Sexual Harassment at the Workplace

Introduction
Sexual Harassment at the Workplace (SHW) has remained one of the central concerns of
the women's movement in India since the early-'80s (Patel, 2002). During the 1980s,
militant action by the Forum Against Oppression of Women (Mumbai) against the sexual
harassment of nurses in public and private hospitals by patients and their male relatives,
ward-boys and other hospital staff; of air-hostesses by their colleagues and passengers; of
teachers by their colleagues, principals and management representatives; of PhD students
by their guides and so on and so forth received a lukewarm response from the trade
unions and adverse publicity in the media (FAOW, 1991). But this trivialisation did not
deter the women's rights activists. More and more working women started taking
systematic action against SHW. Baailancho Saad ('Women's Voice') in Goa mobilised
public opinion against the chief minister, who allegedly harassed his secretary, through
demonstrations, rallies and sit-ins till the minister was forced to resign. In 1990, the same
organisation filed a public interest litigation to bring amendments in the antiquated rape
law that defined rape in the narrowest sense of 'penile penetration into the vagina'.
Several women's groups came forward in support of a new concern about a variety of
sexually violent acts against women, including SHW (Chorine et al, 1999).
During the 1990s, the most controversial and brutal gang rape at the workplace involved
a Rajasthan state government employee who tried to prevent child marriage as part of her
duties as a worker of the Women Development Programme. The feudal patriarchs who
were enraged by her (in their words: "a lowly woman from a poor and potter
community") 'guts' decided to teach her a lesson and raped her repeatedly (Samhita,
2001). After an extremely humiliating legal battle in the Rajasthan High Court the rape
survivor did not get justice and the rapists -- "educated and upper caste affluent men" -were allowed to go free. This enraged a women's rights group called Vishakha that filed a
public interest litigation in the Supreme Court of India (Combat Law, 2003).

Some noteworthy complaints of SHW that came into the national limelight were filed by:

Rupan Deo Bajaj, an IAS officer in Chandigarh, against 'super cop' K P S Gill.

An activist from the All India Democratic Women's Association, against the
environment minister in Dehra Dun.

An airhostess against her colleague Mahesh Kumar Lala, in Mumbai.

An IAS officer in Thiruvananthapuram, against the state minister.

Before 1997, women experiencing SHW had to lodge a complaint under Section 354 of
the Indian Penal Code that deals with the 'criminal assault of women to outrage women's
modesty', and Section 509 that punishes an individual/individuals for using a 'word,
gesture or act intended to insult the modesty of a woman'. These sections left the
interpretation of 'outraging women's modesty' to the discretion of the police officer.
In 1997, the Supreme Court passed a landmark judgment in the Vishakha case laying
down guidelines to be followed by establishments in dealing with complaints about
sexual harassment. The court stated that these guidelines were to be implemented until
legislation is passed to deal with the issue (Mathew, 2002).
Pursuant to this, the Government of India requested the National Commission for Women
(NCW) to draft the legislation. A number of issues were raised regarding the NCW draft,
until, ultimately, a drafting committee was set up to make a fresh draft. Several women's
organisations are part of this committee, including Majlis from Mumbai, which was
asked to make the draft. Women's organisations and women lawyers associated with trade
unions in Mumbai have collectively worked on the draft with Majlis. Particular concern,
whilst working out the draft, has been to include the unorganised sector and to
incorporate provisions of the labour law. The bill to be introduced in Parliament is known
as the Sexual Harassment Of Women At The Workplace (Prevention And Redressal) Bill,
2004. The bill provides for the prevention and redressal of sexual harassment of women
at the workplace, or arising during and in the course of their employment and matters
connected thereto, in keeping with the principles of equality, freedom, life and liberty as

enshrined in the Constitution of India, and as upheld by the Supreme Court in Vishakha
vs State of Rajasthan [1997(7) SCC.323] and as reflected in the Convention on the
Elimination of all Forms of Discrimination against Women (CEDAW) which has been
ratified by the Government of India.
Scenario in the post-Vishakha guidelines period
Several organisations have carried out research on SHW that has been widely
disseminated. A survey by Sakshi (Delhi) throws up some worrying data: 80% of
respondents revealed that SHW exists, 49% had encountered SHW, 41% had experienced
SHW, 53% women and men did not have equal opportunities, 53% were treated unfairly
by supervisors, employers and co-workers, 58% had not heard of the Supreme Court's
directive of 1997, and only 20% of organisations had implemented the Vishakha
guidelines (Dalal, 2003). Controversy over SHW by the senior manager of Infosys (Nair,
2003), by the chairman and managing director of NALCO (Ramanujan, 2004), the
Medha Kotwal petition on SHW of a PhD student by her guide at M S University,
Vadodara, complaints against a senior professor at Lucknow University (Times of India,
2003), complaints about SHW by the film star Sushmita Sen against the CEO of CocaCola have all alerted employers to the economic burden and efficiency loss from SHW.
Still, most private companies refrain from investing funds in such committees.
A Sophia Centre for Women's Studies and Development study shows that awareness and
implementation of the Supreme Court's guidelines is very low and there is a need to
spread awareness about the same. A study by Samhita (Kolkata), throwing light on the
Bhanvari Devi case, has highlighted to the state and civil society the gravity of the
menace of SHW (SCWSD and ICHRL, 2003).
Recently, Times Foundation organised a workshop for the corporate world on SHW. The
testimonies of several participants at the workshop revealed that SHW is prevalent even
in companies where the victims are highly educated and have considerable economic
leverage. Similar views have been expressed in the business journals (Business Today, 19-2002).

On October 20, 2004, students beat up an anatomy professor from Versova, Andheri, for
alleged sexual misconduct (The Indian Express, Mumbai Newsline, 21-10-2004).
Definition of sexual harassment at workplace
The Supreme Court directive of 1997 clearly and unambiguously provides an answer to
the question 'What is sexual harassment?'.
As defined in the Supreme Court guidelines (Vishakha vs State of Rajasthan, August
1997), sexual harassment includes such unwelcome sexually determined behaviour as:

Physical contact

A demand or request for sexual favours

Sexually coloured remarks

Showing pornography

Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature,

for example, leering, telling dirty jokes, making sexual remarks about a person's
body, etc

The Supreme Court directive provided the legitimate space for the hidden truth about
SHW to surface; earlier one only heard about victim-blaming, witch-hunting and
blackmailing. Now women are fighting back tooth and nail. The electronic and print
media have become extremely responsive to the issue of SHW. My firsthand experiences
with providing support to women survivors of SHW has convinced me that we need to
counter the myths about SHW with concrete facts, case studies and a database.
Myths and facts about sexual harassment
Myth 1: Women enjoy eve-teasing/sexual harassment.
Fact: Eve-teasing/sexual harassment is humiliating, intimidating, painful and frightening.

