SEXUAL HARASSMENT AT WORK PLACE

By: Takshit Saraswat

What is sexual harassment at work place ? 

Sexual harassment at the workplace is any unwelcome sexually defined behavior which has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment.

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that if the following circumstances occur or are present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace: 

1. Implied or explicit promise of preferential treatment in her employment in her employment; 

2. Implied or explicit threat of detrimental treatment in her employment; 

Implied or explicit threat about her present or future employment status; 

3. Interference with her work or creating an intimidating or offensive or hostile work environment for her; 

4. Humiliating treatment is likely to affect her health or safety. 

Numbers In India 

As per NCRB, the victim count for workplace sexual harassment against women has increased from 402 in 2018 to 422 in 2022. This is cause for concern, because it is well-established that women actually under-report crimes against them due to fear of repercussions, inadequate awareness, and societal biases.

Impacts Of Sexual Harassment 

Reduced Productivity 

Sexually harassed employees also demonstrate substantially lower concentration, morale, and work performance according to Indian research. A recent study of 600 women professionals found self-reported productivity declined 35% after harassment, in line with findings elsewhere of a 30-40% drop. Such productivity declines from India’s high harassment rates represent massive economic losses.

Turnover 

India’s unusually high incidence of workplace sexual harassment has been linked to high female turnover as well. A 2018 survey found 47% of Indian women left jobs due to harassment, much higher than the global average of 20%. With female labor force participation in India already low at 20%, harassment-prompted resignations represent a major loss of talent and productivity for Indian employers and the economy. 

Legal Cost 

Despite stronger laws, shame and weak enforcement still limit reporting of sexual harassment in India. However, organizations do face growing legal costs as more women exercise rights under the 2013 Act. Complaints received by Indian employers are rising 25-30% annually. Major companies have reported doubling of case volumes and costs since 2015. And high profile accusations at major firms indicate costs of lawsuits and reputation

Absenteeism

Targets of sexual harassment report missing work more frequently due to psychological distress or avoiding harassers. A 2020 study in India indicated absenteeism was 16% higher among harassed women in the prior 12 months compared to non-harassed peers. With exponentially more Indian women affected, harassment-linked absenteeism appears to be a major contributor to lost labor and productivity.

All numerical data is procured from @Nyayasarthak and it is factually correct .

Policies In India 

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 states that if the following circumstances occur or are present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace.

Where a complaint cans can be filed?

Internal Complaints Committee – within that organization

Local Complaints Committee – if you are an employee from an establishment where the Internal Complaints Committee has not been constituted due to having less than 10 workers. In the case that the complaint is against the employer himself/herself and the individual feels that the case may be compromised, he/she can also lodge a complaint in the LCC.

For instances where the LCC may not be immediately accessible, the Act instructs the District officer to designate one nodal officer in every block, taluka and tehsil in rural or tribal areas and ward or municipality in the urban area, who will receive the complaint and forward it to the concerned LCC within 7 days. Local police station, in case provisions under the Indian Penal Code, are applicable. 

in every block, taluka and tehsil in rural or tribal areas and ward or municipality in the urban area, who will receive the complaint and forward it to the concerned LCC within 7 days. Local police station, in case provisions under the Indian Penal Code, are applicable.

Currently in the News:

• Many Allegations were raised by female actors against fellow actors and directors.
• Even a former Minister of State for External Affairs has been accused of sexual harassment by no less than ten women journalists. 
• In the immediate aftermath of this development, women have been venting out their experiences and the trauma, mostly on social media like Twitter and Facebook.
• The testimonies mostly come from the film industry and the mainstream media and include both work and private spaces. 
• These testimonies range from stories of assault to propositioning, suggestiveness to stalking.
• Currently, in India, many questions arise. What is perhaps of even greater disquiet is that for so long an official silence was kept around what were, in many instances, open secrets.