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SEXUAL HARASSMENT- A SPECIES OF SEX DISCRIMINATION
ABSTRACT
”The best judge of whether or not a country is going to develop is how it treats its women. If it's educating its girls, if women have equal rights, that country is going to move forward. But if women are oppressed, abused and harassed, then they're going to fall behind” .........Barack Obama

The global economy is becoming increasingly dependent upon the ability to effectively produce and use knowledge and that the competitiveness of a country depends on the knowledge acquisition capacity of its human resource i.e. both men and women. Human civilization is gradually progressing in transforming through all tensions, dissensions, and harmony. Since the dawn of civilization women have been a catalyst of change in the different time and the climes in the sphere of knowledge and civilization, shoulder to shoulder with men, History witnesses that in a male dominated society women have stood up in their relentless crusade against the humiliation, oppression, and torture to establish their position, power, and individuality because of this crusade, society and civilization has blossomed and undergone a progressive change. The term sexual harassment “as a legal concept” gained meaningful application in the United States only in the mid- 1970s when the US courts held it to be a form of sex discrimination prohibited under the title VII of the Civil Rights Act of 1964. In India, the term sexual harassment was first defined in a formal legal sense in the year 1997 by Supreme Court in Vishakha v. State of Rajasthan.
This research paper has outlined the potential application of new and creative approaches for addressing sexual harassment in the workplace. Specifically this paper has integrated studies on sexual harassment with a range of theoretical and empirical research on harassing approaches as they apply in the context of workplace bullying, racial harassment, and violence in intimate relationships. And on the other hand it will also analyse the gravity of the problem.

This paper attempts:- 1. To understand the gravity of the problem referring through research conducted in different countries of the world. 2. To look into different statutes protecting women’s right against sexual harassment. 3. To analyse, what are the factors which compels women to remain silent, and consequences suffered by them afterwards.
The researchers in this paper will also highlight some other reformative steps taken by government and at last would come up with various other emerging issues and key strategies for overcoming those barriers and furthermore the approaches that can be potent tools in preventing and addressing workplace sexual harassment.
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Key Words: - Industrialization, Workplace, Post harassment consequences, Male dominated society
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* This research paper is written by MOJAHID KARIM KHAN and ANKIT AMBASTA, 5th semester BBA LLB, KIIT School of Law, Bhubaneswar-751024, can be contacted at Email:- mojahidkarimkhan@gmail.com, ankitambasta@ymail.com Mob:- +918093127332 , Mob:- +919938080238.

