORKPLACES

Careers and Women

Women's advancement in society is intrinsically linked to the workplace. To "expend labour
in return for its value" is presently the accepted definition of work. Women are currently in a
subordinate position to men in the workplace. The culture is predominantly masculine.
Several factors contribute to women's secondary or subordinate status in the labour market,
including a low participation rate, low wages, overcrowding in low-paid occupations, limited
access to the means of production (including credit), and an unfavourable climate for career
advancement (Stockyard & Johnson, 1992). Certifiable instances of male predominance and
subjection of ladies include: discrimination against women and girls in the home regarding
things like food, education, personal freedom of expression, clothing, mobility, and so on;
preference for sons; male dominance over women and girls; lewd behavior at work; male
control over the sexuality of women and their decision regarding pregnancy; low pay for jobs
dominated by women; women's low levels of advancement; and physical assault, rape, and
other forms of violence against women We can only comprehend the status of women in any
field, including the organized sector, in light of this background. Yes, progress has been made
over the past sixty years, but it has been painfully slow and has sometimes gone in the wrong
direction.65

Professional Women's Groups

Women's relative proportion in the labor force is growing, although their historical status and
distribution within organized sectors is quite low. The statistics collected by the Directorate
General of Employment and Training (DGET) at the Indian Ministry of Labor provide the
backbone of the study of women's status in the corporate world. The DGET compiles annual
industry and sex statistics for the public and private sectors. The gathered information may
now be found in the "Economic Survey."

65
Khosla, Chhaya, ―Overview of –Sexual harassment of women at workplace (prevention, prohibition and
Redressal ) Act, 2013 Labour and Industrial Cases 2015 August ; 48 (8): J39-J43p

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The organized sector's historically limited size and continuously decreasing relative share
reflect the overall employment situation. Liberalization and globalization, in particular,
appear to be responsible for the industry's steady decline in employment. At the present time,
it only employs roughly 7% of the working population. However, the great majority of the
country's labor force favors positions in the organized sector due to the benefits they provide,
including job stability, higher pay, social protections, shorter workdays, and better access to
amenities like drinking water and restrooms. Jobs in the organized sector are better for
women because they provide these essential workplace facilities. For these and other reasons,
women are more likely to seek out positions in the formal economy. 66

Women in the Informal Economy

Every business not included in the Annual Survey of Industries for the manufacturing sector,
and every business not owned or operated by the government or the public sector, is
considered to be part of the unorganized sector by the National Sample Survey Organization
(NSSO), which conducts periodic surveys of these businesses. The word "unorganized" is
used to refer to any businesses that are not included in the "organized" sector while compiling
National Accounts. All businesses with ten or more employees are considered organized
sector by the Directorate General of Employment and Training, but only businesses with
twenty-five or more employees are required to submit employment returns under the
Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. Businesses that
do not conform to international standards of organization are considered part of the
"informal" or "unorganized" sector.
(i) Private parties (confidentiality issues),
Partnership Businesses,
(iii) Legally Recognized Businesses,
(iv) Mutual Aid Organizations and
(v) Organizations run by the government or the public sector.

The problems with these criteria include insufficient attention paid to suitable job size, lack
of registration, and incomplete record keeping. Currently, businesses with less than 10
workers and operated by sole proprietors or partnerships are considered part of the
unorganized or informal sector. The 55th NSS round survey from 2000 estimates that there

66
Kumari, B. Ratna, ―sexual harassment of women at workplace- Human rights perspectives‖, Andhra Law
Times 2014 May 1; 3(9) : J7-J11.

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were 396.77 million people working in the world. Of them, 273.79 million were males
(69.05%) and 122.98 million were women (30.995%).

Placement of Females
The workplace is a key factor in determining women's social standing. Workplace gender
inequality has contributed to a culture where males wield more power than women. Various
social structures have been examined to determine the origin of male dominance. However,
during the times of slavery and feudalism, it became more stable. The legacy of the past lives
on in the current day. This means that masculinity and patriarchy are to blame for the
subjection or dominance of women. Patriarchy is the term used to describe social structures
that are dominated and controlled by men, especially with regards to women's reproductive
authority, mobility, sexuality, property, and money. As a result, women no longer have any
agency over their own bodies, including the ability to bear children. Therefore, they are
subjected to double persecution. Men exert power over women and children by controlling all
economic and domestic resources. That's why we need to broaden our definition of patriarchy
to include the political and economic systems that are dominated by men. Socialisation
processes in the system of patriarchy based on the history of uneven human development are
now seen to be the cause of male control. Therefore, women's status is dynamic, shifting
along with the dynamics of society. The process of transformation is gradual, and it is
embedded within the broader and deeper democratic processes at work in other spheres.
There is a significant part for the State to play in this scenario.67

Employment and Gender-Related Factors

Women's place in today's society is mostly determined by three elements. In other words,
they are
1) Percentage of Women Involved
The Female Participation Rate (FPR) is the ratio of the number of women employed to the
total number of people employed in a given field or industry. In the field of gender studies, it
is crucial. In addition to boosting economic growth and reducing poverty, having more
women in the workforce also improves the male-female ratio, women's negotiating power,
and the likelihood that their children will survive to adulthood (Dreeze & Zen, 1995). All of
this demonstrates that a high female involvement rate raises women's economic standing, a

67
. Matiyani, Hunny ― Sexual harassment at workplaces: a menace in the society‖, Indian Journal of
Criminology and Criminalistics 2006 Sep.- Dec. :27(3): 41- 48p

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key factor in determining gender relations. Agarwal (1994) argues that gender equality is
advanced when women's economic independence is:68
(i) family dynamics and women's sense of agency benefit;
(ii) (ii) there is a dramatic decrease in spouses' verbal and physical assaults and threats of
divorce, and
Thirdly, more women are taking part in decision-making at home.

These facts prove that material factors (economic standing and financial resources) are more
important than social and cultural factors (stereotypes).

Literacy among Women

The Female Participation Rate (FPR) is the ratio of the number of women employed to the
total number of people employed in a given field or industry. In the field of gender studies, it
is crucial. In addition to boosting economic growth and reducing poverty, having more
women in the workforce also improves the male-female ratio, women's negotiating power,
and the likelihood that their children will survive to adulthood (Dreeze & Zen, 1995). All of
this demonstrates that a high female involvement rate raises women's economic standing, a
key factor in determining gender relations. Agarwal (1994) argues that gender equality is
advanced when women's economic independence is:
(i) family dynamics and women's sense of agency benefit;
(ii) (ii) there is a dramatic decrease in spouses' verbal and physical assaults and threats of
divorce, and
Thirdly, more women are taking part in decision-making at home.

These facts prove that material factors (economic standing and financial resources) are more
important than social and cultural factors (stereotypes).

Third, a gendering (Khandelwal, 2004).

The roles, attitudes, beliefs, practises, and behaviours one adopts and internalises during the
process of socialisation impact one's gender relations in real life, including one's interactions
and the consequences of these interactions between a man and a woman. Gender stereotypes
are fixed ideas about how men and women should act and think. To paraphrase Ashmore and

68
. Mitra, Partha Pratim, ―Rule of Law at workplace and natural justice against sexual harassment: In
reference with Justice Ganguly episode‖, Madras Law Journal 2014 May 15; 3(7): 93-100p.

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DelBoca (1986), "the structured sets of beliefs about the personal attributes of women and
men" constitute gender stereotypes. Stereotypes based on gender are broad generalisations
about men and women that colour how we see them as individuals. To simplify things, they
classify everyone as either male or female. When people in an office hold preconceived
notions about one another, their work, their qualifications, and their potential, everyone
suffers.
All of these elements work together. They are continually influencing and being influenced
by society's institutions.69

Situations of sexual harassment in India

If one looks closely at the numbers from the National Crime Records Bureau for India
between the years 2000 and 2010, one can see a steady increase in the number of incidents
reported on sexual harassment. The number of documented incidents of sexual harassment
has skyrocketed during the past two decades. In India, 92% of workers are found in the
unorganized sector, while the remaining 8% are concentrated in the organized sector, where
women make up the vast majority of the workforce. Sexual harassment is an issue for these
professional women as well. This demonstrates a serious problem that would make life
difficult for working women in India if it weren't addressed (Srivastava, 2004). It's shocking
to learn that despite a long history of Indian women in the workforce, harassment still occurs
often in the workplace. More than ten million women work in sectors as diverse as medicine,
politics, and the executive suites of Fortune 500 technology firms and airline cockpits, yet
they all deal with essentially the same issue. Sexual harassment comes in many forms, but
few institutions take explicit steps to combat it, and fewer still admit it exists. Nurses in
hospitals and girls in schools are also targets of sexual harassment. Government workplaces
are just as prone to sexual harassment as the commercial sector.

Saxena (2007), in her book "Crimes Against Women and Protective Laws," highlights well-
known incidents of sexual harassment in the Indian context, including the alleged molestation
of commercial artist Ela Chaudri in November 1983 by her direct superior at the Government
Directorate of Employment and Training. She voiced her concern to the DG, but he did
nothing to assist her. She finally achieved justice after the perpetrator retired with an
otherwise spotless record, thanks to the deliberate delay on the part of her department.

69
Shilwant, S.S., ―sexual harassment of women at workplace: Prevention and punishment, M.D.U. Law
Journal 2003 8 (1-2) : 131-44p.

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Women workers at the Directorate of Agriculture in Madras staged a Dharna and marched in
protest against their supervisor's sexual harassment that year. Also in 1988, Rupan Deol Bajaj,
a senior IAS official, said that K.P.S.Gill, then the Director General of Police in Punjab,
sexually abused her at a dinner party. Jan Jagran Samiti Secretary Mukti Datta accused Union
Minister of Environment and Forest Z.R.Ansari of attacking her in his private office in Delhi
in October 1989. On August 8, 1989, Sunita Haldhankar, then 19, worked for Speaker of the
Goa Assembly, Dayanand Narvekar, who is accused of sexually assaulting her in his
chambers. The editor of Maitreyi's private-small newspaper allegedly kept her in the
workplace past her bedtime and engaged in sexually provocative conversation with her. This
is according to the Indian Express Daily from 1991(October 27;p.1). In other headlines,
Rukmani, a booking worker for a reputable Middle Eastern airline, lost her job when the
airline's top management repeatedly tried to molest her and demanded extensive sexual
favors. The Indian Revenue Service Probationer who accused the Bombay Custom Collector
of molestation did so in March 1992. The event occurred on the final day of the IRS trainee's
training tour, when she paid a courtesy call to the Customs Collector. The investigation
resulted to the collector's suspension once it became clear that a case might be made against
him. Two nurses at Bara Hindu Rao Hospital said that a senior doctor there had assaulted
them in March 1992, around the time of Holi. The nurses launched a large protest seeking fair
treatment. That lawsuit eventually fizzled out, as do most involving sexual harassment.
Bhanwari Devi, a social worker, was gang-raped severely in September 1992 for attempting
to prevent a child marriage. This case served as the inspiration for the Supreme Court's
"Vishaka Judgement" on how to deal with sexual harassment in the workplace. A lady
working in a Call Centre in Bangalore was sexually attacked and killed in 2005. To that end,
NCW has continued to advocate for the completion of standards to protect women working in
the business process-outsourcing industry. In addition to these isolated incidents, only a
small number of recently published studies in India have shed light on the many facets of the
problem of sexual harassment in the Indian workplace, both in the formal and informal
sectors. The current state of the problem was brought to light by those investigations. Shetty
(2010) wrote an article for India Today Online in which she cited a 2002 study conducted in
five states by the Delhi-based NGO Sakshi, in which eighty percent of respondents reported
having either experienced or seen sexual harassment in the workplace. Such conduct
permeates all echelons of society and the workplace. Even in industries like journalism,
where women are often seen as strong and self-aware, the problem persists. She went on to
mention that 22.7% of women journalists had to "put up with sexist remarks/gestures" on the

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job, and that "sexual harassment emerged as a major concern of most respondents" in
research conducted by the Press Institute of India (PII) on the status of women journalists.
Thirty-one percent of the women surveyed claimed it "seriously" harmed their confidence
and performance at work. Still, just 15.2% of harassed women reported the incident to an
authority figure or law enforcement. In terms of the legislation, it should be noted that there is
currently no statute in India that addresses sexual harassment of women in the workplace.
However, the problem of we are addressed by numerous sections of the Indian Penal Code,
1986, as well as some unique legislation in India.70
A key step in the development of the Code against sexual harassment in the workplace was
taken by the three-judge bench of the Supreme Court of India in Vishaka Vs. State of
Rajasthan (1997). The Constitution provides that these directives are binding and enforceable
in law until suitable legislation is enacted, but the Super Court has stated that "the primary 32
responsibility for ensuring such safety and dignity through suitable legislation and the
creation of a mechanism for its enforcement is of the legislature and the executive." However,
the protections provided by the Human Rights Act of 1993 are not affected by these rules.

