PIL - Conclusion

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CONCLUSION

The unfortunate reality when it comes to sexual harassment is that it is very much present and
growing. Often times it is people who hold positions of power and trust that are the
perpetrators of such acts. Due to this it is often times an unidentifiable threat, especially to
female employees. One of the reasons behind sexual harassment is the lack of knowledge and
sexual education inculcated in a good chunk of the population. In a lot of peoples’ minds,
what they construe as a sexual or romantic invitation, is often sexual harassment. To a good
chunk of the population, what is actually in reality sexual harassment, is considered to be a
normal part of interaction when a man is sexually attracted to a woman. It is not merely the
lack of proper education on the matter that leads to such thinking but also the portrayal of the
same in entertainment media although there seems to be downward trend in sexual
harassment being portrayed as flirtatious in present entertainment media. What needs to be
understood here is that there exists a difference between acceptable romantic interactions and
sexual harassment, the difference is the use of power which manifests itself in an aggressive
and vulgar manner. Sexual harassment is a crime wherein the harasser is often in a position of
power and uses the same aggressively to intimidate, abuse and degrade the victim.

In majority of the cases, sexual harassment is a manifestation of power relations where most
often a man or a person in a position of power exploits the same. The position of power
serves as a weapon to defile and degrade the victim. Harassers often get off on the power trip
in the situation.

In the survey conducted we see that survivors reported unwanted touching, lustful staring and
unwanted comments about appearance as the most common occurrences of sexual
harassment.

One of the biggest obstacles behind uncovering sexual harassment at the workplace or being
able to take appropriate action is the stigma that is attached with sexual harassment. Although
attitudes are changing for the better in the present day and age, there is still a good portion of
the population that resort to victim blaming and shaming. Unfortunately, in several
workplaces, a poor job is done conveying to the employees as to what is acceptable in an
interaction at the workplace. In the survey conducted, 12.6% of the respondents were unsure
as to if the interaction they had amounted to sexual harassment. This unawareness coupled
with the fear of authority and power in the hands of the harasser serves as a hindrance to
women from reporting instances of sexual harassment to the concerned authorities at the
workplace. It prevents women from taking the appropriate counter measures. Many a time the
harasser is well aware of this and it only fuels such a behaviour. Workplaces need to have a
proper redressal mechanism to address issues of sexual harassment and the same must be
made known to its employees in order that survivors may gather the courage to approach the
relevant authority to take measures. We observe that in the survey conducted that 12.4% of
the respondents indicated that their workplace had an ineffective policy on sexual harassment
and that an alarming 40.1% of the respondents were unsure as to the effectiveness of the
same.

The survey indicates that of the persons who had gone through the ordeal of sexual
harassment, 18% of them were unaware of what their options were and majority of them
chose to keep quite or confide in friends or relatives (36% and 38% respectively). This shows
that there is a poor job being done not only to make the general population aware as to what
can be done if one is sexually harassed but also indicates that several people don’t trust in the
existing system or don’t see pursuing the matter as worth the emotional burden it comes. The
survey indicates that of those who had been sexually harassed a good number of them chose
not to report because they felt that no one would believe them, or that they didn’t want to
relive the trauma or that they were scared that their family and friends might not look at them
the same. Of the responses received only 2% of the respondents approached the police.

When it comes to the workplace, we see that only 4% of the respondents had approached
Human Resources regarding the matter. Employers have a responsibility on their shoulders to
ensure that their workplace is free from sexual harassment. Organisations/ Institutions/
Workplaces must streamline and strengthen their strategies, plans and internal policies in line
with the Guidelines and Acts pertaining to sexual harassment. They must inform their
employees about the same and do right by these policies not only on paper but in spirit as
well

There are several preventive measures that can be adopted at a workplace to make it safer for
the people working there. An organisation can conduct a training or class of sorts pertaining
to what constitutes sexual harassment, especially all supervisors and managers, on a periodic
basis. It is important that workers and persons in positions of power understand the
implications of their actions and the resulting consequences. Managers and supervisors must
understand their obligations to maintain zero tolerance for harassment in the workplace.
Furthermore, an organisation can monitor emails and other electronic communication through
official channel, within legally acceptable limits, to scan for harassing content. Monitoring
employees’ behaviour will also be helpful at stopping inappropriate behaviour at the right
time.

Furthermore, it is necessary to ensure that when it comes to work-sponsored activities after


hours that a professional decorum is maintained and that supervisors and managers know
where to draw the line with employees in terms of tolerating off-colour jokes and other
offensive material.

It is also important that the process to submit a complaint be clearly defined, including a
process for situations where the direct supervisor may need to be bypassed, if necessary.
Workplaces must define clearly the consequences for such behaviour and take appropriate
action when harassing behaviour is discovered.
END MATTER

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