Preventing and Resolving Women Harassment in the Workplace

In India, sexual harassment is defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act defines sexual harassment as any one or more of the following unwelcome acts or behavior (whether directly or by implication):

• Physical contact and advances.
• A demand or request for sexual favors.
• Making sexually colored remarks.
• Showing pornography.
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

The Act further clarifies that sexual harassment includes any unwelcome behavior that:

• Creates a hostile work environment.
• Affects a woman's work performance.
• Interferes with her right to work with dignity.

The law requires employers to establish an Internal Complaints Committee (ICC) to address and resolve complaints related to sexual harassment, ensuring protection for women in the workplace.

In India, multiple bodies are involved in addressing sexual harassment, including:

• National Commission for Women (NCW)

  The NCW's Complaint and Investigation Cell (C&I Cell) handles complaints of sexual harassment, along with other crimes against women.

• National Human Rights Commission (NHRC)

  The NHRC has addressed sexual harassment in universities and on public transportation.

• Supreme Court

  The Supreme Court ruled in 1977 that employers must create a policy to combat sexual harassment in the workplace. The court also ruled that sexual harassment is a violation of women's fundamental rights.

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

  This act requires the creation of a Gender Sensitisation and Internal Complaints Committee (GSICC) to address sexual harassment complaints.

• Internal Complaints Committee (ICC)

  The ICC can recommend punishments for sexual harassment, such as withholding privileges, suspension, expulsion, counseling, community service, and compensation.

Definition of Sexual harassment as per Indian Law.

Sexual harassment in the workplace refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature that creates a hostile, intimidating, or offensive work environment. It can take various forms, including:

1. Quid Pro Quo Harassment: This occurs when submission to or rejection of such conduct is used as the basis for employment decisions (e.g., promotions, pay raises, job assignments). For example, a supervisor may demand sexual favors in exchange for career advancement.
2. Hostile Work Environment: This occurs when repeated sexual behavior or comments create an intimidating, hostile, or offensive work environment, even if the conduct isn't tied to employment decisions. Examples include inappropriate jokes, unwanted touching, lewd comments, or displaying sexually explicit materials.

• Verbal (e.g., sexual comments, jokes, or threats)
• Non-verbal (e.g., gestures, emails, or texts)
• Physical (e.g., unwanted touching or blocking someone's path)

Workplace policies and laws like the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India, and the Civil Rights Act (Title VII) in the U.S., offer legal protection and procedures for addressing harassment.

• Legal Framework
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a legal framework for preventing and addressing sexual harassment at the workplace. Employers must comply with the provisions of this law, which include:
    • Setting up an Internal Complaints Committee (ICC) for companies with more than 10 employees.
    • Clearly defining sexual harassment and ensuring a zero-tolerance policy.
    • Training employees on workplace ethics, respect, and harassment prevention.
• Workplace Policies and Guidelines
  • Anti-harassment Policy: Every workplace should have a well-defined, accessible, and visible anti-harassment policy outlining unacceptable behaviors, the process for reporting, and consequences for violations.
  • Confidential Reporting Mechanisms: Provide multiple channels (anonymous, online, direct) for reporting harassment incidents confidentially and safely.
  • Zero Tolerance: A strict stance against all forms of harassment, ensuring no tolerance or compromise on enforcing rules.
• Employee Awareness and Training
  • POSH Training Programs: Regular workshops and training sessions on sexual harassment, employee rights, and reporting processes. Training should focus on both employees and management.
  • Gender Sensitization Workshops: These programs help create awareness about gender-based biases, stereotypes, and mutual respect in the workplace.
• Support Mechanisms for Women
  • Counseling Services: Provide professional counseling services for employees who experience harassment or emotional trauma due to workplace hostility.
  • Legal Assistance: Companies should offer legal aid to those facing harassment to help navigate their rights and options under the law.
• Internal Complaints Committee (ICC)
  • Ensure that the ICC is unbiased and transparent. The committee should include at least one external member with expertise in dealing with cases of sexual harassment.
  • ICC members must be trained on handling complaints sensitively, fairly, and with confidentiality.
• Regular Monitoring and Audits
  • Conduct regular workplace audits and assessments to check for any loopholes in policy implementation.
  • Monitor the workplace environment, interactions, and communication channels for any signs of harassment.
• Leadership Accountability
  • Top Management Commitment: Leaders should actively promote a culture of respect, dignity, and equality. Their involvement is crucial in driving initiatives against harassment.
  • Role Models: Encourage male and female leaders to serve as role models in demonstrating respectful workplace behavior and providing mentorship for women.
• Promote a Diverse and Inclusive Workplace
  • A diverse and inclusive workplace with gender balance helps reduce the occurrence of harassment.
  • Establishing gender equality initiatives such as mentorship programs, women's resource groups, and career development opportunities for women creates a positive workplace culture.
• Effective Resolution and Justice
  • Timely Action: Ensure swift investigation of harassment complaints, and, if proven, disciplinary action against the offender should follow promptly.
  • Rehabilitation for Victims: Provide support for victims, such as offering them temporary or permanent transfers, extended leave, or other forms of rehabilitation.
• Cultural Change and Advocacy
  • Challenging Workplace Norms: Encourage open discussions about gender equality, mutual respect, and harassment to break down cultural barriers that perpetuate discriminatory behavior.
  • Promote Awareness Campaigns: Create awareness campaigns both within the organization and outside to educate the public on the importance of preventing workplace harassment and supporting women's rights.

By fostering a proactive environment with robust policies, continuous training, and strong legal support, workplaces in India can significantly reduce the risk of harassment and ensure a safer, more respectful work atmosphere for women.

Global Jurix is an established law firm in India, founded in 2002. It offers a wide range of legal services primarily focused on corporate, commercial, and intellectual property law. The firm caters to both domestic and international clients. Global Jurix is known for providing cost-effective legal solutions, with expertise in areas such as mergers and acquisitions, arbitration, Trademark Registration Services, company registration, and intellectual property rights. The firm's team comprises experienced lawyers, Chartered Accountants, Company Secretaries, and other professionals, providing a comprehensive range of services under one roof.

Also Read:
Top Five Cost Effective and Profitable Business in India
GST in E-Commerce: Impacts, Advantages, and Challenges
Private Limited vs. Limited vs. LLP vs. One Person Company

Global Jurix
S-191 C, 3rd floor, Manak Complex
School Block, Shakarpur
New Delhi - 110092, India
Call at +91-98100-62387
Mail at: corporate@globaljurix.com