70
Srinivasan, Vinithra, ―Workplace dynamics and sexual harassment in India‖, Labour Law Journal 2016
September 9; 3(9) :J3-J16p

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 CHAPTER 5
JUDICIAL PRONOUNCEMENTS

Justice is the fair distribution of resources. Justice is essential to a functioning democracy,

and a functioning democracy requires a fair and impartial judicial system. That the court is
seen as the final line of defence against arbitrariness and anything that can be generally
described as not only unfair but also immoral is abundantly obvious. A judge who doesn't
engage in judicial activism is like a flower without colour or scent, or a car without gas. The
judicial system has a responsibility to function as a guardian over the welfare state and make
decisions that are in the best interests of society. The vast majority of women do not
understand or are simply unaware of their legal protections. Very few people have the
financial means and the guts to seek legal remedies, even if they are made aware of or
thoroughly versed in the entire circumstance. It's impossible to discount the importance of the
judicial system in ensuring that she receives her just compensation. The idea of gender
equality contained in our constitution is being reaffirmed and safe guarded via solid legal
procedure, which is a tremendous success not only for one of the cornerstones of democracy
but for democracy itself. Since then, the judiciary has given a whole new dimension to justice
himself by demonstrating an intrinsic willingness to aid the disadvantaged and poor segment
of society bearing the burden of this sort of sexual violence in silence through sexual other
declarations.71

Judicial System and Sexual Harassment in India

There have been a number of and also rulings prior to vishaka that have not only highlighted
the presence of this systemic and premeditated discrimination in our society, but also shown
gaping gaps in providing safe work places for the growing number of working women.

Case of Bajaj
Both the victim and the perpetrator in this instance were government officials who were
invited to a dinner party at the home of another government officer. Women and men sat in
their own semicircles on the grass. K.P.S. Gill, the accused, walked over to the women's
section and contacted the victim, claiming he needed to talk to her about something. She

71
Voleti, Gopal, ―Whether the sexual harassment of women at workplace (prevention, prohibition and
redressal) Act, 2013 is in derogation,‖ Supreme Court Journal 2014 March 27; 3(13) : J14-J16p

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approached him, and as she sat down on a chair, the defendant reached out and touched it.
The accused person yanked the chair away from her as she tried to return it to its original
location. The victim, realising something was amiss, stood up and returned to her seat
between the women. The suspect approached her and stood about four inches from her knees.
He motioned for her to up and follow him. "Mr. Gill, how dare you, you are behaving in an
obnoxious manner, go away from here," the victim said. The accused then ordered the victim
to stand up and follow him once more, blocking her path so that she couldn't get out of the
chair without touching him. She leaned back in her chair, stood up, and made an urgent
attempt to depart. The accused then smacked her behind in front of everyone, drawing
widespread attention. On July 20, 1988, she filed a complaint against the Director General of
Police of Punjab (KPS gill) for sexually harassing her at a party in front of her friends, citing
violations of Sections 341, 342, 354, and 509 of the Indian Penal Code. Many of them
dismissed her shame at the hands of a drunken Gill as something minor. While the case was
still up to debate, the whole political and bureaucratic elite banded together to condemn the
police chief and give him the Padma Shri. At the same time, the aforementioned
establishment attempted to silence Bajaj by isolating her and circulating rumours about her. 72
"When your prescription is different from all others because the ailments with which you are
suffering have unique features, when you do not have a set of rules or standards or
established norms or tradition to follow or any legislation or precedent to bank upon, you
have to muster the courage to fight against all odds and create your own way out of the
complex and peculiar situation," Bajaj says. For that relatively senior person, then
Commissioner-cum-Secretary, speaking out against a national hero was a difficult and
emotional decision with real-world repercussions. It would have seemed like I was willing to
participate if I hadn't complained. Those in authority did all in their power to keep Mr. Gill
safe. This is how he would have treated other women, too. In any case, I had to put a stop to
it.

Why should I hide my shameful emotions?

To protect my honor, I had to put up a struggle. It got to the point where even my life was in
danger because of it. But I kept my resolve. The age of 18 is not a short time at all. It's a very
long time. A First Report of Incident was filed and a complaint was filed with the Chief
Judicial Magistrate's Office. An FIR and complaint were dismissed by the highest court. The

72
Amitav Banerjee, Bhavana Sharma, (2011), Gender differences in perception of workplace sexual
harassment among future professionals, Industrial Psychiatry Journal, Jan-Jun 2011 , 20(1).

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Supreme Court ruled that the FIR evidenced a violation of Section 354 of the Indian Penal
Code, therefore reversing the high court's decision. Mrs. Bajaj's lawyers argued that she had
no legal standing to file a complaint since the damage she had suffered did not exceed the
threshold set by Section 95 of the Indian Penal Code. When considering the considerations,
the Supreme Court concluded that "section 95 of IPC has in no manner application to the
allegations made in the FIR."
Mr. Gill, the state police chief, is accused in the FIR of engaging in inappropriate behavior
with Mrs. Bajaj, a senior women IAS official, in front of a subordinate and continuing to do
so despite her complaints.73
If we take these allegations at face value and assume Mrs. Bajaj, a lady of ordinary sense and
temper, would not oppose the humiliation and misery to which she was exposed, then
common sense will be the first victim. The Supreme Court concluded that Section354 and
Section509 breaches were "prima facie" revealed by Rupan Deol Bajaj's claims. The accused
was found guilty of making unwelcome sexual advances toward the victim, as well as
smacking her behind. The Indian Supreme Court has declared that whether or not the
offender's acts may be reasonably expected to shock the sense of decency of a woman is the
sole criterion for deciding whether a woman's modesty has been insulted under the Indian
Penal Code. According to the court, modesty is:
(i) acting in a manner befitting a lady; showing extreme restraint in one's thoughts, words,
and actions;

(ii) demure, reserved, and not flamboyant;

(iii) a lack of roughness, indelicacy, or indecency; a concern for personal decorum in one's
outward appearance and behavior

(iv) reluctance, embarrassment, or guilt caused by an innate dislike to suggestive material

deemed unclean or rude.

Section 354 read with section 509 of the Indian Penal Code requires that the offender intend
to insult and outrage the modesty of women. Intent must be established by the accused's

73
Barbara R. Ritter, Cyber sexual harassment: development and validation of a measure of the online
environment and online sexual harassment, Coastal Carolina University, Wall College of Business Conway, SC
29528

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actions and the case's facts and circumstances. The court found the defendant guilty under
Indian Penal Code Section 354 read with Section 509 and ordered him to pay 2 lakh rupees in
compensation. This was the first time the court system publicly supported women's rights.
Since then, the judicial system has made great strides towards its goal of creating a secure
and promising setting for all members of society's female population.74

Case of Vishaka
Although the recent Sexual Harassment Act was published in the Gazette of India, few
people outside of the legal and activist communities will remember that it was inspired by the
horrific rape of a community worker in rural Rajasthan. Although there had been a number of
noteworthy rulings previously that nailed down and brought to fore the presence of this
problem in India, there was no statutory definition of sexual harassment until 1997. The
Indian Penal Code 1860 required women who experienced sexual harassment on the job to
file a complaint under either Section 354 or Section 509. Furthermore, prior to Vishaka,
neither civil nor criminal laws in India required employers or supervisors to take measures to
prevent sexual harassment of female employees. The court acknowledged sexual harassment
as a systemic problem in the workplace for the first time in India's judicial history. In the
aforementioned instance, the honourable Supreme Court took the effort to formally legalise
its definition. It was quite similar to CEDAW's definition of sexual harassment in the
workplace. The Apex Court's primary objective in formulating these regulations was to
provide for a safe and welcoming workplace free of any risk of the protector betraying his
position of trust and acting predatorily. The Supreme Court also defended these regulations
on the grounds that they would not infringe upon any rights guaranteed by the Human Rights
Act of 1993. Employers in both the public and private sectors have been instructed to take
measures to prevent sexual harassment in the workplace.

In response to the savage gang rape of a government development worker in a hamlet in

Rajasthan, certain social activities and NGOs filed a writ suit, the result of which was the
historic ruling. Bhanwari devi is a saathin, a village-level social worker for the Rajasthan
government's development plan. The goal of starting this initiative was to give women more
agency. The project's primary objective was to aid village administrations in their efforts to
reduce instances of child and multiple marriages. According to local custom, hundreds of

74
Bowes-Sperry and O’Leary-Kelly, (2005), To act or not to act: The dilemma faced by the sexual harassment
observers, Academy of Management Review, 30(2), 288–306.
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babies and young children are hitched here every year during the Akhatejj celebration. As
was her responsibility, she intervened to prevent the marriage of her young daughter in
Bhateri, her hometown. Still, she drew the wrath of the Gujjar family (the relatives of her
baby daughter) for going through with the secret marriage. As was to be predicted, social
boycotts began almost immediately as a form of vengeance. The Gujjars, a powerful and
numerous people, made up their minds to stop buying her earthenware and milk. In addition,
she was verbally and psychologically tormented and threatened with terrible repercussions.
220 In September 1992, when Bhanwari and her husband were working in the fields, five
men, including Ramkaran Gujjar, from an upper caste society gang raped her to "teach her a
lesson" for opposing their authority. The lone male doctor at the primary health clinic refused
to examine her after the rape, and the physicians in Jaipur did little more than confirm her age
without mentioning the rape in their report. She was also tortured by the officer when they
arrived at the station. Bhanwari was instructed by the police officer to return to her hometown
and abandon the lehenga as evidence. The only thing she had to wear was her husband's
bloody dhoti. When their request to spend the night at the police station was summarily
denied, it was clear that the system had reached its breaking point. Despite her frequent
protests to her employer and the government of Rajasthan, she received no assistance of any
kind.75
Instead, the district administration and the police sought to cover up the incident and blamed
her for everything that went wrong. She pursued justice in the trial court by filing a complaint
against the rapists without giving up hope in the judicial system. Women's rights
organizations put enough pressure on law enforcement to lead to the suspects' arrest. In 1995,
the defendants were found not guilty at trial. The judge said, "It is beyond comprehension
that those who live in rural culture..." would rape in such a way. Even more so when done in
broad daylight... in the company of other guys... and in conjunction with someone who is 40
years old and another who is 70 years old. The court has decided that Indian society has not
descended to the point where a young, naive male from the countryside may learn to hate
women regardless of their age or status in society and commit an act of violence against her.
The court also suggested that she may have been lying about the charge due to the delay of 52
hours in the medical testing. Bhanwari Devi may have been discouraged, but she never gave
up hope. She told the reporters, "Print my name, I am not a criminal that I should be ashamed
of," when they came to document her ordeal. Here, take my picture; I'm not hiding anything.

