Unit- II

Topic- Crime Against

Women
Sexual Harassment of
Women at Workplace
DR. SRISHTY BANERJEE
VIPS, VSLLS
Violence Against Women

Sexual harassment at a workplace is considered violation of

women's right to equality, life and liberty. It creates an insecure
and hostile work environment, which discourage women's
participation in work, thereby adversely affecting their social
and economic empowerment and the goal of inclusive growth.
Maneka Gandhi- With improved access to education and
employment, millions of Indian women are entering the
country’s workforce today. Many working women face sexual
harassment at workplace on daily basis. It is crucial therefore
that as a country, we strive to eliminate work-place sexual
harassment since women have the right to work in safe and
secure environment. Protection of women is necessary for
gender equality and development of nation as a whole.
Sexual harassment constitutes a gross
violation of women's right to equality
and dignity

Roots
patriarchy and
its attendant perception that men are superior to women and
that some forms of violence against women are acceptable.
Genesis of Law in India

 1992- Bhanwari Devi Case

 Vishaka v State of Rajasthan (1997)
 UN Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
 Apparel Export Promotion Council v. A.K Chopra 1999 In this
case, the Supreme Court reiterated the law laid down in
the Vishaka Judgment and upheld the dismissal of a
superior officer of the Delhi based Apparel Export
Promotion Council who was found guilty of sexually
harassing a subordinate female employee at the workplace.
In this judgment, the Supreme Court enlarged the definition
of sexual harassment by ruling that physical contact was not
essential for it to amount to an act of sexual harassment
SC interpretation on SHW

The Supreme Court defined sexual harassment as any

unwelcome, sexually determined physical, verbal, or
non-verbal conduct. Examples included sexually
suggestive remarks about women, demands for sexual
favours, and sexually offensive visuals in the workplace.
The definition also covered situations where a woman
could be disadvantaged in her workplace as a result of
threats relating to employment decisions that could
negatively affect her working life.
Preventive Steps in
Vishakha Guidelines
 Sexual harassment should be affirmatively discussed at workers'
meetings, employer-employee meetings, etc.
 Guidelines should be prominently displayed to create awareness about
the rights of female employees.
 The employer should assist persons affected in cases of sexual
harassment by outsiders.
 Central and state governments must adopt measures, including
legislation, to ensure that private employers also observe the
guidelines.
 Names and contact numbers of members of the complaints committee
must be prominently displayed.
Sexual Harassment of Women at
Workplace (Prevention, Prohibition
and Redressal) Act

Consistent with the Vishaka judgment, the Act aspires to ensure women’s
right to workplace equality, free from sexual harassment through
compliance with the three elements:
Prohibition
Prevention
Redress
Foundation of the Act

The POSH Act has been developed on and around these three
foundations:
Sexual harassment at workplaces violates fundamental rights of gender
equality and right to life and liberty and right to work with human
dignity guaranteed under the Articles 14, 15 and 21 of the Constitution
of India.
In addition, failing to protect women against sexual harassment and not
able to save their right to work with dignity went against the universally
recognized human rights by international conventions and instruments
such as Convention on the Elimination of all Forms of Discrimination
against Women, which has been ratified on June 25, 1993, by the
Government of India. Thus, the POSH Act is an attempt to overcome
these shortfalls.
POSH Act is an extension of Vishakha Guidelines, 1997, introduced by
the Supreme Court which had laid down guidelines for dealing with
sexual harassment of women at the workplace, pending formal
legislation.
Definition of Sexual Harassment
at work place- Sec.2(n)

“sexual harassment” includes any one or more of the following

unwelcome acts or behavior (whether directly or by implication)
namely:—
 (i) physical contact and advances; or
 (ii) a demand or request for sexual favours; or
 (iii) making sexually coloured remarks; or
 (iv) showing pornography; or
 (v) any other unwelcome physical, verbal or non-verbal conduct of
sexual nature;
Aggrieved Woman under the Act
Act at a Glance

Complaints
Committees- Internal Complaint and Inquiry
Definitions Sections-
and Local Complaint into Complaints-
Chapter I
Committee- Chapter II Chapter IV and V
and III

Duties of Employer- Duties of District Miscellaneous-

Chapter VI Officer-Chapter VII Chapter VIII
Compensation

For the purpose of determining the sums to be paid to the

aggrieved woman under clause (ii) of sub-section (3) of section 13,
the Internal Committee or the Local Committee, as the case may
be, shall have regard to—
 (a) the mental trauma, pain, suffering and emotional distress
caused to the aggrieved woman;
 (b) the loss in the career opportunity due to the incident of
sexual harassment;
 (c) medical expenses incurred by the victim for physical or
psychiatric treatment;
 (d) the income and financial status of the respondent;
 (e) feasibility of such payment in lump sum or in instalments.