CHAPTER-2

MEANING, DEFINITION AND CONCEPT OF SEXUAL

HARASSMENT OF WOMEN AT WORKPLACE
You can tell the condition of a nation by looking at the status of its women.

- Pandit Jawaharlal Nehru

2.1 General

Women are unique creation of god on this earth. They have great power of courage,
energy and leadership. Because of this, they played a vital role in each and every walk
of life be it social, religious or domestic. Both man and woman should be given equal
importance and should be treated equally because both are the creation of god. If this
balance is lost, it will be detrimental to the society. In ancient times, women are
regarded as Luxmai, Devi, Shakti and so on. But with the passage of time, the condition
of women kept on deteriorating and discriminated in every sphere of life. The balance
of equal importance, opportunity and equal treatment has not been mentioned in our
society. Despite of various laws in favour of women, they have been subjected to
various injustices. In India, an unjustifiable discrimination between male and female
has been continuing since pre historic times. Women are considered as chattels and
objects of sense gratification. She can do sacrifice, serve the man and even to commit
suicide for maintaining her picture. But women are always considered as symbol of
sincerity, efficiency, tolerance, patience in spite of this her success and satisfaction is
always controversial.

In India sexual harassment of women at workplace is a pressing problem. India is a

developing country and progress of the country demands that men and women should
work jointly and women shall take responsibilities outside their home also. This
demand increases the number of working women. But at the workplace women are not
safe. They are harassed by their colleague and supervisor. They face eve-teasing,
molestation and sexual harassment at their workplace.

13
Equality among sex has been recognised as a basic human right in all civilised nations.
This principle is also enshrined in the Indian Constitution in its Preamble, Fundamental
Rights (FRs), and Directive Principles of State Policies (DPSP) and Fundamental
Duties (FD). India also recognised various International Conventions and human rights
to secure equal rights of women and several national commissions have been set up by
the government to look into the matter related to women. Before 2013 amendment, the
mater of sexual harassment comes under Section 354 read with section 509 Indian
Penal Code, 1860. But now section 354A of Indian Penal Code is related to sexual
harassment and 2013 Act, related to sexual harassment at workplace. Most of working
women face sexual harassment by their owner, supervisor and by their male colleague
at the workplace.

Sexual harassment is an age old problem. But today, increasing participation of women
in all fields of work changes the social attitude towards women. The problem of sexual
harassment was first recognised in Vishaka Case in 1997. The Supreme Court issued
guidelines which will be followed until a legislative enactment has come. Now in 2013,
a special law for working women has been passed. This is a progressive step to stop
sexual harassment at workplaces. Thus, we can say that sexual harassment in any form
is unacceptable behaviour and will not be tolerated. This kind of act affects the progress
of the country.

2.2 Meaning of Sexual Harassment

Sexual harassment is any sexually oriented practice that endangers an individual‘s
continued employment, negatively affects his or her work performance, or undermines
his or her sense of personal dignity.11

Sexual harassment can manifest itself both physically and psychologically. In its milder
forms it can involve innuendo and inappropriate affectionate gesture. It can, however,
escalate to extreme behaviour amounting to attempted rape. Physically the recipient
may be the victim of pinching, grabbing, hugging, patting, leering brushing against and
touching. Psychological harassment can involve a relentless proposal of physical
11
Arjun P. Aggarwal, 2000, ―Sexual Harassment in the workplace‖. Toronto: Butterworths.

14
intimacy, beginning with subtle hints which may lead to overt requests for dates and
sexual favours.12‖

Sexual Harassment (SH) at workplace involves the use of authority by any person in
charge of the management or any individual by it to exploit the sexuality and sexual
identity of any subordinate employee to harass the women in any manner which
impairs or prevents the employee‘s full utilization of employment opportunities or
benefits.

Thus, sexual harassment means any unwelcome sexual advance or conduct on the
workplace or job that creates a hostile, intimidating or offensive working environment.
Any conduct of a sexual nature that makes an employee uncomfortable has the
potentials to be sexually harassed. And the courts including the Human Rights
Tribunal, worldwide have recognised a broad scope of conduct that may fall under the
definition of sexual harassment depending o the circumstances. Such conduct may be
verbal, non-verbal or physical. The International Labour Organisation has identified the
following most common forms of harassment at the workplaces:13

Verbal harassment

The verbal harassment includes-

i. Comments of sexual nature about figure, size, shape, body weight, unwelcome
remark and private life jokes.
ii. Graphic sexual description, chatting of sexual nature.
iii. Telephone calls with sexual tones.

Non-Verbal Harassment or Gestural Harassment

Gestures are the movement of the body, head, arms, face and eye that are expression of
an idea, opinion, emotion, following may constitute sexual harassment:

12
Secret Oppression: Sexual Harassment of working women by Constance Backhouse and Leach Cohen.
13
Ms. Kalindri ―Women as Victims of Sexual Harassment At Workplace‖ All India Reporter 2013,vol.
100 at page no. 162

15
 i. Looking a woman up and down (sexual looks such as leering and calling with
sexual tones),

ii. Licking lips or teeth, holding or eating food provocatively.

Visual Sexual Harassment

It includes showing pornography, nude poster, cartoon, sexually explicit picture,

dropping down pant in front of women‘s.14

Physical Sexual Harassment

It includes actual attempt for patting, kissing, touching or pinching in a sexual manner
and other physical attempt to sexual harassment at work place.

Psychological Sexual Harassment

It includes calling every day for work and retain her for excessive hours, and staring on
her face, neck, breast, eye and other part of the body and repeated unwanted invitation
for dinner, drinks and movies, proposal for sexual favour, requiring to wear saree, suit,
dress and to adopt suggestive hairstyle, lipstick etc.

In the present situation, all working women of any age, social status, physical
appearance, post and economic status, may face sexual harassment. The only difference
between the higher level working women and lower level working women is that the
women working at the bottom of economic level are subjected to the mere gross
expression of sexual harassment.15

2.3 Definition of Sexual Harassment of Women

Sexual Harassment is both a legal, sociological and psychological phenomenon. There
is no simple or universally accepted definition of sexual harassment. Different attempts
have been made to discuss the concept of sexual harassment from a different
perspective.

14
Dr. R.C. Srivastava, ―Sexual harassment of women at workplace" Labour Law Journal(LLJ) vol.III, at
p. 34 October. (2004).
15
Ibid at p.35

16
The term sexual harassment was coined in the 1970‘s by feminist activists, and their
conception of sexual harassment was socio-cultural.

