{"id":308360,"date":"2024-08-26T19:15:21","date_gmt":"2024-08-26T13:45:21","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=308360"},"modified":"2024-08-30T12:12:56","modified_gmt":"2024-08-30T06:42:56","slug":"sexual-harassment-of-women-at-workplace-issues-and-challenges-explained-pointwise","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/sexual-harassment-of-women-at-workplace-issues-and-challenges-explained-pointwise\/","title":{"rendered":"Sexual Harassment of Women at Workplace: Issues and Challenges – Explained, Pointwise"},"content":{"rendered":"

Sexual harassment<\/span> of Women at the workplace is a form of gender discrimination that violates women\u2019s fundamental rights, including their right to equality under Article 14<\/span> and their right to dignity and a safe life under Article 21<\/span> of the Constitution. It creates an unsafe and hostile work environment, impeding women\u2019s professional growth and affecting their overall well-being<\/span>.<\/p>\n

The recent rape<\/span> and murder<\/span> of a female doctor in Kolkata<\/span> 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<\/span> recent report on the Malayalam film industry<\/span> has exposed serious issues like sexual abuse, gender discrimination, and mistreatment of women in the industry.<\/p>\n

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.<\/p>\n\n

What are the key findings of Justice Hema Committe report?<\/h2>\n

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

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

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

4) Ban and Silence<\/strong>–\u00a0Unauthorized bans<\/span> and threats of being barred from work are used to silence women<\/span> in the industry. A powerful male network<\/span> controls the industry, and challenging them can lead to being pushed out.<\/p>\n

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

6) Non-execution of Contracts<\/strong>-Many employment contracts are not honored<\/span>, leading to actors and technicians receiving less pay or no payment at all.<\/p>\n

What is the status of Sexual Harassment of Women at Workplace in India?<\/h2>\n

1) National Crime Records Bureau (NCRB) Data-<\/strong>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.<\/p>\n

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

3) Rising Number of Complaint<\/strong>s-According to the Centre for Economic Data and Analysis (Ashoka University)\u00a0 sexual harassment complaints reported under the POSH Act have increased significantly, rising from 161 in 2013-14 to 1,160 in 2022-23<\/span>.<\/p>\n

What are the existing initiatives to deal with Sexual Harassment of Women at Workplace in India?<\/h2>\n

The Vishaka Guidelines<\/span>, established by the Supreme Court in 1997 to address sexual harassment<\/span> at the workplace, were\u00a0 superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act).<\/p>\n

1) Sexual Harassment of Women at Workplace Act, 2013 (POSH Act)-<\/strong><\/p>\n

A) Purpose<\/strong>: To provide a safe and secure working environment for women by preventing and addressing sexual harassment at the workplace.
\nB) Definition<\/strong>: Defines sexual harassment in a broad sense<\/span>, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
\nC) Internal Complaints Committee (ICC)<\/strong>: Mandates the establishment of an ICC in every organization with 10 or more employees<\/span>. The ICC is responsible for receiving and addressing complaints of sexual harassment.
\nD) Local Complaints Committee (LCC)<\/strong>: For organizations with fewer than 10 employees<\/span> or for cases where the ICC is not available, a Local Complaints Committee<\/span> can be constituted at the district level.
\nE) Complaint Procedure<\/strong>: Outlines the process for filing and investigating complaints, ensuring confidentiality<\/span> and fair treatment<\/span> of both the complainant and the accused.
\nF) Penalties<\/strong>-It\u00a0prescribes penalties for non-compliance<\/span>, including fines and imprisonment. Employers can be fined up to \u20b950,000<\/span> for not constituting an ICC.<\/p>\n

2) Addressing Quid Pro Quo Situations<\/strong>-The Bhartiya Nyay Samhita<\/span> 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.<\/span><\/p>\n

What are the reasons for Sexual Harassment of Women at Workplace in India?<\/h2>\n

1) Power Imbalances and Gender Inequality<\/strong>:-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<\/span> to secure their jobs.<\/p>\n

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

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

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

5)\u00a0 Fear of Retaliation<\/strong>:-Many women hesitate to report harassment due to fear of retaliation, such as job loss or being blacklisted<\/span>. . For ex-<\/span>actress Parvathy<\/span> experienced online rape threats and a drop in film roles after she spoke out against misogyny in the industry.<\/p>\n

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

7) Lack of Basic Facilities and Safety Measures<\/strong>:-In some industries, especially outdoor and informal ones,<\/span> the lack of basic facilities like proper toilets and changing rooms increases women\u2019s risks and discomfort.This can make them more vulnerable<\/span> to harassment.<\/p>\n

