Safe Workplace is a Woman’s right

Preamble to the Constitution states that “Equality of status and opportunity” must be secured for all of India’s people and Article 14 of the Constitution ensures that everyone is treated equally under the law.

Consequently, a woman has a legal right to a secure workplace. In fact, Articles 14, 15, and 21 of the Indian Constitution contain the constitutional notion of equality and personal freedom. These articles defend a person’s right to life and personal liberty as well as their right to equal protection under the law and to a life free from all forms of discrimination.

The UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was enacted by the UN General Assembly in 1979 and is recognised by India, serves as additional proof of this. In terms of human rights and fundamental liberties in the political, economic, social, cultural, and civil arenas, it advocates equality between men and women. It’s often described as a global charter of rights for women. It underlines how discrimination and attacks on women’s dignity contradict the equality of rights principle.

A flagrant violation of women’s rights to equality and dignity is sexual harassment. Not only does it violate a woman’s fundamental rights under Article 19 (1) (g) of the Indian Constitution to “practise any profession or to carry out any occupation, trade, or business,” it also undermines equality and endangers the workers’ dignity and physical and mental health. This has a negative effect on life and means of subsistence and results in low production.

Roots of Sexual Harassment

Today, workplace sexual harassment is more widely recognised as a form of violence against women and a violation of women’s rights all across the world. In fact, violence against women in both the public and private spheres continues to be justified by the societal construct of male privileges in society. Sexual harassment essentially serves as a mirror reflecting male authority over women and its roots can be found in patriarchy, which is characterised by the belief that men are superior to women and that some types of violence against women are acceptable.

One of these is sexual harassment at work, which considers various types of such harassment to be unimportant and harmless. It is frequently justified as “natural” male activity or “harmless flirtation” that appeals to women. Contrary to popular belief, it has a major negative impact and is a prominent example of workplace sex discrimination. To make matters worse, ingrained sociocultural behavioural patterns that build a hierarchy of genders often place blame on the victim, escalating inequalities in the workplace and in society at large.

Why Sexual Harassment goes unreported?

Despite the fact that workplace sexual harassment has reached alarming proportions, most of the time women do not report the incident to the appropriate authorities out of fear of retaliation from the harasser, losing their job, being stigmatised, or losing their professional position and reputation. Women are compelled to adopt traditional gender roles in a culture where violence against women, both overt and covert, is a result of patriarchal norms. The greatest barrier in resolving and preventing sexual harassment is posed by these patriarchal ideals and attitudes held by both men and women.

Another reason is lack of awareness amongst the working women who may frequently experience sexual harassment, but they may not be aware that it violates their rights or that they have recourse. They need to be aware that they have options. Then there are those who would think that it is a private matter best handled between the parties.

Present context

Given the challenges in recording the experiences of persons who have been a victim of workplace sexual harassment, the entire scope of the issue is unknown. However, the studies that are currently accessible on the subject indicate that it is undoubtedly a problem in India today. Because it addresses this issue to protect the rights of women workers across the nation, the legislation represents a significant advancement for women’s rights in general.

Even though the official statistics on women’s employment in India are low, a large portion of the labour that women conduct is not included in these statistics. Where this is taken into account, it is argued1 that women’s overall labour force participation would be 86.2%. Estimates indicate that there is a sizable workforce of women; therefore, it is necessary to ensure their employment and rights, even though official data indicates that women’s labour participation rate is approximately 25.3% in rural regions and 14.7% in urban areas. 93% of women employees are working in the unorganised sector, where they are still not covered by any regulations. Since there are no regulations or safeguards in place to protect them, safety measures must be taken proactively.

Posh Act in India

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted in order to protect women’s right to equality in position and opportunity at work and to create safe working conditions for them. Women will be more likely to participate in the workforce if they feel safe doing so, which will lead to their economic empowerment and inclusive growth. The realisation of their rights to gender equality, life and liberty, and parity in all workplace conditions will be aided by the efficient implementation of the Act.

Through this Act, it is crucial to make sure that prevention is prioritised over harsh punishment. This necessitates extensive understanding of the Act among managers, employers, and workers themselves. It is crucial to take action to alter mindsets and attitudes through raising awareness of sexual harassment as well as the remedies available in order to change the current state of affairs.

Today, all workplaces in India are mandated by law to provide a safe and secure working environment free from sexual harassment for all women.

Safe working spaces for women is a win-win situation for all

Like other types of violence, workplace sexual harassment is not a victimless crime. Serious health, human, financial, and societal costs are involved, and these costs are reflected in a country’s overall development indices.

It is generally known that providing safe working environments for women has a beneficial effect on their productivity and improves their involvement in the workforce, both of which are advantageous to the country as a whole. Empowered women are essential to the economic growth of the country, and this can only be accomplished if it is made sure that women’s workplaces in all industries and across the entire nation have a safe and secure atmosphere for work.

Vishaka Guidelines as laid down by the Supreme Court of India

Vishaka and other women’s organisations brought a Public Interest Litigation (PIL) before the Supreme Court of India based on the facts of Bhanwari Devi’s case against the State of Rajasthan and the Union of India. It was urged that sexual harassment be acknowledged as a violation of women’s fundamental right to equality and that all workplaces, establishments, and organisations be held accountable and liable for respecting these rights.

The Supreme Court of India established legally binding guidelines in the landmark ruling Vishaka vs. State of Rajasthan (1997), basing it on the right to equality and dignity guaranteed by the Indian Constitution as well as the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

It contained:

• A definition of sexual harassment
• Shifting accountability from individuals to institutions
• Prioritizing prevention
• Provision of an innovative redress mechanism

Sexual harassment, according to the Supreme Court, is any unwanted, sexually motivated physical, verbal, or nonverbal behaviour. Examples include making sexually suggestive comments about women, requesting sexual favours, and using sexually explicit images at work. The definition also addressed scenarios in which a woman can experience disadvantage at work as a result of risks related to hiring decisions that might have a detrimental impact on her working life.

Employers were required to make sure that there was no hostile work environment for women, and it was against the law to intimidate or victimise anyone who helped with an investigation, including the complainant who was being investigated and any witnesses.

It called for the formation of a complaints committee as a means of redress, which will investigate cases of workplace sexual harassment of women. To reduce excessive pressure on the complainant, the Complaints Committees were required to be led by a woman employee, have at least half of their members be women, and to include a third party person or NGO expert on the subject. The regulations applied to all paid and unpaid jobs in the public and private sectors.

Vishaka ruling established that foreign standards and legislation could be used to broaden the protections provided by India’s constitution and fill up any gaps that may arise. The Vishaka Guidelines and related legislation, which marked the beginning of India’s creative history in addressing workplace sexual harassment, have given the problem crucial prominence. Workplaces must now accept responsibility for this situation and make sure that women may work in environments that are secure and safe.

THE PoSH ACT

The Supreme Court, by raising the standard of responsibility and accountability in the Vishaka Guidelines, has obligated businesses, organisations, and individuals in authoritative positions to protect the fundamental right of working women to equality and dignity in the workplace. In order to reach that benchmark, institutions were required to fulfil the following three obligations:

• Prohibition
• Prevention
• Redressal

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act was enacted in India in 2013. The Act’s stated goal is to protect women from sexual harassment in the workplace by requiring employers to provide a harassment-free environment, train employees, and implement policies that are consistent with the Vishaka judgement.

It’s worth noting that the Act is in addition to pre-existing legislation and provides women with a civil recourse. Therefore, any woman who experiences sexual harassment on the job can pursue legal action, both civil and criminal.