Sexual Harassment of Women at Workplace: Issues and Challenges – Explained, Pointwise

Sexual harassment of Women at the workplace is a form of gender discrimination that violates women’s fundamental rights, including their right to equality under Article 14 and their right to dignity and a safe life under Article 21 of the Constitution. It creates an unsafe and hostile work environment, impeding women’s professional growth and affecting their overall well-being.

The recent rape and murder of a female doctor in Kolkata has highlighted the poor working conditions women face. Women are unsafe whether they work in organized or unorganized sectors. Furthermore, the Justice Hema committee’s recent report on the Malayalam film industry has exposed serious issues like sexual abuse, gender discrimination, and mistreatment of women in the industry.

Despite many laws designed to protect women from workplace harassment, such issues still occur. This article will examine why harassment continues and propose measures to address the problem effectively.

What are the key findings of Justice Hema Committe report?

1) Sexual Demands-Women entering the industry often face pressure to exchange sexual favors for job roles. This practice, called the “casting couch,” involves demanding sexual favors in return for opportunities. The report also highlights frequent vulgar comments from men and instances of drunk male co-actors harassing women.

2) Harassment and Torture-Women experience sexual harassment, abuse, and assault at work, while traveling, and in their living spaces, as well as online. Those who reject sexual advances often encounter mistreatment and offensive remarks. .

3) Lack of Facilities and Safety:-Many workplaces, especially outdoor ones, lack essential facilities like toilets and changing rooms, which can lead to health problems such as urinary infections.

4) Ban and Silence– Unauthorized bans and threats of being barred from work are used to silence women in the industry. A powerful male network controls the industry, and challenging them can lead to being pushed out.

5) Discrimination-Gender bias is widespread, with significant pay disparities between men and women. Additionally, junior artists often face harsh conditions, working up to 19 hours a day.

6) Non-execution of Contracts-Many employment contracts are not honored, leading to actors and technicians receiving less pay or no payment at all.

What is the status of Sexual Harassment of Women at Workplace in India?

1) National Crime Records Bureau (NCRB) Data-From 2018 to 2022, India reported over 400 cases of sexual harassment at work each year, according to a Business Standard report, which used National Crime Records Bureau (NCRB) data.

2) Prevalence of Sexual Harassment-A 2018 survey by the Martha Farrell Foundation revealed that 80% of Indian women have faced workplace harassment, with 38% experiencing it in the past year.

3) Rising Number of Complaints-According to the Centre for Economic Data and Analysis (Ashoka University)  sexual harassment complaints reported under the POSH Act have increased significantly, rising from 161 in 2013-14 to 1,160 in 2022-23.

What are the existing initiatives to deal with Sexual Harassment of Women at Workplace in India?

The Vishaka Guidelines, established by the Supreme Court in 1997 to address sexual harassment at the workplace, were  superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act).

1) Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)-

A) Purpose: To provide a safe and secure working environment for women by preventing and addressing sexual harassment at the workplace.
B) Definition: Defines sexual harassment in a broad sense, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
C) Internal Complaints Committee (ICC): Mandates the establishment of an ICC in every organization with 10 or more employees. The ICC is responsible for receiving and addressing complaints of sexual harassment.
D) Local Complaints Committee (LCC): For organizations with fewer than 10 employees or for cases where the ICC is not available, a Local Complaints Committee can be constituted at the district level.
E) Complaint Procedure: Outlines the process for filing and investigating complaints, ensuring confidentiality and fair treatment of both the complainant and the accused.
F) Penalties-It prescribes penalties for non-compliance, including fines and imprisonment. Employers can be fined up to ₹50,000 for not constituting an ICC.

2) Addressing Quid Pro Quo Situations-The Bhartiya Nyay Samhita criminalizes sexual harassment that involves false promises of marriage or employment. It treats such actions, where sexual favors are demanded under misleading pretenses, as serious offenses akin to rape.

What are the reasons for Sexual Harassment of Women at Workplace in India?

1) Power Imbalances and Gender Inequality:-In workplaces with a gender imbalance, men often hold more power, which can lead to the exploitation of women. Women may feel forced to tolerate harassment to secure their jobs.

2) Lack of Awareness and Training:-Reports from the National Commission for Women (NCW) show that many workplaces lack proper training on sexual harassment. This lack of awareness about legal rights and procedures hinders effective prevention and handling of harassment cases.

3) Inadequate Implementation of Laws-Many workplaces, especially in informal sectors, do not set up Internal Complaints Committees (ICCs) or enforce the 2013 Sexual Harassment of Women at Workplace Act effectively. For ex– a 2024 survey by The Udaiti Foundation found that 59% of organizations had not established the required ICCs.

