1

HARASSMENT OF WOMEN AT WORK PLACE

CHAPTER CONTENTS.

I
Introduction.

Research Problem.

Objectives of the study.

Hypothesis.
II
Literature review.

RESEARCH METHODOLOGY
III

Research design.

Universe of the study.

Sampling.

Collection of data.

Data Analysis.
IV
Findings.

Conclusions and suggestions.

Bibliography.

Appendix.
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INTRODUCTION

In the modern society, as women try to fight economic disparity with men, a new
form of crime emerges. That is sexual harassment at the work place. This offence is the
most glaring example of human rights violation, gender inequality and injustice. What
exactly is sexual harassment at work place? It is only recently that it has been recognized
that violations of women’s bodies may extend beyond the brutal instances of rape, to
other aspects of men’s conduct towards women. According to South East Region
Women’s Group, sexual harassment takes a multitude of forms which includes,1
“Comments about appearance/ body/ clothes; staring at a person’s body; sexist remarks or
jokes, unwelcome sexual invitations, promise or threats concerning employment
conditions in exchange for sexual favours; display of sexually explicit material, touching,
hugging even indecent assault or rape.” In Vishaka v. State of Rajasthan2, the Supreme
Court took note of the fact that the present Civil and Penal laws in India do not
adequately provide for specific protection of women from sexual harassment in work
places and till enactment of such legislations, the Supreme Court guide lines and norms
will be the law.

RESEARCH PROBLEM

This research is to find out whether women are harassed at

her work place, whether it is public or private. Also it is to find out,

whether the State Government had done any thing against the

harassment of women at her work place.

The question is not whether women have the right to bodily

integrity, as this right is already there under Article.213 of the Indian

Constitution, which guarantees the right to life and liberty to both men

and women. It is time to take decisive steps to curb this evil and make

the contemporary and future society a safe heaven for women.

1
Dr. Mamta Rao, Law Relating to Women and Children (2005), P. 138
2
1997 (6) SCC 241
3
No person shall be deprived of his life and personal liberty except according to ‘procedure established by
law’.
 3

According to official statistics of 1991, one women is molested every

26 minutes. These statistics came from reported cases, if the

unreported cases were to be included, it would be a matter of seconds

rather than minutes. Most cases are not reported by victims because

of various reasons such as family pressure, the manner of the police,

the unreasonable and unjust process of law, and the consequences

thereof. In instances where women have reported such illegal and

unwelcome behavior, there have been significant victories.

OBJECTIVES OF THE STUDY

I took this project under the following objectives.

To enquire whether there is harassment of women at work place.

Whether State Government had taken any steps to curb sexual

harassment of women at workplace.

To increase the awareness among public, especially working

women about sexual harassment and its remedy.

HYPOTHESIS

Women are being sexually harassed at her work place, both

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public and private.

The Government machinery is ineffective in curbing sexual

harassment of women at her work place.

The general public is unaware, especially working women,

about sexual harassment and its remedy.

CHAPTER - II
LETERATURE REVIEW

With more and more women coming out to complain about sexual harassment at the
workplace, feminist groups suggest severe punishments and compensation to combat the
situation. Sexual harassment of a female at the place of work is incompatible with dignity
and honour of a female and needs to be eliminated and there can be no compromise with
such violations.

Sexual harassment is a form of sex discrimination projected through unwelcome

sexual advances, request for sexual favours and other verbal or physical conduct with
sexual overtones whether directly or by implication, particularly when submission to or
rejection of such a conduct by the female employee was capable of being used for
effecting the employment of the female employee and unreasonably interfering with her
work performance and had the effect of creating an intimidating or hostile working
environment for her.

Any action of gesture, whether directly or by implication, aims at or has the

tendency to outrange the modesty of a female employee, must fall under the general
concept of the definition of sexual harassment.

CONSTITUTIONAL PROVISIONS
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The Constitution of India provides for the enforcement of fundamental rights of

working women under Articles 144, 195 and 216. It was by certain social activists and
NGOs who helped in finding the true concept of gender equality and to prevent sexual
harassment of working women in all workplaces through judicial process and to fill
vaccum in existing legislation. The Supreme Court of India in 1997 held that the
working women have rights to gender equality, to work with dignity and to a working
environment safe and protected from sexual harassment or abuse. Accordingly, the
Supreme Court issued guidelines and norms for
protection and enforcement of the rights of the women at their
workplaces. Further, the Supreme Court held that these guidelines
and norms must be strictly observed in all working places by
treating them as law declared under Article 141 of the
Constitution of India i.a., the law declared by the Supreme Court
shall be binding on all courts within the territory of India7.