INTRODUCTION
Speaking generally, sexual harassment is “behaviour with a sexual connotation that is abusive, injurious and unwelcome”. For the victim, sexual harassment has direct consequences for the maintenance or improvement of his or her living conditions and/or places him or her in an atmosphere of intimidation, humiliation or hostility. Sexual harassment is both sexual and unwelcome. It may be constituted by many or a single act and, broadly speaking, the intention of the harasser is not relevant. It is an unpleasant and unavoidable part of the working lives and a real problem for a considerable proportion of working women.as noted by the recent ILO publication, “Sexual harassment happens to workers in the public service, in large and small enterprise, in services and shops, it happens to workers in the public service, in large and small enterprises, in services and shops, it happens to workers on plantation and farms.
It seems that the term ‘Sexual Harassment’ came to be used in the public media only from the year 1975 onwards, till then no term existed to describe what is now universally called ‘sexually Harassment’ , though the phenomenon was well known to women. The term sexual harassment in a legal sense seems to have been coined in the United States of America and subsequently exported from there to other industrialized countries including Australia, Canada, New Zealand, Japan and a number of countries in Western Europe. These other countries had their first brush with the term sexual harassment in a “formal legal sense” only in the 1980’s or at the beginning of the 1990’s. In India, the term sexual harassment was first defined in a formal legal sense in the year 1997 by Supreme Court in Vishakha v. State of Rajasthan. Other terms used to describe this malady are ‘Unwanted intimacy’ in the Netherlands, ‘Sexual molestation’ in Italy, ‘sexual blackmail’ in France and ‘Sexual solicitation’ in some other sates of Canada like Ontario and Newfoundland. However, it is the term ‘sexual harassment’ that has acquired the largest acceptance as it more fully denotes the malady than the other terms.
Sexual harassment may take diverse and varied forms. It is not limited to demands for sexual favours made under threats of adverse job consequences should the receipt refuse to comply with such demands. Victims of sexual harassment need not establish that they were not hired, or on the other instances were denied a promotion or were dismissed from services as a result of their refusal to participate in sexual activity. This form of harassment, in which the victim suffers concrete economic loss for failing to submit to sexual demands, is simply one manifestation of sexual harassment. Sexual harassment is any sexually- oriented conduct that may endanger the victim’s job, negatively affect the victim’s job performance or undermine the victim’s personal dignity. It may manifest itself physically or psychologically. Its milder and subtle forms may imply verbal innuendo, inappropriate affectionate gestures or propositions for dates and sexual favours. However, it may also assume blatant and ugly forms like leering, physical grabbing and sexual assault or sexual molestation. As noted by Dickson, CJ of the Supreme Court of Canada in Janzen v. Platy Enterprises Ltd, in most of the cases of sexual harassment, the perpetrator misuses “a position of power to import sexual requirements into the workplace thereby negatively altering the working conditions of employees who are forced to contend with sexual demands”. Sexual harassment involves the unwanted impositions of sexual requirements in the context of a relationship of unequal power. The development of jurisprudence in the area of ‘sexual harassment at work’ has made it possible to identify two main forms of sexual harassment: Sexual blackmail (quid pro quo harassment) and hostile environment harassment. Quid pro quo harassment is characterised by the denial of an economic benefit to punish the victim for rejecting a sexual overture or demand. Among other things, the consequences of rejecting a vexatious sexual advance may be refusal to hire, increase in workload, denial of promotion, or dismissal or forced resignation.

SOME DEFINATIONS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC), UNITED STATES OF AMERICA
In 1980 the American Equal Employment Opportunity Commission produced one of the first set of guidelines dealing with sexual harassment, The Commission took the position that sexual harassment was a violation of title VII of the Civil Rights Act of 1964, US courts including the US Supreme Court have approvingly referred to the EEOC guidelines while deciding complaints of discrimination on ground of sex under title VII. The EEOC guidelines have been quoted with approval even by courts and human rights tribunals in Canada.

UNITED KINGDOM
In the UK courts have held sexual harassment to be a conduct prohibited by the sex Discrimination Act, 1975. However, the term ‘Sexual harassment’ is not found in the 1975 Act; nor in such conduct expressly dealt with therein. The 1975 Act is essentially designed to deal with the mischief of discrimination “on the ground of sex” i.e. gender specific discrimination. Section 1 (1) (a) of the Sex Discrimination Act, 1975 provides:
“A person discriminates against women in any circumstances relevant for the purpose of any provision of this Act if – On the ground of her sex he treats her less favourably than he treats or would treat a man.”

EUROPEAN COMMUNITIES – A Broad and Truly Progressive Approach
According to the International Labour Organisation (ILO), the European Communities is one organisation which that probably has been “most active” in the field of combating sexual harassment at work. Its councils of ministers, Parliament and commission have taken a number of commendable steps in this regards.Adopting a broad and truly progressive approach, the European communities has sought to define sexual harassment from the perspective of protection of the victims dignity: “Sexual harassment means unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of a women and men at work. This can include unwelcome physical, verbal or non- verbal conduct.

INDIA
In India, in the absence of any statutory definition of the term sexual harassment, it was left to the Supreme Court to do the needful. Relying on International Conventions and norms, particularly general recommendation No. 19 January 1992 of the committee on the Elimination of discrimination against women (CEDAW) constituted by the United Nations, the Supreme Court defined the term sexual harassment for the first time in the year 1997 in Vishaka v. State of Rajasthan. The definition is almost in Pari Materia with the one proposed by the CEDAW.