According to Lin Farley, ―Sexual harassment means unsolicited nonreciprocal male

behaviour that asserts a woman‘s sex role over her function as a worker. It can be any
or all of the following: staring at, commenting on, or touching a woman‘s body,
requests for acquiescence in sexual behaviour; repeated no reciprocated propositions
for dates, demands for sexual intercourse and rape. These forms of male behaviour
frequently rely on superior male status in the culture, sheer numbers, or the threat of
higher rank at work to exact compliance or levy penalties for refusal.‖16‖

The United State Equal Employment Opportunity Commission, defines ―sexual

harassment as, ―unwelcome sexual advances, requests for sexual favours and other
verbal, non verbal or physical conduct of a sexual nature when submission to such
conduct is made either explicitly or implicitly a term or condition of an individual‘s
employment, submission to or rejection of such conduct by an individual is used as a
basis for employment decisions affecting such individual or such conduct has the
purpose or effect of unreasonably interfering with an individual‘s work performance or
creating a hostile, intimidating or offensive work environment.‖17‖

Generally, mostly view of sexual harassment as a case in which a supervisor creates a

hostile work environment by making sexual innuendoes and attempting to force
physical contact with an employee.18

The European Parliament and Council of the European Union adopted a Directive19
which defines the term ―sexual harassment‖as, where any form of unwanted verbal,
non verbal or any physical conduct of sexual nature occurs, with the purpose or effect

16
Lin Farely, Sexual shakedown: The Sexual Harassment of Women on the Job, 14-15(New York:
McGraw Hill, 1978).
17
US Equal Employment Opportunity Commission (EEOC), Guidelines on Discrimination Because of
Sex, 29 CFR1604, 11 (1985)
18
Women Worker‘s rights in India- Issues and Strategis
19
2002/73/EC, Article 2

17
of violating the dignity of a person, in particular when creating an intimidating,
degrading, hostile, humiliating or offensive environment.20‖

‗The Committee of the Convention on the Elimination of All Forms of Discrimination

against Women21‘ in January 1992 adopted General Recommendation No. 23, respect
of Art 11 giving clarification on sexual harassment as under:

―Sexual Harassment includes such unwelcome sexually determined behaviour as

physical contact and advances, sexually coloured remarks, showing pornography and
sexual demands whether by words or action. Such conduct can be humiliating and may
constitute a health and safety problem. It is discriminatory when the woman has
reasonable grounds to believe that her objection would disadvantage her in connection
with her employment, including recruiting, promotion or when it creates a hostile
working environment.‖22‖

The Supreme Court of India in a landmark judgment Vishaka v. State of Rajasthan23

has defined the term sexual harassment for the first time in the year 1997. The Supreme
Court relied on International Convention, particularly General Recommendation No. 23
of CEDAW Committee under Article 11 and formulated the following definition:

―Sexual Harassment includes such unwelcome sexually determined behaviour, whether

directly or by implication, as under:

a. Physical contract and advances.

b. A demand or request of sexual favours.
c. Showing pornography.
d. Sexually coloured remarks.

20
L268/15 Official journal of the European Communities,15 th October 2002
21
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
adopted by the United Nations General Assembly on 18 December 1979, and was subsequently ratified
in July 1993.
22
CEDAW, at para 18
23
AIR 1997 SC 3011

18
 e. Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.‖24‖

Where any of these acts are committed in circumstances under which the victim of such
conduct has a reasonable apprehension that in relation to the victim‘s employment or
work, whether she is drawing salary or honorarium or voluntary service, whether in
government, public or private enterprise, such conduct can be humiliating and may
constitute a health and safety problem, it amounts to sexual harassment in the
workplace. It is discriminatory for instance, when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her employment
or works including recruitment or promotion or when it creates a hostile works
environment. Adverse consequences might result if the victim does not give consent to
the conduct in question or raises any objection thereto.‖

This definition was formulated in the guidelines laid down by the Supreme Court in
Vishaka for the prevention and punishment of Sexual harassment at the workplace or
job. Subsequent decisions of the courts have adopted and explicated this definition, as
well as explained a no. of attendant aspects of the law relating to the Sexual
Harassment at the workplace.

Sexual Harassment at the Workplace is considered a violation of woman‘s right to

equality, life and liberty. It creates an insecure and hostile work environment, which
discourages women‘s participation in work, thereby adversely affecting their social and
economic empowerment and goal of inclusive growth.25‖

The definition of Sexual Harassment in the Act 201326, is fully understood by reading
sections 2(n) and 3(2) together as under:

―Sexual harassment includes any one or more of the following acts of behaviour
(whether directly or by implication) namely:

24
Ibid at 3016
25
Bill no.144 of 2010 presented before the lower house of Parliament on 18 th Nov. 2010, was the
precursor of the present 2013 Act. Statement of objects and reasons at para 1
26
The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013

19
 i. Physical contact and advances; or
ii. A demand or request for sexual favours; or
iii. Making sexually coloured remarks; or
iv. Showing pornography; or
v. Any other unwelcome physical, verbal or non verbal conduct of sexual
nature.‖27‖

Section 3(2) 28 of the Act further provides as:

The following are the circumstances, among others circumstances, if it occurs or is

present in relation to or connected with any act or behaviour of Sexual Harassment may
amount to sexual harassment.

i. Implied or explicit promise of preferential treatment in her employment.

ii. Implied or explicit threat of detrimental treatment in her employment.
iii. Humiliating treatment likely to affect her health and or safety.
iv. Implied or explicit threat about her present or future employment status.
v. Interferes with her work or creating an intimidating or offensive or hostile
work environment for her.‖

At last, we find that there are two basic elements to understand sexual harassment.

(i) It is any conduct which is sexual in nature.

(ii) It is unwelcome
a. Sexual Conduct

Sexual harassment includes conduct of sexual nature. Examples of such behaviour are
provided below though these in no way exemplify the full range of sexual harassment.

b. Physical Contract and Advances

Forms of Physical Sexual Harassment include a broad range of touching and physical
contract such as:

27
See section 2(n) of The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
28
The Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013

20
 i. Sexual assault, coercing sexual intercourse.
ii. Intentional pinching, brushing, touching against another body.
iii. Exclusively lengthy handshakes.
iv. Any physical conduct which is unwelcome.

In Rupan Deol Bajaj v. KPS Gill & Anr, 29 the perpetrator was found guilty for
repeatedly making inappropriate advances and slapping the complainant on her
posterior. This gesture covered within the meaning of section 354, 506, Indian Penal
Code, 1860 amounts to physical harassment.

c. Demand or Request for Sexual Favours

In the work context, this is behaviour in which a victim is made to submit herself to
sexual favours or advances over promises related to her employment such as work
conditions, promotion, higher pay otherwise quid pro quo sexual harassment that this
for that.

d. Sexually Coloured Remarks

The Act 2013 in its definition of sexual harassment at workplace includes the making
of sexually coloured remarks which are unwelcome. In a decision pre-dating the
enactment of law, the Madras High Court had the opportunity to examine the case of a
workman abusing a female co-employee.30 It found fault with the Labour Court treating
the incident as a trivial one, and reserved the award made in favour of the workman,
observing as follows:

Second, respondent not only had the audacity of abusing a co- worker, that took a
women employee by calling her as a prostitute and also slapped her on her face in the
presence of other employees. The said conduct can never be condoned by the court.31‖

The same High Court had occasion another case where a woman employee was abused
in filthy language in front of several workmen by the respondent-workman.