Myth 2: Eve-teasing is harmless flirtation. Women who object have no sense of humour.
Fact: Behaviour that is unwelcome cannot be considered harmless or funny. Sexual
harassment is defined by its impact on the woman rather than the intent of the perpetrator.
Myth 3: Women ask for SHW. Only women who are provocatively dressed are sexually
harassed.
Fact: This is the classic way of shifting blame from the harasser to the victim. Women
have the right to act, dress and move around freely without the threat of attack or
harassment.
The most popular slogan of the women's rights movement of the past three decades has
been:|
However we dress, wherever we go
'Yes' means 'Yes' and 'No' means 'No'.
Myth 4: Women who say 'no' actually mean 'yes'.
Fact: This is a common myth used by men to justify sexual aggression and one-sided
sexual advances.
Myth 5: Sexual harassment is not really an issue. It doesn't hurt anyone.
Fact: Persons subjected to sexual harassment experience a wide range of physical and
psychological ailments. There are economic consequences for the victim's physical and
mental wellbeing, and the organisation's productivity, efficiency and work ethic.
Myth 6: Sexual harassment is 'natural' male behaviour. Man is the hunter and woman the
prey.
Fact: Men are not born knowing how to sexually harass others. It's learned within the
context of a sexist and patriarchal environment that perpetuates control over women's
sexuality, fertility and labour.
Myth 7: Women keep quiet. That means they like it.

Fact: Women keep quiet to avoid the stigma attached and retaliation from the harasser.
Women are afraid that they will be accused of provoking it, of being victimised, of being
called liars and made the subject of gossip.
Myth 8: If women go to places where they are not welcome, they should expect sexual
harassment.
Fact: Discriminatory behaviour and abuse is unlawful. Women have equal access to all
work facilities. A safe workplace is a woman's legal right.
The Vishakha guidelines categorically state that:
It is the duty of the employer or other responsible persons in the workplace or institution
to:

Prevent sexual harassment

Provide mechanisms for the resolution of complaints

All women who draw a regular salary, receive an honorarium, or work in a voluntary
capacity in the government, private sector or unorganised sector come under the purview
of these guidelines.
Complaints mechanism

All workplaces should have an appropriate complaints mechanism with a

complaints committee, special counsellor or other support services.

A woman must head the complaints committee and no less than half its members
should be women.

The committee should include an NGO/individual familiar with the issue of

sexual harassment.

The complaints procedure must be time-bound.

Confidentiality must be maintained.

Complainants/witnesses should not experience victimisation/discrimination

during the process.

Preventive steps

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.

Employers' responsibilities

Recognise sexual harassment as a serious offence.

Recognise the responsibility of the company/ factory/workplace to prevent and

deal with sexual harassment at the workplace.

Recognise the liability of the company, etc, for sexual harassment by the
employees or management. Employers are not necessarily insulated from that
liability because they were not aware of sexual harassment by staff.

Formulate an anti-sexual harassment policy. This should include:

* A clear statement of the employer's commitment to a workplace free of unlawful

discrimination and harassment.

* Clear definition of sexual harassment (using examples), and prohibition of such

behaviour as an offence.
* Constitution of a complaints committee to investigate, mediate, counsel and resolve
cases of sexual harassment. The Supreme Court guidelines envisage a proactive role for
the complaints committee, and prevention of sexual harassment at work is a crucial role.
It is thus imperative that the committee consist of persons who are sensitive and open to
the issues faced by women.
* A statement that anyone found guilty of harassment after investigation will be subject to
disciplinary action.

The range of penalties that the complaints committee can levy against the
offender should include:

* Explicit protection of the confidentiality of the victim of harassment and of witnesses.

* A guarantee that neither complainant nor witnesses will be subjected to retaliation.
* Publishing the policy and making copies available at the workplace. Discussing the
policy with all new recruits and existing employees. Third-party suppliers and clients
should also be aware of the policy.
* Conducting periodic training for all employees, with active involvement of the
complaints committee.
Employers' duty
Freedom from sexual harassment is a condition of work that an employee is entitled to
expect. Women's rights at the workplace are human rights.
There are four perspectives on SHW, as explained below:
Feminist

Legal

1 Power relation, male 1 Exploitative

over woman

Organisational
View A
1 Inter-personal

View B
1 Inter-personal
.

2 Constitutes economic 2 Involves both

2 Consists of

2 Improper use of

implicit and

misinterpretation or

power

explicit

misunderstanding of

to extort gratification

terms of

person's intentions

3 Threatens women's

employment
3 Used as a basis

3 'Love affair gone

3 Treats women as

livelihood

for

sour'

sex

coercion

employment

objects

4 Reflects women's

decisions
4 Produces

subordinate status in

consequences from should organisation

exploitative,

society

submission to/or

improper

4 Personal matter. Why 4 Coercive,

get involved?

refusal of advances
5 Asserts women's sex 5 Promotes

5 Can hurt reputation of 5 Asserts women's

role over her work role intimidating,

hostile

sex role over work

accused

role

or offensive work
environment
6 Parallels rape

6 Aberrant behavior

Recommendations of the National Commission for Women (NCW) on safety of

women in and around college and university campuses
In response to barbaric sexual violence against three women students in three different
places within a week in Delhi University campuses, in 2002, the NCW called an
emergency meeting to discuss the safety of women at educational institutions.
Recommendations that emerged out of the meeting, convened by the National
Commission for Women with the Principal Secretary (Home), Delhi Police Commission
and heads of educational institutions regarding strategies to prevent the occurrence of
rape and sexual harassment in and around campuses, are as follows:
Police

More PCR vans should be deployed to patrol educational institutions.

Along the lines of women's helplines, college helplines should also be provided
and its number should be prominently displayed.

There should be police patrols around educational institutions at least for two
hours before and after college gets over.

There is a need to improve relationships between the police and educational

institutions.

Every case of rape must be handled by a woman police officer.

The attitude of the police needs to be made more positive towards the victim.

Educational institutions

Educational institutions must ensure proper lighting in an around their premises,

as darkness is conducive to crime. The height of hedges must be reduced in
campuses for proper visibility.

An internal security committee should be constituted by all educational

institutions, headed by the head of the institution, police officer and student
representatives who must be invited for meetings to review the security
arrangements. If the need arises, other government departments like the PWD,
MCD, etc, may be invited to review the security arrangements.

The internal security committee should have monthly or bi-monthly meetings and
must maintain the minutes of the meeting.

Experts should be invited to inspect the college area to assess the security needs
and arrangements on campus.

Educational institutions must perform their administrative role for the security of
the students.

Students must be given proper training in self-defence.

The telephone numbers of women's helplines must be provided.

Entry into educational institutions must be restricted. Entry should be through

identity cards.

Construction workers should not be allowed to stay on the premises of the

institute overnight.

Safety gadgets should be provided in hostels.

Educational institutions could engage retired police officers on their security

committees/boards.

De-politicisation of the campus is a must; institutions must ensure this.

Awareness programmes on the safety and security of students must be conducted

on a regular basis.

Media

There is a need to sensitise the media regarding the repeated relay of incidents
relating to violence against women. This has negative repercussions on society,
especially on children.

The National Commission for Women directs the media not to intrude on the
privacy of the victim.