75
Bridgit Burns (2014), Military Sexual Trauma among US Servicewomen during Deployment: A Qualitative
Study, American Journal of Public Health, February 2014, 104(2)

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Those men should be embarrassed that they posed for photos in open daylight. Fifteen years
had passed since the event, but by 1997, just one hearing had been held by the Rajasthan
High Court, and two of the defendants had since passed away.221 Her unique brand of
struggle spurred women's groups and saathins around the country to unite in demanding
justice for Bhanwari. There was widespread revulsion at this point. In response to an appeal
made before it, the High Court ruled that "it is a case of gang-rape which was committed out
of vengeance," so validating the tireless efforts of everyone involved in the movement. The
Court noted that the employer's failure to offer a "safe working environment to the Saathins"
was "a serious lapse on the part of the employer" (the state government of Rajasthan in this
case). The three remaining defendants, who had been on the run up until the High Court's
ruling, turned themselves in without delay. The Vishaka judgement was issued in 1997 after
many women's rights organizations filed a Public Interest Litigation (PIL) with the Supreme
Court. A landmark court ruling in favor of a women's rights group that might signal a sea
change for the country. The writ petition presented to the Supreme Court has three primary
goals:
(1) To aid in the identification of effective strategies for achieving gender parity in the
workplace.
(2) To protect employees against sexual harassment on the job
Thirdly, to fill loopholes in existing legislation. Chief Justice Sandra Day O'Connor once
remarked, "In the absence of domestic law occupying the field, to formulate effective
measures to check the evil of sexual harassment of working women at all work places, the
contents of International Conventions and norms (CEDAW) are significant for the purpose of
interpretation of the guarantee of gender equality, right to work with human dignity in arts.
14, 15, 19 (1) (g), and 21 of the constitution and the laws of the United States." Any
international agreement that does not directly contradict the basic rights and is consistent with
its spirit must be read into these provisions to broaden the meaning and content thereof in
order to promote the goal of the constitutional guarantee. This is made explicit in Article
51(c), and Parliament can 0enact laws to implement international treaties and standards under
Article 253 when read with Entry 14 of the Union list in the seventh schedule. Article 73 is
relevant as well. It specifies that every matter that might be regulated by parliament falls
under the executive power of the union. Therefore, the executive authority of the union is

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available until the parliament enacts legislation precisely specifying procedures needed to
contain the evil.76
The ability of the court to enforce basic rights under Article 32 and the administrative
authority of the union must be enough to protect working women from sexual harassment and
give their rights substance. As the case moved forward, the court eventually developed
guidelines, to which the union of India consented through the learned solicitor general,
indicating that these should be the guidelines and norms declared by this court to govern the
behavior of employers and all others in the workplace to prevent this social evil. Considering
the role of the judiciary in the LSEASIA region, one must take into account both the role of
the judiciary envisioned in the Beijing statement of principles of the independence of the role
of the judiciary and the obligation of the court under Article 32 of the Indian Constitution to
enforce these fundamental rights in the absence of legislation. ―These principles were
established during a 1995 meeting of Asia-Pacific chief justices in Beijing as the very
minimum necessary for a fair and effective judicial system. The Beijing Declaration specifies
the following judicial branch objectives: Judicial system aims at: 10 The purposes and
responsibilities of the judiciary include providing equal protection under the law, promoting
human rights within the scope of the judicial function, and applying the law fairly and
equitably to all parties involved, including the state. The Supreme Court has reaffirmed its
stance that, absent a clear and present danger, international treaties and norms should be
integrated into basic rights. In Minister for Immigration and Ethnic Affairs v. Teoh, the High
Court recognized the concept of real expectation of its adherence notwithstanding the absence
of a bill of rights in the Australian constitution. Nilabati Behera v. State of Orissa relied on a
provision of the ICCPR to argue that the right to compensation as a private law remedy in
torts is not incompatible with the idea of enforcement of a secured right as a public law
remedy under Article 32 of the constitution. Given that the Indian Constitution explicitly
protects fundamental rights containing the underlying concept of gender equality in all
spheres of human activity, there is no reason why these international treaties and standards
cannot be applied to the interpretation of these provisions. In reaching its judgement in
Vishka's case, the Supreme Court cited both CEDAW and Section 2(d) of the Protection of
Human Rights Act, 1993. The Supreme Court of India has announced certain guidelines
under Article 141 of the Indian Constitution because it will take substantial time for new
legislation to be implemented to protect women from sexual harassment in the workplace.

76
Bureau of National Affairs (1992), "Preventing Sexual Harassment: A Fact Sheet for Employers," Bulletin to
Management,43(43)
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Therefore, the Supreme Court's role was to protect people's rights. Actually, a truer statement
would be that the Supreme Court granted temporary relief to working women. Considering
the idea of human rights articulated in Section 2(d) of the Human Rights Act of 1993. It
would take too long for new legislation to pass to safeguard women from sexual harassment
in the workplace, and the current civil and criminal rules in India do not provide enough
protection, so the government has adopted this measure instead. The court also held that
employers and other responsible parties must adhere to norms designed to protect women
from sexual harassment in the workplace.77

Guidelines and Norms Prescribed in Vishaka Case

The rules and regulations for this scenario are as follows:
i. Obligations of Employers and Other Institutional Stakeholders Employers and other
organisations with a duty to prevent sexual harassment in the workplace or other setting must
establish policies and procedures for handling sexual harassment complaints and bringing
offenders to justice.
ii. Definition "For the purposes of this policy, sexual harassment comprises the following
unwanted sexually determined behaviours, either directly or by implication:

a. Sexual approaches and touch

b. A request for or demand of sexual favours

c. Sexually suggestive remark

d. pornographic displays

e. The use of any other unwanted physical, verbal, or nonverbal sexual behavior.

iii. The victim of any of these acts has a reasonable apprehension that the conduct is related to
her employment or work, whether she is drawing a salary or honorarium or volunteering, and
regardless of whether the victim works for the government, the public sector, or a private

77
Cathy Owens Swift and Russell L. Kent, (1991), Sexual Harassment: Ramifications for Sales Managers, Selling
and Sales Management in Action, Journal of Personal Selling & Sales Management, Volume XIV, Number 1
(Winter 1994)

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enterprise. A hostile work atmosphere or one in which a woman has cause to assume that
voicing her disagreement will negatively affect her chances of being hired or promoted is
discriminatory. If the victim does not approve of the behaviour or speaks up about it, negative
repercussions could occur. 78

iv. Protective Measures Employers in both the public and private sectors should ensure that
no sexual harassment occurs on their premises. Without limiting the scope of this duty, they
need to take the following measures:
a. It is important to publish, notify, and disseminate an explicit ban on sexual
harassment in the workplace as outlined above.
b. Government and public sector undertaking bodies should prohibit sexual harassment
and set adequate sanctions for offenders in their rules or regulations relating to
conduct and discipline.
c. Private employers should take the necessary steps to incorporate the foregoing bans
into the standing orders established under the Industrial Employment (Standing
Orders) Act of 1946.
d. There should be no hostile environment towards women at workplaces, and no female
employee should have reasonable grounds to believe that she is disadvantaged in
connection with her employment, which includes providing appropriate work
conditions in terms of work, health, leisure, and hygiene.

Indictments and Trials If the employee's actions constitute a crime under the IPC or any other
legislation, the company must take legal action by filing a complaint with the proper
authority. In particular, it should guarantee that no discrimination or victimisation of victims
or witnesses occurs in the course of investigating sexual harassment claims. Sexual
harassment victims should have the choice to request their own transfer or the transfer of the
harasser. 79

v. Reprimands and Punishments If such actions constitute misconduct in the workplace, the
employer must take disciplinary action in accordance with the applicable service regulations.

78
Supra note 34.
79
Cortina, L. M., Fitzgerald, L. F. & Drasgow, F. (2002). Contextualizing Latina experiences of sexual harassment:
Preliminary tests of a structural model. Basic and Applied Social Psychology, 24(4), 295-311.

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Procedure for Filing Complaints An appropriate complaint system should be established in
the organisation of the employer to redress the complaint made by the victim, regardless of
whether such conduct constitutes an offence under law or a breach of the service standards.
Any such platform for filing complaints must guarantee rapid response.

vi. The Committee for Redress of Grievances A complaints committee, special counsellor, or
other support service, along with the assurance of secrecy, should be available to those who
need it thanks to the complaint method mentioned above. A woman should chair the
complaints committee, and at least half of the members should be female. Such a complaints
committee should also include a third party, such as a non-governmental organisation or other
entity experienced with the topic of sexual harassment, to prevent the potential of any undue
pressure or influence from senior levels. An annual report detailing complaints received and
the committee's response must be sent to the relevant government agency. Employers and
those in authority will be held accountable for ensuring that these standards are followed, as
well as for ensuring that the government department receives reports from the complaints
committee.

Worker's Initaitve Sexual harassment is an issue that should be openly tackled in both
employee and management meetings, as well as other relevant forums.

Observation (vii) Notifying the rules (relevant laws when passed on the subject) in a
prominent and appropriate manner is crucial to raising awareness of women's rights in the
workplace in this area.

viii. Harassment from Outsiders x If an employee experiences sexual harassment at work due
to the actions or inactions of someone else, the company and the responsible party will do
everything in their power to help. 80

ix. Contemplate Appropriate Action To ensure that the guidelines established by this order
are also implemented by employers in the private sector, the Central or State governments are
urged to consider implementing necessary measures, including legislation.

80
David N Laband and Bernard F Lentz, (1998), The effects of sexual harassment on job satisfaction: Earnings
and turnover among female lawyers, Industrial and Labour Relations Review, 51(4)

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x) The Standards Will Not Be Discriminatory Human Rights Acts of 1993 protections will
continue to apply in full force despite the implementation of these principles. It was expected
that "the employers or other responsible persons in workplaces or other institutions" would
follow these rules to avoid violating women's constitutionally protected rights in the
workplace. The rules were published under Article 32, which protects the fundamental human
right to an environment free from sexual harassment and abuse.81

Thus, the Supreme Court's ruling is a watershed moment not only because it establishes
sexual harassment in the workplace as a dehumanising crime against women workers in
Indian law, but also because it lays out comprehensive guidelines for the prevention and
redress of sexual harassment's female victims. By doing so, the Supreme Court entered the
realm of legislation. However, with caution being the watchword, the Supreme Court made
clear its intention not to encroach upon the legislative function, and explicitly stated that the
guidelines were to be treated as a declaration of law in accordance with Article 141 of the
Constitution of India until appropriate legislation concerning sexual harassment at workplace
was enacted. The Central Civil Service Conduct Rules, 1964 were updated to include a new
Rule 3 c, which prohibits sexual harassment of working women by government servants and
requires every government servant in charge of a workplace to take appropriate steps to
prevent sexual harassment of any women at such a workplace, in accordance with the
Vishaka Guidelines. In 1999, the Central Rules for Industrial Employment added sexual
harassment to Schedule 1 and 1A as an act of misconduct.82

Other Cases
Ms. Radha Bai served as the Assistant Director of the Social Welfare Department in
Pondicherry at the time of Radha Bai v. Union Territory of Pondicherry. Under the
Suppression of Immoral Trafficking Act, the Social Welfare Directorate opened a safe house
for women in ReddiarPlayam. It was reported to Radha Bai that the Minister of Social
Welfare, with the knowledge of the Superintendent, was abusing the institution for nefarious
ends. The minister was livid that she had punished the Superintendent. She moved to
Karaikkal from Pondicherry. The minister for social welfare then became the Home Minister