PROVISIONS IN INDIAN PENAL CODE, 1860.

Sections 354 and 509 of the Indian Penal Code, 1860 deals with assault or criminal
force to woman with intent to outrage her modesty and the word, gesture or act intended
to insult the modesty of a woman. If there is any violations on women with regard to her
modesty, the above sections will strictly apply and criminal proceedings will follow
immediately on a complaint made to the nearest police station. The offences under
section 509 are cognizable and are non-bailable.

Sec.354: Assault or criminal force to woman with intent to outrage her modesty.
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which may be extend to two years or with
fine or with both.8

Sec 509: Word, gesture or act intended to insult the modesty of a woman. Whoever,
intending to insult the modesty of any woman, utters any word, makes any sound or
gesture, or exhibits any object, intending that such word or sound shall be heard, or that
such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which may extend to one
year; or with fine or with both.9

4
Equality before Law, “The state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.”
5
Clauses (a) to (g) of Art. 19(1) guarantee to the citizens of India six freedoms, viz., of ‘speech and
expression’, ‘peaceable assembly’ ‘association’, ‘free movement’, ‘residence’ and ‘practising any
profession and carrying on any business’.
6
No person shall be deprived of his life or personal liberty except according to ‘procedure established by
law’.
7
Prof. M P Jain, Indian Constitutional Law, (2006) P.279
8
B.M.Gandhi, Indian Penal Code, (2006), P.510
9
I.d, P.735
 6

WOMEN COMMISSIONS

Apart from this, if a woman faces any kind of sexual harassment at workplace can
directly make a complaint to the State Women Commissions or National Commission for
Women. The Women Commission will follow-up the complaints, informs to concerned
police stations to initiate criminal proceedings and directs the employer to conduct an
enquiry and recommend to suspend the concerned harasser with an immediate effect
pending enquiry.

The victim of sexual harassment can claim damages/compensation on concerned

harasser by way of filing a civil suit under civil jurisdiction.

CASE STUDY

The Supreme Court of India for the first time in Vishaka and others Vs. State of
Rajasthan and others,10 dealt with sexual harassment on women. The Supreme Court
made the definition of sexual harassment and laid down certain guidelines. It also
specified the duties of the employer, preventive steps, awareness of the rights of female
employees and workers initiative to curb sexual harassment at work place.

Supreme Court said that, it shall be the duty of the employer or other responsible
persons in workplaces or other institutions to prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.

For the purpose of definition of sexual harassment the

Supreme Court said that, the sexual harassment includes such
unwelcome sexually determined behaviour (whether directly or by
implication) as:
(a) physical contact and advances;
(b) a demand or request for sexual favours;
(c) sexually coloured remarks;
(d) showing pornography;
(e) any other unwelcome physical verbal or non-verbal conduct
of sexual nature;

The Supreme Court in absence of any enacted law to provide

for effective enforcement of basic human rights of gender equality
and guarantee against sexual harassement, laid down the following
guidelines:

All the employers in charge of workplace whether in the public or the private sector,
should take appropriate steps to prevent sexual harassement without prejudice to the
generality of his obligation, should take the following steps:
10
1997 (6) SCC 241
 7

Express prohibition of sexual harassment which includes physical contact and advances,
a demand or request for sexual favours, sexually coloured remarks, showing
pornographic or any other unwelcome physical, verbal/non-verbal conduct of sexual
nature should be noticed, published and circulated in appropriate ways.
The rules and regulations of government and public sector bodies relating to conduct and
discipline should include rules prohibiting sexual harassment and provide for appropriate
penalties in such rules against the offender.
Appropriate work conditions should be provided in respect of work leisure, health and
hygiene, to further ensure that there is no hostile environment towards women and no
women should have reasonable grounds to believe that she is disadvantaged in
connection with her employment.

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.

Victims of sexual harassment should have the option to

Seek transfer of the perpetrator or their own transfer.11

These guidelines are applicable to:

The employer or other responsible persons or other institutions to prevent sexual

harassment and to provide procedures for the resolution of complaints.
Women who either draw a regular salary, receive an honorarium, or work in a voluntary
capacity in the government, private or organized sector come under the purview of these
guidelines.

Preventive Steps:

Express prohibition of sexual harassment should be notified and circulated.

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

11
Supra n10, P.11
 8

women.12

Procedure pertaining to filing of complaints:

Employers must provide a Complaints Committee which is to

be headed by a woman, of which half members should be women.
Complaints Committee should also include an NGO or other Organization, which is
familiar with matters of sexual harassment.
Complaints procedure should be time bound.
Confidentiality of the complaints procedure has to be maintained.
Complainant or witnesses should not be victimized or discriminated against, while
dealing with complaints.

