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Workplace Management and Sexual Harassment

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Workplace Management and Sexual Harassment Volume 9, Special Issue 3, May 2019, International Conference on Ethics and Integrity in Management and Legal Practices, K. R. Mangalam University, Haryana, India, 8-9 February 2019 Workplace Management and Sexual Harassment Kanika Parashar1 and Dr. Praveen Choudhry2 1(Research Scholar, Vivekananda Global University, Jaipur) 2(Professor, Vivekananda Global University, Jaipur) It is no hidden fact that, Sexual harassment at the place of work is extremely common. In spite of knowing this fact, surprising thing is most companies forget to take necessary requirements and actions for such important fulfilment. Sexual harassment at workplace is a prototype of events that compromises with the financial security, safety, emotions, physical harassment, and security of a woman worker. Lawfully speaking, sexual harassment consists of such unsolicited sexually determined behaviour as: physical or inappropriate touch seeking for sexual favours inappropriate comments showing or mentioning pornography Any unwelcome physical verbal or non-verbal conduct of sexual nature. Earlier, there were only few cases which came to light, as survivor was not that secured as it is now. The gratitude for detailed guidelines on sexual harassment at workplace goes to an NGO-Vishakha, that took a case of gang rape in Rajasthan to the Supreme Court in 1997and it is shocking that government took 16 years to codify the law. It was 1997, but women are still fighting and dealing with the sexual harassment on their daily routine. Burning Candles and marching parade will not resolve this horrendous issue .We require strict measures and actions to eradicate this misconduct. #Me Too There is a big change in the direction of wind; women can finally break the ritual of silence and shred their tears into million pieces. Me too movement is the movement against all the sexual misconduct happened ever. If someone was afraid to raise their voice against any sexual harassment or sexual assault they get the opportunity to raise their voice with # Me too. This movement is virally spreading day by day. We can see the level of impact of this movement in every corner of workplace. Keywords: Raise voice, sexual harassment, Impact, workplace guidelines. Workplace Management and sexual Harassment 1-Sexual Harassment meaning and identification Any unwelcome sexual behavior, which can make the other person feel offended, embarrassed, humiliated, or abused, is sexual harassment. Sexual harassment is never done with the mutual consent; it is always with the unwanted consent. Sexual harassment is the most horrendous act which leads to high damage to the victim. http://indusedu.org Page 24 International Journal of Research in Engineering, IT and Social Science, ISSN 2250-0588 Volume 9, Special Issue 3, May 2019, International Conference on Ethics and Integrity in Management and Legal Practices, K. R. Mangalam University, Haryana, India, 8-9 February 2019 2-Difficult to identify Sexual harassment is difficult to identify as it embraces of different levels of behaviors. Till today it is on the verge to identify to define what exactly sexual harassment means. There are many aspects which conclude sexual harassment. We can identify few of them with the following three categories as: - Verbal, Non verbal and Physical. These include many things as:- a-Verbal- Calling someone with cheap names Whistling or hauling at someone Telling sexual jokes Commenting someone sexually and passing any sort of lewd comments. Repeatedly asking out a person who is not interested Making sexual remarks about one attire b -Non Verbal- Staring someone up and down Gifting personal items Making bad hand and body gestures Winking at someone Showing Pornography Following someone c -Physical- Any unwanted touch is considered as physical sexual harassment. 3. Sexual Harassment at workplace Sexual harassment at workplace defines, when this unwanted act is been attempted at- Work Place Any place related to the work, as any events, work related functions Or with the persons who are related to the work and work place Everyone knows that Sexual harassment at the place of work is extremely common. In spite of knowing this fact, surprising thing, is most companies forget to take necessary requirements and actions for such important fulfillment. Sexual harassment at workplace is a prototype of events that compromises with the financial security, safety, emotions, physical harassment, and security of a woman worker. Being independent is a right of every human being, but due to sexual harassment and even, with the fear of sexual harassment it is equally difficult and discomforts to continue their work. Every day, we are hearing sexual misconduct happening, and these are those cases, in which women are fearless to register complain to