A SERIOUS AND A REAL PROBLEM
As we look into different forms and ways under which sexual harassment can be categorized then we will come to see that it generally happens to uneducated women’s at large scale and on the other hand educated women’s too are effected by this at massive level depending upon all levels of job hierarchy. While on the other hand it also worth mentioning that men are also affected by this but in a very less number as women’s are holding majority flag. While results of surveys are undoubtedly influenced by diverse factors like the size, nature, composition and characteristics of the sample population, level of awareness to the problem, definition of ‘Sexual harassment’ used, etc., nevertheless they do help in gauging the extent and seriousness of the problem of sexual harassment. The results of the surveys are condensed below. COUNTRY | YEAR OF SURVEY AND NAME OF ORGANISATION THAT CONDUCTED THE SURVEY | NUMBER OF WOMEN SURVEYED | RESPONSES | France | 1991 (by Secretary of State for women’s and Consumers’ Rights) | 1300 | 21% of women surveyed had personally experienced sexual harassment. 12% of victims indicated” advances involving blackmail”, 63% indicated “dubious propositions and gestures”, 60%”continued advances despite refusals”, and 48%”an overall unpleasant environment”. 29% of women victims identified the harasser as the employer himself, 26% as a superior, 22% as a colleague, 27% as a client.24% of female victims said that the sexual harassment was to the detriment of the victims, with 14% of cases resulting in force resignation or dismissal. 19% of the women victims said that sexual harassment cases had been detrimental to the harasser. | Japan | 1991(by Tokyo Metropolitan Government ) | | 81%of the respondents considered “touching the hand or body of a person” to constitute sexual harassment. 71% of men and 52% of women considered “jokes and comments about a person’s body” to be a form of sexual harassment. 25% considered ”staring at a person without reason”, and 61%considered”being obliged to serve alcohol at work parties and being subjected to advances of intoxicated colleagues”, as constituting sexual harassment. | UK | 2004(Royal Air Force, U.K) | 2500 | According to an official internal research-cum-survey, almost half of women serving in the Britain’s Royal AIR Force have been sexually Harassed. Most victims were said to have been grouped or subjected to sexually explicit remarks, but only half of them complained. The survey also found that sexual harassment had increased since the earlier survey done three years before. | New Zealand | 2000(by the Human Rights Commission, which reviewed 284 sexual harassment complains) | | 90% of complain involved men sexually harassing women. Male to male harassment was 6%, while female to female harassment constituted 2% of the complaints. Less than 2% of the complaints involved women sexually harassing men. | US | 1980(by the United States Merit Systems Protection Board) | 23,000 federal employees | 42% of the women had suffered some form of sexual harassment.Of the women surveyed, approximately 15 reported rape or sexual assault, 105 pressure for sexual favours, 205 pressure for unwanted dates, 255 deliberate touching, pinching, leaning over or sexual comments, and 35% sexual remarks, teasing jokes or questions. | SWEDEN | 1987 | | 17% of women who responded and experienced some form of sexual harassment at work, the most common form being ”unwelcome verbal comments and unwelcome touching”. Close to one-third of these women had received “unwelcome request for sexual favours or sexual relations”. In 50% of cases, the harassers were employers or supervisors. About one- third of sexually harassed women were unable to find any other solution to the problem other than leave their job or take leave of absence or sick leave. | NETHERLANDS | 1986 | | 58% of the women questioned had experienced sexual harassment at work. | INDIA | 1998-1999, by National Commission for Women | | About half of working women have suffered some kind of sexual harassment at work. For majority of the respondents, mental and physical harassment and gender-discrimination were the most dominant forms of problems relating to sexual harassment. About37% of the respondents worked in the public and government sectors. Majority of such respondents preferred to ignore such problems. A mere 3.5% reported the harassment to their supervisors. However, in most cases the employers took no adequate or satisfactory action. Majority of respondents were not aware of their rights or of the employers’ obligation relating to sexual harassment. |

