When woman is harassed at work

When woman is harassed at work

Article

1. India’s #MeToo movement, with editors, actors and minister being publicly accused, is breaking the culture of silence around sexual harassment and everyday sexism marks a watershed moment in societal evolution.

Sexual Harassment of Women at Workplace Act, 2013

2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
3. It defines sexual harassment, lays down the procedures for a complaint and inquiry, and the action to be taken. It broadens the Vishaka guidelines, which were already in place.

Vishaka guidelines

4. These were laid down by the Supreme Court in a judgment in 1997.
5. This was on a case filed by women’s rights groups, one of which was Vishaka.
6. They had filed a public interest litigation over the alleged gang-rape of Bhanwari Devi, a social worker from Rajasthan. In 1992, she had prevented the marriage of a one-year-old girl, leading to the gang-rape in an act of revenge.

Sexual harassment as defined in the law

7. Sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

• Physical contact and advances
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

• Additionally, the Act mentions five circumstances that amount to sexual harassment — implied or explicit promise of preferential treatment in her employment; implied or explicit threat of detrimental treatment; implied or explicit threat about her present or future employment status; interference with her work or creating an offensive or hostile work environment; humiliating treatment likely to affect her health or safety.

Challenges of the #MeToo movement

• In Public ‘naming and shaming’, there is danger of personal scores being settled in public.
• There is ethical aspects of naming harassers without them being afforded the chance to be heard and who is accountable for naming someone falsely.
• As the movement is rising, what are the institutional processes it seeks to install.

11. The culture of male entitlement and patriarchy is so prevalent that most victims have thus far preferred silence to challenge these cases.
12. #MeToo is a challenge to these attitudes that enforce a culture of silence.