81
De Coster, Stacy, Sarah Beth Estes, and Charles W. Mueller. 1999. “Routine Activities and Sexual Harassment
in the Workplace.” Work and Occupations 26:21-49.
82
Elissa L. Perry (2009) Sexual harassment training: Recommendations to address the gap between the
practitioner and research literature. Human Resource Management, September–October 2009, 48(5), Pp. 817–
837

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and, with the support of some employees, he continued to use women's institutions for his
immoral actions. Ms. Radha Bai complained to the Pondicherry government about an alleged
molestation attempt orchestrated by the Home Minister's office. Then she was labelled a
raving madwoman, and fabricated criminal proceedings were initiated against her. It was
decided to remove her from duty. She asked the Governor of Pondicherry to look into the
claims she made in her complaint by making a personal appearance before him. Her
complaint was disregarded. She appealed to the Madras High Court but was also
unsuccessful. Then she took her case to the Supreme Court, which ordered the Governor to
act. To further investigate Radha Bai's claims, the Governor appointed a district judge to
conduct an investigation. Ms. Radha Bai sought an appropriate injunction under writ
jurisdiction from the Madras High Court after the administration failed to implement the
Governor's direction. The Madras High Court ruled against the petition. So, she opted to
submit a petition for special leave to the Supreme Court. The Supreme Court instructed the
chief Secretary of Pondicherry to issue the appropriate order of investigation by the district
judge of Pondicherry, which he did. The Supreme Court reviewed the evidence presented to
the lower court judge and concluded that Ms. Radha Bai had been subjected to unnecessary
harassment on the part of the government and the minister in charge of domestic affairs. The
Supreme Court ruled that Ms. Radha Bai was wrongfully fired from her position with the
Government of Pondicherry 17 years ago, notwithstanding the fact that she had not been tardy
in seeking restitution for the harm done to her. Given the totality of the facts and the
inexcusable failures of the administration, the Supreme Court decided that Ms. Radha Bai was
entitled to full pension and other retirement benefits. Within one month of the date of the
order, the Supreme Court of India awarded Ms. Radha Bai a lump sum compensation of Rs.
3 lakhs for the loss of her reputation and honor during her protracted battle against the
Government of Pondicherry and the then Home Minister of Pondicherry. It follows that the
Supreme Court must give due consideration to these issues. Ultimately, Ms. Radha Bai's
claims against the Home Minister of Pondicherry paid off, but it was a hollow victory. 83
In another incident, in September of 1989, Dr. N. Raman, Juli John's supervisor at the Centre
for Advance Studies at the University of Madras, physically assaulted Juli during a meeting
where they were supposed to discuss Juli's dissertation. ―She went to the police in
December after being unsatisfied with the University's investigation. Raman was found not
guilty at trial because the prosecution failed to prove guilt beyond a reasonable doubt.

83
Enid A. Rodriguez Nogueras (2010), Ph.D. Experiences and Coping Responses of Sexual Harassment Among
Puerto Rican Female Student-Athletes, The University of North Carolina at Greensboro
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NINE YEARS LATER, WHEN THE CASE REACHED THE SUPREME COURT, THE
HONOR'BLE JUDGE WAS CONVINCED OF THE GENUINENESS OF HER COMPLAINT
AND OBSERVED THAT THERE WAS PLENTY OF EVIDENCE FROM THE SIDE OF THE
SUPERVIS, he added, however, that he did not think it was appropriate to remand the matter
to the trial court to consider anew because nearly nine years had passed since the occurrence
and the petitioner had gotten married and settled in Kerala after completing her studies.
Despite the fact that the justification for acquittal is flawed, I do not believe it is appropriate
at this time to overturn the impugned verdict and award the matter. Because of their entire
reliance on their instructor, female students in the natural sciences are much more at risk than
their female counterparts in the humanities and arts. Its common knowledge that male
supervisors will keep female doctorate students in the lab forever in exchange for their sexual
favors and secretarial services. Academic support is withheld from deserving female students
since it is assumed that they will soon get married and leave school. The court should use this
as an opportunity to establish some rules. This conclusion is based on the notion that Sexual
Harassment is a minor offence and that it did not prevent Juli from "settling down" (getting
married) in the past.84
For the first time, a High Court used the court's standards against sexual harassment in the
workplace in the case of Saudi Arabian Airlines, Mumbai v. Shehnaz Mudbhalkal. The story
of Shehnaz Mudbhalkal is not unprecedented. With her victory, she made history as the first
worker to successfully sue her employer for sexual harassment in a labor court. Because
Shehnaz did not comply with Abdul Ellah Bahrani's sexual demands, her employment with
Saudi Arabian Airlines was terminated. With retroactive effect to July 25, 1985, she will
receive all salaries and benefits she was due along with continuation of service. On
November 16th, 1978, Shehnaz began working for Saudi Arabian Airlines (SAA) as the
station manager's secretary. She was recognized by the company with letters of gratitude, a
merit certificate, and a bonus payment equal to five percent of her regular salary for her
efforts. She was an expert at training others to do the functions of a Customer Service Agent.
Abdul E. Bahrani took over as station manager in July 1983, and Shehnaz's nightmare soon
followed. He made sexually suggestive comments, asked her about her preferred form of
birth control, and asked her out on lunch and supper. Once, at a work party, he made sexual
attempts towards her, but she and her friends managed to get away. She went as far as
complaining to the country manager, who warned her against putting anything in writing for

84
Fitzgerald, L., Gelfand, M., & Drasgow, F. (1995). Measuring sexual harassment: Theoretical and
psychometric advances. Basic and Applied Social Psychology, 17, 425-445.

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fear of damaging her career and the company's reputation. Bahrani took the expectedly
vengeful path. He threatened her with firing on multiple occasions and even said that her
husband's work in Saudi Arabia was in jeopardy if she did not comply with his demands.
When the position of Lead Customer Service Agent became available, things quickly
escalated. She had hoped to get the job, but was afraid of Bahrani's vengeful reaction, so she
lied about her qualifications. At twelve o'clock in the morning, Bahrani called her house and
requested her to come over to talk about the representation. She flat-out declined. After this
moment, the victimization became much more severe. She was not allowed to sign the muster
upon her return from leave on January 24, 1985. For the next three days, until January 28th,
this remained the case. He coerced an apologetic letter and a pledge not to use it out of her.
She took dictation and transcribed it into a letter, which was then used as a pretext to suspend
her from her work. Years later, the identical letter proved to the labor court that she had been
victimized by Brahani. Then, on February 6, he added insult to injury by issuing a four-day
suspension order. Upon returning to her position, she said she would be filing a formal
complaint with Jeddah authorities over her suspension. According to Shehnaz, "my fate was
sealed" at that moment. In July of 1985, she began experiencing acute chest pain after being
assigned excessive typing duties. When she finally joined her husband in Jeddah, she had to
take a monthlong medical leave. During her time there, she took her grievance with him to
the company's headquarters. She was reassured by the Executive Vice President that
everything would be taken care of so that she could return to work. However, she was told
not to leave the house and was restricted from working. She was informed of her dismissal
through letter. To avoid complying with the Jeddah office's instructions, the termination order
was backdated to July 24, 1985. The vendetta against Brahani had not yet concluded. He
made it impossible for her to find work by sending letters the next day to all of the Airline
offices in Bombay alerting them that she had been sacked. She contested the termination
order on the grounds that it was improperly issued after she rejected her boss's advances.85
The Mumbai High Court confirmed the labor court's 1997 order that she be restored with full
back wages and continuation of service. "The conduct of the boss would squarely fit in with
the concept of sexual harassment as defined by the Supreme Court," Justice B.N. Srikrishna
said in reference to SAA's "operation scuttle" on February 5, 1999. As the first time a high
court has used the Sc rules, the decision was widely celebrated by legal and women's rights
groups. Advocate for the law Flavia Agnes noted the "significance" of the ruling. Most

85
Gelfand, M. J., Fitzgerald, L. F., & Drasgow, F. (1995). The structure of sexual harassment: A confirmatory
analysis across cultures and settings. Journal of Vocational Behaviour, 47(2), 164-177.

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women keep quiet because they assume taking action won't change anything. More women
may feel emboldened to speak up and refuse to give in to pressure after reading this. But this
was only the beginning of her date with fate. On her first day at SAA, February 24, 1999, she
was relocated to Chennai. After experiencing sexual harassment and emotional distress, she
decided to take legal action by filing an injunction on the transfer of a suit. On April 8, 1999,
in response to her lawsuit, Justice AP Shah of the Mumbai High Court enjoined the
corporation from relocating her and ordered that she be permitted to "resume her duties at the
Sahara International Airport with her salary and all other dues." After finding that the
company's actions were motivated by malice, Justice R. C. Kochar ordered that she be rehired
on January 3, 2000, with all of her benefits reinstated at that time. When she took a strong
stance against SAA, her then-husband, who was also employed by the company, was
threatened with termination. Her decision to prolong the conflict resulted in her becoming
estranged from her spouse, which was a living nightmare for both of them. After she had
prevailed, she added, "Working women have to deal with sexual innuendo and the passes all
the time." We are not fazed by it at all. We only go to court after we have been subjected to
unreasonable treatment. After then, you need to keep going, even if you feel like screaming
out of frustration. This decision so shows how quid pro quo and hostile work environment
aspects can both be present in a typical case of sexual harassment. Although she prevailed in
court, she still suffered emotionally owing to the system's indifference. 86
The Madras High Court issued a number of guidelines and welfare measures for female
workers who worked night shifts in the case Vasantha R. v. Union of India, 240, including
the duty of employer to prevent/deter the commission of acts of sexual harassment and to
provide procedure for its resolution, the maintenance of a complaints committee in the
factory, the provision of adequate lighting in the areas of the factory where women workers
congregate, and the provision of women workers with equal employment opportunities. In
one such case, a Division Bench of the Allahabad High Court ruled that the sexual
harassment committee had acted too leniently by only ordering compulsory retirement
instead of dismissal, which was what the petitioner deserved. The petitioner had made
"disgusting immoral remarks." The Madras High Court upheld the dismissal penalty
following the petitioner's inappropriate behaviour against a female senior officer. The Delhi
High Court ruled in Samridhi Devi v. Union of India that employers have a responsibility to
prevent sexual harassment in the workplace because of the public interest character of such

86
Gutek, B. A. (1985). Sex and the Workplace: Impact of sexual behavior and harassment on women, men, and
organizations. California: Jossey-Bass Publishers.

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claims. The court noted that the confidence and morale of female employees as a class are
harmed if action is not taken, is done late, or is conducted in a casual or inappropriate manner.
The judge also mentioned Vishaka.
Air Hostess Geetika Sharma, 23, committed suicide on August 5, 2012. Her suicide note
accuses Mr. Gopal Kanda (a former Haryana minister) and his aide, Ms. Aruna Chedda, of
"harassing," "conspiring," "intimidating," and "creating an atmosphere of terror and
continuous pursuit" in Geetika's mind. In addition, she claimed that he had sexually harassed
her. The most recent update to the case involves charges being filed under the Information
Technology Act's Section 66 as well as Sections 306, 467, and 201 of the Indian Penal Code.
The Delhi High Court is now hearing the matter. 87

Somehow, emails detailing allegations that Tarun Tejpal sexually assaulted a female
journalist multiple times at an event in Goa made national headlines. The irony here is that
the respondent is the father of the complainant's friend, and that the complainant's father had
worked with the respondent. The respondent is accused of betraying the trust placed in him
by the complainant, which is all the more tragic given that he is a journalist who has used his
influence to fight against the sexual harassment of women. At the intellectual Telhaka Think
Festival, where serious charges against the Tejpal are mentioned in Sections 341, 342, 354A,
and 375 of the Indian Penal Code, the alleged most unintelligent cause of action took shape.
If true, the allegation of sexual harassment against the respondent does not warrant any
leniency. However, the slapping of charges of "rape" and their upholding by a Goa Court
prompted reflection on the part of an overly eager legislature, which has very actively
modified the basic structure of the definition of rape previously to be found in Section 375 of
the Indian Penal Code, 1860. After being held without bail for six months, the Supreme Court
finally released Tejpal.