TYPES OF SEXUAL HARASSMENT
There are two types of sexual harassment that are legally recognised: 1. Quid pro quo sexual harassment 2. Hostile environment sexual harassment What is Quid Pro Quo Sexual Harassment?
“You do something for me and I’ll do something for you”
Quid Pro Quo is the most notorious form of sexual harassment. The Quid Pro Quo tends to arise in contexts in which men are supervisors and managers of female employees. This term is used to describe the situation where an employee is forced to choose between ascending to sexual demands and loosing job benefits. Under this form of sexual harassment, the perpetrator has to be in a position to create adverse job consequences for the woman. For instance Doordarshan newsreader Kaveri Mukherjee was an employee of Oberoi Hotel, and had initiated proceedings against the Managing Director of the hotel complaining that her services had been terminated because she had refused to succumb to the passes made by the Managing Director.
Quid Pro Quo Sexual Harassment is a result of * Submission to conduct is made expressly or by implication a term or condition of an individual’s employment * Submission to or rejection of the conduct is used to threatened to affect the employee’s or student’s performance * Submission to rejection of the conduct is used or threatened to be used as a basis for employment or educational decisions.
Like when an employee gets on the promotion track or even gets to keep his/her job is based on if the employee submitted to or rejected sexual advances or other types of inappropriate sexual comments. For example, if a supervisor were to tell an employee she would be more likely to be promoted if she dressed sexier, that would be considered quid pro quo sexual harassment.

What is Hostile Environment Sexual Harassment?
This type of sexual harassment occurs when a co-worker or supervisor in the workplace makes sexual advances or comments to an employee that, while not affecting promotions or the future of the employee’s job makes the working environment of the employee offensive and hostile. In general, the comments tend to affect the employees ability to do her job. It may be unwelcome and create a hostile environment for persons other than the victim who are present at the time the behaviour occurs. * Verbal, physical or visual forms of harassment, that are sexual in nature,” Sufficiently severe, persistent, or pervasive” and unwelcome fall under the category of Hostile Environment Sexual Harassment. * A single severe incident, such as a sexual assault, Could create a hostile environment. More commonly, a “hostile environment” is created by a series of incidents.
Indisputably, the protection of women employees from sexual harassment is a challenge and thus, it urgently necessitates the protection of women employees from such a sickening work environment. Accordingly the Supreme Court of India through the judgements in Vishakha v. State of Rajasthan and Apparel Export Promotion Council V. A.K. Chopra has uplifted the position and status of women employees by making it mandatory for the employers to ensure that women do not work in a ‘hostile work environment’.
Tools of Sexual harassment * Verbal/Written Objects: Like comments about clothing, personal behaviour, or a person’s body, sexual or sex-based jokes, suggestive comments, requesting sexual favours or repeatedly asking a person out, insults, sexual innuendos, sexual prepositions telling rumours about a person’s personal or sexual life, threatening a person, sending emails or text messages of a sexual nature, playing sexually suggestive music, threats accompanied by implied or explicit threats concerning one’s job, grades etc. * Physical Objects: Assault; impending or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, hugging, patting, stroking, pinching, assault etc. * Nonverbal Objects: Looking up and down a person’s body, derogatory gestures or facial expressions of a sexual nature; following a person, leering, whistling, obscene gestures, insulting sounds etc. * Visual Objects: Posters, drawings, pictures, screensavers, emails or text of a sexual nature.

Sexual harassment of non-sexual nature
Non sexual conduct may also be sexual harassment if you are harassed because you are female, rather than male, or because you are male rather than female.
For example it may be sexual harassment if you are a woman working as a carpenter on an all-man job, and you are the only one whose tools are frequently hidden by your male co-workers.

