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All Copyrights Reserved @ National Social and Legal Research Journal Volume 1 Issue 1 www.nslrj.in All copyrights reserved @ National Social and Legal Research Journal Volume 1 Issue 1 VOLUME 1 ISSUE 1 Name:- ArchanaPandey, JanviKundra, TriveniTandi Edition:-Volume1 Issue1 Title:-Sexual Harassment Against Women Date of publication:-2nd November, 2020 SEXUAL HARASSMENT AGAINST WOMEN Abstract Gender equality is the fundamental right provided by the Constitution of India to its citizens. It guarantees no discrimination on the basis of status and opportunities to all its citizens. However, women are still probe to face sexual harassment. Sexual harassment is to be considered as a violation of women‟s basic rights provided under Article 14 and 15 of the Constitution. Even her right to life and to live with dignity under Article 21 is violated. It is to great focus that sexual harassment at workplace, not only discourages the participation of women in work and business but also adversely affect the positive work environment. Thus, hinders the socio-economic growth. The issue of sexual harassment has always been ignored in our country, even when ME TOO movement was trending. To address the engrossing issue of sexual harassment at workplace, India established its first legislation by the Ministry of Women and Child Development: The Visit us at www.nslrj.inNational Social and Legal Research Journal Page 1 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Prevention of Workplace Sexual Harassment Act”) enforced on December 09, 2013.The term „Sexual harassment‟ was termed by Lin Farley in the Mid70s era which justifies the practice being against women are centuries old. Sexual harassment is a serious concern in the period of modernization, that delineate the participation of women in their work as unsafe and perilous besides violates the right of gender equality, life and liberty. This paper will focus upon all the possible cases and outcomes related to the particular issue. Keywords: Women, Sexual Harassment, POCSO, Prevention, Prohibition Sexual harassment is a rotten nuncupative, vivid or carnal gesture sexually which is, however, either serious or pervasive, that creates a hostile environment at workplace. It is a sexual oriented conduct that impacts the victim‟s job negatively. Likewise, it could epitomize victim‟s personality both physically and psychologically. It may feign remorseless and rancid construct such as lascivious looks, bodily grappling and sexual molestation. It took almost 50 years for India to manifest the proper definition to the crime against women, to cope up with menace of sexual harassment at workplace. With an increasing rate of women participation in the work and lucid growth, the probability of crimes pertaining to sexual harassment and sexual molestation also accelerated. So there is an imminent need to enact a comprehensive legislation focusing on healthy and safe environment for women at workplace. Sexual Harassment in India is also called „Eve Teasing‟. So India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) which induces “No women shall be subjected to sexual harassment at any workplace.” It is to great note that sexual harassment at workplace is simply an outright unacceptable crime in our society; any criminal practicing has to pay for the results. Let‟s detail you with some differences pertaining to clear perspective in lieu of sexual harassment for better understanding. Harassment v. Sexual Harassment Harassment meaning any kind of continuous torment. At school, harassment is habitually known as bullying. Harassment entails constant molest or mistreatment. Even joking any kid about his or her braces might be considered harassment. Where sexual Harassment at the workplace recognizes only those allegations which are sexual in nature. Sexual Harassment is an uninvited Conduct. When a worker does not importune or initiate the conduct; and when the employee considers the conduct as objectionable and distasteful. It is main to note that in Sexual Harassment persons in the pose of supremacy in the place of work, such as supervisors and employers, should make sure that any communal contact among staff is consensual and greeting. Moreover, even although staff may not vigorously purpose to a specific behavior, they may find the job atmosphere unfriendly because of the conduct of others. Commonly workers do not consider secure enough or strong enough to voice their objections. In Canada, for instance, laws that tackle sexual harassment do not entail the sufferer to meet the assumed harasser to ascertain that the conduct was undesirable. Furthermore, it is not essential for the injured party of sexual harassment to object to the behavior if a sensible person would appreciate the conduct to be disgusting and sexual in content. In ascertain sexual harassment allege, the fact that the victim prepared previous complaints about the same manner is evidence that the behavior was, in