On December 18, 2014, the Supreme Court issued a historic ruling in the case of Additional
District and Sessions Judge X v. Registrar General, High Court of Madhya Pradesh, which
detailed the procedure to be followed in sexual harassment cases involving judges from the
higher courts. The ruling is an example of judicial overreach because it goes against the letter
of the law. When a legal remedy falls short, the Supreme Court can give "equitable relief," or

87
Hilary Joyce Gettman, (2003). Bringing Sexual Harassment Research In Line with the Service Economy: A
Measure and Model of Sexual Harassment of Professional Women by their Clients. Dissertation for the
Graduate School of the University of Maryland.

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anything along those lines. However, such cannot be done if doing so would violate the
specific provision of an Act, especially if the remedy confers immunity on the judicial branch.
The defendant in this case had been serving as a district and sessions judge since August
2011. She was sent to a faraway place in July of 2014. She asked for more time because her
kid needed to take board exams that year. Her request was denied, and on July 15 she
submitted her resignation. On August 1, she filed a letter to the Chief Justice of India,
alleging sexual harassment by a male judge from the Madhya Pradesh high court who
oversaw her court's administration. The sexual harassment claims made were quite shocking.
The judge was accused of asking her to perform an item number at a party in December 2013,
but she declined. The judge was also accused of making sexist remarks and touching the
victim on the back during a social event in February 2014. The accused judge claims the
accusations against him are false. He claimed that video footage from the events was
available, and that her expressions did not show any signs of anxiety. The victim claimed that
the judge was harassing her by using his administrative authority. She claims that her
supervisors made her undergo unnecessary inspections. She claims that she was victimised to
the point of being transferred from her position of official authority. The charges were refuted
by the high court and the judge in question. They claim that a panel of judges made the
decision to transfer her and that it was confirmed by the highest court's chief justice. The
chief justice of the Madhya Pradesh High Court formed a two-judge investigative committee
after receiving her complaint. The petitioner argued that this committee was in violation of
the "in-house procedure" 138 established by the Supreme Court for examining and
responding to charges made against members of the higher judiciary. The Supreme Court
agreed with her on December 18. Even when investigating complaints of sexual harassment
against a judge from a higher court or the Supreme Court, the court found that the "in-house
procedure" was binding. In the case of a high court judge, there may be as many as seven
stages to such an investigation. The complaint must first be investigated by the chief judge of
the highest court in the relevant jurisdiction. If he thinks it's pointless, he'll toss it. If not, the
next step is to get a response from the judge who has been accused. The third step is for the
Chief Justice of the High Court to transmit the complaint to the Chief Justice of India if he
does not rule that the complaint lacks merit. Step four, if deemed essential by the Chief
Justice of India, is for him to form a three-member committee consisting of two high court
chief justices from other countries. Fifth, based on the committee's findings, the Chief Justice
of India will advise the judge in question to voluntarily retire. If that judge remains
unyielding, the Chief Justice of India will tell the head of the high court that he or she should

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not be assigned any cases. The seventh step is a recommendation for impeachment by the
Chief Justice of India against the unyielding judge. The Supreme Court's willingness to hear
charges against a fellow judge is admirable and courageous at first glance. This risky strategy,
however, has hidden motivations. In December of 2013, a new law was passed to address
sexual harassment of women in the workplace. Prior to then, the field was inhabited by the
Vishaka Guidelines 1997, which were created by a court to fill a void in the law. This
victim's claim meets all the criteria for sexual harassment under the Act of 2013. 88
Then why did the Supreme Court choose the "in-house procedure" rather than following the
2013 Act? The victim should have used the Act of 2013, so why didn't she? In order to file a
complaint under the Act of 2013, you have three months from the date of the incident to do
so. The statute allows for a three-month grace period to be added in unusual circumstances.
To date, her earliest item number-related sexual misconduct claim dates back to December
2013. However, in August of 2014, she made the accusation. Therefore, she was quite late.
She was not a commoner thanks to her positions as president of the Vishaka Committee for
the district and session courts and an additional judge for those courts. It's possible that
seeking justice under the 2013 Act wasn't her only motivation in making the claim. The
woman sought readmission. It was her second appeal to the highest court in the land. The fact
that the Supreme Court and the respondent high court did not successfully introduce her to
the 2013 Act is more crucial. This shielded the judiciary from the Act of 2013. If the
Supreme Court's decision had addressed the 2013 Act and found that it did not apply to the
judiciary, there would have been a public outcry. Maybe they simply mentioned the "in-house
procedure" to keep it from happening. The Supreme Court only adopted the "in-house
procedure" in an administrative capacity. Does it supersede a law passed by Parliament that is
still in effect? If so, it's unclear why the 2013 Act was used last year against a former
Supreme Court justice following sexual harassment claims from an intern. Paragraph 33 of
the judgement regarding the victim district judge states categorically that the approach taken
by the chief justice of the Madhya Pradesh high court was incorrect since it was not opted for
any imperfection found in the 'in-house procedure. Whichever is chosen using the same
criteria between the 2013 Act and the "in-house procedure" will be upheld. Both the court
and the victim have achieved indirectly through this litigation what neither could have done
directly. It's not unusual for a plaintiff to take an unorthodox approach. For the Supreme
Court, however, which has the final say on what the law of the land is, this divergence is not

88
Supra note 22.

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something to be proud of. In the event of a discrepancy between the law and so-called equity,
the law is the one that must be followed. The law is supreme, while equity can only serve as a
supplementary guide. The internal committee reported to the CJI in July 2015 that Justice
Gangele's sexual harassment allegations had been unsubstantiated for lack of sufficient
evidence or explanation. 89

Post – Vishaka Changes in the Law

However, the judgement is only preliminary, and despite further development in a number of
legal precedents, the role of the internal complaints committees was unclear in the public
sector, and its adoption was met with resistance in the private sector. After Vishaka, the law
regarding sexual harassment in the workplace moved forward, albeit slowly. Female workers
and employees began openly rejecting the sexist and abusive work environments that had
previously been the norm. This progress was made in the model standing orders applicable to
industrial 144 establishments, as well as in the ordinances and policies of educational
institutions and universities. Whether it was through formal complaints, petitions,
conversations with management and employers, or protracted legal battles, each victory
showed the courage and perspicacity of women who asserted the rights Vishaka had
emphasized. Specific areas of interpreting the law, like as the workplace definition and the
complaints committee's formation mechanism, saw progress. Other developments dealt with
fundamental judicial concerns and were therefore more comprehensive. Neither the
conclusion of an investigation nor any punishment for the perpetrator of sexual harassment
were specified in the Vishaka judgement. This has caused a plethora of investigations inside
the organized labor force, especially within government jobs, with one being conducted by
the so-called Vishaka Committee and the other being conducted under the Civil Service
Rules90. The woman had to endure two rounds of questioning, which was undoubtedly a
frustrating experience for her. The entire dynamic of the Vishaka guidelines and the internal
complaints committee established under it was altered by an interim order in 2004's Medha
Kotwal Lele that made precise directions. The committee's role shifted from one of
prevention to that of an inquiry panel in the event of disciplinary action being taken against
an employee. It is clear from the litigation's proceedings that the focus was on public servants,
with little to no mention of private sector or technical institution workers. As stated in the

89
Supra notr 67.
90
Hughes, K.D. and Tadic, V. (1998) something to deal with: customer sexual harassment and women’s retail
service work in Canada. Gender, Work & Organization, 5(4), 207-19

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Supreme Court's final Medha Kotwal Lele 279 judgement, issued on October 9th, 2012, "the
findings and the report of the complaints committee shall not be treated as a mere preliminary
investigation or inquiry leading to disciplinary action," and instead "shall be treated as a
finding/report in an inquiry into the misconduct of the delinquent."280 The service rules 281
were thankfully previously updated to reflect Vishaka and, later, the Supreme Court's
directives in Medha Kotwal Lele, and these revisions are still in place. The Department of
Personnel and Training, Government of India, is currently revising the service rules to
include some of the positive provisions of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013 (2013 Act'), without diminishing the full
impact of the judicial precedents which make the report of the internal complaints committee
binding on the disciplinary authority.

Review
The Court noted in Medha Kotwal Lele282 that disciplinary processes in bar councils,
medical organizations, councils of architecture, institutions of chartered accountants,
institutes of company secretaries, and other statutory institutions are not governed by any
legislative regime. It ordered the entities in question to promptly release the required circulars
and revise the relevant rules and guidelines. This ruling can be directly applied to instances
involving employment at these organizations. The question of whether or not it applies
outside of the workplace remains unanswered. While it is clear that the Court's orders apply
to all employment situations in the medical and legal professions283, it is less clear whether
other interactions, such as those between doctors and patients, nurses and patients or their
families, lawyers and other lawyers, lawyers and clients, judges and their law clerks and
interns, and other such interactions which are integral to t There are a wide variety of rules at
play in these contexts that would need revising to make sure that sexual harassment arising
from abuse of power is expressly prohibited. To guarantee that the Vishaka judgement is
carried out in its intended manner, the growth of jurisprudence in these contexts calls for
close attention. To achieve this goal, professional organizations must revise their codes of
conduct to define sexual harassment as professional misconduct regardless of whether it is
directed towards an employer, a client, or another professional. Some examples of such
legislation are the Bar Council of India Rules284, the Medical Council of India Act, 1956,
and several University Ordinances and Statutes. The opposite is true. After Vishaka, and
especially after the passing of the 2013 Act, sexual harassment in the workplace is expressly

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forbidden in every setting, whether public or private organizations , rural or urban, organized
or unorganized. 91

91
Irina Oliveiraand Vitor Ambrósio (2013).Sexual harassment in the hotel housekeeping department.
International Journal of Management Cases.

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 CHAPTER 6
CONCLUSIONS AND RECOMMENDATIONS

No matter how much of a denial there is, sexual harassment is still an issue in the workplace.
The purpose of this effort is to provide a clear picture of the situation, as well as to inform
future legislative and judicial investigations in India. The topic of sexual harassment in the
workplace is addressed in this book, which is a timely and important topic for modern
women. Women today have more opportunities to pursue nontraditional careers as a result of
the shifting social and economic climate. Women in India are particularly susceptible to
sexual harassment because of its prevalence in Indian culture. Ignorance of the subject and the
law around it is widespread, but this kind of ignorance is no longer bliss. The truth is that
women are openly discriminated against and exploited in today's society. The enactment of
the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 is an encouraging start towards addressing this serious problem. The legislature should
keep women's safety and dignity in mind while also addressing the urgent need for a robust
legal framework. The considerations in the preceding chapters lead to the conclusions and
proposals presented here. Finally, the study is evaluated.

