2. “SEXUAL HARASSMENT”
Sexual harassment is UNWELCOME SEXUAL
Behaviour that interferes with a person’s life. It is
UNWANTED and makes a person feel bad.
• Any act or gesture whether directly or by
implication, aims at or has a tendency to outrage
the modesty of a female employee must fall under
general concept of the definition of sexual
harassment.
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3. Identifying Instances of SHW
Verbal Harassment
• Asking for or demanding sexual favors
• Making, comments with sexual
overtones, double meaning talks
• Talking to the women employee about
the wife
4. Verbal Harassment cont.
• Making comments about a women’s
pregnancy, or (related matters such as
lack of children, etc.)
• Insulting publicly, saying something
demeaning, humiliating
• Commenting on personal appearance
especially about parts of the body.
• Making obscene remarks, cracking
obscene jokes, singing obscene songs.
5. Verbal Harassment cont.
• Asking personal questions about abortion,
etc. upon submission of medical bills
• Linking up with top bosses, “ male
bonding” and commenting/gossiping about
women staff
• Calling late at night, crank calls, leaving
unwarranted messages on answering
machine
• Talking with unnecessary touching, brushing
against another’s body
6. Verbal Harassment Cont.
• Calling to the cabin unnecessarily (e.g.
pretending to need a file)
• Teasing and using names such as
• “ darling”, “honey”, “ sweetheart “, etc.
• Discussing marriage, fertility and other
personal issues (e.g., “ why don’t wear
sindoor, ring, etc.)
7. Verbal Harassment Cont.
• Swearing unnecessarily, getting drunk and
talking “ nonsense”
• Discussing somebody’s sexuality in public
without their consent
8. Conduct of a Sexual Nature
• Physical contact or advances
• Touching, pinching, grabbing, holding,
rubbing up against, etc.
• Sexual assault
• Coming and sitting in the hotel room and
drinking when out for conferences
• Creating scenes in public
• Following you
9. Conduct of a Sexual Nature cont.
• Concerning, trapping or blocking a
person’s pathway
• Forcibly entering public transport
• Forcing one to smoke
• Locking the door while discussing work
• Landing up at the residence
• Making a woman conscious of her
surroundings, herself
10. Conduct of a Sexual Nature cont.
• Making if difficult for a woman to come to the
office
• Asking the woman to come to office on holiday
• Asking the woman to dress in a particular way
• Opening belt after eating
• Sitting in a obscene manner
• Leering or starting at another’s body and/or
sexually gesturing
11. Conduct of a Sexual Nature cont.
• Drinking in the office
• Excessively lengthy handshakes
• Display or pornographic material or sexual
explicit written material
• Display of sexually visual material such as
pinups, cartoons, graffiti, computer
programmes, or catalogues of a sexual
nature
12. Conduct of a Sexual Nature cont.
• Sending e-mails with propositions,
advances, pornographic or inappropriate
materials, sexually colored remarks or
jokes, etc.
13. Discrimination Amounting to Gender
Harassment
• Disallowing women to come up above a
particular grade.
• Failing to provide rest rooms, ladies toilets
and day care centres
• Addressing certain issues to men and
certain to women
• Giving extra work simply because the
employee is a women
14. • Trying to unnecessarily find fault with work
• Not a friendly work environment for
women
• Giving more attractive assignments to
men
• Commenting on a women’s attributes
rather than her work
• Treating a woman like an ornament
15. • Making the women give bouquets, etc.
• Refusing to take complaints seriously
• Condoning acts of SHW by actively
encouraging or passively not taking
affirmative steps to prevent them
• Asking unwarranted questions when
women want to take leave
• Gender stereotyping
16. • Discriminating on the basis of sexual
orientation
• Trivializing the issue, telling a woman who
complaints of harassment to forgive and
forget.
17. Reasons for Low Reporting of
Sexual Harassment
• Family pressures, concealment from the
family.
• Fear of publicity, defamation and
stigmatization
• Belief that complaint will not be taken
seriously and that no relief will be granted
• Fear of revenge by the abuser
18. • Fear of losing job opportunities
• Fear of adverse entries in confidential
records
• Fear of further harassment
19. Unacceptable Consequences to
victim
• Lack of increments
• Disrepute
• Litigation by abuser alleging defamation
• Aggravated harassment, including threats
to life
• Transfers
• Ostracism and isolation
• Financial hardship
• Non-co-operation of family
20. • Threatening harm to victim and her family
• Transferring
• Giving bad Annual Confidential Reports
• Defaming on refusal
• Making physical threats and attacks
• Terminating services
• Stopping increments, promotion
• Troubling and involving relatives and
friends
21. • Hiring hoodlums to harass you
• Conducting bogus inquiries
• Intimidating or threatening the peers in
whom the victim confided
• Filing defamation suits
• Threatening witnesses
22. Unacceptable employer responses
to sexual harassment
Employees should not adopt a reconciliatory
and a settlement oriented approach.