Conclusion
Sexual harassment at the workplace is a universal problem. Even though the occurrence
of sexual harassment at the workplace is widespread in India and elsewhere, this is the
first time it has been recognised as an infringement of the fundamental rights of a woman,

under Article 19(1)(g) of the Constitution of India "to practice any profession or to carry
out any occupation, trade or business".
Of late, the problem of sexual harassment at the workplace has assumed serious
proportions, with a meteoric rise in the number of cases. Surprisingly, however, in most
cases women do not report the matter to the concerned authorities.
In India, Articles 14, 15 and 21 of the Indian Constitution provide safeguards against all
forms of discrimination. In recent times, the Supreme Court has given two landmark
judgments -- Vishakha vs State of Rajasthan, 1997, and Apparel Export Promotion
Council vs A K Chopra, 1999 -- in which it laid down certain guidelines and measures to
ensure the prevention of such incidents. Despite these developments, the problem of
sexual harassment is assuming alarming proportions and there is a pressing need for
domestic laws on the issue.
India is rapidly advancing in its developmental goals and more and more women are
joining the workforce. It is the duty of the state to provide for the wellbeing and respect
of its citizens to prevent frustration, low self-esteem, insecurity and emotional
disturbance, which, in turn, could affect business efficacy, leading to loss of production
and loss of reputation for the organisation or the employer. In fact, the recognition of the
right to protection against sexual harassment is an intrinsic component of the protection
of women's human rights. It is also a step towards providing women independence,
equality of opportunity and the right to work with dignity.
In the last 50 years, various international human rights organisations have been focusing
on promoting and protecting women's rights. The United Nations has acknowledged that
women's rights are synonymous with human rights. The same was reiterated in the
Beijing Declaration.
Most international women's human rights movements have raised their voice against
abuse and violence perpetrated against women in general. In 1979, the UN General
Assembly adopted the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW). Areas where discrimination was found to be rampant include

political rights, marriage, family and employment. The convention emphasised that
discrimination and attacks on a woman's dignity violated the principle of equality of
rights.1
Though the education directorates circular does not make a mention of the name
Vishakha guidelines, the guidelines have, however, been enclosed along with the
circular sent to all educational institutions.

http://infochangeindia.org/women/analysis/a-brief-history-of-the-battle-against-

sexual-harassment-at-the-workplace.html

The Sexual Harassment of Women at

Workplace (Prevention, Prohibition
and Redressal) Act, 2013
India finally enacted its law on prevention of sexual harassment against female
employees at the workplace. The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act") has been
made effective on April 23, 2013 by way of publication in the Gazette of India.
The statute has been enacted almost 16 years after the Supreme Court of India, in its
landmark judgment in Vishaka and others v. State of Rajasthan ("Vishaka
Judgement")1 , laid down guidelines making it mandatory for every employer to provide
a mechanism to redress grievances pertaining to workplace sexual harassment and
enforce the right to gender equality of working women ("Guidelines"). Codification of
the requirements is a much-awaited development and is a significant step towards
creating awareness on the issue of workplace sexual harassment and ensuring women a
safe and healthy work environment.
BACKGROUND
The Supreme Court of India, in 1997, in the Vishaka Judgment, for the first time,
acknowledged sexual harassment at the workplace as a human rights violation. The
Supreme Court relied on the Convention on the Elimination of All Forms Discrimination
Against Women, adopted by the General Assembly of the United Nations, in 1979, which

India has both signed and ratified. In its judgment, the Supreme Court outlined the
Guidelines making it mandatory for employers to provide for sympathetic and nonretributive mechanisms to enforce the right to gender equality of working women. As per
the Vishaka Judgment, the Guidelines, until such time a legislative frame work on the
subject is drawn-up and enacted, have the effect of law and the Guidelines are to be
mandatorily followed by organizations, both in the private and government sector. While
there were several attempts made to enact a law on this subject previously, the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012
was eventually passed by the Lower House of the Parliament (Lok Sabha) on September
3, 2012, then passed by the Upper House of the Parliament (Rajya Sabha) on February
26, 2013 and received the President's assent on April 22, 2013.
SEXUAL HARASSMENT - OBJECTIVE OF THE LAW, MEANING AND
PROHIBITION
The Sexual Harassment Act has been enacted with the objective of providing women
protection against sexual harassment at the workplace and for the prevention and
redressal of complaints of sexual harassment. Sexual harassment is considered as
a violation of the fundamental right of a woman to equality as guaranteed under
Articles 14 and 15 of the Constitution of India ("Constitution") and her right to
life and to live with dignity as per Article 21 of the Constitution. It has also been
considered as a violation of a right to practice or to carry out any occupation,
trade or business under Article 19(1)(g) of the Constitution, which includes a right
to a safe environment free from harassment.
The definition of sexual harassment in the Sexual Harassment Act is in line with the
Supreme Court's definition in the Vishaka Judgment and includes any unwelcome
sexually determined behaviour (whether directly or by implication) such as physical
contact and advances, demand or request for sexual favours, sexually coloured remarks,
showing pornography, or any other unwelcome physical verbal or non-verbal conduct of
sexual nature.

The Sexual Harassment Act stipulates that a woman shall not be subjected to sexual
harassment at any workplace. As per the statute, presence or occurrence of circumstances
of implied or explicit promise of preferential treatment in employment; threat of
detrimental treatment in employment; threat about present or future employment;
interference with work or creating an intimidating or offensive or hostile work
environment; or humiliating treatment likely to affect the lady employee's health or safety
may amount to sexual harassment.

SALIENT FEATURES OF THE SEXUAL HARASSMENT ACT

Scope : The ambit of the Sexual Harassment Act is very wide and is applicable to
the organized sector as well as the unorganized sector. In view of the wide
definition of 'workplace', the statute, inter alia, applies to government bodies,
private and public sector organisations, non-governmental organisations,
organisations carrying on commercial, vocational, educational, entertainmental,
industrial, financial activities, hospitals and nursing homes, educational institutes,
sports institutions and stadiums used for training individuals. As per the Sexual
Harassment Act, a workplace also covers within its scope places visited by
employees during the course of employment or for reasons arising out of
employment - including transportation provided by the employer for the purpose
of

commuting

to

and

from

the

place

of

employment 2.

The definition of 'employee' under the Sexual Harassment Act is fairly wide and
covers regular, temporary, ad hoc employees, individuals engaged on daily wage
basis, either directly or through an agent, contract labour, co-workers,
probationers, trainees, and apprentices, with or without the knowledge of the
principal employer, whether for remuneration or not, working on a voluntary basis
or otherwise, whether the terms of employment are express or implied.

Internal Complaints Committee and Local Complaints Committee : The

Sexual Harassment Act requires an employer to set up an 'Internal Complaints

Committee' ("ICC") at each office or branch, of an organization employing at

least 10 employees. The government is in turn required to set up a 'Local
Complaints Committees' ("LCC") at the district level to investigate complaints
regarding sexual harassment from establishments where the ICC has not been
constituted on account of the establishment having less than 10 employees or if
the complaint is against the employer. The Sexual Harassment Act also sets out
the constitution of the committees, process to be followed for making a complaint
and inquiring into the complaint in a time bound manner.

Interim Reliefs : The Sexual Harassment Act empowers the ICC and the LCC to
recommend to the employer, at the request of the aggrieved employee, interim
measures such as (i) transfer of the aggrieved woman or the respondent to any
other workplace; or (ii) granting leave to the aggrieved woman up to a period of 3
months in addition to her regular statutory/ contractual leave entitlement.