29
(1995) 6 SCC 194
30
The Management of Tamilnadu State Transport Corporation(Coimbatore Division II) Ltd. V. The
Presiding Officer, Labour Court, Salem, W.P. No. 15588 of 1998 dated 27/01/2009, Madras High Court
31
Ibid at para 15

21
Thus of all forms of sexual harassment, this is probably the most common experienced
by women but also the most controversial. Sexual jokes or comments about how to
someone looks, especially about parts of body or whistles and form of address like
‗honey‘, ‗sweet heart‘ etc.

e. Showing Pornography

The display of pornographic material with a woman employee as the target is obviously
discriminatory and offensive. Pornography on a wall or desk of an employee
communicates a message about employer‘s view. The display of sexually explicit
material is a common occurrence in both the formal and informal sectors. Sometimes
working women receive material on their desk with sexually explicit words or pictures
and photographs or calendar of nude or semi nude women are freely on display in
offices spaces. This kind of display conveys the message that women are sexual objects
intended for sexual gratification, a message which often creates discomfort for both
men and women working in the office. The effects of such display are to embarrass and
isolate women.

f. Unwelcomeness of the Conduct

Under Indian Law, although the concept of ‗reasonableness‘ with regard to sexual
harassment at the workplace has not been adjudicated, the ‗unwelcome‘ nature of the
conduct is a definite part of the definition. The Vishaka guidelines define sexual
harassment as ―unwelcome sexually determined behaviour‖ and ―unwelcome physical,
verbal, or non verbal conduct of sexual nature‖. Similarly, the 2013 Act defines sexual
harassment as ―unwelcome acts or behaviour (whether directly or by implication)‖, and
―unwelcome physical, verbal or non-verbal conduct of sexual nature‖.

International best practice recognises the need to ensure that in case of sexual
harassment at the workplace, the perception of whether a particular behaviour is
unwelcome or objectionable or inappropriate is from the subjective standpoint of the
woman aggrieved. Failure to recognise this important element of the law may open the
door to all manner of interpretations of what is unwelcome or welcome in a particular
fact situation, putting enormous pressure upon the complaining woman to demonstrably

22
prove that the advances were actively repudiated by her. A victim of sexual harassment
may verbally express to the perpetrator that the conduct is unwelcome, or this may be
implied by the victim‘s behaviour.32

g. Phrase ―sexually determined behaviour‖

The Vishaka guidelines defines sexual harassment as including various type of

unwelcome ―sexually determined behaviour‖ while 2013 Act refers to ―conduct of
sexual nature‖. In some jurisdictions the law has evolved from viewing sexual
harassment at the workplace as a civil sexual offence to viewing it as a gender based
wrong. This development extend the definition of sexual harassment law to include
conduct that disadvantages a person at the workplace by being derogatory or offensive
to their gender, even if conduct does not have sexual overtones. For instance, in Harris,
the perpetrator made comments such as: ―you‘re a woman, what do you know‖, ―we
need a man as the rental manager‖, and ―dumb as woman‖. In Faragher, supervisors
stated they would ―never promote a woman to rank of lieutenant‖.

Thus, the Phrase ―sexually determined behaviour‖ has to be interpreted to include not
just behaviour that has sexual overtones or content, but also behaviour that is offensive
or humiliating in a gender related manner.33

h. Conduct of Sexual Nature

The conduct of sexual nature may be: 34

Physical contact or advances;

Touching , pinching, grabbing, holding, rubbing up against etc;
Sexual assault
Coming and sitting in the hotel room and drinking when out of conferences;
Creating scenes in public;
Following you;

32
Indira Jaising, Sexual harassment at the workplace 35-36 ( second edi. 2014).
33
See Vishaka v. State of Rajasthan, 1997, 6 SCC 241.
34
Manisha Mishra,,Law on Protection against sexual Harassment of women at Workplace 450 (first
edi.2017).

23
 Forcibly entering public transport;
Forcing one to smoke;
Cornering, trapping or blocking a person‘s pathways;
Locking the door while discussing the work;
Landing up at the residence every Sunday;
Making it difficult for a woman to come to the office;
Asking the woman to dress in particular way;
Opening belt after eating;
Sitting in an obscene manner;
Leering or staring at another‘s body and/or sexually suggestive gesturing;
Stalking;
Excessively lengthy handshakes;
Display of pornographic material or sexual explicit written material;
Derogatory remarks about woman devaluing their work;
Spreading rumours;
Use of sexually coloured remarks or jokes etc.

2.4 Kinds Sexual Harassment of Women

Sexual harassment can chiefly be classified into two categories:

2.4.1 Quid-pro-quo
2.4.2 Hostile Environment harassment.

2.4.1 Quid-Pro-Quo

This is Latin term which means something for something. This type of harassment has
been accepted as part of the law in India since Vishaka, and at that time it finds
reflection in section 3(2) of the 2013 Act. Quid-pro-quo sexual harassment consists of
two elements which are:

i. A demand for sexual favour, and

ii. The threat of adverse job consequences if the demand is refused.

24
This is when the employer is in a position to create adverse job consequences for the
women. Thus we can say that here such person is in a position of authority over the
victim. For example, saying, ―If you sleep with me, yours works will be done‖. This
also occurs when an employee‘s submission to unwelcome sexual conduct becomes an
explicit condition of employment, or when personal actions such as promotion and
transfers are determined on the basis of an employee & response to such conduct.

Although a Quid-pro-quo sexual harassment situation may also exist vis-à-vis a

colleague of the same works, for example, where works evaluation takes into account
comments from co-workers, or when a co-worker makes a sexual demands a condition
for co-operating on a team project.35 ―Adverse works consequences may be tangible
such as firing, hiring and failing to promote, reassignment with significantly different
responsibilities, a decision to cause a significant change in benefits, a demotion
evidenced by a decrease in wage or salary a less distinguished title, a material loss of
benefits and significantly diminished material responsibilities.‖

If a plaintiff in a sexual harassment case is able to establish each of the above elements,
the burden of proof otherwise shifts to employer. If the employer is able to provide a
legitimate reason for its acts, the employee must then establish that the reasons
provided by the employer are not real reasons for the employment decisions are merely
a pretext for unlawful discrimination.‖

Remedies for victims of quid-pro-quo sexual harassment may include recovery of

compensatory damages such as medical expenses, future economic loss, loss of
enjoyment of life and back pay. Punitive damages may also be awarded to successful
claimants.