The employer’s responses may be:
• To be dismissive
• To not take the complaint of sexual
harassment seriously
• To bring pressure upon the complaint to
settle or not press her complaint
23. • To be internationally inactive or to “ wish
away” the situation at hand.
• To shield the perpetrator
• If the woman is unmarried, to intermediate
the family members of the complaint
• To resolve the situation by transferring
both the abuser as well as the complaint
rather than by penalizing the abuser.
24. CONSEQUENCES OF SEXUAL VIOLENCE:
• Sexually transmitted diseases.
• Vaginal or rectal injuries.
• Miscarriages, stillborn babies, premature birth.
• Low self esteem
• Depression
• Fear
• Anxiety
• Sexual dysfunction
• Obsessive – compulsive disorder
• Post – traumatic stress disorder
• Unwanted pregnancy
• Induced abortion
• STD including HIV/AIDS
• Suicide
25. The provisions of the IPC which may be
used in the case of SHW are:
• Sections 107-109 Abetment
• Sections 120A
and 120B Criminal conspiracy
• Sections 292-294 Obscenity
• Section 306 Abetment of suicide
• Sections 319-331 Relating to hurt and
grievous hurt
26. The provisions of the IPC which may be
used in the case of SHW are:
• Sections 339-348 Relating to wrongful
restraint and wrongful
confinement
• Sections 415-417 Cheating
• Sections 499-500 Defamation
• Sections 503,
506and 507 Criminal intimidation
27. The provisions of the IPC which may be
used in the case of SHW are:
• Section 508 Act caused by inducing
the person to believe
that he will be rendered
the object of divine
displeasure.
• Section 509 Word, gesture or act
intended to insult the
modesty of a woman
28. Illustration Guidelines for a Sexual
Harassment Policy -Understand Sexual
Harassment
• Realize that men as well as women may
be sexually harassed;
• Understand that employees may wait a
while before lodging sexual harassment
charges.
29. Communicate the Policy
• Issue a strong policy from the head of the
organization against sexual harassment;
• Provide a clear definition of sexual
harassment using examples of
inappropriate behavior;
• Review the policy with your employees on
a regular basis;
• Discuss the policy with all new employees;
• Ensue the third-party suppliers and
customers, are aware of your sexual
harassment policy.
30. Establish Procedures
• Appoint a senior official to oversee the
implementation of the policy;
• Train supervisions and managers to recognize
and prevent sexual harassment;
• Outline procedures to use in reporting sexual
harassment;
• Designate a personnel officer or other
appropriate manager, rather than a direct
supervisor, to receive sexual harassment
complaints;
• Provide alternative routes for filing complaints;
• Keep all sexual harassment charges confidential
31. Enforce the Policy
• Make sure employees who bring charges
do not face retaliation;
• Safeguard the rights of the accused;
• Investigate all sexual harassment charges
quickly and thoroughly;
• Maintain accurate records of the
investigation and the findings;
• Take immediate action when sexual
harassment is discovered or suspected;
32. Enforce the Policy
• Discipline appropriately any employee
found to have engaged in sexual
harassment;
• Safeguard your employees from third
party work related sexual harassment.
33. • Some reported / decided cases of
sexual harassment at workplace:-
1.In one of the cases two nurses of Bara
Hindu Rao Hospital, Delhi were molested
& harassed by the senior doctor of the
hospital in March, 1992. There was an
agitation by the nurses demanding justice.
But like many other cases of harassment
this case too was hushed up. (Hindustan
times, 20 march, 1992)
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34. 2.Another case which generated much controversy
was in October, 1989 when Mukti Dutta,
Secretary to Jan Jagran Samiti, Delhi, was
harassed by the then Union Minister of
Environment & Forest Z.R. Ansari in his private
office in Paryavaran Bhawan. Ansari was
arrested but later released on bail. (Times of
India, 21 October, 1989)
3.On 8 August, 1989, Speaker of Goa Assembly,
Dayanand Narvedkar sexually harassed a 19-
year old employee in his chamber. (Indian
Express, 2 September, 1989)
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35. 4.One more incident where Rupan Deol Bajaj, a
senior IAS officer, accused the then Director
General of police, KPS Gill, sexually abusing her
at an official dinner party. This case made
headlines. Mrs. Bajaj also said that silence only
helps the culprit to continue with the same kind
of behaviour. A court found Mr. Gill guilty.
(Times of India, 20 July, 1998)
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36. 5.Even police women who are trained to be not
only mentally equal but physically also, are not
spared. In 1999, over 10 women police officials
have lodged complaints with a committee set up
by the Delhi police commissioner, to check the
instances of sexual harassment at workplace.
6.The latest Supreme Court Ruling came in
response to two writ petitions. Vishaka vs. State
of Rajasthan (AIR 1997 SCC 241). First petition
was filed five years ago after Bhanwari Devi, a
social worker in Rajasthan was gangraped,
because she had tried to prevent child marriage.
In this writ petition, it was prayed that the
Supreme Court should formulate guidelines for
checking sexual abuse.