Process for Complaint and Inquiry : Please refer to the following flowchart
which provides, in brief, the process to be followed by the aggrieved employee to
make the complaint and by the employer to inquire into the complaint. The law
allows female employees to request for conciliation in order to settle the matter

although a monetary settlement should not be made as a basis of conciliation.

Action against Frivolous Complaints : So as to ensure that the protections

contemplated under the Sexual Harassment Act do not get misused, provisions for
action against "false or malicious" complainants have been made.

EMPLOYER'S OBLIGATIONS
In addition to ensuring compliance with the other provisions stipulated, the Sexual
Harassment Act casts certain obligations upon the employer to, inter alia,
i.

provide a safe working environment

ii.

display conspicuously at the workplace, the penal consequences of indulging in

acts that may constitute sexual harassment and the composition of the Internal
Complaints Committee

iii.

organise workshops and awareness programmes at regular intervals for sensitizing

employees on the issues and implications of workplace sexual harassment and
organizing orientation programmes for members of the Internal Complaints
Committee

iv.

treat sexual harassment as a misconduct under the service rules and initiate action
for misconduct.

The employer is also required to monitor the timely submission of reports by the ICC.
If an employer fails to constitute an Internal Complaints Committee or does not comply
with any provisions contained therein, the Sexual Harassment Act prescribes a monetary
penalty of up to INR 50,000 (approx. US$1,000). A repetition of the same offence could
result in the punishment being doubled and / or de-registration of the entity or revocation
of any statutory business licenses.
AMENDMENTS TO THE INDIAN PENAL CODE
As a result of the growing importance of the issues relating to sexual harassment and
protection of female employees in India, a new section 3 was added to the Indian Penal

Code, 1860 through the Criminal Law (Amendment) Act, 2013 4 , which enlists the acts
which constitute the offence of sexual harassment and further envisages penalty /
punishment for such acts. A man committing an offence under this section is punishable
with imprisonment, the term of which may range between 1 - 3 years or with fine or both.
Since the amendment criminalizes all acts of sexual harassment, employers shall be
required to report any offences of sexual harassment to the appropriate authorities.
ANALYSIS
The Sexual Harassment Act is a much awaited development and a significant step
towards ensuring women a safe and healthy work environment. We however list below
some issues in relation to this new legislation.
a. The Sexual Harassment Act only addresses the issue of protection of women
employees and is not gender neutral. Male employees, if subjected to sexual
harassment, cannot claim protection or relief under the law.
b. The definition of 'aggrieved woman' does not make a reference to victimization
(on the part of the employer) of the employee who has made the complaint of
harassment, which would be fairly common in such situations. This was in fact an
important recommendation of the Standing Committee. The definition of the
'sexual harassment', the words 'verbal, textual, physical, graphic or electronic
actions' should have been added in order for the purposes of clarity, as it would
cover some of the technological developments.
c. It may become a challenge for employers to constitute an ICC at "all
administrative units or offices". It may also become necessary for the employer to
spend more time and efforts in training members of the ICC who are to be
replaced every 3 years. There is also a lack of clarity as to who shall be a
chairperson of the ICC in absence of a senior level female employee. Also, in
such cases, the composition of the committee members should ideally have been
an odd number in order for the committee to arrive at a decision based on
majority.

d. The ICC also needs to involve a member from "amongst non-governmental

organisations or associations committed to the cause of women or who have had
experience in social work or have legal knowledge." Employers may not be
comfortable with such an external representation, considering the sensitivities
surrounding this issue and the need to maintain strict confidentiality.
e. The law casts an obligation upon the employer to address the grievances in
respect of sexual harassment at workplace in a time bound manner, which in
several cases may not be practically possible as the employees or witnesses
involved may not easily or readily co-operate.
f. The law allows the employer to initiate action against the complainant in case of a
false or malicious complaint. This provision, although meant to protect the
employer's interests, is likely to deter victims from reporting such incidents and
filing complaints, which may in turn defeat the purpose for which the law was
enacted.
g. In case the allegation has been proved, the Sexual Harassment Act allows the ICC
to recommend to the employer to deduct from the respondent's salary such sums it
may consider appropriate to be paid to the aggrieved woman. However, there may
need to be made certain corresponding changes to the Payment of Wages Act,
1936 of India, which restricts the nature of deductions that may be made from an
employee's salary.
h. The Sexual Harassment Act does not stipulate any monetary liability on the
employer in case of harassment on the part of an employee against another female
employee. In fact, in developed countries like the US, although there is no
codified law on sexual harassment or workplace harassment, based on case law
that prohibit workplace discrimination, there is vicarious liability cast upon the
employer in certain cases.
i. Considering that India has a diverse set of religions, cultures, castes, languages,
etc. the government also needs to start focusing on providing protection for some

of the other forms of harassment, which is fairly common in several of the

developed countries.

Sexual Harassment Act: Understanding pros and

cons for women

The Sexual Harassment Act if implemented well would go a long way in protecting
women employees. Anagha Sarpotdar and Adv Mini Mathew, speaking at a
Moneylife Foundation seminar, explained issues of workplace sexual harassment
and guided on how to deal with such cases

Media coverage of the complaint against Tarun Tejpal and Justice Ganguly (retired
Supreme court judge) have only brought home the fact that most people are clueless
about the stringent new provisions of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (Act).

Moneylife Foundation invited Anagha Sarpotdar, a consultant of gender and socio-legal

issues and Advocate Mini Mathew to address issues related with sexual harassment at

workplace in its 192nd seminar held on 18 December 2013 at the Indiabulls Finance
Centre, Mumbai.

Ms Sarpotdar explained the overview of the Act and its obligations and implications for
companies and employees. Adv Mathew, while explaining the impact of the Act on
organisations, structure of anti-sexual harassment committees and compliance
requirements, reminded the audience about Bhanwari Devi still not getting any justice. It
was the Bhanwari Devi case, after which Vishakha and other womens groups filed the
public interest litigation (PIL) in the Supreme Court resulting in what are popularly
known as the Vishaka Guidelines. Following the 16 th December Delhi gang rape and
subsequent protests, the government brought acts of sexual harassment under the
Criminal Law.

Ms Sarpotdar said, the law casts an obligation upon the employer to address the
grievances in respect of sexual harassment at workplace in a time-bound manner, which
in several cases may not be practically possible as the employees or witnesses involved
may not easily or readily co-operate.

Several times repeated complaints about sexual harassment to immediate seniors and the
human resources (HR) department yield no result. In fact, senior management ignore the
sexual harassment complaint and sometimes encourage it. Even at some places harassers
are backed and supported by the companies by footing their legal bills, Ms Sarpotdar
said.

She said, the definition of 'aggrieved woman' in the Act does not make a reference to
victimisation on the part of the employer of the employee who has made the complaint of

harassment, which would be fairly common in such situations. Also, in order to cover
some of the technological developments, words like 'verbal, textual, physical, graphic or
electronic actions' should have been added in the definition of 'sexual harassment', Ms
Sarpotdar said.

