Sexual Harassment Policy for Work Place Implementation

In a male-dominated Indian society, women often face discrimination. Everyday in newspapers and television, we have stories of sexual harassment against women. Considered as soft targets, they often have to face sexual innuendo, unwelcome passes and lewd remarks and jokes, and the fact that there are no proper Indian laws for women against sexual harassment worsens the scenario. The conditions for working women are no different, with majority of them facing sexual harassment at some point or the other.

Indian Laws for Women: Sexual Harassment Includes Verbal or Non-verbal Behavior of  Sexual Nature

Sexual harassment includes direct or indirect unwelcome behavior or activities, physical contact, demand or request for sexual favors, sexual advances or any verbal or non-verbal behavior of sexual nature. 

According to a survey conducted in five states by a women’s organization, Sakshi, among 2,410 respondents in public and private sectors, 50 percent women have faced unfair treatment at workplace, 59 percent have faced sexual remarks or sexual jokes, 39 percent have come across pornography and humiliating and degrading texts. Incidents of sexual harassment are reported to be particularly high in Delhi.

Indian Laws for Women: Lack of Proper Laws against Sexual Harassment

In India, there is no national legislation or Indian laws for women to deal with sexual harassment. However, in the landmark case of Vishakha vs State of Rajasthan, 1997, the Supreme Court held sexual harassment as an act that violates the fundamental right and the right to equality of women and defined it in a broader ambit. The verdict places hostile work atmosphere and direct request for sexual favors in the same plane.

In the Vishakha judgment, the court laid down a set of norms and guidelines that are to be observed at all work places. It has to be treated as law declared by the Supreme Court (under Article 141 of the Constitution of India) to be enforced until an apt legislation against sexual harassment is passed by the Indian parliament.

Experts believe that the implementation of a strict policy against sexual harassment is the best way of deterring the crime. However, most medium-sized companies in India are yet to implement the guidelines. While most companies have grievance redressal policy, hardly any company has implemented guidelines against sexual harassment.