WHY DO WOMEN REMAIN SILENT?
Sexual harassment occurs in virtually all workplaces to varying degrees. Despite the fact that our constitution enshrines that it is the fundamental duty of every citizen of India to renounce practices derogatory to the dignity of women. Very often, women endure sexual harassment in silence for fear of repercussions- professional as well as social. If they protest, their career invariably takes a nosedive. Belief that complaint will not be taken seriously and that no relief will be granted, fear of revenge by harasser, and fear of further harassment are the other reasons for minimal reporting of sexual harassment. Apart from this, many women do not want to publicize a very private matter. Sexual harassment has all kinds of subtle and indefinable manifestations. The common factor is the threat spoken or otherwise expressed through leave refused, promotion postponed, or confidential report raised with unfavourable entries.
Most women employees have come to regard sexual harassment as an ‘occupational hazard’. Helplessly, they have found their own means for coping with the sexual harassment either by laughing it off, ignoring it, or telling the harasser to ‘shove off’. They believe that if they ignore the ‘typical male’ behaviour, they could avoid confronting more problems. The glaring fact is that it is experienced by most of the women in some form or other, but is seldom spoken of, so making it an invisible crime. Its victims can be employees in the public service, private service, in large and small enterprises, shops and establishments, on plantations and farms, entrepreneurs, and traders in market places. Consequently it is not possible to estimate the extent of sexual harassment in an organisation simply by looking at the number and nature of complaints. In reality, complaints only represent those willing to report and many incidents go unreported. Only now, the responsibility for dealing with sexual harassment has been shifted from an individual to the organization.

AFTER EFFECTS OF SEXUAL HARASSMENT
The effects of sexual harassment may vary from person to person, and are contingent on the severity, and duration, of the harassment. However, sexual harassment is a type of sexual assault, and the victims of severe or chronic sexual harassment can suffer the same psychological effects as rape victims. Aggravating factors can exist, such as their becoming the target of retaliation, backlash, or victim blaming after their complaining, or filing a formal grievance. The treatment of the complainant during an investigation or litigation can be brutal, and add further damage to their life, health and psyche. Depending on the situation, a sexual harassment victim can experience anything from mild annoyance to extreme psychological damage, while the impact on a victim’s career and life may be minimal, or leave them in ruins.
Some of the effects a sexual harassment Victim can experience * Decreased work performance * Increased absenteeism to avoid harassment, or because of illness from stress. * Being objectified and humiliated by scrutiny and gossip. * Retaliation from harasser, or colleagues/friends of the harasser. * Loss of trust in the types of people that occupy similar positions as the harasser or their colleagues. * Loss of references/recommendations, job or income. * Weakening of support network: colleagues, friends, and even family may distance themselves from the victim or abandon them altogether.
Some health effects, both psychological and physiological, that can occur to someone who has been sexually harassed * Depression * Anxiety and/ or panic attacks * Traumatic stress; post- traumatic stress disorder * Sleeplessness and/ or nightmares * Shame and guilt; self-blame. * Fatigue or loss of motivation * Feeling betrayed and/or violated * Increased blood pressure * Loss of confidence and self esteem * Suicidal thoughts or attempts; suicide
Her social environment may be entirely transformed. If only some people know, she may constantly wonder who knows and what they are thinking. She may overhear conversations of her superiors about her case. She may become the subject of juicy gossip and wild misinformation and speculation. She will be judged by all who knows about it, whether positively or negatively. This is a huge burden to carry through work.

DIFFERENT ACTS BACKING SEXUAL HARASSMENT
CONSTITUTION OF INDIA
Part III of the Constitution: Fundamental Rights
The chapter dealing with the fundamental rights is contained in part III of the constitution. Thus, Part III of the constitution “gives a constitutional mandate for certain human rights- called Fundamental Rights in the constitution- adapted to the needs and requirements of a country only recently freed from foreign rule and desirous of foreign a strong and powerful nation capable of taking an equal place among the nations of the world. It also provides a constitutional mode of enforcing them. Part III of the constitution comprises Article 12 to 35- A. The relevant provisions of part III may be mentioned as: * Laws inconsistent with or in derogation of the Fundamental Rights * Equality before Law * Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth * Equality of opportunity in matters of public employment * Protection of certain rights regarding freedom of speech, etc * Protection of life and personal liberty * Freedom of conscience and free profession, practice and propagation of religion