2.4.2 Hostile Environment Harassment

The phrase ―Hostile Environment Harassment‖ is found in Article 2 of the Vishaka

guidelines. In Apparel Export Promotion Council v. A.K. Chopra36 the Indian Supreme
Court relied on the guidelines to determine whether the perpetrator‘s conduct had

35
Supra no 32 at p. 17.
36
(1999) 1 SCC 759

25
created an ―intimidating and hostile work environment‖. The court cited the guidelines
reference to hostile working environment as one of the reasons for reversing the High
Court‘s finding that there had been no sexual harassment. Although the phrase ―Hostile
work Environment‖ is not defined in either decision of the Supreme Court, it now finds
statutory reflection under section 2(n) read with section 3(2) of that 2013 Act.

The words ―unwelcome sexually determined behaviour‖ are not explained in the
definition of Sexual Harassment at Workplace defined in 2013 Act, they are qualified
by the phrase ―directly or by implication‖ in Article 2 of the Vishaka guidelines as well
as in section 2(n) of 2013 Act. This means that conduct may constitute Sexual
Harassment even if it comprises acts or words that, though innocent in them, have
sexual overtones. Examples of experiences that a woman working in India may
encounter are: comments about her fairness or other physical features, questions about
whether she drink or smokes, questions about whether she dates, men sitting or
standing so close to her that there is or might be physical contact, men brushing against
her breasts while ostensibly reaching out for a pen or glass of water, or men necessarily
touching her while emphasizing a point in conversation.

According to Article 2 of the Vishaka guidelines and the 2013 Act , attempted physical
contact constitutes sexual harassment, it is not necessary for there to have been actual
physical contact. This is evinced by the phrase ―physical contact and advances‖ in the
guidelines and section 2 (n) (i). Furthermore this position was taken by the Supreme
Court in its reversal of the High Court‘s ruling in Apparel Export. The High Court had
found that there was no sexual harassment as the perpetrator had not managed to make
any physical contact with the complainant, he had merely ‗tried to molest her‘ by
sitting to close and making suggestive comments. However, the Supreme Court held
that even assuming there had not been any physical contact, the conduct was still
unlawful because the perpetrator had made objectionable overtures with sexual
overtones.

26
In R.B.S. Chauhan v. Reserve Bank of India & Others 37 the petitioner and complainant
were deputed to visit Agra and Mathura for inspection of currency chest. During this
visit both stayed in same hotel but in different rooms. At about 9 P.M. the petitioner
rang the bell of complainant‘s room and when she opened the door, the petitioner said
that he wanted to talk to her urgently. Entering in her room, he demanded dinner. After
taking dinner he refused to go back to his room and said, ―I am alone, you are alone, we
can enjoy.‖ Justice M Katju said that the petitioner‘s remarks were clearly outrageous
and had sexual overtones; the conduct of petitioner is deplorable and cannot be
condoned.

To establish a prime facie case of sexual harassment based on a hostile work

environment, a plaintiff must show that:

i. The plaintiff belongs to a protected class.

ii. The harassment was based on sex.
iii. Plaintiff was subjected to unwelcome sexual harassment.
iv. The employer knew or should have known the conduct was occurring.
v. The harassment affected a term, condition, or privilege of employment.38

2.5 Nexus between the Sexual Harassment and the Employment

Acts of ―unwelcome sexually determined behaviour‖ are said to be harassing when

they are humiliating and may constitute a safety and health problem ―in relation to the
victim‘s employment or work‖. This means the complainant has to prove a nexus
between the acts of harassment and her employment. The fact that the humiliating
conducts took place in the workplace or while the complainant was engaged in a work-
related activity, or the fact that the sexually harassing acts were perpetrated by a person
with whom the complainant had to frequently interact at the workplace, would be
sufficient to establish the relationship of the conduct to the employment.39

37
2003 (97 ) FLR 359
38
Cram V. Lamson & Sessions Co. 49 F. 3d 466, 473 (8 th Cir 1995).
39
Indira Jai Singh, Sexual harassment at the workplace 27( first Edition. 2004).

27
2.6 Causes or Reasons of Sexual Harassment

Our society is against daughters. A daughter's birth is causes for great sadness and
disappointment. Our society is patriarchal society. Indian people feel that they will
achieve Moksha, through their sons only. They think that 'Bringing up a girl like as
watering a neighbour's plant, show the feeling of wasted expenditure on raising a
daughter. This discriminative thought is responsible for crime against women. But
today women come out of their homes and faced many problems during this period i.e.
at their workplace. The attitude of men towards women at workplace is not good.
When the women went out of their home to work, they felt a new kind of humiliation
by their counterpart called ‗Sexual Harassment‘. If there are problems, there must be
some causes. Because everything that spreads has some base on which it grows. The
reasons for growing of the problems are:

2.6.1 Social and Cultural Factors

The most important contributing factor that leads to sexual harassment is our social
norms. The subordinating position of women in society is both determined and
maintained by constricting set of values and customs, which work against their
emancipation. In India women are considered as sex objects and inferior to men. Our
Indian society has patriarchal structure. In this structure men think that woman is not
their equal and they treat her in a denigrating manner as an object. In our cultural
system, our social values, customs and institutional arrangements directly affect
women. There is also gender-bias and beliefs like men are stronger and wiser. Women
are treated pieces of face value only. There is dominance of male over female. A
woman is weak in physical force, always subjected to physical and sexual assault of
man. This evolving social reality is nowhere more apparent than in the workplace. In
increasing numbers, women are seeking employment in the traditional male sphere of
work. As a result, men and women have to learn new ways to relating to one another,
as equal co-workers. This process of change creates tension that can take the form of
sexual harassment. Uncomfortable with their new roles, men and women can slip back
into old forms of behaviour that deny women the respect and dignity they deserve.

28
Sexual harassment is not an expression of sexuality; is an assertion of power in a
situation of unequal power relations. Whether it takes the form of physical molestation,
verbal comments or jokes of a sexual nature, mental disrespect for a women working
ability, or systematic discrimination the result is the same; it undermines women‘s
professionalism and their right to a respectful working environment.

Women are considered fit for household work and for producing and caring children
only. If they come out of their home for work, the Indian men think low because they
think women are made for house only and it creates shameful environment of men.
There is strong need for social behaviour in favour of women, a movement for
empowerment of women CEDAW and the Criminal Amendment Act, 2013 are good
steps for favour of women.