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.13

Miscellaneous Provisions:

Guidelines should be prominently notified to create awareness

as regards the rights of the female employees.
The employers should assist the persons affected, in cases of Sexual harassment by
outsiders or third parties.
Sexual harassment should be discussed at worker’s meetings,
employer-employee meetings and at other appropriate forums.
Both Central and State governments are required to adopt
Measures including legislations to ensure that private employers also observe these
guidelines.

The Supreme Court of India rendered yet another Judgment on sexual harassment in
AEPC Vs. A.K. Chopra14.

The chairman challenged the disciplinary committee order in Delhi High Court and
the harasser was successful on the ground that the chairman only 'tried to molest' but did
not 'in fact molest' the female employee. By shocking with the verdict, the company filed
appeal before the same High Court which was heard by Division Bench (two member
Bench). Interestingly, the Division Bench agreed with the findings of single judge and

12
Dr. S.C. Tripathi & Visha Arora, Law Relating to Women & Children, (2006), PP.22-25
13
Ibid.
14
1999 (1) SCC 759. The case is about a woman employee of Apparel Export Promotion Council, who
worked as the private secretary to A.K.Chopra, the Chairman of the company. She complained to the
personnel Director that the chairman was sexually harassing her. Despite her repeated protests, he was
making sexual advances by ‘trying to touch her’ and ‘sit close to her’. The company immediately
suspended him and ordered a departmental enquiry. The enquiry confirmed female employee’s position
that the chairman tried to touch her with a sexual motive and the chairman was dismissed from service.
 9

reiterated that the chairman not 'actually molested' the female employee.

As against the Judgment, the company once again filed an appeal in the Supreme
Court. One of the issues that was deliberated at length by this court was “whether
physical contact with the woman was an essential ingredient of a charge of sexual
harassment.”

The Supreme Court while setting aside the High Court and upholding the
dismissal of chairman held that:

a) The attempts by the superior to sit close to the female employee and touch her, though
unsuccessful, would amount to 'sexual
harassment'. The behaviour of the superior did not cease to be outrageous in the absence
of an actual assault by the superior.

b) In the context of a female employee the sexual harassment at the work place is a form
of sex discrimination which any be projected through unwelcome sexual advances,
request for sexual favours
and other verbal or physical conduct with sexual overtones,
whether directly or by implication. This would be particularly so
when submission or rejection of such conduct by the female
employee could be used to affect her employment by unreasonably
interfering with her work performance thereby, creating a hostile
working atmosphere for her.

c) Where the conduct of a superior towards his junior female employee was wholly
against moral sanctions and was offensive to her modesty, any lenient action would
demoralise working women.
Therefore, the punishment of dismissal from service was commensurate with the gravity
of the superior's behaviour.

d) Each incident of sexual harassment at workplace violates the fundamental right to

gender equality and the right to life and liberty guaranteed by the constitution of India.
The fundamental
right in the Constitution cover all facts of gender equality including
prevention of sexual harassment and abuse. The courts are under a
constitutional obligation to protect and preserve those rights.

e) International instruments15, cast an obligation on the Indian

Government to senitise its laws. The courts are under an obligation

15
Convention on Prevention of All forms of Discrimination Against Women,
Beijing Declaration on Women,
International Covenant on Economic, Social and Cultural Rights
 10

to see that this message is accepted and followed.

CODE OF CONDUCT FOR WORKPLACE BY NCW

Sexual harassment is a serious criminal offense which can destroy human

dignity and freedom. In an effort to promote the well being
of all woman employees at the work place the following code of conduct has been
prescribed :-

1. It shall be duty of the employer to prevent or deter the commission of any act of sexual
harassment at the work place.
2. Sexual harassment will include such unwelcome sexually determined behaviour by any
person either individually or in association with other persons or by any person in
authority whether directly or by implication such as :-
(i) Eve-teasing
(ii) Unsavoury remarks
(iii) Jokes causing or likely to cause awkwardness or embarrassment
(iv) Innuendos and taunts

(v) Gender based insults or sexist remarks

(vi) Unwelcome sexual overtone in any manner such as over telephone.
(vii) Touching or brusing against any part of the body and the like
(viii) Displaying pornographic or other offensive or derogatory pictures,
cartoons, pamphlets or sayings.
(ix) Forcible physical touch or molestation
(x) Physical confinement against ones will and any other act likely to violate ones privacy
and includes any act or conduct by a person in authority and belonging to one sex which
denies or would deny equal opportunity in pursuit of career development or otherwise
making the environment at the work place hostile or intimidating to person belonging to
the other sex, only on the ground of sex.

