Awareness Program

Objectives

• To define sexual harassment

• To identify sexual harassment at the workplace
• To outline remedial measures
• To describe legal tenets for preventing sexual harassment
Introduction

A casual touch on the shoulder

Or
A suggestive gesture?

It is a thin line but any form of

intimate, unwelcome, and forced
physical contact between
colleagues, can be termed as
sexual harassment.

Let’s find out more.

 Definition

It is defined as
• Unwelcome sexual advances
• Requests for sexual favors
• Verbal or physical conduct of a sexual nature
• Such conduct affects employment and / or is accompanied by an implied
or real threat to terminate employment.
• Such conduct creates a hostile, intimidating and offensive condition at
work
 Understanding sexual harassment

Quid Pro Quo

When the employer makes sex a pre- requisite to getting something in the
workplace. For example, saying “If you sleep with me or go on a date with
me , then your work will be done".
 Understanding sexual harassment

Hostile environment
This is an environment where an employer (a superior or a colleague) does or
says things that are uncomfortable and offensive to her as an individual.
Where sexual conduct interferes with your work or is so serious or pervasive
that it creates a work environment that you find intimidating, hostile or
offensive.
 Types of Sexual Harassment

Physical – Unwanted contact, such as

• Patting, Pinching, Kissing ;
• Brushing against your body ;
• Assault or coerced sexual intercourse;
 Types of Sexual Harassment

Verbal –
• Offensive flirtations, Suggestive remarks,
• Innuendos or lewd comments; Jokes of a sexual nature;
• Propositions or pressure for sexual activity;
• Demands for social activity outside the workplace after making it clear that
such activity is unwelcome;
.
 Types of Sexual Harassment

Non-verbal –
• Display of pornographic or suggestive pictures,
• Screen savers,
• Objects or written materials;
• Leering or making sexually suggestive gestures;
 Examples of Sexual Harassment

Sexual harassment can occur in a variety of situations.

• Unwanted jokes, gestures, offensive words on clothing, and unwelcome
comments and repartee.
• Touching and any other bodily contact such as scratching or patting a
coworker's back, grabbing an employee around the waist, or interfering
with an employee's ability to move.
Examples of Sexual Harassment

Sexual harassment can occur in a variety

of situations.
• Repeated requests for dates that are
turned down or unwanted flirting.
• Displaying sexually suggestive
objects, pictures, or posters.
• Playing sexually suggestive music.
 How to deal with sexual harassment?

1. Inform the person that his behavior is unwelcome or offensive.

• Let management know of the situation. Inform your HR manager

and ask for the companies policies on sexual harassment.
 How to deal with sexual harassment?

1. If the management does not clear up the issue, you can take
legal action. Remember sexual harassment is a form of
discrimination on grounds of sex, where you are denied the
equal opportunity at the workplace.

• File a lawsuit against the employer. If the employer fails to make

the workplace somewhere comfortable to be employed, filing a
lawsuit may be the only option.
 Legal provisions in Indian Law

There is no law against sexual harassment and all such cases are settled on the
basis of precedents.

However, in 1997 Supreme Court has issued guidelines on this issue following the
Vishaka Vs. State of Rajasthan and others.

For the first time sexual harassment had been explicitly- legally defined as an
unwelcome sexual gesture or behaviour whether directly or indirectly.
 Supreme Court Guidelines

All the employers in charge of work place should take appropriate steps to prevent
sexual harassment :
                
1. Express prohibition of sexual harassment which includes physical contact and
advances, a demand or request for sexual favors, sexually colored remarks,
showing pornographic or any other unwelcome physical, verbal/ non-verbal
conduct of sexual nature should be noticed, published and circulated in
appropriate ways. 
 Supreme Court Guidelines

2.  Where such conduct amounts to specific offences under the Indian Penal Code
or any other law the employer shall initiate appropriate action in accordance with
the law, by making a complaint with the appropriate authority. 

3. Victims of sexual harassment should have the option to seek  transfer of the
perpetrator or their own transfer. 
 Supreme Court Guidelines
Preventive Steps :
1. Express prohibition of sexual harassment should be notified and circulated. 
2. Inclusion of prohibition of sexual harassment in the rules and regulations of
government and public sector. 
3. Inclusion of prohibition of sexual harassment in the standing orders under the
Industrial Employment (Standing Orders) Act, 1946 by the private employers. 
4. Provision should be made for appropriate work conditions for women.
 Supreme Court Guidelines
Procedure pertaining to filing of complaints:
1. Employers must provide a Complaints Committee which is to be headed by a
woman; of which half members should be women.  
2. Complaints Committee should also include an NGO or other organization- which
is familiar with sexual harassment.
3. Complaints procedure should be time bound. 
 Supreme Court Guidelines
Procedure pertaining to filing of complaints:
4. Confidentiality of the complaints procedure has to be maintained. 
5. Complainant or witnesses should not be victimized Or discriminated against-
while dealing with complaints. 
6. The Committee should make an annual report to  the concerned Government
department and also inform of the action (if any) taken so far by them.
 Examples of Court rulings

• Rupan Deol Bajaj Vs. K PS.Gill, - a senior IAS officer, Rupan Bajaj was
slapped on the posterior by the then Chief of Police, Punjab- Mr. K P
S.Gill at a dinner party in July 1988.

The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu
of three months Rigorous Imprisonment under Sections. 294 and 509
of the Indian Penal Code. 
 Examples of Court rulings

• N Radhabai Vs. D. Ramchandran, - Radhabai, Secretary to D

Ramchandran, the then social minister for state protested against his
abuse of girls in the welfare institutions. The minister attempted to
molest her, which was followed by her dismissal.

The Supreme Court in 1995 passed the judgment in her favour, with back
pay and perks from the date of dismissal.
 Web Links

http://jobs.virtualpune.com/aspx/prevent_harassment.aspx

http://www.legalserviceindia.com/articles/rape_laws.htm

http://www.genderdiversity.cgiar.org/inclusiveworkplace/dignity/harassment/
victimguideharass.htm

http://www3.uakron.edu/lawrev/robert1.html

http://humanresources.about.com/od/glossarys/a/sexualharassdef.htm