The Act mandates the employer to provide a safe working environment and display
conspicuously at the workplace, the penal consequences of indulging in acts that may
constitute sexual harassment and the composition of the Internal Complaints Committee
(ICC).

Ms Sarpotdar said there are no well laid policies for employers for dealing with
complaints of sexual harassment. There is zero or low awareness amongst employers
about these policies and most of the policies are not in sync with Vishakha guidelines.
Even external agencies like Labour Commissioner, Women Commissions and Police are
not well informed about sexual harassment complaints, especially the Vishakha
guidelines.

She said Labour Commissioner has not complied with the Medha Kotwal interim order
and judgement, while Women Commissions are toothless and inefficient and Police are
clueless about Vishakha guidelines.

The Supreme Court, in its landmark judgment in Vishaka and others vs. State of
Rajasthan (Vishaka Judgement), laid down guidelines making it mandatory for every
employer to provide a mechanism to redress grievances pertaining to workplace sexual
harassment and enforce the right to gender equality of working women. These guidelines
are known as Vishakha Guidelines.

Adv Mathew said, The Act stipulates that a woman shall not be subjected to sexual
harassment at any workplace, including organised as well unorganised sector. As per the
Act, a workplace also covers within its scope places visited by employees during the
course of employment or for reasons arising out of employment - including transportation
provided by the employer for the purpose of commuting to and from the place of
employment.

Sexual Harassment Act has been enacted with the objective of providing women
protection against sexual harassment at the workplace and for the prevention and
redressal of complaints of sexual harassment. Sexual harassment is considered as a
violation of the fundamental right of a woman to equality as guaranteed under Articles 14
and 15 of the Constitution of India and her right to life and to live with dignity as per
Article 21 of the Constitution. It has also been considered as a violation of a right to
practice or to carry out any occupation, trade or business under Article 19(1)(g) of the
Constitution, which includes a right to a safe environment free from harassment, she
said.

The definition of sexual harassment includes any unwelcome sexually determined

behaviour (whether directly or by implication) such as physical contact and advances,
demand or request for sexual favours, sexually coloured remarks, showing pornography,
or any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Adv Mathew said, as per the Act, employers are mandated to set up an internal
complaints committee (ICC) at each office or branch where there are at least 10
employees. Similarly, the government is also required to set up a local complaints

committee (LCC) at the district level. The LCC would investigate complaints from
establishments where ICC has not been constituted or if the complaint is against the
employer. Both the ICC and LCC are required to follow process and inquire into the
complaints in time bound manner, she said.

Both the ICC and LCC, at the request of the complainant, can recommend interim relief
measures like transfer of the aggrieved woman or the respondent to any other workplace;
or granting leave to the aggrieved woman up to a period of three months in addition to
her regular statutory or contractual leave entitlement.

Timeline:
1. A written complaint has to be filed by the female employee within three months
of the date of the incident.
2. The inquiry has to be completed within 90 days.
3. The inquiry report has to be issued within 10 days from the date of completion of
inquiry.
4. Employer is required to act on the recommendations of the committee within 60
days of receipt of the inquiry report.
5. Appeal against the decision of the committee is allowed within 90 days of the date
of recommendations.
If an employer fails to constitute an Internal Complaints Committee or does not comply
with any provisions contained therein, the Act prescribes a monetary penalty of up to
Rs50,000.

Adv Mathew said, a new section is added in the Indian Penal Code through the Criminal
Law (Amendment) Act, 2013 enlisting the acts which constitute the offence of sexual
harassment and further envisages penalty / punishment for such acts. A man committing
an offence under this section is punishable with imprisonment, the term of which may
range between one to three years or with fine or both. Since the amendment criminalizes
all acts of sexual harassment, employers are mandated to report any offences of sexual
harassment to the appropriate authorities, she added.
According to Adv Mathew said, in order to ensure that the Act does not get misused,
certain provisions for action against false or malicious complainants have been made.2

Sexual harassment at the workplace is a

reality in Goa

Nandini Sahai, director of International Centre Goa, (ICG) stated in her address at the
regional seminar on Gender discrimination at workplace: Myth or reality, that In an
age where we talk about equal rights for men and women, there are still instances of
people being discriminated against because of their gender. Almost every participant
present felt that it was high time Goans stopped burying their heads like ostriches in the
sand, pretending all is fine, when with decades of struggle among the feminist groups in
Goa, cases of sexual harassment continue to cast a shadow on women in this state.
DySP Shamba Sawant a senior officer of the Goa Police was suspended by the Home
Ministry after charges of sexual harassment against him were proved after an enquiry. In
her complaint the lady officer stated that she was harassed not only at her workplace but
even while she was on leave. When she ignored the officer after joining back on duty, he
http://www.moneylife.in/article/sexual-harassment-of-women-atworkplace/35680.html
2

hit her on the head with a file on the staircase. Upset with this, she informed her husband
who advised her to complain to her seniors.
Ironically, women face stiff opposition most often from their own when they attempt to
report the incident. If she tries to inform her superior of the same, she is advised by the
superior not to complain and she is assured that such incident will not happen again.
Every boss is least interested in the dignity of the women in his organisation and most
interested in protecting the goodwill of the workplace. Her co-workers will neither
support nor encourage her to report the incident, under the pretext that it will adversely
affect the family of the perpetrator.
Last year, in one of Goas biggest public sector undertakings, the accused, who was a
very senior manager pleaded in his reply that compassion should be shown to him as if he
was dismissed it would affect his retirement benefits. The lady who complained was put
through tremendous pressure from her women colleagues to have pity on him, when the
same person had in fact sexually assaulted many of them. Today, after a successful
inquiry by the committee the officer has only been transferred. The same was the case
when a college librarian in Goa complained of sexual harassment by a lower staff. She
was continuously put under pressure that the poor man many lose his retirement benefits
if she pursued her complaint. This is how several cases of sexual abuse get swept under
the carpet and go unreported with the perpetrator continuing his crime. The same can be
seen happening in corporate offices and the industrial estates in Goa. Local newspapers in
Goa have also had cases of sexual harassment filed against senior staff.
In 2010 the Goa University, which also has a number of cases of sexual harassment
reported from its employees, came out with a document called Goa University Policy
(Preventive and Remedial) on Sexual Harassment of Women at the work place 2010.
The said document came out after the head of the department of Political Science
Aureliano Fernandes was dismissed from service on April 8, 2010 after students of his
department alleged sexual harassment by him.3
3

http://www.thegoan.net/Goa/News/Sexual-harassment-at-the-workplace-is-a-reality-in-

Goa/00030.html

Shoddy State of affairs in Educational Institutes of Goa

regarding Vishaka Guidelines
The Goa State Commission for Women, in view of a incident of rape of a 7 year old girl
in a Vasco School and several incidents of molestations, eve teasing in educational
institutions, had told the directorate of education to issue guidelines framed by the
Commission to all educational institutions. Following which, the department had issued a
circular on February 2, 2013 stating that sexual harassment committees should be
constituted in all educational institutions as per the guidelines of the Supreme Court of
India vide its judgment dated August 13, 1997 and failure to constitute the same shall
attract strict action and grants to the respective institution should be withheld. Besides
the constitution of the committee, there were seven other guidelines on safety measures
that included installation of CCTV cameras at all entry and exit points and deployment of
security personnel in schools, etc.
A report published in the daily Navhind Times, which February 2 2014, suggested that
majority of educational institutions have yet to implement the guidelines. While some of
the institutions were completely unaware about the existence of such guidelines.
The Education Department too did not have any data on how many schools across the
state have formed the committees or adhered to its circular dated February 2, 2013.