2.6.2 Religious Inequality

Every religion believes that everything is the creation of God. Every religion preaches
love, kindness and mercy for every living being. Notwithstanding this fact, religious
books and scriptures of every religion contain some elements, which are degrading and
discriminatory in nature. People follow these norms in the name of religion.

In our society position of women changes time to time. In vedic period the position of
women was glorious. They enjoyed freedom and equality. The man was not competent
to perform religious duties without his wife. But in post vedic period the position of
women had changed. The great Hindu law giver Manu says a lot about women and her
status. According to him ‗Pitha Rakshathi Knowmare Bhartha Raskhathi Yowane
Rakshanthi Sthavire Puthra Nasthri Swathanthra Harhathi‘40 which means a woman is
protected by her father in her childhood, by husband in her youthful days i.e. after
marriage and by children in old age. Thus a woman is not eligible to stay free and
independent. In medieval period position of women position of women underwent
enormous negative changes. Islam also gave equal status to man and woman. But it too
adopted discriminatory attitude towards her by disallowing her from being appointed as
Imam or Kazi.

40
See Manusmriti, chapter 9, Aphorism 3.

29
Indian people are greatly influenced by the norms, customs in the name of religion.
Such bias attitude of religion itself becomes a cause to beget and sustain gender bias
and violence against women.

2.6.3 Economic Inequality

A contributing factor to crime against women is economic inequality between men and
women. In Indian society, majority of women are dependent on men for financial
support. Before marriage they depend their father and after marriage they depend on
their husband for financial assistance. Women will do their household work only for
this they are not paid. They are poorly paid in private sector. But, in reality, there is no
economic inequality between men and women at Global level, like public and private
sector. But there is economic inequality in villages. Women are harassed by their
superior at their workplace. There is reason behind that there is majority of men at
workplace and they thought they are superior to women.

2.6.4 Low Literacy and Poverty

The major reasons, which are responsible for the low status of women in our society,
are low literacy and poverty among women. Illiteracy and poverty among women
makes them vulnerable to all sorts of discrimination and exploitation. "In democratic
society where all citizens have to discharge their civil and social obligations,
differences which may lead to variations in the standard of intellectual development
achieved by boys and girls cannot be envisaged."41

Low education has a major role in Sexual Harassment of poor female workers. In rural
areas and weaker sections of the society, the rate of female illiteracy is alarmingly high.
In these areas, the girl's are withdrawn from school in early age for doing household
work. Rural working women are paid fewer wages, because they are ignorant of the
basic law.

41
See report on the secondary Education Commission, Govt. Of India, 1953, Chapter IV

30
2.6.5 Legal Obstacles and Lack of Awareness

The Indian law is not adequate to give protection to the suppressed women. Our
preamble of the Indian constitution talks about Secularism, but in reality we are not
secular. The personal laws of Hindus, Muslim, and Christians etc. directly affect
women's status. Thus we can say that our existing legal system has a tilt towards
patriarchal system despite equality among every citizen in our constitution. Today, a
particular law has been passed for working women but there is also violence against
women at workplace.

Some respondent were not aware of the Supreme Court guidelines and the law relating
to sexual harassment at workplace. And several women argued that a complaints
committee was unlikely to be impartial, that it would merely as a formality, that it was
likely to contain individuals who would dismiss charges of harassment if the
perpetrator was an influential person and that committee proceeding would
discriminate against the complainant.

In short, a range of obstacles inhibits women from lodging a formal complaint. Many
of these obstacles reflect the society‘s tendency to blame women for provoking sexual
harassment, but far more reflect an acknowledgement of their relatively powerless
position with the workplace.42

2.6.6 Impact of Media or Role of Media

In the battle of equal status and fair treatment of women an important role is generally
attributed to the mass media and in particular television has become a main part of life,
in a developed and developing countries. But today, the presentation of women on
television is contradictory in reality. Television is the most popular medium of
communication these days. Women are treated as sex commodities. There is also an
increasing trend of watching third class movies and music. The films songs like, "Tu
cheeze badi h mast-mast' and 'kya cheeze ho tum tumko abhi malum nahi hai" shows
the women as a cheeze i.e. object. This shows, people think women as a cheeze i.e. an

42
Supra no. 34 at p.269-270.

31
object for enjoyment. Provocative projection of women by media is a contributing
factor in increasing crimes against women. Televisions, computer pornography/internet
are affecting the women status in negative way by use of negative things.

2.6.7 Non-Reporting of Cases or Victim‟s Silence

The victim's silence is a reason for sexual harassment not only home but also at
workplace. Women have been conditioned to believe that they should prepare mentally
to face such type of incidents and not to make a big deal of it. For many years, sexual
harassment at workplace has been due to workplace hierarchy, women are reluctant to
come out openly and complain against sexual harassment for a number of reasons. The
social behaviour of society is that women are hand maiden of males. They feel that
they are responsible for what has happened to them.

To understand why women do not complain we have to look into what happens to a
woman when she complains. The following perhaps explain the reasons behind silence
and inaction on the part of the harassed women;43

2.6.7.1 Fear of Stigma

An overwhelming number of women clearly identify social stigma as the major

obstacle in lodging complaints. For example, generally when you don‘t respond to man
passes, they spread rumours that they were having an affair. Then the woman feels so
depressed and humiliation which further prevents her from complaining.

They think that if they complain against sexual harassment, the respect and dignity of
women and their family are challenged. She always has a fear of non acceptance by the
society after making complaint. Respect, dignity and fear of non acceptance by the
society prevent a woman from reporting such type of incidents.

2.6.7.2 Fear of Reprisal

Many women cite the fear of job security, promotion or the adverse effect on career for
reporting of sexual harassment cases. Very often, it is said that when a woman lodges a

43
Hunny Matiyani, ―Sexual Harassment At Workplaces: A Menace In The Society‖ The Indian Journal
of Criminology & Criminialistic, volume no. XXVII, issue no. 3, Sep. to Dec. 2006, p.45.

32
complaint of sexual harassment with the management, the woman instead of looking
into her problem, retaliates by maligning her as an inefficient and incompetent worker.

2.6.7.3 Lack of Support from Colleagues

The sense of solidarity in the workplaces seems very poor when it relates to sexual
harassment of women colleagues. The management often intimidates colleagues, who
wish to support harassed women. The threats can range from transfer to delay in
sanctioning of loans or clearance of retirement benefits and so on.

At last we can say that social behaviour, fear of losing job, lack of awareness, lack of
official support, fear of stress and strain, fear of media, difficulties in proving the crime
and social pressure are main reason for non-reporting of the offences. Women can save
themselves by reporting such type of sexual harassment/assault. Thus, the silence/non-
reporting of victims cause again incidents of sexual harassment at workplace.