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37. There are provisions under section 509, 294
and 354 of the Indian Penal Code for dealing
with eve teasing and sexual harassment.
Section 509:
Insulting the modesty of a woman: Whoever intending to insult
the modesty of any women utters any word, makes any sound or
gesture or exhibits any object, intending that such gesture or object
shall be seen by such women or intrudes upon the privacy of such
women shall be punished with simple imprisonment for a term which
may extend to one year or with fine or with both.
Section 294 IPC:
Obscene Acts and Songs: Whoever, to the annoyance of others,
(a) does any obscene act in any public place or (b) sings, recites or
utters any obscene songs, ballad or words in or near any public
place shall be punished for 3 months with fine.
Section 354:
Assault/Force to outrage Woman's Modesty: Whoever
assaults or uses criminal force to any woman intending to outrage or
knowing it to be likely that he shall thereby outrage her modesty,
shall be punished with imprisonment or either description for a term
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38. • Supreme Court Judgment:
The latest definition of sexual harassment has been
suggested by Hon’ble Mr. Justice A.S. Verma (former
chief justice of India) in Vishaka vs State of Rajasthan
(1997, (6) SCC 241):
“Sexual harassment includes such un-welcome
sexually determined behaviour (whether directly or by
implication) as :
(a) Physical contract and advances;
(b) a demand or request for sexual favors;
(c) sexually colored remarks;
(d) showing pornography;
(e) any other un-welcome, physical, verbal or non-verbal
conduct of sexual nature …………
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39. …Where any of these is committed in circumstances…
• where the victim of such conduct has reasonable
apprehension
• that in relation to the victim’s employment or work,
• whether she is drawing salary or honorarium or
voluntary or
• whether in Government, public or private enterprises ,
• such conduct can be humiliating and may constitute
health and safety problems.
• It is discriminatory for instance, when the woman has
– reasonable ground to believe that her objection
would disadvantage her in connection with her
employment or work including recruiting or
promotion or
– consequences might be visited if the victim does
not consent to the conduct in question or raise any
objection thereto.” 15
40. • Guidelines:
(1)The Rules/Regulations of Government and Public sector
bodies relating to conduct and discipline should include
guidelines prohibiting sexual harassment and provide for
appropriate penalties against the offender.
(2)The court has also ordered for setting up of complaints
committees where not less than half of its members
should be women. To prevent the possibility of any
undue pressure of influence from senior level, such as
committees should involve NGO or other body who is
familiar with the issue of sexual behaviour.
(3)Another direction is that employees should be allowed to
raise issues of sexual harassment in meetings and in
other appropriate forums and should be affirmatively
discussed in the employee employer meetings.
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41. (4)When sexual harassment occurs as a result of an act or
omission of 3rd party or outsider, the employer and the
persons in charge will take all steps necessary and
reasonable to arrest the guilty person by way of support
and preventive action.
(5)All the employees should take immediate steps to
include the prohibitions in the Industrial Employment
(Standing Orders) Act, 1946.
(6)Where such conduct amounts to a specific offence
under IPC or under any other law the employer shall
initiate appropriate actions in accordance with law. It
should ensure that victims or witnesses are not
victimized or discriminated against while dealing with the
complaints of sexual harassment. The victim should
have the opinion to seek the transfer of the accused or
her own transfer. 17
42. • Limitations:
Workplace- undefined. especially. for
field jobs for unorganized sectors.
Harassment
Direct (now well defined has fair
acceptance) but Indirect (Still not well
accepted)
Discrimination/Bullying yet
unaddressed
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43. 3.Committee formation may become an
Eye-wash
Usually pro-management, weak, ignorant,
insensitive persons selected
Assertiveness, knowledge of grass root
realities and of procedures esp. becomes
a disqualification
NGO’S selection mostly questionable
Outcome of enquiry usually predecided
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44. 4.Victim pressurized not to file complaint,
Threatened to be further victimized.
5.Witnesses are silenced
6.People active in raising issues are threatened,
sent subtle messages to remain silent.
7.“Guidelines”, “service rules”- not well
disseminated
8.Fixing onus of proof necessary.
9.Larger issue of work place violence
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45. • Remedies for Gender Just Safe Work
environment
1. Awareness raising
• Victims - e.g. Right to say NO, Assertiveness,
Learning to speak up for themselves
• Perpetrators - sensitize to realize the ill effects on
the victims psyche, difference between
“Annoying”, and “Illegal behaviour”
2. Strengthening Support services
and network
Creating pressure groups
Creating self help groups
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46. 3. Encouraging sharing and reporting:
Strategic actions
Evidences/Data
Therapeutic Ventilation
4. Support/facilitate legal action
5. Provide assistance: Escort, accompany
6. In reported cases a thorough objective inquiry
and strict punishment if guilty to send a clear
message-”Sexual harassment is unacceptable
and will not be tolerated”
7. Encourage micro researches
8. Enact/Review legal provisions
9. Preventive vigilance
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