Conclusion
Sexual harassment is an old problem with no easy solution. Many women have endured
sexual harassment for decades. This sort of behavior, however, has just been labelled in the
last 20 years. Since the victim has been singled out for harassment because of her gender, we
can call this a case of sex discrimination. The widespread misconception that there must be
physical evidence of sexual violence has led us to overlook other, less obvious forms of
sexual assault, such as sexual innuendo and various forms of verbal abuse. Sexual harassment
in the workplace is a silent killer. Sexuality is nothing new in the workplace; it's just been
very discreet up until recently. People probably used to believe that incidents like these were
uncommon and that their effects on the people and the business were minimal when they did
occur. Women are seen as sexual objects in the traditionally male-dominated business
environment. Sexuality is more openly expressed in her presence. Sexual harassment was the
catalyst that brought the topic of sexuality in the workplace into the open and to the attention
of the general public.499 Sexual harassment in the workplace is a ubiquitous and serious
issue that has devastating effects on victims' physical and mental health. The victim's

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working environment and mental health are negatively impacted, and productivity is lowered
as a result of this type of harassment. As a result, sexual harassment can be a threat to health
and safety. One definition of sexual harassment is "unwanted sexual behavior," which can
take the shape of either "quid pro quo" (in exchange for) or "hostile work environment"
harassment. In most cases of quid pro quo harassment, a sexual favor is promised in
exchange for a favorable work-related outcome, such as a promotion, a transfer, or
confirmation. Creating a hostile work environment is a more common form of harassment
than asking for or hinting at sexual favors directly, and it can take many forms, including the
display of obscene graffiti or the passing of sexual innuendoes, jokes, comments, or physical
touches. The Indian constitution ensures that all women will be treated with respect.
Guarantees against sexual harassment of women in the workplace are included in the
protections afforded by fundamental rights because of their breadth. Article 14 ensures
women's equality in society. The State may establish additional measures for the safety of
women in accordance with Article 15(3)
The principle of "protective discrimination" is established. In regards to employment,
everyone is given a fair shot per Article 16(3)of the constitution. Therefore, the equality
discussed in Articles 14, 15, and 16 is severely affected when working women are subjected
to sexual harassment. In addition, the right to choose one's occupation is guaranteed by
Article 19(1)(g)503. Only when a working woman is safe from harassment can she fully
exercise such independence.
In its seminal decision Vishaka v. State of Rajasthan, India's highest court established a legal
definition for sexual harassment. Article 11 of the International Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) includes the
following definition of sexual harassment, which the Supreme Court based on General
Recommendation No. 23 of the CEDAW Committee. A request for or demand for sexual
favors. b. Exposing audiences to pornographic content. Sexually charged language (d). e. any
other unwanted sexual behavior, whether physical, verbal, or nonverbal.
In 1997, in Vishaka v. State of Rajasthan, the Supreme Court of India formally defined sexual
harassment for the first time in Indian law. The Supreme Court has already ruled that sexual
harassment constituted a crime under section 354 of the Indian Penal Code, 1860 in the case
of Rupen deol Bajaj v. Kanwar Pal Singh Gill, 506. The Supreme Court has ruled that
violating a woman's modesty also constitutes a violation of her dignity. The Bombay High
Court reinstated the woman who had been fired for complaining of sexual harassment,

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finding that her firing constituted an unfair labor practice in violation of Indian law, in the
case Saudi Arabian Airlines v. Shehnaz.
The Supreme Court finally took action to end sexual harassment of working women after
reviewing the numerous incidents of sexual harassment and the shocking lack of legislative
responses to these acts, and by relying on India's ratification of the United Nations
convention on the elimination of all forms of discrimination against women. The court made
this decision on the basis that international law can be invoked as the law of the land in the
event of a void in domestic law and if there is no conflict between international law and
domestic law. The rules established here are known as Vishaka's. Until a specific law on
sexual harassment in the workplace is passed by the government, the Supreme Court ruled
that the Vishaka guideline should be applied. Apparel Export Promotion Council v. A.K.
Chopra established the precedent for Vishaka's case.
There were a number of bills proposing protections for working women introduced to
parliament between 1997 and 2013. Multiple anti-sexual-harassment campaigns and court
rulings have called for legal changes. The Vishaka decision marked a watershed moment in
the court's campaign for gender equality. In 2013, parliament finally enacted a law. The
Sexual Harassment of Women in the Workplace (Prevention, Prohibition, and Redressal) Act
was passed in 2013 to address this issue. The private sector is explicitly included in the scope
of this legislation. The term provided by the Supreme Court in Vishaka Case is the same as
that provided by the Act of 2013. The Internal Complaints Committee requirement imposed
by the Act of 2013 makes it the first piece of legislation to create a legally binding remedy for
private sector employees. It is unlawful to fail to comply. This means that women of all
economic and social backgrounds, including agricultural laborer’s and women in rural
regions, who were not previously covered by Vishaka rules, may now have access to a
redress mechanism thanks to the passage of the 2013 Act. The 2013 Act established a three-
month period of limitation for submitting accusations of sexual harassment in the workplace,
which can be extended to a maximum of six months. Neither Vishaka nor any of the legal
precedents that followed mentioned laying down any such period of limitation. Until then, the
Vishaka judgement should be given full force and effect, and the 2013 Act should be seen as
applying only to women in work relationships.

Suggestions
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013, alone isn't adequate to check the evil of lewd behavior at working environment. Other

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related issues ought to be implemented in conjunction with this Act. Since regulation alone in
not adequate rather the possibility of the general public is likewise important. Even though
the 2013 Act protects women from sexual harassment at work and provides a safe
environment, some jurists have criticized it for a variety of reasons. The Act of 2013 is
burdened by a number of provisions that are becoming its downfall. Taking into account the
above discoveries, the concentrate advances the followings ideas for the thought for
counteraction and redressal of lewd behavior of ladies at working environment. The
following are suggestions for more open and efficient prevention and redress for crimes: 232
1. More extensive Use of 2013 Demonstration The meaning of the work environment under
area 2(o), incorporates any spot visited by the representative emerging out of or throughout
business including transportation gave by the business to undertaking such excursion.
Subsequently, during an authority visit the spot of stay, travel mode and office of
clients/clients are totally included as work environment and the business is obligated in the
event that any occurrence occurs with the lady representative. In the perspective on boss, this
is unfair and outlandish expansion of the obligation of the business. Area 15 decides the
degree of pay to be paid to the ladies which relies upon the psychological injury, torment,
enduring, misfortune in the vocation opportunity because of the occurrence of inappropriate
behavior, clinical costs, pay and monetary status of the respondent and so on. This indicates
that the level of compensation will be higher if the harasser is wealthy, or that the level of
compensation is determined by the accused's income. There seems to be a problem. It will
also provide an incentive to wealthy and senior-level employees who have been accused of
sexual harassment. The way to pay remuneration ought to be changed. The fact that the Act's
violations are not cognizable violations is another flaw. In the event that the bothered lady
decides not to document a crook case neither the police nor the court can't make a move Suo-
moto. Hence, the offenses, under the Demonstration, ought to be cognizable so that police or
court can make a move suo-moto.
2. Legislation is an instrument of economic and social change in all democratic societies. It is
necessary to have a code to end gender discrimination. The improvement of the less fortunate
is specifically the goal of economic and social legislation. The Beijing Declaration, the
CEDAW Convention, and the International Labor Organization all impose obligations on the
Indian government to gender-sensitize the law and take appropriate measures to stop all
forms of discrimination against women. The absence of execution simply decreases them to
paper tags. As a result, gender discrimination prevention provisions require attention.
a. Girls not give the legitimate portion of parental property.

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b. Sons and daughters do not share a surname.
c. Insufficient institutional mechanisms for women's advancement.
d. Pronouncing spouse's or alternately father's name by ladies while opening a financial
balance or for the utilization of individual or house credit and so on.
e. Social practices that discriminate against women.
3. The current cybermorality crisis necessitates regulation of pornographic content. Most
recent innovation is puncturing the security right, particularly of ladies. As a result, there is
an immediate need to regulate this issue.
4. Opportunity of the Press ―The essential right of the opportunity of the press is implied in
the right to speak freely and articulation under article 19 (1) (a). However, according to
article 19, the publisher must make use of this freedom. Article 19(2)'s grounds for
reasonable moral or decency restrictions must be strictly adhered to.
5. Changes in Police Division The taxpayer supported initiative ought to be battling to lewd
behavior. Frequently, the police know nothing about the police shields for ladies and the
revisions to regulations connecting with such defends. In this way, changes in the police
division for fast activity, quick removal of the case, non-thought of impact and assistance to
the ladies casualty should be made accessible.
6. Women’s Cells/Police headquarters In numerous areas and urban communities in the
country, ―women cells under various names, for example, wrongdoing against ladies cell in
Delhi and Mahila Police headquarters in Haryana or all-ladies police headquarters have been
set up as an extraordinary system to adapt to brutality against ladies. There is a pressing need
to set up such cells or police headquarters in every one of the metropolitan regions to control
lewd behavior brutality. There should be more cells or police stations, and they should be
given enough powers, money, and staff.
7. Sensitization to Gender Issues Even in today's world, "the police, the prosecutors, the
medical-legal community, and even the judiciary typically treat violence against women as a
marginal issue." In order to prevent sexual harassment in the workplace, it is essential to
educate judicial officers, police officers, and other stakeholders on the following topics. To
develop a humanistic approach to the women who are the victims of crime, gender awareness
is required. These may include rethinking court, police, rescue, and other organizational
procedures. Because sexual harassment in the workplace is frequently associated with
individuals' behavior and attitudes, developing a multi-pronged Strategy Law on its own is
insufficient to combat the issue. ―The inquiry is one not of the law but rather of general
working environment connections; this must be addressed on an individual basis; everyone

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must co-work and be participated in tackling the issue. The law should serve as a background
and framework, but the policy should be owned by the people. A technique pointed toward
further developing wellbeing and security at work implies that all improvement in this field
ought to be situated in the principal occurrence, on preventive strategies. The point of
counteraction is to make discretionary circumstances that will decrease the event of lewd
behavior to a base. Lewd behavior can be forestalled by focusing completely on the
association work, the functioning circumstances and the work space including the plan of the
working environment. It ought to be expected to what dangers individuals are possibly
uncovered, very much like this is finished with other wellbeing and wellbeing chances.
Badgering ladies can be important for a (expected result) culture in the work environment.
Comments about sex, wall art with pornographic images, and other signs may reflect this
culture. preventive approaches ought to incorporate these parts of the workplace. The High
Court, likewise, underlined the requirement for managers to do whatever it may take to battle
this issue when it held that it will be the obligation of the business or other capable people in
working environments or different foundations to forestall or discourage the commission of
demonstrations of inappropriate behavior and to give the techniques to the goal, settlement or
arraignment of demonstrations of lewd behavior by making all strides required.
8. Subsequently, the businesses ought to safeguard the representative to the degree
conceivable against hostility and savagery and their negative impacts; hostility and brutality
being acts by which the worker is mentally or genuinely hassled undermined or went after, in
conditions that are straightforwardly connected with employment. Likewise, as inappropriate
behavior is much of the time a component of ladies' status in the business progressive system,
strategies to manage inappropriate behavior are probably going to be best where they are
connected to a more extensive strategy to elevate equivalent open doors and to advance the
place of women. Particularly, in wards, where regulations have not really far been sanctioned,
work environment strategies are the main channel accessible to those looking for change. It is
appropriate to mention that the absence of sexual harassment complaints in any organization
is in no way a guarantee that sexual harassment does not exist. Instead, it could be that the
victim is unsure of any policy that pertains to the issue, or if one is in place, she is unsure of
the procedure or transparency of the entire system to handle her complaint. She may be
embarrassed, choose to suffer in silence, or be afraid of being ridiculed, retaliated against, or
made a further victim by the satire. Additionally, she may not want to be perceived as a
troublemaker or may not be able to afford to lose her job due to compelling circumstances.