2.6.8 Other Factors

The cases of sexual harassment of woman at workplace are increasing day by day.
Beside the above mentioned factors, several other factors are also responsible for
increasing sexual harassment at workplace which are:

i. No heavy punishment for such offences.

ii. Political and family pressure.
iii. Lack of respect for women and women's integrity.
iv. Increasing number of working woman.
v. Poor and polluted family atmosphere.
vi. More talks on feminism and masculinise than on humanism.
2.7 Sexual Harassment – Effects

Sexual harassment at workplaces is likely to have a wide variety of ramifications, both

on the individuals involved and on the organizations as well. It is important to identify
negative effects of sexual harassment. The effect of Sexual harassment on victims
varies from one to another. Sexual harassment is exploitative and unprofessional
behaviour. It constitutes economic coercion and threatens women‘s economic

33
livelihood. It also depends on the kind of sexual harassment behaviour and nature and
emotional response of the victim. It promotes an intimidating, hostile or offensive work
environment and can hurt the reputation of both accused and the victim. It is improper
use of power to extort sexual gratification and consists of misperception or
misunderstanding of a person‘s intentions. It reflects a power relationship, male over
female. People even do not let their effects to do the jobs of stenos, secretaries etc. for
the reason the boss will make a complementary sexual remark to a secretary and then
asking her to stay late to finish a report. If something like problem of sexual harassment
spreads it affects many sexual harassment at the workplace can have cumulative effects
on the whole organisation, as its impact on individual women is multiple and all ads up
to losses for the organisation as a whole. Sexual harassment at workplace not only
affects the victims but also affects the employer also. Now we considered here
separately the effects on victims and effects on employer.

2.7.1 Effects on victims44

Effects on victims can be emotional, psychological and physical. It depends on the

circumstances of the incidents.

2.7.1.1 At Emotional Level it includes:

Revulsion,
Anger,
Disgust,
Fear,
Shame,
Guilt,
Confusion, and
Powerlessness etc.

2.7.1.2 At Psychological Level it includes:

Reactions due to stress,

44
Women workers‘ Rights in India-Issues and Strategies

34
 Anxiety,
Depression,
Feelings of low,
self esteem etc.

2.7.1.3 At Physical Level

Sleeplessness,
Headaches,
High blood pressure,
Insomnia,
Fatigue etc.
2.7.1.4 Other effects
Those who become ill, or who avoid work because of repeated harassment take
time off, reducing efficiency and imposing costs on the employer through sick
pay and medical insurance payments. While at work, victims are likely to be
less productive and less motivated because they simply do not enjoy being at
work. Therefore the quality and quantity of their work decreases, having a
cumulative effect on the organisation.
She feels being trapped. She feared being called on the phone in the early
morning, having her home watched or being followed in a car. Concentration,
motivation, work performance and attendance were adversely affected and self
esteem declined.
Resignation or dismissal, fear of loss of job or unwanted transfer.
Missing out on training or promotions.
Damaging career prospects, loss of service related benefits and privileges.
An extremely serious consequence of sexual harassment is suicide. Cultural
norms that brand women who are sexually harassed as having brought it upon

35
 themselves, label the women victims as ‗loose or tainted‘. The shame of having
to live with this stigma is reason enough for some women to commit suicide.45

In brief we can say that in most cases women feel raped-psychologically. They go
through post rape trauma-a drop in self esteem and confidence, nervousness,
humiliation, and guilt that they were somehow ‗responsible‘. Scandals about the
victim‘s character often misrepresent her as the wrong doer. Where sexual harassment
makes an employee‘s working life sufficiently unpleasant, unless there is effective
redress her most common reaction will be to seek new employment. Under
performance is a frequent excuse used to persecute a woman employee who rebuffs
sexual advances. Sexual harassment occurs when the offending behaviour affects an
employee‘s job performance, mental or physical health, or job satisfaction. Any
particular behaviour is harassment when it leads to negative consequences for the
worker or puts members of that worker‘s group – in this case, women at a disadvantage
relative to other groups that is men.

As a whole, sexual harassment at workplace serve as a hidden occupational hazard and

it also women‘s personal lives in the form of physical and emotional illness and
disruption of marriage or other relationships with men. A woman stated that her
powerlessness in dealing with harassment made her regret being born a woman.46

2.7.2 Effects on Employer

More generally, it is recognised that it is not good management to permit a working

environment which allows sexual harassment. Good mangers know that it is in the long
term interest of the enterprise to make sure that their employees are treated with
dignity.

For an employer, in addition to sick pay and medical insurance as pointed out earlier,
consequence also include reduced efficiency and increased costs. Less productivity and
low motivation of affected women will result in poorer work performance. Costs of
recruiting and training new people may also emerge as additional costs, especially

45
ibid
46
Supra n.29 at p.46.

36
where an employer has failed to undertake any effective invention. According to the
commission of European communities therefore, in pure economic terms preventing
sexual harassment will save more money than the cost of permitting sexual harassment
to continue.

In sum, for employees, sexual harassment can result:

Lower productivity and employee morale

Increased costs for hiring and training of new employees.
High legal costs and fines
Poor public image
2.7.3 Underreporting of Incidents

Often women suffer and restrain form reporting harassment due to the following
reason:

i. Action against the harasser would result in further harassment or violence either
of their person or to the family.
ii. Any harassed person may lose the workplace or job related experiences such as
training or feels the only solution is to resign from the job. Few are subjected to
unfavourable conditions of work and dismissals because of protesting against
the harassment.
iii. Long drawn-out legal battles further would take an economic and mental roll on
the aggrieved.
iv. Lack of power vis-a-vis the harasser.
v. Lack of awareness about sexual harassment.
vi. Lack of awareness about ―what to do‖ about sexual harassment.
vii. A major reason that inhibits reporting of such case that evidence is very difficult
together.

Remark are generally made when two persons are present. In such cases, legal advisors
look at past and present performance appraisals to determine patterns of victimisation.
Any memo or handwritten notes and letters reflecting less than professional approaches

37
are also admissible in court. Settlements offered by the management are often loaded in
favour of the perpetrators.

2.8 Historical Perspective

In India, the history speaks that women considered as a divine force but the multi
cultured Indian society placed the women at different position. Thus, there is no
uniform status of women in the Indian society. Women have a unique position in every
society whether developed, developing or underdeveloped. Civilization showed that the
overall upliftment of women positions. The Indian philosophy poses the women with
dual character. On the one hand she is considered futile, patient and benevolent but on
the other hand she is considered aggressor and represent Shakti. With the change in the
fabric of society, role of women has also changed considerably. However the change is
not easy. Millions of women find their workplace polluted by the acts of sexual
harassment. In reality, the nature has helped the man to dominate over the weaker
sections of the society. Other factors are also responsible for diminish/demolish the
weaker sections especially to women. History speaks the truth how women positions
changed time to time and who are responsible for these changes. Several enactments
have been passed in India and at International level to bring about changes in the status
of women and to eradicate crime against women, but in reality we have not yet
achieved the desired result.

