Sexual Harassment At Workplace - Impossible To Ignore How Easily Common Woman Is Put Down By Common Man, Less Said...
🔷 Sexual Harassment at Workplace: Overview
Sexual harassment at workplace is a widespread social evil that severely impacts women’s dignity, safety, and equality in professional environments. Despite legal protections, it remains a pervasive problem, especially as women often face harassment not just from superiors but also from peers or even common men in their workplace settings.
🔷 Legal Framework in India
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
Provides a comprehensive mechanism to prevent, prohibit, and redress sexual harassment.
Applies to all workplaces, including government bodies, private companies, NGOs, and even informal sectors.
Mandates the constitution of an Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) to handle complaints.
Defines sexual harassment broadly, including physical contact, advances, requests for sexual favors, and any unwelcome sexual behavior.
2. Article 21 of the Constitution of India
Guarantees the right to life and personal liberty, which includes the right to a safe and dignified workplace environment.
3. Vishaka Guidelines (1997)
Landmark Supreme Court guidelines issued in Vishaka v. State of Rajasthan (1997) 6 SCC 241, which laid down the principles for preventing sexual harassment at workplace until POSH Act came into existence.
🔷 Socio-Legal Realities: How Common Women Are Put Down by Common Men
Sexual harassment often occurs through everyday interactions, ranging from unwanted remarks, stalking, lewd comments, to physical advances.
Women, especially those from vulnerable socio-economic backgrounds, face greater risk due to power imbalances.
Harassment by “common men” (colleagues, customers, or strangers within workplace premises) is frequently ignored or trivialized.
Women often hesitate to report due to fear of victimization, social stigma, or lack of trust in institutional mechanisms.
🔷 Important Case Law
✅ Vishaka v. State of Rajasthan (1997) 6 SCC 241
The Supreme Court recognized sexual harassment as a violation of Article 14, 15, and 21.
Laid down guidelines (Vishaka Guidelines) to prevent sexual harassment, emphasizing employer responsibility.
Highlighted the need for a safe and harassment-free workplace.
✅ Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759
Reinforced the employer's duty to prevent sexual harassment.
Held that sexual harassment violates women’s fundamental rights and that employers must act proactively.
✅ Medha Kotwal Lele & Ors. v. Union of India (2013) 9 SCC 593
Emphasized the effective implementation of the POSH Act.
Stressed the need for awareness and proper functioning of complaints committees.
✅ T. Mohan v. The Commissioner of Police (2020) Madras High Court
The court observed how common women face harassment daily and underscored the need for strict action against perpetrators.
Called for institutional sensitivity towards victims and effective redressal mechanisms.
✅ Rupan Deol Bajaj v. KPS Gill, AIR 1996 SC 309
One of the earliest cases dealing with workplace harassment.
Held that sexual harassment constitutes gender discrimination under Article 15(1).
Affirmed that victims have a right to seek redress and protection.
🔷 Key Observations
Sexual harassment at workplace is a violation of fundamental rights and a form of gender discrimination.
Despite legal safeguards, social attitudes and institutional apathy often deter victims from coming forward.
The common woman is vulnerable not only due to power disparities but also because of entrenched patriarchy and cultural stereotypes.
Courts emphasize the importance of zero tolerance and proactive steps by employers.
🔷 Practical Steps and Recommendations
Employers must sensitize all employees, conduct regular training, and strictly enforce anti-harassment policies.
Encourage safe and confidential reporting mechanisms.
Ensure timely investigation and appropriate punishment of offenders.
Promote a workplace culture of respect, equality, and dignity.
🔷 Conclusion
Sexual harassment at the workplace remains a grave concern, often inflicted by "common men" who misuse their position or opportunity to demean women. The law recognizes this injustice and mandates protective measures, but societal change and institutional commitment are essential to truly protect and empower women.
RELATED Blog
0 comments