We've all been eyeballed, patted, grabbed or brushed up against at some point in our life or another
whether it is by the roadside romeo or the stranger next to us on our commute by public transport. You'd think our homes or our workplaces, for that matter, is where we'd be safer. Unfortunately for women, however, leery men are everywhere.
In the year 2014 alone, there were 526 cases of sexual harassment of women reported at the workplace in India. But this, of course, is in no way a clear reflection of the violation that occurs, because for every strong woman that raises her voice against this abhorrent crime, hundreds of others suffer in silence, eventually quitting their jobs or requesting transfers. That the office was looked upon as a male bastion, and sexual harassment an inescapable part of a working woman's life, did not help the cause.
It was only after the brutal gang rape of Bhanwari Devi (a government employee who tried to stop a child-marriage as part of her duties as a social worker) in Rajasthan back in the 90s that the Supreme Court of India realised the apparent lack of a law regarding sexual harassment of female employees at the workplace. "Bhanwari Dewi's rapists were set free. This enraged a women's rights group called "Vishaka" who filed a public interest litigation in the Supreme Court of India," enlightens Advocate Shambhavi Rao from Panjim, adding, "This was what gave birth to India’s first set of guidelines, popularly known as the Vishaka guidelines, to deal with cases of sexual harassment at the workplace. But it took the legislature almost two decades more to give expression to these guidelines in matter and spirit by enacting the Sexual Harassment of Women at Workplace(Prevention,Prohibition and Redressal Act) 2013."
According to Advocate Rao, the Vishaka Guidelines very categorically state that it is the duty of the employer to prevent sexual harassment in the workplace while providing mechanisms for resolution of complaints. And while the 'workplace' in the Vishaka Guidelines is confined to the traditional office set-up (where there is a clear employer-employee relationship), the Act is all-encompassing and goes includes organisations, departments, branch units, in the public and private sector, organised/unorganised, hospitals, nursing homes, educational institutions, sports institutes, stadiums, and any other place visited by the employee during the course of employment including forms of transportation.
According to Ananya Phaldesai from Bicholim, "it is the duty of every man and woman to see that women and girls are not violated, because the law applies not just to office-going women, but to all women including those that work as domestic workers, daily wagers, and volunteers." Phaldesai's maid has been inappropriately grabbed by her previous employer on several occasions. "Being uneducated and from a low income strata of society, the woman had little recourse against his sexual advances. When his demands grew bolder, however, she finally decided to quit," Phaldesai informs, adding that no woman should ever have to choose between her job and her dignity, no matter how rich or poor she is or how old.
And its not just illiterate domestic workers that face harassment. Melody (name changed) is a senior HR manager in a large multinational corporation. A bit of a rebel, Melody sports a small tattoo on her wrist and another one on her ankle. "One of my auditors wanted to know what other body part I had gotten inked. When I told him it was none of his business, he stepped towards me and reached for my shirt. I pushed him out of my way and left. The next day, I sent him a long message telling him in no uncertain terms that what he did wasn't acceptable or respectful and that it would not be tolerated. He responded saying that I was taking it the wrong way. Despite the fact that the incident occurred in front of two other senior managers, no action was taken," she reveals.
So what's a woman to do? "Any aggrieved female employee can make a written complaint to the internal vigilance committee if one has been constituted, or the local committee within a period of three months from the date of the incident, or in the case of a series of incidents, within a period of three months from the date of the last incident. This committee is then required to complete their enquiry within 90 days," says Advocate Rao. The enquiry process is required to be confidential and the Act lays down a penalty of Rs 5000 on any person who breaches this confidentiality. "Upon inquiry, if a prima facie case exists, the committee is required to forward the case to the police within a period of seven days for the purpose of registering a case under section 509 of the Indian Penal Code, and if applicable, other relevant provisions of the code," she enlightens further adding that the female employee also has the option of going directly to the police with her complaint.
The larger role, however, has to be played by us. Patriarchal attitudes and values are the biggest challenges we face. And as more and more women join the nation's workforce, it is imperative that they are able to access and enjoy the same rewards, privileges and opportunities that their male counterparts do. That being said, the fact remains that the law cannot work effectively without male support and it is only when the men in our lives treat us with dignity and respect that the workplace will become a more conducive environment for everyone.
Besides all this, women must be made completely aware of their legal rights and what action is to be taken in case of harassment. No woman should meekly accept sexual harassment as part of her lot, whether it is at her place of work or even within her own home.
BOX 1
HEADER: Definition of sexual harassment as per the Vishaka Guidelines
Physical contact
A demand or request for sexual favours
Sexual innuendos or sexually-coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature, for example, leering, telling dirty jokes, making sexual remarks about a person's body, inappropriate sexual gestures, etc
BOX 2
Vishaka Guidelines
A set of procedural guidelines for use in India in cases of sexual harassment promulgated by the Indian Supreme Court in 1997 and superseded in 2013 by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
BOX 3
What can women do?
Shed our mentality of tolerance. Stop saying "men will be men" and believing that such offensive behaviour on their part is inevitable and unavoidable
Do not trivialise the matter. Protest loudly and immediately. Let your co-workers know that such conduct has been meted out to you and who the offending party is
Express strong resistance the first time it occurs, because if you don't do this the offender will assume that he has your consent
Document the harssment in any way you can
Keep your distance from the man
Register a First Information Report with the police
