Article

Sexual Harassement at Workplace

Sexual Harassement at Workplace
Vidur Dhawan
5 months ago
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“You can tell the condition of a nation by looking at the status of its women.”

– Pandit Jawaharlal Nehru

The typically men oriented workplace has been replaced by an outsized number of female getting employment in every possible field of job. This has given rise to variety of issues that affect the integrity of the ladies and even have an impression on the physical, mental and social wellbeing of the women. In its different forms, harassment remains a neighborhood of the workplace regardless of the very fact that it’s reported or not. Women generally don’t speak of any act of harassment committed to them. But this is not an issue to be lightly dealt with. Any act of harassment can leave a female worker with physical, mental and emotional problems that might have a deep impact on her future life. Searching for recognition is difficult for both the sexes in the corporate world but after getting the job the way to promotion is comparatively easy of the men as comparison to the women, and if the perk which come with the job are only given to them through one road and that road lead to sexual harassment in the work place

WHAT IS SEXUAL HARASSMENT

The definition of sexual harassment was given in Vishakha’s case by the Supreme Court of India which included unwelcomed sexual behavior such as physical contact and advances or sexually colored remark or showing pornography and even sexual demand either made by word or action of the other party.During this case the victim was brutally gang raped within the village of Rajasthan. During this case the Court said that the incident revealed the hazards to which a working woman is also exposed and therefore the depravity to which molestation can degenerate; and therefore the urgency for safeguards by another mechanism within the absence of legislative measures. Within the absence of legislative measures, the requirement is to seek out a good alternative mechanism to meet this felt and urgent social need. Thus for the effective enforcement of the essential right of gender equality and guarantee against molestation and abuse, more particularly against molestation at work places, the Court in exercise of its power under Article 32 of the Constitution laid down the rules and norms specified hereinafter for due observance in any respect work places or other institutions

The issue of harassment has got to tend a significant thought and people’s participation should be encouraged to form every workplace safer and healthier. The issue is not confined to empowering the women but this issue is related to the basic human rights of the women to work in a safe and secure work environment being treated equally with the lads and no fear of being a topic of harassment at the hands of the male counterparts within the workplace.

Nearly 88% of the female workforce of Information Technology of India and Outsourcing Business Policy and Knowledge Policy companies which have reported that they have suffered some type of harassment at workplace during the course of their work, says a survey conducted by Transforming India a non-government organization. The report says that about 50% women had been subjected to abusive language, physical contact or been sought sexual favors from. As many as 47% employees didn’t know where to file the event on the other hand 91% didn’t file in the fear of being victimized. The study further stated that there was lack of awareness of the female staff about the issue of workplace harassment. It further revealed that more than 82% of the incidents which could be classified as sexual incidents occurred outside the boundaries of the office and in nearly 72% of the incidents the perpetrator was a superior. It was further found that 60% of the respondents were not aware of the Workplace harassment policies of their organizations. Around 10% were only partially aware. Of all the respondents, 77% stated that the little print of harassment policies weren’t a component of their hiring process, while only 7% stated that they may recollect some discussion about the topic

WHAT IS WORKPLACE

A workplace is anywhere where working relationships between employer and employee(s) exist. Thus the definition of workplace doesn’t confine it to the four walls of the office but goes beyond the physical premises of the office. This idea of workplace extending beyond the premises of the building is additionally applicable if a lady is conducting her duties within the premises of another organization.

LEGAL POSITION Of INDIA

Every incident of harassment at the workplace will result into violation of the elemental Right to Gender Equality and therefore the Right to Life and Liberty which are the 2 Fundamental Rights by the Constitution of India which are guaranteed

The contents in our Constitution of fundamental rights guaranteed are of sufficient amplitude to encompass all facets of gender equality, including prevention of harassment and abuse and also the Courts require to require appropriate measures to prevent discrimination of all forms against women besides taking steps to protect the glory and dignity of Female is loud and clear.

The message of international instruments just like the Convention on the Elimination of All types of Discrimination Against Women, 1979 (.CEDAW.) and also the Beijing Declaration which directs all State parties to need appropriate measures to prevent discrimination of all forms against women besides taking steps to protect the glory and dignity of Female is loud and clear.

These international instruments cast an obligation on the Indian State to gender sensitize its laws and also the Courts are under an obligation to figure out that the message of the international instruments isn’t allowed to be drowned. The Courts are under an obligation to supply due relevance International Conventions and Norms for construing domestic laws more so when there is not any inconsistency between them and there is a void in domestic law.

Every woman features a constitutional right to participate publicly employment and this right is denied within the process of sexual harassment, which compels her to stay off from such employment. Sexual harassment of woman at the place of labor exposes her to an enormous risk and hazard which places her at an inequitable position with other employees and this adversely affects her ability to comprehend her constitutionally guaranteed right under Article 19(1) (g).