CASES IN GOA
1.
The recent case in Goa where in a junior journalist of Tehelka Magazine accused the
founder and editor in chief of the magazine Tarun Tejpal of sexual harassment and sexual
assault in a lift of a five star hotel in Bambolim Goa, while they were attending a
conference at the hotel. This makes it a case of sexual harassment at workplace.

Tejpal had written a series of emails, to try to justify his behaviour. Initially, he admitted a
"bad lapse of judgment" and "recused" himself from the editorship of Tehelka for six
months. Meanwhile, managing editor Shoma Chaudhury downplayed the alleged rape in
an email to staff, calling it an "untoward incident" to be dealt with internally. Then a
further email of "unconditional apology" from Tejpal to the victim emerged, in which he
spoke of attempting a "sexual liaison" despite her "clear reluctance". Faced with a
barrage of criticism, Chaudhury also quit, along with six other Tehelka staffers.
The parliament has passed the Sexual Harassment of Women in Workplace (Prevention,
Prohibition, Redressal) Act. But the law is needs to be enforced soon to prevent such
cases and to help victims deal with sexual harassment in a better way. There is a feeling
that the delay is because companies are secretly against stronger laws requiring
workplaces to report harassment and men are uncertain about how to behave with female
colleagues.
Tejpal has been charged under recently amended sections of IPC, Sections 354 (assault or
criminal force against woman with intent to outrage her modesty), 354-A (outraging
modesty), 341 (wrongful restraint), 342 (wrongful confinement), 376 (Rape), 376(2) (f)
(person in position of trust for authority over a women commits rape on such women)
and 376(2) (k) (rape of a women by a person being in position of control or dominance
over the women) IPC.
The charge sheet states that Tejpal exercised authority as editor-in-chief of Tehelka over
the woman to the extent of intimidating her with losing her job during the "commission
of the offences of rape, sexual harassment.

2.
A 7 year old girl was raped in the school toilet in Vasco on January 14, 2013. Police
failed To identify the nab the culprit for five months following which the case was
handed over to Central Bureau of Investigation after five months. Now more than a year
on, the culprit is still to be found. What was even more shocking about the incident was
that the school management had absolutely no idea about how to deal with such incident.

Had the school followed Vishakha Guidelines, there would have been awareness amongst
the school staff regarding the procedures to be followed when such an incident occurs.
Police had arrested headmistress Sharlet Furtado for destroying evidence as the staff had
washed the girl and cleaned the toilet after the incident. CBI says crucial forensic
evidence, destroyed by school authorities, is hampering the probe.

3.
An art teacher of a Panaji school, Kanhaiya Naik had allegedly raped a minor girl
student after taking her to his flat at Ribandar in December 2011 on the pretext of giving
her guidance on career and had left some marks on her neck and other parts of the body.
The rape victims mother had said that the marks were from the art teacher.
The incident came to light on December 31, 2011, when the girl's mother saw some
marks on her neck. Sources said when her mother questioned the girl, she revealed that
Naik had molested her. Subsequently the teacher was arrested. Later, the Panaji town
police inspector, Mr Uttam Raut Dessai had summoned an NGO to complete the
formalities so that a proper case could be made out and recorded the girls statement and
completed the formalities to send both - the girl and teacher - to the GMC for medical
examination.
Based on the medical report, the Panaji town police had booked the teacher under Section
341 (wrongful restraint) and 346 (molesting) and 8 of Goa Childrens Act for allegedly
molesting his student.
The teacher was arrested on January 28 2012 and taken into police custody and thereafter
he was sent to judicial custody. He was released from the Sada jail after the High Court
granted him bail, a few days ago.

In July 2012 the girl who was 17 years old, committed suicide by pouring kerosene and
setting herself on fire in her house, less than a fortnight after the accused was released on
bail.
The executive magistrate recorded her dying statement in which the girl had mentioned
that she attempted suicide out of her own will when she heard that the art teacher was out
on bail.

4.
In 2011 a Lady Police Constable (LPC) complained to the Superintendent of Police in
writing that Deputy Superintendent of Police Shamba Sawant molested her. She
alleged that Shamba Sawant sent her lewd messages on the mobile and was
pressing her for sex. The LPC deposed before the enquiry officer DySP Rina
Torcato about the molestation. A departmental inquiry was held for sending lewd
SMSes on mobile phone of the complainant.

Deputy Superintendent of Police Shamba Sawant was later suspended in this sexual
harassment case. The government initiated action after a report by a committee against
sexual harassment in the police department investigating the case concluded the deputy
superintendent of police was guilty. The report recommended that action be taken against
Sawant stating that if a senior officer is allowed to get away with behaviour as
complained, then "female staff will be discouraged from lodging complaints of sexual
harassment at workplace against their perpetrators". The report also stated that Sawant's
acts can be termed as acts to intimidate the LPC and amount to unwelcome conduct of
sexual nature.

5.
In April 2009 Investigations against Aureliano Fernandes, head of Goa University's (GU)
political science department were triggered when a female student lodged a complaint of
sexual harassment against him in April. Sources said there were several complaints
against Fernandes before the committee for prevention of sexual harassment. The
committee investigated three complaints - two by individual female students and one a
joint complaint by a group of students against Fernandes.
Two students had also filed charges against Fernandes that he had undeservedly given
them zero marks for their assignments because they had backed the complainant in the
sexual harassment case. The grievances committee looking into this complaint evaluated
the students' assignments and found that they had been wrongly given zero marks.
Fernandes was held guilty of sexual harassment by the university's standing committee
for prevention of sexual harassment of women at work place. The committee held
Fernandes guilty of indulging in various kinds of acts of sexual harassment over a period
of time, including sending vulgar emails. The committee recommended his dismissal.
Based on the recommendation, Aureliano Fernandes was dismissed from service by the
university's executive council on April 8, 2010.