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9. Restoring the victim's self-confidence the victim may experience stress, feel undervalued,
lose confidence, and become demoralized or negligent at work. In outrageous cases, she
might lose her employment which is not just a misfortune to the
organization/foundation/association or to her individual rather it's a misfortune to the entire
society and at last to mankind. Because it allows women to voice their concerns, having a
clear policy to address the issue can be an effective preventative measure. Since it has been
demonstrated that this strategy increases aggrieved individuals' confidence that their
employer will respond to their plight, it is the most effective way to encourage reporting of
incidents of sexual harassment.514 The following are specific objectives for the employer to
introduce a sexual harassment policy in their organization:
a. To emphasize their commitment to equal employment opportunities and implement and
improve them.
b. Because they cannot afford to lose employees, to support business interests.
c. to bolster their market reputation with this mark of good employment practice.
d. to protect them from costly, stressful, and time-consuming legal actions that might follow
such suits in the future.
10. Collaboration Between the Three Parties: Meeting Meetings Including the staff or its
delegates/worker's guilds all through the improvement of the strategy not just gives areas of
strength for an and a superior premise on which rather more grounded structure can be raised,
yet it likewise guarantees their interest and co-activity with the goal that they become mindful
of the rubric of the approach and have a private feel of different arrangements preceding its
execution. When a policy is going to be reviewed or changed, such sessions should continue
after it is implemented.
The psychology of stress management ought to be taken into consideration when developing
a policy. Based on how women in distress react, a "problem solving model" for
empowerment can be created. Since various individuals respond to the issues in various ways,
comprehensively such ladies can be assembled into four sorts:
a. Uninformed and reluctant: such ladies endure all possible kinds of enduring without gripe
or with next to no shout accepting it as an important and real evil of being present day
working ladies. She has not the foggiest idea concerning how she might reduce the torment
and take care of the issues defying her. In point of fact, she is not even aware that she has the
ability to take action. Instead, she is too overwhelmed to take the necessary actions to resolve
the problem. Befuddled and baffled, she would rather not retreat to the battle and has
submitted herself to the situation and surrendered totally.

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b. Conscious but unwilling: ladies confronting inappropriate behavior can be placed into this
class contingent on their way of behaving which is predominantly described by dread. She
has a rough idea of the steps she will take to resolve the issue, but she lacks the self-assurance
and bravery to attempt it.
c. Unwilling and unaware: survivors of this classification are prepared to battle up to any
degree yet they need proper data about how to go about it, what to do and where would it be
advisable for her, she forward to change the issue.
d. Conscious and willing: This is the most active category, which serves as the foundation for
a violent, revolutionary movement. She is unable to find a suitable solution, nor are her
strategies so refined. Notwithstanding, she is yet prepared to take drives and achieve the ideal
change with extraordinary certainty. What she really wants is proper direction and help. All
of these should be covered by the policy. In situation 1, the institution's policy should be to
reassure her to help her overcome her sense of helplessness and despondency. Women in the
second category need as much support as possible to find the courage to take positive action.
In class (3), fitting direction, information, and data ought to be granted upon her. For women
in category 4, constant supervision, support, and guidance at every step would be extremely
beneficial. In order to empower her, the strategy could be altered in response to new
developments and experiences. Empowering the mind is the right way to help her reach her
full potential, experience seal quality, and escape exploitation. The other requirements are a
positive atmosphere and political willpower.
11. Effective Policies Implementing a policy not only significantly reduces the incidence of
sexual harassment at work but also increases the likelihood that the victim will report the
incident. Additionally, a well-functioning complaints procedure reduces the likelihood of the
organization being taken to court by the parties. Strategy articulations without help from
anyone else seem, by all accounts, to be the most valuable in forestalling types of lewd
behavior which include conduct that isn't focused on unambiguous people like hostile
remarks about ladies as a rule, or the presentation of physically intriguing or unequivocal
material. All strategies ought to contain a strategy proclamation addressing the association
position on lewd behavior.
a. A policy statement is a statement of intent that makes it abundantly clear that this is
unacceptable behavior in the workplace within the organization.
b. Policy statements should explicitly state that a particular workplace is a "Zero Tolerance
Zone," implying that the employer will not tolerate or condone sexual harassment under any
circumstances.

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c. The language utilized for that strategy articulation ought to be straightforward,
unambiguous, and unequivocal.
d. Inappropriate behavior ought to be characterized and made sense of with representations to
make it clear certain that what ‗is' and what ‗is not' inappropriate behavior.
e. It should be stated explicitly in the policy statement that sexual harassment in the
workplace may constitute misconduct that entitles the infraction employee to disciplinary
action.
f. The approach ought to likewise require survivors of inappropriate behavior to report such
episode/conduct to their nearby manager or chief.
g. The policy should include a different way to file a complaint in situations in which the
harasser is the immediate boss or supervisor and the victim is unable to report the situation to
the harasser. It ought to likewise be completely pronounced that the business and the
administration are resolved to handle with any sort of lewd behavior and a similar would be
kept secret and in all sincerity.
h. The equivalent work opportunity commission, EEOC, underlines that counteraction is the
best device for the end of lewd behavior, has specified obviously in its rules in this manner:
Employers should take every necessary step to stop sexual harassment from happening, such
as explicitly raising the issue, expressing strong disapproval, developing appropriate
sanctions, informing employees of their right to raise the issue of harassment under Title VII
and how to do so, and devising strategies to make everyone involved more aware of the
situation.
12. Regions to be shrouded in an inappropriate behavior strategy An arrangement ought to
begin by giving the arrangement proclamation. A code for managers and another for
employees should be drafted for this kind of policy. These codes should outline the steps that
managers and employees should take in the event of sexual harassment and should include
advice for both the harassed and the alleged harassers. The following are some suggestions
for employers in this regard, which are also relevant to employers in India:
a. It should be clear in the policy statement that sexual harassment is a disciplinary offense
and that inappropriate behavior at work is prohibited. Additionally, it ought to describe the
legal situation and explain why such conduct might, in some instances, be illegal.
b. The arrangement proclamation ought to put ―a positive obligation on directors and bosses
to execute the approach and to make a remedial move to guarantee consistence with it.

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c. The strategy proclamation ought to likewise put ― a positive obligation on all
representatives to consent to the arrangement and to guarantee that their partners are treated
with deference and dignity.
d. The strategy proclamation ought to likewise make sense of the system that representatives
exposed to lewd behavior at work ought to follow to get help. Additionally, it should specify
who they should complain to.
e. The strategy explanation ought to contain ―an undertaking that claims of inappropriate
behavior will be managed genuinely, speedily, thoughtfully and secretly, and that
representatives will be safeguarded against exploitation or reprisal for bringing an objection
of sexual harassment.
f. The arrangement explanation ought to likewise determine that suitable disciplinary
measures would be taken against delinquent workers.
g. The approach ought to likewise give another grievance course in situations where
answering to the prompt boss or chief would be pointless as he personally is the culprit. In the
absence of the policy itself, the policy statement ought to be able to stand on its own. In
addition to outlining the procedures for dealing with sexual harassment, the policy itself will
include a definition of sexual harassment as well as examples to illustrate the gray areas
where there may be genuine doubts about whether certain acts would fall under the mischief
of sexual harassment. 2Various definitions of harassment—such as sex, age, race, disability,
and so on—are provided in some policies.517 The definition should also emphasize that the
recipient's perception of the behavior as offensive is crucial because it is not just a behavior
that intends to offend but actually offends the recipient.
13. Dissemination of the policy on its own, the policy won't accomplish anything and won't
help prevent the problem unless it is shared with employees. Until it is effectively
communicated, the employees or potential victims would not even be aware of its existence.
It is possible that victims have no idea who to talk to for help, how to complain, or how to get
their problems fixed. On the off chance that dispersal of data is not there, the potential
culprits may not understand, one, the unseemliness of their direct insect two, the potential
outcomes of the said conduct. Hence, the courts, law specialist, academicians, legitimate
observers, and different bodies overall have laid extraordinary weight on the prerequisite of
powerful spread of the lewd behavior strategy as just having an approach on inappropriate
behavior isn't adequate. It would also inform employees of their rights and responsibilities in
the event of sexual harassment. However, the publication of a policy statement does not

DELL
prevent individual-specific forms of sexual harassment. To fight sexual harassment, you must
deal with sensitive issues that are connected to well-established patterns of human
relationships. It involves changing people's attitudes about how women are treated and valued
as workers and their role in the workplace. In the Vishaka case, the Supreme Court of India
stated, "Express prohibition of sexual harassment.... at the workplaces should be notified,
published and circulated inappropriately." The court also stated, "Awareness of the rights of
female employees in this regard should be created in particular by prominently notifying the
guidelines (and appropriate legislation when enacted on the subject) in a suitable manner."
that their complaint will be addressed fairly and promptly; and that employees are informed
of the potential repercussions of sexual harassment. This kind of communication will not only
bring attention to management's determination to eradicate sexual harassment, but it will also
foster an atmosphere free of any form of oppression or harassment.520 This kind of
communication will also bring attention to management's determination to eradicate sexual
harassment, which will improve the environment in which it will not occur. A sexual
harassment prevention orientation program could go a long way in spreading the policy
through a variety of channels. It can be accomplished:
a. In handbooks, posters, and notices; b. On the organization's website, T.V. channel, or
intranet; c. In department circulars, periodicals, and memos; d. In discussions and staff
meetings. An employee's written confirmation of receiving a copy of the policy would assist
the employee in evaluating the efficiency of the communication strategy employed.
14. Principal Responsibilities of Administrators In any organization or institution, it is the
primary responsibility of the key administrators—employees, managers, and supervisors—to
ensure that the workplace is free of all forms of harassment while respecting the dignity of its
workers. The policy should be put into effect and promoted in every way possible.
Supervisors and managers should make sure that complaints are properly acknowledged and
handled according to procedure. In order to avoid being further harmed or victimized, they
should keep the complaint confidential while fulfilling this duty.
15. Programs for Training In order to combat the problem of sexual harassment in the
workplace, raising awareness is one of the most important tools, and giving people practical
training can help spread the word. It not only helps those who need it, but it also sets off a
chain reaction to spread the information to millions of other people who silently tolerate this
kind of violence because they don't know about it. Preparing is among the most significant of
the proactive measure’s shapes of an inappropriate behavior strategy be successfully carried
out practically speaking. The provision of training for managers and supervisors is an

DELL
important means of ensuring that sexual harassment does not occur and that, if it does, the
issue is effectively resolved.522 Having a training mechanism in place bolsters an employer's
affirmative defense that it took reasonable precautions to prevent such incidents. Additionally,
it demonstrates that the company's policy is significant enough to permit preventative
measures. If implemented wholeheartedly, thoughtful, and well-thought-out training
strategies would not only make the employees aware of how inappropriate their behavior was,
but they would also significantly increase their awareness of the whole issue. Sessions of
effective training aim for the following:
a. It safeguards employees by dissuading potential perpetrators by educating participants on
their responsibilities under this policy and the issues they might face if they engage in such
conduct.
b. It permits the business to perceive, recognize and answer the irritating conduct in its
beginning phases in order to deal with it without any problem.
c. It ought to be granted first to the administrative and administrative framework workers at
the passage level before the arrangement is really announced since the people who may be
involved in the maintaining the approach ought to be all around familiar with the entire issue.
d. It ought to clarify its significance and how to execute it.
e. It should equip them to handle complaints because this training is likely to lead to or
increase their likelihood, and it should make employees realize that they no longer have to
put up with behavior like this that is unacceptable.
f. After the officials who will manage badgering cases are prepared, the preparation ought to
be led until the end of the staff which not just makes them more mindful, concerned and sure
yet additionally sets off a development against such examples and unfriendly work
environment climate which they had as of recently endured as unavoidable. Because some
employees may still be reluctant to participate in such training, it might be included in the
curriculum of a management course or a course on interpersonal skills, among other things.
Also, this kind of training in general and the company's policy could be part of the training
for probationers or should be part of the training for new employees when they start work.
The organization's policy and procedure in this regard can be effectively communicated
through regular training programs. Such projects ought to essentially zero in on the
accompanying perspectives to empower them:
a. To embrace an extremely fine, goal, delicate and earnest demeanor to protests of
Inappropriate behavior independent of the status/assignment of the person in question and the
culprit