4) Effectiveness of ICCs-Internal Complaints Committees (ICCs) may fail to be effective due to problems such as poor confidentiality, bias, or interference from powerful individuals.This weakens the complaint and resolution process.

5)  Fear of Retaliation:-Many women hesitate to report harassment due to fear of retaliation, such as job loss or being blacklisted. . For ex-actress Parvathy experienced online rape threats and a drop in film roles after she spoke out against misogyny in the industry.

6)) Cultural and Social Norms-These downplays the seriousness of sexual harassment, making it difficult for victims to seek justice. Further, social stigma and gender discrimination contribute to a toxic work environment.

7) Lack of Basic Facilities and Safety Measures:-In some industries, especially outdoor and informal ones, the lack of basic facilities like proper toilets and changing rooms increases women’s risks and discomfort.This can make them more vulnerable to harassment.

What are the implications of Sexual Harassment of Women at Workplace ?

1) Individual Impact-

A) Victims of sexual harassment often suffer from severe emotional distress, including anxiety, depression, and low self-esteem. They may also experience physical health issues like sleep disorders, high blood pressure, and weakened immune systems.

B) Sexual harassment can lead to lower job satisfaction and hinder career growth. According to a 2019 McKinsey report, 35% of women in India have thought about leaving or pausing their careers because of harassment.

2) Organizational Impact-

A) Sexual harassment creates a toxic work environment that lowers employee productivity. Victims may become distracted, miss work, and lose motivation, harming the organization’s overall performance.
For ex-it costs India $6 to $10 billion each year due to its effects on labor force participation and productivity, according to World Bank estimates.

B) Companies that ignore sexual harassment can face costly lawsuits and financial penalties. For ex– one case resulted in a $17.4 million damage award.

3) Societal Impact- The harassment damages social norms by normalizing violence and unsafe conditions for women, undermining their dignity and empowerment.

What should be the way forward?

1) Implementing the recommendations of the Justice Hema Committee for film industry-

A) Establishing a Tribunal-A new law, the “Kerala Cine Employers and Employees (Regulation) Act, 2020,” should be enacted to establish an independent tribunal for dealing with harassment and discrimination. This tribunal should be headed by a retired district judge, preferably a woman, and have the authority of a civil court.

B) Mandatory Written Contracts-The report recommends that all employees, including junior artists, must have written contracts to protect their rights. These contracts should include provisions for female staff, such as safe toilets, secure accommodations, and safe travel arrangements.

C) Gender Awareness Training-All cast and crew should complete mandatory online gender awareness training before starting work. The training materials should be provided in both Malayalam and English.

D) Incentives for Gender-Just Movies-The government should offer financial support and low-interest loans for films made by women that focus on gender justice.

E) Banning Alcohol and Drugs-Alcohol and drug use should be prohibited in film workplaces.

F) Addressing Cyberthreats-Online harassment of women, particularly through fan clubs and other platforms, should be addressed.

G) Comprehensive Film Policy-A comprehensive film policy focusing on gender equality in all aspects of production, distribution and exhibition should be developed.

2) For organized and other sectors-

A) Implement and Enforce Legal Frameworks-Compliance with the POSH Act should be ensured by setting up Internal Complaints Committees (ICCs) to handle harassment complaints. For ex– HDFC Bank and Accenture have implemented strong, independent ICCs with both male and female members.

B) Strengthen Internal Policies-A clear sexual harassment policy should be distributed, outlining prohibited behaviours, reporting procedures, and potential consequences. For exa– IBM India and Flipkart offer anonymous reporting options to protect employees’ identities when reporting harassment.

C) Ensure Fair Investigation-All complaints should be investigated impartially and confidentially. The ICC should be trained to handle them sensitively and resolve issues quickly to ensure justice and accountability.

D) Foster an Inclusive Culture-A culture of respect and inclusivity should be fostered by encouraging open discussions about sexual harassment and supporting gender equality

E) Support for Victims–Counseling and psychological support should be offered to employees who experience harassment at workplace.

F)  Monitor and Review-Frequent audits of the workplace should be conducted to evaluate the effectiveness of policies and training. Feedback should be used to make necessary improvements, and complaints should be monitored to identify and address ongoing issues.

G) Self-defence Training -Women should receive self-defense training, and schools should incorporate self-defense education for girls to empower them with the skills to protect themselves.

3) Recommendations of the Justice Verma Committee on Sexual Harassment at Workplace–
A) Domestic workers should be covered under the PoSH Act.

B) There is a need to establish an Employment Tribunal to handle cases of sexual harassment, rather than relying solely on the internal complaints committee (ICC) under the PoSH Act.

C) It recommended removing the three-month deadline for filing complaints, giving victims more time to report harassment without feeling rushed.