It is an amazing truth that years after an established tradition of Indian working

women their harassment at place of work is so common. There are
about 10 million women who have entered all fields from medicine to politics to
pioloting, yet nearly all faces the same problem.16

RIGHT AGAINST SEXUAL HARASSMENT

16
Shobna Saxena, Crime Against Women and Protective Laws, (1999), P.230
 11

One of the evils of the modern society is the Sexual harassment caused to the
women particularly the working women by their male counterparts and other members of
the society. There is no law in India, which is adequate to combat the evil of sexual
harassment. In Vishaka and others v. State of Rajasthan,17 a Public Interest Litigation
filed before the apex court emphasized the need for an effective legislation in India to
curb the sexual harassment of working women and held that each incident of sexual
harassment of women at the work place is a violation of the right of life under Article 21,
which implies right to dignity.18

SEXUAL HARASSMENT UNDER HUMAN RIGHTS

Sexual harassment and sex discrimination are considered to be violation of Human

Rights. All human rights derive from the dignity and worth inherent in the human person
and the human person is the cultural subject of Human Rights and Fundamental
Freedoms.

The United Nations Organisation (UNO), keeping with its charter to promote
and encourage respect of Human Rights and Fundamental Freedoms for all without
distinction, came out with an International Bill of Human Rights consisting of:

(a) Universal Declaration of Human Right, 1948.

(b) The International covenant on civil and Political Rights, 1966.
(c) The International covenant of Economic, Social and Cultural
Rights, 1966. and
(d) The Optional protocol, 1966 providing for the right of the
Individual to petition International Agencies. 19

The U.N.O. held that all human rights and fundamental

freedoms are indivisible and interdependent; equal attention and
urgent consideration should be given to the implementation,
promotion and protection of all human rights. The following are the
principles on which the above charters were introduced.

1) All Human beings, without distinction, have been brought within

the scope of human right instruments.
2) Equality of application without distinction of race, sex, language or
Religion, and
3) Emphasis on international co-operation for implementation.

17.
Supra n.10, P.11
18
AIR - FEB 2009 – Journal section
19
K.C.Joshi, International Law & Human Rights, (2006), PP.310-322
 12

Article 120, 221 and 722 of Universal Declaration of Human Rights, 1948 deals with
equality in dignity, rights and freedoms and equal protection against any discrimination.

Part II of Article 2 (2) and 3 of International covenant on Economic, Social and Cultural
Rights, 1966 also deals with discrimination of any kind and equal right of men and
women.

Article 2 (2): The State Parties to the present covenant undertake to guarantee that rights
enunciated in the present covenant will be exercised without discrimination of any kind
as to race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.23

Article 3: The State Parties to the present covenant undertake to ensure the equal right of
men and women to the enjoyment of all Economic, Social and Cultural Rights set forth in
the present covenant.24

20
All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.
21
Everyone is entitled to all the rights and freedoms ser forth in this declaration, without distinction of any
kind such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
22
All are entitled to equal protection against any discrimination in violation of this Declaration against
incitement to such discrimination.
23
Ian Brownlie, Guy S. Goodwin – Gill, Basic Documents on Human Rights, (2007), P.349
24
Ibid.
 13

CHAPTER - III
RESEARCH METHODOLOGY

RESEARCH DESIGN

Research Design is the way in which I did the study. The study is both a
combination of doctrinal and non doctrinal one. The doctrinal part deals with the detailed
study of case laws by the Supreme Court of India and also the guide lines put forward by
the Supreme Court. Presently there is no law dealing with sexual harassment of women
at work place. A draft bill has been put in Parliament in 2006 and has been given for the
recommendations of various women organizations.

Empirical study or Non Doctrinal study has been conducted in two ways, first by
having an Interview schedule for interviewing officials and secondly having a
questionnaire for collecting information from the working women.

UNIVERSE OF THE STUDY

The survey was conducted among working women, who are working both in
government offices and private offices which also include women working in Techno
Park, women working in shops, petrol pumps etc, in Thiruvananthapuram City.

SAMPLING
A sample has been selected for the study. The women working in
Thiruvananthapuram city has been taken as sample.

COLLECTION OF DATA
Data has been collected both from primary and secondary sources. Primary data
has been collected directly from women employees working both in government and
private work place and secondary data has been collected from the officials of Women’s
Commission and Abhaya.

