Women Harassment laws
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire.However, it is also not true that all cases of sexual harassment are such—where the accused is guilty of conceiving the intention of a sexual intercourse. But it also depends on each individual case and circumstances, because it may well be the case that the woman may also be at fault.
Studies find that sexual harassment is still endemic, often hidden, and present in all kinds of organizations. Yet, it is still not always viewed as a problem, which has to be systematically tackled.
Sexual harassment at the workplace has been one of the central concerns of the women’s movement in India since the 1980s. During the 1980s, militant action by the Forum Against Oppression of Women (Mumbai) against the sexual harassment of nurses in public and private hospitals by patients and their male relatives, ward-boys and other hospital staff; of air-hostesses by their colleagues and passengers; of teachers by their colleagues, principals and management representatives; of female employees by their male coworkers and managers; of PhD students by their guides and so on and so forth received a lukewarm response from the trade unions and adverse publicity in the media.The issue is of concern for both women and the employers as studies show that sexual harassment touches lives of nearly 40–60% of working women.
According to the official statistics of 1991, one woman is molested every 26 min. Most cases are not reported by victims because of various reasons such as family pressures, the manner of the police, the unreasonably long and unjust process and application of law; and the resulting consequences thereof
According to The Supreme Court definition, sexual harassment is any unwelcome sexually determined behavior, such as:-
- Physical contact.
- A demand or request for sexual favors.
- Sexually colored remarks.
- Showing pornography.
- Any other physical, verbal or nonverbal conduct of a sexual nature.
It is sexual harassment if a supervisor requests sexual favors from a junior in return for promotion or other benefits or threatens to sack for noncooperation. It is also sexual harassment for a boss to make intrusive inquiries into the private lives of employees, or persistently ask them out. It is sexual harassment for a group of workers to joke and snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass another person.
Combating attitudes
Patriarchal attitudes and values are the biggest challenge in implementation of any law concerning women in our society. Combating these attitudes of men and women and the personnel involved /responsible for implementation of laws and systems is most crucial in prevention of unwanted sexual behavior. Preventing and avoiding sexual harassment involves all levels of employees/persons in any organization—employees and colleagues, management and bodies like trade unions. Most importantly it requires for the employer to act before a problem occurs.The best way to prevent sexual harassment is to adopt a comprehensive sexual harassment policy. The aim is to ensure that sexual harassment does not occur and, where it does occur, to ensure that adequate procedures are readily available to deal with the problem and prevent its recurrence.
Existing Indian laws on sexual harassment
The best way to prevent sexual harassment is to adopt a comprehensive sexual harassment policy. The aim is to ensure that sexual harassment does not occur and, where it does occur, to ensure that adequate procedures are readily available to deal with the problem and prevent its recurrence.
Existing Indian laws on sexual harassment
Laws under Indian Penal Code (IPC)
| Section No: | Actions | Punishment: |
| 209 | Obscene acts and songs, to the annoyance of others like: Does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place | Imprisonment for a term up to 3 months or fine, or both. (Cognisable, bailable and triable offense) |
| 354 | Assault or use of criminal force on a woman with intent to outrage her modesty. | 2 years imprisonment or fine, or both |
| 376 | Rape | Imprisonment for life or 10 years and fine |
| 509 | Uttering any word or making any gesture intended to insult the modesty of a woman | Imprisonment for 1 year, or fine, or both. (Cognisable and bailable offense) |
| The Indecent Representation of Women (Prohibition) Act (1987) | Although it is not known to have been used in cases of sexual harassment, the provisions of this act have the potential to be used in two ways: If an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc., containing ‘indecent representation of women’; they are liable for a minimum sentence of 2 years A ‘hostile working environment’ type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been ‘indecent representation of women’ (such as the display of pornography) on the premises guilty of offenses under this act | Minimum sentence of 2 years |
No comments:
Post a Comment