the concerned, but there are more than these cases, which are never heard as never been spoken. Sexual harassment is not just national problem but also the universal issue. There are many victims who face this problem throughout the world. http://indusedu.org Page 25 International Journal of Research in Engineering, IT and Social Science, ISSN 2250-0588 Volume 9, Special Issue 3, May 2019, International Conference on Ethics and Integrity in Management and Legal Practices, K. R. Mangalam University, Haryana, India, 8-9 February 2019 3.1. Your intention does not count, but victim’s feeling does. Yes, people are still confused, when we talk about sexual harassment, as according to many, they think that their intention was not to harass anyone, according to them it was just to compliment their beauty or was a normal or friendly gesture. Mostly people deny of harassing anyone sexually. But, the correct thing is intentions of people does not count but the feelings and response of the victim always count , that do they felt sexually assaulted OR not. As friendly gestures, personal remarks, personal compliments, staring, looking, teasings and all these sorts of acts are not suitable for the working environment, for any work place. 3.2. Sexual Harassment abuses your self-respect:-For any human being the most prioritize and valued thing is self respect. Sexual harassment not only breaks ones emotional strengths but also agonize their self respect. It creates question to your identity, it questions to your independency. It makes you answerable for your own identity 3.3 Creates hostile environment to work - Who will want to work in such environment, where, one can not feel safe. A person spends more time in their working place, and if that place is a reason to get mental and physical; torture, than it is difficult to work and breathe safely in their work place. 4. How do you know that for sure you have countered with sexual harassment-? Sexual harassment can be faced by anyone, irrespective of their caste, age, sex, qualification, and role. It involves any sort of unwanted behavior, any act which make you uncomfortable, where you are asked for any sort of personal or physical favor, if it is done with the sexual intention in mind than behavior study says that it will be repeated again. If at any point you are been pressurized for the task which you are not liable for , or you face any sort of unwanted gestures, than it is for sure you are the victim of sexual harassment at the work place. Examples of sexual harassment can be as follows –passing the lewd comments to someone, staring or looking someone top to bottom, commenting on personal looks, sending e - mails, and nude pictures, showing pornography or talking about porn’s to someone. 5. Law for Sexual Harassment at Workplace:- In India law for sexual harassment can be understand into three Stages as:- A. Pre-Vishakha-Stage:- It is really shocking, but yet true that there was no proper guideline and no law for this concern, before Vishakha scenario, it was really difficult for women to raise their voice, against this horrendous crime. If any women had to lodge a complaint than she has to lodge the complain under section 354 and section 509 of IPC. B. Post-Vishakha –Stage:- Earlier, there were only few cases which came to light, as survivor was not that secured as it is now. The gratitude for detailed guidelines on sexual harassment at workplace goes to an NGO-Vishakha, that took a case of gang rape in Rajasthan to the Supreme Court in 1997and it is shocking that government took 16 years to codify the law. It was 1997, but women are still fighting and dealing with the sexual harassment on their daily routine. http://indusedu.org Page 26 International Journal of Research in Engineering, IT and Social Science, ISSN 2250-0588 Volume 9, Special Issue 3, May 2019, International Conference on Ethics and Integrity in Management and Legal Practices, K. R. Mangalam University, Haryana, India, 8-9 February 2019 C. Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013:- As quoted in the books of law- “An Act to endow with protection against sexual harassment of women at workplace and for the prevention and Redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.” Citation Act No 14 of 2013 Territorial extent Whole of India Commenced by Parliament of India Pass date Sep 03, 2012 & Mar 11, 2013 (LokSabha) Feb 26, 2013 (RajyaSabha) Date assented to 22 April 2013 Date commenced 9 December 2013 Legislative history Bill Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 Bill citation Bill No 144-C of 2010 Bill published on 7 December 2010 (Table -1-important facts about Act-2013) The sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act, which is been formed to protect women from sexual harassment happens at their work place. This act was formed to overcome the archaic the Vishakha guidelines for the prevention of the sexual harassment.
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