fact, unwanted. The Human Rights Commission of British Colombia, Canada has formed a manual, averting Harassment in the Workplace, which present complete information on the obligations of employers as well as the verification an employee must propose to claim sexual harassment. Whether one or a series of occasion amounts to harassment depends on a corresponding of the severity of the conduct and their occurrence. A solitary occurrence may compose harassment, mainly if the happening is lingering, nasty, and very severe in nature. On the other hand, a permutation of actions with unreliable amounts of importance and frequency may also be harassment. For example, a case in which a manager frequently asked a clerk for a date despite consistent refusals, told sexually overt jokes in front of the clerk, and continually complete sexual insinuation to the clerk to build her blush would also compose sexual harassment. In this case, the clerk is sexually harassed rather than the only harass. Another case related to employer misusing their power on the employee is of G. Pushkala v. High Court Of Judicature1, where the essence of the protest made against the delinquent officer is that by utilizing his official position, he requested sexual favors from the complainant bypassing slips and disturbing her at midnights by making phone calls to her habitation and in this manner shocked her humility and brought about mental torment and misery to her. In the case of D.S. Grewal v. Vimmi Joshi2, reflected the importance of the committee prepared on the directions of the Supreme Court. The Court held that there should be proper mechanisms like a complaint committee, where a woman can file her complaint. This committee will work where there are more than 10 employees. The committee will constitute a women presiding officer at the senior level, not less than 2 members from amongst employees (preferably having a legal knowledge), and an external member from an NGO or any association committed to the cause of women. A penalty of Rs 50,000 in case a provision is not followed. Later, in this case, Vimmi Joshi paid the penalty. 12007 (4) M.L.J. 692 2(2009) 2SCC 210 It is usually thought that workplace sexual harassment is narrow to communications between male bosses and female subordinates. It is not like that sexual harassment can arise among any co-workers, including the following: rake to rake harassment; subsidiary harassment of a superior; men can be sexually harassed by women; same-sex harassment; men can harass men; women can harass women; third-person harassment; and Offenders can be directors, co-workers, or non-employees, such as clientele, retailers, and dealers. The workplace harassment to the staff even resulted in suicides by the employees and the instant stimulus for the study of this aspect is the judgment of the High court of Uttarakhand in Praveen Pradhan v. State of Uttaranchal and others3, dealing with the case of suicide of an engineer allegedly committed due to harassment by his superiors and colleagues, in which Servesh Kumar Gupta, J., observed that “under the pretext of administrative control and discipline, a superior officer cannot be left to enjoy extreme liberty to make the intense humiliation and scolding inhumanly….He may be free to take any administrative disciplinary action, as per the rules, but cannot be permitted to enjoy the liberty, full of ego, to humiliate a subordinate in a horrified manner ”. By viewing the judgments of different State Courts, we realize the situations of the working women and the problem faced by them. Recently, the Delhi High Court in the matter of Anita Suresh v. Union of India & Others4 dismissed the petition for it‟s „lack of merit‟ and ordered the costs of Rs. 50,000/- on the petitioner for filing a false complaint and misusing the provisions of the POSH Act. The single judge bench comprising of Justice J.R Midha also granted liberty to the respondent-ESI Corporation to initiate appropriate action against the petitioner for the same. Anita Suresh‟s judgment has the potential to what can possibly be a watershed moment in rethinking the provisions of the POSH Act from a different perspective. This decision also gives us a revelation as to how provisions of the POSH Act can also be misused for settling personal vendetta. The Court has rightly come to the aid of the Respondent who otherwise would have fallen victim to shaming and the surrounding social stigma that could have been fatal to both his personal and professional life. Sexual abuse is generally used to express actions toward children, not adults. Sexual abuse can contain many diverse things, from sexually touching a sufferer to forcing a victim to touch the doer in a sexual way to making a victim look at sexual body parts or watch sexual motion. 3(2012) 9 SCC 734 4(2019) In Ohio v. Clark5, the Supreme Court heard a case involving a 3-year-old boy who told his daycare teacher that he was physically abused by his mother‟s boyfriend.
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