2.8.1 Position of Women before Independence

To study the position of women before the independence period, it is necessary to

discuss the position of women during the Vedic period, post period and medieval
period. In ancient times, the Indian woman was described at various places differently.
She was worshipped as goddess like Luxmi, Parvati, and Saraswati. The other
characters like Savitri, Sita, Draupadi are also on the scenario, who are example of best
counter of man‘s life. Now we will discuss in brief the status of women in ancient
times.

38
Vedic Period

The position of women during the Vedic period was glorious on account of freedom
and equality. During this period the women participated in every walk of life. The
women studied in Gurukuls and enjoyed liberty in every sphere. The great woman like
Apla, Visvara, Yamini and Gargi etc. stole the limelight and become from front runners
in the society. These great women acquired efficiency in art, music and even war. In
Upnishad the wife has been regarded as a true companion of husband. In Rig-Veda, the
wife has been blessed to live as a queen in the husband‘s house. This shows a high
status of women. The man was not religiously competent to perform religious duties
without his wife. There was no prohibition in the remarriage of the widows and also no
discrimination between a boy a girl. As a result girls were permitted to undergo thread
ceremony.47 At this time, the women had a place of honour in the society and allowed
to participate freely in every social activity and free to select their life partner.

Post Vedic Period

The higher status and freedom of women curtailed in the time of Atharvana Veda.
People started prayers to avoid daughter‘s birth. The importance of son was at high
level. During this period, the women had suffered drastic hardships and restrictions as
propounded by Manu. He attended to set up male dominated society i.e. dominance of
male over female. The birth of a girl child was treated as a disaster for the family. Girls
were denied access to education. It is fact that after the Rig-Veda age, women are
treated like a chattel of man. In Mahabharata Draupadi was given away like any other
material object in the gambling. The modesty of women was in question and even the
eldest members of the family like Bhisma Pitamaha did nothing to save Draupadi from
the foul and shameful action. On the other hand Ravana was more considerate about the
honour of woman. It is revealed in Ramayana that Ravana could have forced Sita to
submit to his lustful desire but he wanted Sita to give herself of her free will. Therefore,
it seems that, since the days of Mahabharat, our woman status has been progressively
deteriorating.

47
S.C. Tripathi, Law relating to women and children 1(second edition, 2006).

39
On the other hand Manu believed that where the women are respected, there all deities
are pleased and where they are dishonoured there are all religious activities become
fruitless. Surprisingly, in post vedic period the women‘s right to property was
recognised and the concept of stridhan prevailed.

Medieval Period

The women‘s position was further degraded during the medieval period with invasion
of India by Alexander and the Huns. Women were deprived of education of
participation in community affairs. The system of Devdasi and polygamy had also
spread widely in countryside. During this period social evils like child marriage, sati,
female infanticide mushroomed extensively. Thus, during the medieval period the
women were exploited in every sphere. In Mughal period, the women place was home.
They were kept in purdha. According to Islam, men were allowed to have four wives at
a time. She was allowed to marry in another religion.48

Important exponents of sutra period are Gouthama, Boudhayana and Kautilya.

Gouthama prescribed some duties of wife and also recommended child marriages.
According to Budhayana, women were not fit for independence and freedom in every
sphere of life. Kautilya also restricted freedom of women in the society and divorce and
remarriage were criticised by him.

2.8.2 Position of Women in British Period49

In British period, the position of women had undergone drastic changes mainly due to
western impact on the Indian socio- cultured pattern. The concept of equality, liberty
and individual secularism although arose but limited to ruling class. When the Britisher
reached in India, they found that there were several problems associated to the Indian
Women. Lack of education, child marriage, purdah system, widowhood and sati partha
were at the peak. Due to these evils the status of a woman was low. Many social
reformers tried to improve the woman‘s position in the society. Many major
movements took place during the British period but two are basically related to the

48
Ibid. at p. 2
49
Ibid. at p. 2-3.

40
rights of women. First is ‗Social Reform‘s Movement‘ and second is ‗The Nationalist
Movement‘.

The Social Reform movement in India raised the equal status of women. The views of
the reformers were by giving access to education to women and by introducing
progressive legislation social reforms in respect of women achieved. Swami
Vivekanand, Dayanand Saraswati and Annie Besant were of the opinion that old Vedic
Period should be revived which was ideal for woman‘s Status. Some legislative
enactments were passed during this time related to women which are The Prevention of
Sati Act, 1829 and The Widow Remarriage Act, 1856.

The Nationalist Movement drew the attention of a large number of people and
generated confidence among women to raise their voice against oppressive system. In
1927, All India Women‘s Conference was formed and proved to be a crucial movement
towards the right to equality of women. During this a number of legislations were
enacted like Child Marriage Act, Hindu Women‘s Right to Property Act etc. which
were intended to eradicate certain social evils. Even provisions of industrial laws were
appropriately amended to restore the status of women which prevailed during the vedic
period. The establishment of crèches, reduction of working hours, prohibition on night
working hours and restriction to work in mines were introduced under the banner of
nationalist movement.

2.8.3 Position of Women after Independence

After independence, the position of women in India had risen. Daughters were allowed
to share in the property. Widows can remarriage again. Several legislation have been
passed to improve the condition of woman in the society, but still she is facing
different-different problems at every stage of life.

With the passage of time, the concept of ‗working women‘ came into existence. They
are coming outside their homes for earning purposes. Earlier, they were not allowed to
work outside their homes because working by women for earning purposes out of their
homes was considered derogatory to the family but due to rise in the standard of living,
along with the widening of the field of necessities more women, both single and

41
married, started to enter in the workforce. Now, we can say that the traditional role of
housewife has gradually evolved in to the dual and more fulfilling role of a working
woman and housewife. Although the genesis of the working woman was a
revolutionary incident in Indian society, it was not without natural hurdles and
obstacles which was suspected and doubted. Here it means that no place is safe for
women. The place of work brought with it new problems. At the home they are
harassed by husband, in-laws etc. and at the workplace they are harassed by their own
colleagues, co-workers and superior authority. This problem was not premeditated or
pre-planned but was a natural reaction arisen out of the sick and inherent character of
man dominance. These acts, in a way, buttress this opinion that howsoever good
position of woman may get or whatsoever her worth she will prove, her position in
society can never grow and will be degraded by insolvent people.