6.
A sexual harassment complaint was filed by a Delhi-based student working as a
programmer against a senior official of International Film Festival of India (IFFI)
in Nov 2013 at Panaji Goa. The student accused the senior festival officer of the
rank of Deputy Director of making lewd suggestions in the form of indirectly
asking for sexual favours . The girl complained that she is feels harassed and is
highly offended and hence, she would like to report this matter under The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013,"

IFFI Secretariat sent the accused officer back to Delhi pending orders against him.
Following the complaint, the IFFI directorate had formed a three member committee
comprising Nirupama Kotru, director (films) with Union Information and Broadcasting
Ministry and two more women officials associated with the film festival. The threemember all-woman committee interviewed both the complainant and the accused, but
found no reasonable ground to recommend action against the deputy director. The panel
gave several recommendations to the organisers to have better working atmosphere for
women staffers.
The Goa Human Rights Commission (GHRC) took suo motu cognizance of the allegation
by the girl. The commission in its closing report stated that after going through the
report of the respondent, the documents and written submissions filed by the respondent director of IFFI,2013, it was found that upon the receipt of the sexual harassment
complaint the respondent immediately formed a three-member internal complaint
committee required under Section 4 of the Sexual Harassment of Women at Workplace
(prevention, prohibition and redressal) Act, 2013 to inquire into the allegation leveled by
the complainant against K Prashant, deputy director of IFFI. The complaint committee
came to the conclusion that the allegation could not be proved, moreover, the respondent
had also informed the Goa police about the alleged incident for appropriate action.
The report also stated that as the respondent has taken appropriate action in the matter in
respect of the complaint of the complainant in accordance with the law, nothing survives
in this matter and proceedings are liable to be closed.
This case highlights the fact that it is very difficult for the victims to provide evidence
corroborating their complaint as such cases mostly occur behind closed doors.

7.
A junior lady doctor in the forensic department of the GMC had in July 2013 accused her
immediate superior Dr Panag Kumar, and two other senior doctors, Dr Andre Fernandes
and Dr Silvano Dias Sapeco of sexual harassment, following which an internal probe as

mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, was ordered by the dean of the GMC.
The internal complaints committee of the Goa Medical College has in its report
submitted to the dean of the GMC stated that no case of sexual harassment could be made
out against the three accused doctors of the department since the complainant lady doctor
failed to substantiate any instance of sexual harassment, during an enquiry. The
committee stated that as per the law no action could be taken against the accused doctors
in absence of any evidence against them.
The report of the internal complaints committee of GMC was forwarded to the
government for appropriate action.
As per the provisions of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, a complainant could be imposed a fine and a deduction of
5 per cent of salary could be made in case of frivolous complaints.

Sexual harassment Violation of

fundamental right to life

Crime against women has reached gigantic proportions in recent times. Exploitation,
manipulation, molestation and sexual harassment of women, especially in public and
workplaces are increasing despite all the constitutional provisions, governments efforts
and courts directions. Women young or old, middle aged or children all some way or the
other have the experience of sexual harassment perhaps with slight differences. Tuition
centers, call centers and educational institutions are also no exception in this regard.
The land mark judgment Vishakha and Others v State of Rajasthan and Others (AIR
1997 SC 3011) provides certain guidelines to prevent sexual harassment of women in
workplace.
The factors that led to file writ petition in the Supreme Court were- the increasing
awareness and emphasis on gender justice, increase in the efforts to guard against such
violations, and the resentment towards incidents of sexual harassments. The immediate
cause to file the petition was an incident of alleged brutal gang rape of a social worker in a
village of Rajasthan.
Right to live with dignity is a human right guaranteed by our Constitution. It has been
laid down by the Supreme Court that it is the duty of the employer or other responsible
persons in work places or other institutions to prevent or deter the commission of acts of
sexual harassment and to provide the procedure for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
Sexual harassment is the violation ones fundamental rights guaranteed under the
Constitution such as State shall not deny to any person equality before the law or the
equal protection of the law within the territory of India (Article 14) , State shall not
discriminate against any citizen only on the ground of religion, race, caste, sex and place
of birth(Article 15).
All citizens shall have the right to practice any profession, carry on any occupation,
business or trade (Article 19 (1) (g)), No person shall be deprived of his/her life and
personal liberty except according to procedure established by law (Article 21). In fact it

is the duty of every citizen to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and regional or sectional
diversities, to renounce practices derogatory to the dignity of women( Article 51 A (e).
Physical contact and advances, a demand or request for sexual pleasure, sexually colored
remarks and showing pornography constitute sexual harassment. The Court held that
where any of these acts is committed in circumstances where under the victim of such
conduct has a reasonable apprehension that in relation to the victims employment or work
whether she is drawing salary, or honorarium or voluntary, whether in government, public
or private enterprise such conduct can be humiliating and may constitute a health and
safety problem. When a woman has reasonable grounds to believe that her objection
would disadvantage her in connection with her employment or work including recruiting
or promotion or when it creates a hostile work environment.
The Court has also laid down certain preventive steps as (a) express prohibition of sexual
harassment as defined above at the workplace should be notified, published and circulated
in appropriate ways, (b) the rules/regulations of government and public sector bodies
relating to conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the offender, (c) as
regards private employers steps should be taken to include the aforesaid prohibition in the
standing orders under the Industrial Employment (Standing Orders) Act, 1946,(d)
appropriate working conditions should be provided in respect of work, leisure, health and
hygiene to further ensure that there is no hostile environment towards women at
workplace and no woman employee should have reasonable grounds to believe that she is
disadvantaged in connection with her employment.
There should be an appropriate Complaint Mechanism created in the employers
organization for redressal of the complaint made by the victim. It means in every
establishment there should be a Complaint Committee to look into the complaint
regarding sexual harassment. It should be headed by a woman and not less than half of its

members should be women. An aggrieved person/employee can approach this Committee

with a complaint.
On receiving the complaint the Committee will investigate the matter and give the report
to the Employer/the authority for the implementation of the action taken by the
Committee against the offender. This Committee should involve a third party either an
NGO or some other body, which is familiar with the issue of sexual harassment. It is the
duty of the Committee to make an annual report to the Government Department
concerned of the complaints and action taken by them. The employer also has the duty to
report on the compliance with the aforesaid guidelines including on the reports of the
Complaint Committee to the Government Department.
The Court has asked the Central and State Governments to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by the Supreme
Court are carried out.
Unfortunately these guidelines remain in the order paper of the Supreme Court. Such
Committee is not constituted in most of the establishments. Neither the Central nor the
State Governments has taken the issue seriously. There is no strict legislation to stop
sexual harassment. Government Departments where the Complaint Committee and the
Employer has to give the annual report is not notified yet.
Under Criminal Law Amendment Act 2013 a new section 354A is added to IPC defining
Sexual Harassment. For making physical contact and advances, or demand or request for
sexual favors, showing pornography against the will of the woman, punishment is
imprisonment which may extend to 3 years and, or fine. For making sexually colored
remarks the punishment is imprisonment which may extend to 1 year and, or fine.
However though the offence is cognizable it is bailable.
It is very difficult for women to get justice in cases related to sexual harassment. First of
all it takes place in a secluded place, where no one notices or witnesses. Most of the time

it takes place either in the office of the boss or chamber or private room or private place or
in the lift etc. where no one is around.
Therefore about 99 percent of men are acquitted in this country for want of witnesses.
Such loopholes in law encourage men to commit such offences. Of course the unreported
cases are more than reported ones. A woman needs tremendous courage to express such
act that our society however when it comes to women issues, condemn women. The
derogatory and discriminatory remarks she has to face thereafter is a real murder of her
life and character and then at the end she finds no justice too.
In the current alleged sexual harassment by Tarun Tejpal, Tehelkas managing editor
Shoma Chaudhury in a meeting with her colleagues questioned why the complainant got
into the hotel lift a second time.
The matter is being investigated and let law takes its course. But any reasonable citizen
can think that if she refused to get into lift a second time, he would understand something
went wrong and that will have adverse effect on her profession. This is what my
experience with women clients regarding the said issue.
Therefore a woman has to think twice to act against the perpetrator of such offence/crime,
more so when it is done by a man who has to do something with her job or life.
In other development Samajwadi Party leader Naresh Aggarwal said the law against
sexual harassment was proving counter-productive for women because men were reluctant
to hire them for fear of facing trumped-up charges. In a way it is another threat to women
that women will lose job opportunities that they should SHUT their mouth against crime
against them.
However there is a positive development in the alleged sexual harassment of a law
graduate by a recently retired Supreme Court judge. Chief Justice of India P.
Sathasivam constituted a three- judge panel to inquire into the said matter comprising of

Justices RM Lodha, HL Dattu and Ranjana P Desai.