Sexual harassment of ladies at workplace is additionally a violation of the correct to life and personal liberty as mentioned in Article 21 that no one shall be empty his life or personal liberty. Right to livelihood is an integral facet of the correct to life. Molestation is that the violation of the correct to livelihood. For the enjoyment of life under Article 21 of the Constitution of India, every woman is entitled to the elimination of obstacles and of discrimination supported gender. The preamble of the Constitution of India contemplates that it’ll secure to all or any its citizens which provides Equality of status and opportunity in workplace

There was a bill proposed by the government which if enacted, will make sure that women are protected against molestation in the slightest degree the work places, be it publically or private. Further, the Bill seeks to hide workplaces within the unorganized sectors. The Bill provides for a good complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an interior Complaints Committee. Employers who fail to suits the provisions of the proposed Bill are punishable with a fine which can be Rest. 50,000. It also reaffirms the rules laid down by the Supreme Court in Vishakha’s case that recognized harassment as a kind of discrimination against women and violation of the constitutional right to equality.

LEGAL POSITION Of UAE

Harassment of female employees is common worldwide. Many countries have issued legislations to substantiate that there is no harassment against its employees, especially women. In the UAE, many female worker, including employees, job seekers and students are harassed. However, many cases aren’t reported. The law preserves individual dignity as anyone can lodge a complaint to avail the proper given by the countries they’re employed in. However, the UAE law doesn’t specify the types of harassments and there are no legislations to hide the workplace.

Dubai-based lawyer Mousa Ali said that several women are experiencing harassment at the workplace, which can be over an offence against a personal because it is additionally a criminal offense committed against the laws of the country. She also said that several women don’t recognize the way to cater to harassment at workplace and don’t understand their rights and responsibilities under the law with respect to safety at the workplace. She said there’s must organize programmers that teach female employees on the way to identify harassment. Companies should exercise anti-harassment policies to guard employees, especially women, she added that almost all people, because of development in technology, interact differently with people including women.

Legal aspects believe that responsibility imposed on the employer is restricted as they ought to also take measures to stop this behavior by introducing solutions in the workplace where there are women employed . They should take measure and be responsible for protecting women from harassment and bullying by defining both of these term in their office and spreading awareness among employees to understand their responsibility which comes toward protecting women from workplace harassment. However this behavior is punishable as per article 359 of UAE legal code that stipulates that any plan to disgrace a female through words or by deeds on a public street or at a frequented place like her workplace , shall be punished by detention for a period not exceeding the time of one year and by a fine which will not exceed the amount of  Dh10,000.The Dubai Human Resources laws have put a legislation to guard employees as per Article 206, which stipulates that employees can submit a written work-related grievance to a Complaints Committee and Human Resources about work environment and tools, physical abuse, offensive language, spreading gossips and rumors, humiliation of the workers and their ideas, verbal or written harassment, sexual harassment and much more.

Same Sex Harassment

It is not hard to believe that people with the same sex can harass each other, this basically means the harassment which they face in the workplace at the time of appointment and when they are about get promoted to a better post and they just held back because of this treatment. To support the cause even the head of Al Faiza Advocates and Legal Consultants, Fayza Mousa gave the statement that the new law laid down will help the women to fight against harassment of women in workplace which include inappropriate touching , staring , passing unnecessary comment about their body or appearance , sending obscene text message which include picture or video or pornography material and soliciting sexual favour , she even pointed out that very few the victims of the workplace harassment go to their HR to file a complaint let alone to the police and even less go to the court , she argued that this was because of the victim were ignorant about their right on how to deal with the sexual harassment .Victim also fear loss of job or to face humiliation from their own colleagues and repercussions in their house and effect on family but the new law laid down by the authorities will encourage and ensure the victim of sexual harassment to come forward and that these victim are properly treated and given the same respect and dignity in society

Preventing Sexual Harassment

WRPL prohibits molestation against woman. Under this requirement, first in situ, the employer is prohibited from conducting any molestation towards female employees. However, it should be noted that from its wording, the law fails to mandate the employer the duty to confirm the workplace free from molestation. Nevertheless, combining the primary employer’s obligation given by ODPL, i.e., to shield psychological health at workplace, it implicitly impose the duty on the employer to shield female workers from the molestation, for the rationale that exposure to molestation would have, inter alia, negative psychological consequences via a women in organizational settings, and their psychological health.

Conclusion

In my opinion Since the ‘Right to Work’ depends on the supply of a secure working environment and so the proper to life with dignity, the hazards posed by harassment must be removed for these rights to possess a meaning work place harassment is one of the worst thing that is happening in our society, after a huge struggle the women are finally able to get a job but this workplace harassment which again reduces their moral and which again demotivates them form working .To prevent this the government of each and every country has taken efforts to stop this and spread awareness to the people and by even making sure that the companies make each and every member of the company aware about these policies that their companies will take against any person who try to sexually harass any employ whether male or female. The companies and the government should take initiative through campaigns to make the women aware of their right relating to the protection against workplace harassment and how they can save themselves form this event and what all remedies are provided to them by the government . In the end I would like to say that everyone has right to work so don’t stop the female from using it and let them explore new thing and let them feel wanted in the organization

The workplace should be a safe haven for every employee and any form of sexual harassment done by one employee to another must not go unpunished. Do not hesitate to contact a lawyer so we can bring these offensive acts to a close.

About Author

Vidur Dhawan

Vidur has provided legal advice and support to dominant names in various industries in UAE, Asia, Europe, and across the globe. His passion towards the art of cross-examination and understanding human instinct made him a skillful defense attorney that plays crucial roles in maintaining the perfect balance between business and legal guidelines for various multinational organizations. Having received many appreciations for document drafting and the art of internal organizational investigations, Vidur has worked with high-profile clients obtaining favorable results.

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