FUNDAMENTAL RIGHTS
Fundamental Rights encompass all the facets of ‘Gender Equality’ including prevention of ‘Sexual Harassment’
In the case Bodhisattwa Gautam v. Subhra Chakraborty J. Saghir Ahmad said “A women, in our country, belongs to a class or group of society who are in disadvantaged position on account of several social barriers and impediments and have, therefore, been victim of tyranny at the hands of men with whom they, fortunately, under the Constitution enjoy equal status. Women also have the right life and liberty; they also have the right to lead an honourable and peaceful life. They are mother, daughter, sister, wife and not playing things for centre spread in various magazines, periodicals or newspapers nor can they be exploited for obscene purpose. They must have the liberty, the freedom and, of course, independence to live the roles assigned to them by nature so that the society may flourish as they alone assigned to them by nature so that the society may flourish as they alone have the talents and capacity to shape the destiny and character of men anywhere and in every part of the world.
In Vishaka v. State of Rajasthan, a three- Judge Bench of the Supreme court categorically held that each incident of sexual harassment or sexual assault at work results in violation of the fundamental rights of “Gender Equality” and the “Right to Life and Liberty”. J.S. Verma, CJ further held for the bench, “It is a clear violation of the rights under Articles 14, 15 and 21 of the constitution. One of the logical consequences of such an incident is also the violation of the victim’s fundamental right under Article 19(1) (g) ‘to practise any profession or to carry out any occupation, trade or business. Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women.” The Court reminded that the fundamental rights to carry on any occupation, trade or profession depend on the availability of a “safe” working environment. Moreover, right to life means life with dignity.

INDIAN PENAL CODE 1960
Our Indian Penal Code, 1860, does not specifically contain any chapter either on ‘Crimes against Women’ or on ‘Sexual Harassment’, or on ‘Sexual Harassment at Workplace’. The existing provisions of the Indian Penal Code, 1860, are unable to effectively combat the ever- increasing problem of sexual harassment at workplace.
Simply, the penal provisions relating to sexual assault or eve-teasing is provided in the Indian Penal Code, 1860, provides that whoever assaults or uses criminal force on any woman intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or both.
In a recent case, Tarkeshwar Sahu v. State Of Bihar (now Jharkhand), it was held by the Supreme Court that:
Intention to outrage modesty of a woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offence.
The provisions of Indian Penal Code, 1860, for combating Sexual Harassment are not adequate.

FILLING CIVIL SUIT
A victim can sue the perpetrator for damages in a civil suit of torts. Since Sexual harassment at workplace is a violation of fundamental rights under Article 14, 15, 19, 21 of the Constitution of India, a woman who faces sexual harassment at the workplace has legitimate claim for compensation. But the existing tort in India does not provide sufficient recourse to victims of sexual harassment in the workplace. For this, the basis for filing the case should be mental anguish, physical harassment, loss of income and employment caused by sexual harassment. There is a pressing need for a civil Law for sexual harassment at workplace’.

INDECENT REPRESENTATION OF WOMEN (PROHBITION) Act, 1986
The Indecent Representation of Women (Prohibition) Act, 1986, which prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures, or in any other manner, could be used to penalize individuals and companies against sexual harassment at workplace. The provisions of this Act have the potential to be used in two ways: first if an individual harasses another with books, photographs, paintings, films, pamphlets, and packages containing indecent representation of women, then he will be liable for a minimum sentence of two years. And the second, argument of ‘hostile working environment’ can be made under section 7 of the act and which holds companies liable where there has been indecent representation of women(such as display of pornography) on the premises of the workplace.