What are the implications of Sexual Harassment of Women at Workplace ?<\/h2>\n

1) Individual Impact-<\/strong><\/p>\n

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

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

2) Organizational Impact-<\/strong><\/p>\n

A) Sexual harassment creates a toxic work environment<\/span> that lowers employee productivity. Victims may become distracted, miss work, and lose motivation<\/span>, harming the organization\u2019s overall performance.
\nFor 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<\/span>.<\/p>\n

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

3) Societal Impact-<\/strong>\u00a0The harassment damages social norms by normalizing violence<\/span> and unsafe conditions<\/span> for women, undermining their dignity<\/span> and empowerment.<\/span><\/p>\n

What should be the way forward?<\/h2>\n

1) Implementing the recommendations of the Justice Hema Committee for film industry-<\/strong><\/p>\n

A) Establishing a Tribunal<\/strong>-A new law, the “Kerala Cine Employers and Employees (Regulation) Act, 2020<\/span>,” 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<\/span>, and have the authority of a civil court.<\/p>\n

B) Mandatory Written Contracts<\/strong>-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<\/span>, such as safe toilets<\/span>, secure accommodations<\/span>, and safe travel arrangements.<\/span><\/p>\n

C) Gender Awareness Training<\/strong>-All cast and crew should complete mandatory online gender awareness<\/span> training before starting work. The training materials should be provided in both Malayalam and English.<\/p>\n

D) Incentives for Gender-Just Movies<\/strong>-The government should offer financial support and low-interest loans for films made by women that focus on gender justice<\/span>.<\/p>\n

E) Banning Alcohol and Drugs<\/strong>-Alcohol and drug use should be prohibited in film workplaces.<\/p>\n

F) Addressing Cyberthreats<\/strong>-Online harassment of women, particularly through fan clubs<\/span> and other platforms,<\/span> should be addressed.<\/p>\n

G) Comprehensive Film Policy<\/strong>-A comprehensive film policy focusing on gender equality<\/span> in all aspects of production, distribution and exhibition should be developed.<\/p>\n

2) For organized and other sectors-<\/strong><\/p>\n

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

B) Strengthen Internal Policies-<\/strong>A clear sexual harassment policy<\/span> should be distributed, outlining prohibited behaviours, reporting procedures, and potential consequences. For exa<\/span>– IBM India and Flipkart offer anonymous reporting options<\/span> to protect employees\u2019 identities when reporting harassment.<\/p>\n

C) Ensure Fair Investigation<\/strong>-All complaints should be investigated impartially and confidentially. The ICC should be trained to handle them sensitively and resolve issues quickly to ensure justice<\/span> and accountability.<\/span><\/p>\n

D) Foster an Inclusive Culture-<\/strong>A culture of respect and inclusivity should be fostered by encouraging open discussions<\/span> about sexual harassment and supporting gender equality<\/p>\n

E) Support for Victims<\/strong>–Counseling<\/span> and psychological support<\/span> should be offered to employees who experience harassment at workplace.<\/p>\n

F)\u00a0 Monitor and Review<\/strong>-Frequent audits of the workplace<\/span> should be conducted to evaluate the effectiveness of policies and training. Feedback<\/span> should be used to make necessary improvements, and complaints should be monitored to identify and address ongoing issues.<\/p>\n

G) Self-defence Training<\/strong>\u00a0-Women should receive self-defense training, and schools should incorporate self-defense education for girls to empower them with the skills to protect themselves.<\/p>\n

3) Recommendations of the Justice Verma Committee on Sexual Harassment at Workplace<\/strong>–
\nA) Domestic workers<\/span> should be covered under the PoSH Act.<\/p>\n

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

C) It recommended removing the three-month deadline<\/span> for filing complaints, giving victims more time to report harassment without feeling rushed.<\/p>\n\n\n\n
Read More-The Hindu<\/a><\/p>\n

UPSC Syllabus- GS1- Issues related to Women<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

Sexual harassment of Women at the workplace is a form of gender discrimination that violates women\u2019s 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\u2019s professional growth and affecting… Continue reading Sexual Harassment of Women at Workplace: Issues and Challenges – Explained, Pointwise<\/span><\/a><\/p>\n","protected":false},"author":10374,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130],"tags":[],"class_list":["post-308360","post","type-post","status-publish","format-standard","hentry","category-7-pm","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/308360","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10374"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=308360"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/308360\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=308360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=308360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=308360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}