DELL
b. To keep up with secrecy of the objection and personality of both the gatherings in the
entirety of its genuineness
c. To channel malevolent and misleading grumblings, if any, from the veritable ones and
tackle them starting stage itself
d. To set them up to execute the approach
e. To prepare them about their obligations and obligations and the method they need to
follow in the event that such occurrence is accounted for or suo motu they need to take an
action.
16. Complaint Must Be Supported The complainant is obligated to back up her claims. Just
because a female employee has made an accusation of sexual harassment against a male
coworker or officer does not preclude the respondent or the complainant from doing so. As a
result, if a female employee files a complaint of sexual harassment and the employer sets up a
"complaint committee" to investigate the claims, the complainant cannot seek any relief or
directions in her favor without participating in the investigation and proving her claims. The
Madras Division Bench stated, in support of the protections provided to women, "Women
work at workplaces with greater strain." As a result, our laws—including our constitution and
the decisions of the Supreme Court—offer a number of safeguards to women, particularly
those working women, so that they can perform their jobs with dignity. While there can be no
two assessments, in this way, that transgressors ought not be permitted to go without any
consequence, however ―at a similar time, the business, who should watch out for the person
in question and the delinquent, isn't supposed to permit the ladies to utilize the safeguard so
introduced by the High Court as a weapon to unleash retaliation. It is true that we are
obligated to follow the orders of the Supreme Court; however, this does not mean that they
can be interpreted to benefit a woman like the petitioner for her own benefit. Disciplinary
Actions A sexual harassment policy aims to create a healthy work environment. As a result,
the likelihood of harassing behavior becoming detrimental to the workplace decreases the
sooner action is taken to eliminate it. If the harasser is found guilty of sexual harassment
during the investigation, the employer should take the necessary disciplinary action against
them. However, the severity of the offense should be reflected in the punishment. The
employer should take appropriate disciplinary action in accordance with the relevant service
rules when the harasser's behavior constitutes misconduct in employment. The goal of the
Vishaka guidelines was to ensure that the workplace was made safe and to reassure other
female employees that the employer would take prompt and serious action in the event of
similar behavior in the future. In that sense, the prerequisite of making a move is not simply

DELL
emotional to the episode, or realities of a case, it is to follow and support a more extensive

DELL
purpose. The High Court has been of this assessment that for a situation including
inappropriate behavior of a female representative by her male chief, bringing about a scary
and unfriendly work space for the person in question, the fitting punishment would be the
excusal of the harasser from administration. Rebuking the high court for suppress the
harasser' excusal on the indicated ground that the harasser did not ―molest the casualty yet
just ― tried to molest her, the High Court said, ― The High Court's perceptions defy
authenticity and lose their holiness and believability. In the moment case, the way of
behaving of the (harasser) did not fail to be unbelievable for need of a genuine attack or
contact by the predominant officer. Saving the high court's judgment, the Zenith Court
expressed that compassion in such cases for the unrivaled is entirely lost and kindness has no
significance. The court likewise said that decrease of discipline in such a case ―is bound to
demoralizingly affect the ladies’ workers and is a retrograde step. The High Court saw that
there was no support for the High court to impede the discipline of excusal. Policies must
ensure that appropriate deterrent sanctions are in place to prevent such incidents from being
dismissed as a joke or the result of the perpetrator's "poor judgment." Negative performance
reviews, memos, verbal warnings, suspension, transfer, or demotion, and ultimately
termination are all examples of penalties. Obviously, the assent applied will rely on the nature
and level of the provocation. The most severe forms of harassment, such as physical violence,
would automatically result in dismissal, may be specifically mentioned. Other strategies, such
as refusing to do business with the harasser or raising objections in correspondence, may
prove to be more effective in cases of third-party harassment. In addition, innovative
strategies may be developed based on the circumstances and nature of the offense. Open
acknowledgment might be one such strategy.

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DISSERTATION
y65r
ORIGINALITY REPORT

1 %
SIMILARITY INDEX
14%
INTERNET SOURCES
9%
PUBLICATIONS
13%
STUDENT PAPERS

PRIMARY SOURCES

Submitted to Christ University

1
Student Paper
5%
Submitted to Uttaranchal University,
2
Dehradun
Student Paper
2%
www.dlnluassam.ndl.iitkgp.ac.in
3 Internet Source
2%
shodhganga.inflibnet.ac.in
4 Internet Source
1%
www.tandfonline.com
5 Internet Source
1%
Submitted to Amity University
6 Student Paper
1%
Submitted to Lovely Professional University
7 Student Paper
1%
www.icsi.edu
8
<1 %
Internet Source

doi.org
9
<1 %
Internet Source
 <1 %
10
blog.ipleaders.in
Internet Source

11
hdl.handle.net
Internet Source <1 %
12
www.ilo.org
Internet Source <1 %
13
core.ac.uk
Internet Source <1 %
14
www.childtrafficking.com
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15
dlmssv.inflibnet.ac.in
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16
documents.worldbank.org
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17
www.xournals.com
Internet Source <1 %
18
ir.amu.ac.in
Internet Source <1 %
19
Submitted to Damodaram Sanjivayya
National Law University
<1 %
Student Paper

20
"Gender Equality", Springer Science
and Business Media LLC, 2021
<1 %
Publication
21
Indira Jaising. "Eliminating sexual harassment
at the workplace: broadening the discourse
<1 %
on gender equality", Commonwealth Law
Bulletin, 2014
Publication

22
vvgnli.gov.in
Internet Source <1 %
23
baadalsg.inflibnet.ac.in
Internet Source <1 %
24
www.researchgate.net
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25
nishithdesai.com
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26 sexualharassmentatworkplace.indianworkingwom a
1 n.or <
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27
pdfcoffee.com
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html.pdfcookie.com
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29
researchspace.ukzn.ac.za
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worldwidescience.org
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31
www.legalservicesindia.com
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knallp.com
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33
escholarship.org
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34
Submitted to University of Petroleum
and Energy Studies
<1 %
Student Paper

35
www.servicetax.gov.in
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36
www.tojqi.net
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37
www.ijlra.com
Internet Source <1 %
38
Submitted to Gujarat National Law University
Student Paper <1 %
39
Submitted to Kolej Universiti Poly-Tech MARA
Student Paper <1 %
40
sro.sussex.ac.uk
Internet Source <1 %
41
Submitted to AUT University
Student Paper <1 %
42
Submitted to Mawlana Bhashani Science and
Technology University
<1 %
Student Paper
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epdf.tips
Internet Source <1 %
44
img1.wsimg.com
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vdoc.pub
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www.ecoi.net
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indialawyers.wordpress.com
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48
www.jetir.org
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idoc.pub
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50
Submitted to Submitted on 1685454210138
Student Paper <1 %
51
www.ncuindia.edu
Internet Source <1 %
52
www.yumpu.com
Internet Source <1 %
53
Equal Opportunities International, Volume 17,
Issue 3-5 (2012-08-06)
<1 %
Publication
54
Stephanie R. Sipe, C. Douglas Johnson, Donna
K. Fisher. "University students' perceptions of
<1 %
sexual harassment in the workplace", Equal
Opportunities International, 2009
Publication

55
pure.spbu.ru
Internet Source <1 %
56
vdocument.in
Internet Source <1 %
57
Submitted to Chapman University
Student Paper <1 %
58
Submitted to Global Banking Training
Student Paper <1 %
59
Submitted to Symbiosis International School
Student Paper <1 %
60
Taneja, R.. "Legal Liability for Sexual
Harassment in the Workplace: India",
<1 %
International Journal of Discrimination and
the Law, 2005.
Publication

61
www.nituk.ac.in
Internet Source <1 %
62
" Vishaka and Others . State of Rajasthan and
Others ", International Law Reports, 2021
<1 %
Publication
 ethese
63
www.ibisreproductivehealth.org s.saur
Internet Source
ashtra
univer
www.lawyerservices.in
64 Internet Source
sity.ed
u

65
journal.walisongo.ac.id
Internet Source

66
static.flygofirst.com
Internet Source

67
www.ncbi.nlm.nih.gov
Internet Source

68
Submitted to University of
Melbourne
Student Paper

69
journalijcar.org
Internet Source

70
nhrc.nic.in
Internet Source

71
scroll.in
Internet Source

72
thedailyguardian.com
Internet Source

73
Submitted to RICS School of
Built Environment, Amity
University
74 Student Paper
< 1%
1
% <1 %
< <1 %
1
% <1 %
<
<1 %
1
%

<
1
%

<
1
%

<
1
%

<
 Internet Source

<1 %
75
Submitted to University of Huddersfield
Student Paper <1 %
76
airo.org.in
Internet Source <1 %
77
councilofethics.org
Internet Source <1 %
78
es.scribd.com
Internet Source <1 %
79
niilmuniversity.in
Internet Source <1 %
80
ungc-production.s3.us-west-
2.amazonaws.com
<1 %
Internet Source

81
www.thecommonwealth-ilibrary.org
Internet Source <1 %
82
"India and International Law", Brill, 2005
Publication <1 %
83
Submitted to Christ College of Law
Student Paper <1 %
84
Eva Brems, Charles Olufemi Adekoya.
"Human Rights Enforcement by People
<1 %
Living in Poverty: Access to Justice in Nigeria",
Journal of African Law, 2010
 Publication

85
Submitted to Indian Institute of
Corporate Affairs
<1 %
Student Paper

86
Nivedita Raju. "Beyond ‘Sex’ in Sexual
Harassment: A Feminist Critique of the Indian
<1 %
Sexual Harassment Act", Indian Journal of
Gender Studies, 2020
Publication

87
Submitted to O. P. Jindal Global University
Student Paper <1 %
88
Submitted to Symbiosis International
University
<1 %
Student Paper

89
academicbusinessworld.org
Internet Source <1 %
90
int-jecse.net
Internet Source <1 %
91
wghr.org
Internet Source <1 %
92
www.egyankosh.ac.in
Internet Source <1 %
93
Submitted to Hidayatullah National Law
University, Raipur
<1 %
Student Paper
94
Indrani Sen. "Devoted Wife/Sensuous Bibi:
Colonial Constructions of the Indian Woman,
<1 %
1860-1900", Indian Journal of Gender
Studies, 2016
Publication

95
Kristine Perry. "Chapter 7 Climate Migration
and the Rights of Persons with Disabilities",
<1 %
Springer Science and Business Media LLC,
2023
Publication

96
Submitted to Macquarie University
Student Paper <1 %
97
Submitted to National Institute of
Technology Warangal
<1 %
Student Paper

98
blog.iledu.in
Internet Source <1 %
99
dalitonline.news.blog
Internet Source <1 %
100
supremoamicus.org
Internet Source <1 %

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Exclude matches < 14 words
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