Again speaking on the occasion of Law Day on November 26 the Chief Justice
announced setting up of a 10-member committee in the Supreme Court headed by Justice
Ranjana P Desai with seven women members for gender sensitization and to look into
complaints of sexual harassment by lawyers and staff on the apex court premises and
lawyers chambers. Justice Markandey Katju, chairperson of the Press Council of India
has asked all media organizations to set up internal committees to prevent and redress
cases of sexual harassment of women at the workplace.
In conclusion most of the crime/offences against women, women do not get justice
because such crimes/offences are deliberately taken place in a place where no witness has
access. The stress on witness defeats justice in crime against women.
Law should instill fear in the citizens; otherwise it only remains a toothless tiger. Hence
the punishment for sexual harassment should be increased and the offence should be made
non-bailble.
Every institution including educational institutions/establishments should constitute a
Committee on Sexual harassment and should follow the guidelines laid down by the
Supreme Court. Section 4(1) of the Anti-Sexual Harassment Act (Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) has made setting
up of these committees mandatory. However no innocent man should be punished.4

DEPARTMENTS / ORGANISATIONS VISITED FOR THE PURPOSE OF

RESEARCH

http://mattersindia.com/sexual-harassment-violation-of-fundamental-right-to-life/

Name of Department: Margao Town Police Station

Person Interviewed: PSI. Melson Colaco

1. Are you aware of the Vishakha guidelines that an employer has to follow at
the workplaces?
- Yes
2. Do youll have any mechanism by which youll make an employer follow
these guidelines?
- No
3. Is any action taken by the Police Department if an employer fails to
comply with these provisions?
- No. The management sets up the committee according to their norms.
4. Who can lodge a complaint?
- The victim can lodge a complaint by herself. Any other person also can
lodge a complaint on behalf of the victim.
5. Can a complaint be lodged at a Police Station even if the incident has
occurred outside its jurisdiction?
- Yes. The Police have the authority to register the case even if it is outside
their jurisdiction. It can be investigated further on orders of the superior by
any other police station.
If the victim feels that her complaint is not being duly looked into or if she
feels that the police at the lower level are not co-operating she can
approach the S.P. or DY.SP. directly. She can even approach the court
under Section 153 Cr.PC. if she feels necessary.
6. Are there any special units to handle such complaints? If Yes their name
and where?

- Womens Police Station (Unit)

At Margao and Panjim Goa.
7. What is the procedure followed in such cases?
- An F.I.R. is lodged.
Both the accused and victim are sent for medical examination.
A panchanama is conducted.
If any person witnessing such incident has a statement to give then it is
duly recorded.
The accused is arrested and produced before the magistrate within 24
hours.
If there is evidence then the case is chargesheeted.

Name of Department: Office of the Child Development Project Officer

Person Interviewed: Mala Gadkar
1. Are you aware of the Vishakha guidelines that have to be followed at the workplaces?
- Yes. But I do not know have any information as to what they contain.
2. Do you have a copy of it with You or affixed anywhere in your premises?
- No.
3. What action will you take if any such incidents happen at your workplace?
- I cannot take any action on my part. I can only forward the case to Directorate of Women
and Child Development, Panjim.
4. Is there a Womens Committee set up? If yes then what is its composition?
- Yes. Consisting 6 persons.
The Chairperson is Bharti Verenkar
The members are: Premila Fernandes Braganza
Rajani Verenkar
Angela Fernandes
Ramdas Madkaikar
Auda Viegas
5. What is the working of this committee?
- The committee will dispose off each case within a month from the date of receipt of the
same.
The Committee shall submit an annual report in respect of the complaints and action taken
by them to the Directorate of Women and Child Development for onward submission to
the Government.
The Committee shall take all necessary steps as provided in the guidelines of the Supreme
Court judgment dated 13/09/1997 to protect or deter the commission of acts of Sexual

Harrasment.
6. Have any such incidents of sexual harassment happened here?
- No
7. How many female employees employed here?
- 15

Organisations Supporting Womens rights in Goa

BAILANCHO SAAD
This has been established for the betterment of women so as to create Gainful
Employment for Women in a Non-Exploitative Environment.
All employment related policies like tourism policy, information technology policy must
specifically address employment concerns of women.
Government must provide support to self- help groups and other self -employed women to
have sustainable livelihoods.
Support in the form of schemes for assistance, simplified procedures, easy access to
information and facilities.
Marketing facilities must be made available to women.
Women should not be forcibly displaced from their traditional occupations or from their
market place or from their livelihoods.

CONCLUSION
We have over the last few decades seen numerous policy changes in our country with
regard to women.
Several policies have been introduced for the empowerment of women to encourage
womens participation in politics, to improve womens health status, to create a more
gender sensitive society, to stop sexual harassment and other crimes against women etc.
What has been our success is achieving the goals of gender empowerment and equality.
With the exclusion of few areas of education the status of the women is far from being
EQUAL.
Although the state boasts of a high literacy rate and large number of women attain higher
education, there is disproportionate participation in the employed workforce.
Does this gender gap mean that despite education, women are being discriminated when
it comes to employment?
We know that one of the major ways for empowerment of women lies in economic
empowerment and participation in the workforce.
The large gender gap in the employed workforce needs urgent attention of policy makers.
Goa is privileged to have Common Civil Code as well as Childrens Act.
In Goa many cases still go unreported as women fear for the consequences they will have
to face in the society as a whole.There is much to be done by way of creating awareness
in society by the state and its organs. The Goa State Womens Commission and NGOs
have played an important role in bringing many such instances for redressal. Despite the
high educational attainment among women, there is a glaring gender gap in the
workforce.
THE MOST IMPORTANT SET BACK OF THE PROBLEM IS THAT MANY
CASES GO UNREPORTED THEREFORE IT ENABLES INCREASE IN THIS
PROBLEM

SUGGESTIONS
It has been found that nearly all the organisations, firms, companies are very reluctant to
speak about the problem.
There are so many cases that go unreported. All this results in increase of such activities
of sexual harassment.
I personally feel women should raise their voice, they should not feel ashamed to report
the cases.
If no cases are reported the problem will go on increasing and hence there will be no end
to it.
The different organisations should speak up, make big issues so that the rich people or the
superior officers performing this act are not let free.
Other methods to ensure safety to women are:
1. Active participation of women in decision making
2. Women and the Development Process
3. Sensitization to Womens Issues

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