SUPREME COURT’S GUIDELINES
For combating sexual harassment at workplace, our Supreme Court has been quite proactive and has laid down exhaustive guidelines while delivering the judgement in Vishaka V. State of Rajasthan.In the given case the court said that it shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution.
The court said sexual harassment includes such unwelcome sexually determined behaviour as: a) Physical contact and advances; b) A demand or request for sexual favours; c) Sexually coloured remarks; d) Showing pornography e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Where any of these acts is committed in circumstances where-under 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, whether in government, public or private enterprises such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
Preventive Steps- All employers or persons in charge of workplace whether in public and private sectors should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: a) Express prohibition of sexual harassment as defined above at the work place should be notified. b) The Rules/Regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. c) As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment(Standing Orders) Act, 1946 d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and employee women should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT 2013 (SEXUAL HARASSMENT ACT)
This statute has been enacted almost 16 years after the Supreme Court of India, in its landmark judgment in Vishaka and others V. State of Rajasthan Laid down guidelines making it mandatory for every employer to provide a mechanism to redress grievances pertaining to workplace sexual harassment and enforce the right to gender equality working women.

Sexual Harassment- Objective of the law, meaning and prohibition
The sexual Harassment Act has been enacted with objective of providing women protection against sexual harassment at workplace and for the prevention and redressal of complains of sexual harassment.
The definition of sexual harassment in the Sexual Harassment Act is in line with the Supreme Court’s definition in the Vishaka Judgment and includes any unwelcome sexually determined behaviour (whether directly or by implication) such as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical verbal or non- verbal conduct of sexual nature.

Salient Features of the Sexual Harassment Act
Scope- The ambit of the Sexual Harassment Act is very wide and is applicable to the organised sector as well as the unorganised sector. The definition of ‘workplace’ and ‘employee’ under the sexual harassment act is fairly wide. As per Sexual Harassment Act, a workplace also covers within its scope places visited by employees during the course of employment or for reasons arising out of employment- including transportation provided by the employer for the purpose of commuting to and from the place of employment.

Internal Complains Committee and local Complains Committee- the Sexual Harassment Act requires an employer to set up an ‘Internal Complaints Committee’ (“ICC”) at each office or branch, of on organization employing at least 10 employees. The government in turn is required to set up a ‘Local Complaints Committees’ (“LCC”) at the district level to investigate complaints regarding sexual harassment from establishments where the ICC has not been constituted on account of the establishment having less than 10 employees or if the complaint is against the employer.

Interim Reliefs- The Sexual Harassment Act empowers the ICC and the LCC to recommend to the employer, at the request of the aggrieved employee, interim measures such as (i) transfer of aggrieved women or the respondent to any other workplace; or (ii) granting leave to the aggrieved women up to a period of 3 months in addition to her regular statutory/ contractual leave entitlement.

Process for Complaint and Enquiry- Please refer to the following flowchart which provides the process in brief.

PROCEDURE TO BE FOLLOWED
Incident of Sexual Harassment at Workplace
Incident of Sexual Harassment at Workplace

Concillation
Concillation

Internal Complaints committee/ Local Complaints Committee
Internal Complaints committee/ Local Complaints Committee

Report of Inquiry
Report of Inquiry

No action by employer
No action by employer Appeal to a Court/ Tribunal Appeal to a Court/ Tribunal
Action for misconduct
Action for misconduct
Punishment for false or malicious complaint
Punishment for false or malicious complaint

Action against Frivolous Complaints- So as to ensure that the protections contemplated under the Sexual Harassment Act do not get misused, provisions for actions against “false and malicious” complaints have been made.

PREVENTING AND RESPONDING TO SEXUAL HARASSMENT
Employers as per statutes have a legal duty to take steps to prevent and respond to sexual harassment. They must make sure they have poison-free environments that respect human rights. From a human rights perspective, it is not acceptable to ignore sexual harassment, whether or not someone has formally complained or made a human rights complaint.
When deciding if an employer has met its duty or not, tribunals are likely to think about: * The procedures in place at the time to deal with discrimination and harassment * How quickly the organization responded to the complaint * How seriously the complaint was treated * The resources made available to deal with the complaint * If the organisation provided healthy environment for the person who complained. * How well the person who complained was told about the action taken.
Employers can prevent many cases of sexual harassment by having a dear, comprehensive anti-sexual harassment policy and the steps in place for resolving complaints. This can be done by: * Giving policies to everyone as soon as they are introduced * Making all employees, etc. aware of them by including the policies in orientation material * Training people, including people in positions of responsibility, about the policies, and educating them on human rights issues.