When the women out of their home to work, they felt a new kind of humiliation by
their counterpart called ‗Sexual Harassment‘. This menace in not confined to any caste,
religion, class, region, profession or level of status rather it has become a serious jolt
against a significant group if society. A female is a victim even in the industrialised,
globalised and technological era. In every workplace- organised or unorganised, public,
private or governmental, this problem has created a restriction on protection of rights
guaranteed in various instruments at national, regional and international level. Sexual
Harassment of women at workplace is one of the most severe problems which women
are bound to confront and tolerate today. This problem has created a havoc and terror in
working women. The evil of Sexual harassment gives rise to an ‗unhealthy and
immoral atmosphere to work‘ for women. Sexual Harassment involves multiple
violations of the basic rights of women, such as the right to life and personal liberty,
security, human dignity and freedom from torture and inhuman or degrading treatment,
it has come to be recognized as a serious global problems.

The term Sexual Harassment throughout the world, came into existence in U.S.A. in the
mid of 1970‘s though its contents are age old. In 1975 US Congress Senate Committee
on Labour and Human Resources stated at the institute‘s formation that, it coined the

42
phrase ‗sexual Harassment‘ and gave a name to a formally toboo dilemmna aced by
millions of working women.50

The first definition of Sexual Harassment was formulated by Farely and Working
Women United. According to them, Sexual Harassment means, any repeated and
unwanted sexual comments, looks, suggestions or physical contact that you find
objectionable or offensive and causes you is comfort on your job. The sexual
harassment at workplace is generally classified into two types and first is quid pro-quo
which means ‗this for that‘ is a Latin term and this type of harassment is generally
committed by person in authority. It occurs when employer or supervisor offers a job
benefit made dependent on the victim according to demands engage in some form of
sexual behaviour or threaten to change working conditions based on her response to his
demands for sexual favours. Second is ‗hostile work environment‟ which covers all
conduct which creates a working environment unwelcome and offensive to the
recipient. It is unwanted conduct of sexual nature. It does not require a loss or threat of
loss of job or promise to benefits. In other words, to establish hostile work environment
monetary loss is not required. In Meritor Saving Bank v. Vison,51 the Supreme Court of
America recognised hostile work environment as a form of Sexual Harassment.

The Indian court first time defined the term sexual harassment in formal legal sense by
the Supreme Court in Vishaka v. State of Rajasthan in 1997. Before this case the
Supreme Court in Rupen deol Bajaj v. Kanwar Pal Singh Gill 52 recognised sexual
harassment as a crime falling under section 354 of Indian Penal Code, 1860. The term
outraging the modesty of a woman is interpreted by Supreme Court and held that it
include outraging the dignity of woman. In Saudi Arabian Airlines v. Shehnaz,53 the
Bombay High Court recognised that dismissal of a woman worker following a
complaint of sexual harassment was an unfair labour practice and illegal, and reinstated
the woman who had been dismissed. The Supreme Court after analysing the many

50
Sex discrimination in the workplace: Hearing before the committee on labour and Human Resources
97th Cong 1st Session.
51
477 US 57(1986)
52
1995,6,SCC194
53
AIR 1999 (1) Bombay, LR 687

43
number of outrages regarding sexual harassment of working women and the appalling
paucity of legislative responses to such acts and after relying upon the ratification by
India of the United Nations convention on Elimination of All Forms of Discrimination
Against Women, took a long awaited step and created a binding and enforceable set of
guidelines designed to eradicate sexual harassment of women at workplace. This is the
court did on the premise that is the event of a vaccum in domestic law and where there
is no conflict between international law and domestic law, international law can be
invoked as the law of land. This comes to be known as Vishaka‘s guidelines. The
Supreme Court held that until the legislature passed a particular law on sexual
harassment at workplace, the Vishaka guideline should be followed. The guidelines of
Vishaka‘s case first time laid down in the Apparel Export Promotion Council v. A.K.
Chopra.54

Between 1997 to 2013, many Bill laid down before parliament for working women‘s
rights. There have been numerous campaigns and legal decision against sexual
harassment, most recommending reform of the law. The Vishaka judgment has been an
important legal event, making the judicial activism in the arena of gender justice.
Finally in 2013, the parliament passed an enactment. This is known as ―The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013. This enactment unambiguously applies to the private sector in employment. The
definition given under the 2013 Act, is same as given by Supreme Court in Vishaka
Case. For the first time an enforceable remedy has been created against private sector
employees under the 2013 Act, which places an obligation on every employer of a
workplace, to constitute, a committee to be known as the Internal Complaints
Committee. Failure to do is an offence. The 2013 Act, therefore, has the potential to
provide a redressal mechanism to working women across the economic and social
divide, including those who were previously unprotected by Vishaka guidelines, such
as agricultural workers and women in rural areas. Neither Vishaka nor any of the
judicial precedents which followed have ever discussed laying down any period of
limitation for filing complaints of sexual harassment at the workplace, but the 2013
54
AIR 1999, SC 625

44
Act, laid down three months period of limitation which is extendable to a maximum of
six months.

Until such time, the 2013 Act must be construed to being limited to women in
employment relationships, thereby leaving intact all other regulatory regimes in place
where the Vishaka judgment must be held to have full force and effect.

2.9 Review

Woman constitute the almost half of the nations‘ human resources. Their participation in
the national building as equal partner is a vital importance. Sexual Harassment at the
workplace is often considered as one of the ‗occupational hazards‘ that every working
woman has to face.

The urgent need of the hour is to change the social attitude towards women workers.
Sexual harassment at workplace is a grave offence against the Universal concept of
Human Rights according to which there should be no discrimination between the two
sexes. But despite this, sexual harassment of women at workplaces has spread its wings.
Law is an effective weapon for bringing about socio-economic justice and the
constitution has been so devised so as to achieve this objective. We see that most
women hesitate to complain about sexual harassment because of the fear of loosing jobs.
After the Vishaka guidelines given by the Supreme Court, the legislation passed a new
law especially to working women. The main aim of the Act is to provide a safe working
environment and protection of working women against sexual harassment.

Thus we can assume that sexual harassment is a common problem affecting all women
in this world. Every country is facing this problem today. Law alone is not enough to
curb this evil. Massive awareness about such menace is necessary. Society has to change
its attitude so that woman can come out and participate in public life without any fear.
There should be sense of mutual respect between men & women workers.

Sexual harassment at one‘s workplace means being deprived of one‘s precious right to
life and liberty. The Right to Life and Liberty includes right to live with dignity and
work in a profession of one‘s choice. So it is our utmost duty to protect such precious

45
right of the women workers and provide them a safe environment to work with human
dignity.

46