TIME FRAME

As the time period allotted for my study is 3 months, the study is confined to
Thiruvananthapuram city and the women surveyed is confined to 100 including officials
of Women’s Commission and Abhaya.

DATA ANALYSIS
 14

An Empirical study has been conducted among different strata of women

working in Government and private employment which include, Techno Park,
Trivandrum and also women working in various shops and petrol pumps. The analysis of
data is given below.

1. During the survey 75% of working women held that there is Sexual harassment at
work place and 25%were of the opinion that there is no such harassment.

Diagram 1
 15

2. The response for whether they face any harassment at work place, 60% had faced
work place harassment and 40% never faced workplace harassment.
Diagram. 2

3. As the response for complaining about Sexual harassment, 12% complaint about
sexual harassment and 88% never complaint the matter.
Diagram 3.
 16

4. As the response in the matter of complaining about 78% where in favour of

complaining to Women’s Commission. Only 12% where in favour of complaining to
higher officials in their office and only 10% feels, it is apt to approach the police.
Diagram 4.
 17

5. The response for the awareness about guide lines and preventive measures put forward
by the Supreme Court in Vishak’s Case, about 95% where unaware of such rulings and
only 5% heard about it.
Diagram 5.
 18

6. As the response for trusting the authorities, when complaining they will take necessary
action, about 77% trust in the authorities and 23% where of the opinion that complaining
is of no use.
Diagram.6
 19

CHAPTER- IV
 20

FINDINGS

During the survey it is found that about 75% of women had faced the problem
of sexual harassment at work place, and 25% opined that there is no such harassment.
When enquired about incidents of personal experience of work place harassment, about
60% of working women faced the problem. Only 40% had opined that they had never
faced any such hardship.

When enquired whether they complained about sexual harassment in workplace,

only 12% complained about sexual harassment and remaining 88% never complained it.
When asked, if they face such problem to whom they want to approach, 78% held that
they will complain only to Women’s Commission, about 12 % held that they will
complain to senior officials, and only 10% where of the view that they will go to the
police.

When we came to awareness of women in matters of guidelines and preventive

measures put forward by Supreme Court in Vishaka’s case, only 5% heard about it and
95% where unaware of such rulings.

About 60% had trust and faith in the authorities in handling sexual harassment in work
place, only 20% opined that they do not trust the authorities.

From the survey it is clear that almost every working women face the problem of
work place sexual harassment. Another thing to note is that, they want Women
Commission to deal with this problem, they do not want the police to interfere in this.
Women are unaware of the guidelines or preventive measures by Supreme Court.
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CONCLUTIONS AND SUGGESTIONS

My study put light to the fact that women in this modern society are facing the
problem of sexual harassment at her work place. This problem is made to her by her
counterpart ‘Man’. In order to curb this evil we should train him from his childhood. We
should give opportunities for them to cooperate and mingle in every aspect of life. We
should not encourage separate schools or colleges for boys or girls. They should learn to
leave and work in an environment of equality and they should not feel the difference
between sexes. You feel this as an utopian idea, but we should strive for it.

In the above circumstances I would like to put forward the following suggestions.

1. It is impossible to have a women grievance cell in every office and to monitor its
working. So it is better to give Women’s Commission the sole power of dealing with
women’s grievance. It should be given good building, more power and qualified persons
in dealing with problem relating to women.

2. Police should not be allowed to investigate work place sexual harassment, because it
further leads to more harassment. Women’s Commission should be the sole agency
dealing with workplace sexual harassment.
3. Women should be given awareness about workplace harassment and also about
agencies dealing with these problems. Men were also given awareness about the
consequences of sexual harassment at work place.
 22

BIBLIOGRAPHY

BOOKS
Prof. M.P.Jain, (2006), Indian Constitutional Law, Wadhwa and Company
Nagpur, Publishers.
Dr. Mamta Rao, (2005), Law Relating to Women and Children.
K.C.Joshi, (2006), International Law & Human Rights, Eastern Book
Company.
B.M.Gandhi, (2006), Indian Penal Code.
Dr. S.C.Tripathi & Visha Arora, (2006), Law Relating to Women and
Children.
Shohna Saxena, (1999), Crime Against Women and Protective Laws.
A.N.Sen, (2005), Human Rights, Sri Sai Law Publications, Haryana.
P.M.Bakshi, (2009), The Constitution of India, Universal Law Publication
Co.Delhi.
Dr. U.Chandra, (2005), Human Rights, Allahabad Law Agency Publications,
Allahabad.
J.N.Pandey, (2009), The Constitutional Law of India, Central Law Agency,
Allahabad.