CONCLUSION AND ANALYSIS
Every year, sexual harassment at workplace is one of the most common types of complains received by the authorities concerned. The wide use of new technologies such as mobile phones, email and social networking websites has created new spaces where sexual harassment may occur. Sexual harassment is acting as a barrier to women participating fully in paid work. It is undermining their equal participation in organisations or business, and is reducing the quality of their working life. An effective sexual harassment policy can limit harm and reduce liability. Taking steps to keep a poison-free environment will help make sure that sexual harassment does not take root, and does not have a chance to grow. Though it may seem that a large number of legislations have been passed to avoid sexual harassment of women at work place but still the overall condition of women in the world today is not as good as it should have been. Still the bird flies with only one wing as the other is hampered and not fully functional.
We should not always judge by looking to the kind of women whom we see and recognise and who escaped it all by good fortune or by sheer determination but for the vast majority of invisible women around the world who neither had right parenting nor the circumstances to fight this evil. Though it may seem that women have a great deal of freedom and independence but still it’s not reflecting the expected results.

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[ 1 ]. Quebec V. Habachi, Cnanada Human rights tribunal, Province of Quebec, District of Montreal, 1992 Canlii 1
[ 2 ]. Source: Conditions of work Digest, Vol. 11, 1/1992, “Combating Sexual Harassment at work”, ILO, Geneva, pp. 32, 285-89.
[ 3 ]. International Labour Organisation (ILO), condition of work digest, Vol. 11, 1/1992, “Combating Sexual Harassment at work”, p. 160
[ 4 ]. (1997) 6 SCC 241: AIR 1997 SC 3011
[ 5 ]. (1989) 1 SCR 1252: 1989 Canlii 97 (SCC)
[ 6 ]. Dickson, CJ was quoting, inter alia, Professors Constance Backhouse and leah Cohen in The Secret Oppression: Sexual Harassment of Working Women, 1978, and Professor Catharine MacKinnon in sexual Harassment of working women: A Case of Sex Discrimination, 1979 at p. 1.
[ 7 ]. Equal Employment Opportunity Commission, Guidelines on Discrimination Because of Sex 29 CFR 1604. 11 (a) (1985).
[ 8 ]. ILO, Conditions of Work Digest, VOL. 11, 1/1992, “Combating Sexual Harassment at Work” pp. 23-24.
[ 9 ]. The European Communities Commissions “Code of Practice on Measures to Combat Sexual Harassment”, November 1991.
[ 10 ]. (1997) 6 SCC 241: AIR 1997 SC 3011
[ 11 ]. Roma Mukherjee, Women, Law and Free Legal Aid in India, New Delhi: Deep and Deep Publications Pvt Ltd, 213(1998).
[ 12 ]. AIR 1997 SC 3011
[ 13 ]. AIR 1999 SC 625
[ 14 ]. This is particularly true if the organization has no harassment policy; in these instances the under- reporting is likely to be worse. See Rohan Collier, Combating Sexual Harassment in the Workplace, Buckingham: Open University Press,6 (1995)
[ 15 ]. http://www.workharassment.net/index.php/effects-of-sexual-harassment.html as on 01/08/2013, 21:53 Pm
[ 16 ]. Environmental changes: The women’s’ Crisis Support and Shelter of Santa Cruz
[ 17 ]. (1996) 1 SCC 490: AIR 1996 SC 922
[ 18 ]. (1997) 6 SCC 241: AIR 1997 SC 3011
[ 19 ]. Section 354of Indian Penal Code 1860
[ 20 ]. AIR 2004 SC1497
[ 21 ]. P.K. Padhi and Aditi Gujral,’Sexual Harassment at Workplace: A socio –legal analysis’, Vikashini: The Journal of Women’s Empowerment, 18(2) April-June2003, p.17.
[ 22 ]. AIR 1997 SC 3011
[ 23 ]. http://www.ohrc.on.ca/en/sexual-harassment-employment-fact-sheet as on 31/07/2013 02:50PM