Understanding Sexual Harassment of Women at Workplace | UPSC

Introduction

• Sexual harassment of women at the workplace is a pervasive form of gender discrimination that infringes upon their fundamental rights, including the right to equality under Article 14 and the right to dignity and a safe environment under Article 21 of the Indian Constitution. This harassment not only undermines women’s professional development but also compromises their overall well-being by creating an unsafe and hostile work environment.
• The tragic recent case of the rape and murder of a female doctor in Kolkata has brought to the forefront the alarming conditions under which women work, regardless of whether they are in organized or unorganized sectors.
•  Additionally, the Justice Hema Committee’s recent report on the Malayalam film industry has revealed deep-rooted issues such as sexual abuse, gender discrimination, and the exploitation of women.
• Despite the existence of numerous laws aimed at protecting women from workplace harassment, such incidents continue to persist. 

Key Findings of the Justice Hema Committee Report

• Sexual Demands in the Industry: Women entering the film industry frequently encounter pressure to engage in sexual activities to secure roles. This exploitative practice, known as the “casting couch,” is pervasive. The report also highlights the frequent occurrence of vulgar remarks from male colleagues and harassment by intoxicated co-actors.
• Harassment and Torture: Women in the industry face various forms of sexual harassment, including physical abuse and online threats. Those who resist such advances often face verbal abuse, discrimination, and professional setbacks.
• Lack of Basic Facilities and Safety: Many workplaces, especially in outdoor settings, are inadequately equipped with essential facilities like restrooms and changing areas. This lack of basic amenities contributes to health issues, such as urinary infections, among female workers.
• Silencing through Bans: The industry often uses unofficial bans and threats of exclusion to silence women who speak out against harassment. A powerful network of male industry leaders controls these practices, making it difficult for women to challenge them without risking their careers.
• Gender Discrimination: The report exposes significant gender disparities, including wide gaps in pay between male and female actors. Junior artists often endure harsh working conditions, including excessive working hours without adequate compensation.
• Breach of Employment Contracts: The non-fulfillment of employment contracts is rampant, leading to many actors and technicians being underpaid or unpaid for their work.

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Status of Sexual Harassment of Women at Workplace in India

National Crime Records Bureau (NCRB) Statistics: 

• • Data from the NCRB reveals that over 400 cases of sexual harassment at the workplace are reported annually from 2018 to 2022.
  •  Specifically, in 2020, the NCRB reported 578 cases, indicating a persistent issue across various sectors in India. This data, while substantial, is widely considered an underestimation due to underreporting, particularly in rural and informal sectors.

Prevalence of Harassment: 

• • According to a study by the Ministry of Women and Child Development in 2019, nearly 70% of working women in India reported experiencing some form of workplace harassment, although only a fraction of these incidents were officially reported.
  •  The ministry’s report also highlighted that 56% of these cases occurred in the informal sector, where enforcement of the POSH Act is particularly challenging.

Increase in Complaints: 

• • The Ministry of Labour and Employment data shows a significant rise in complaints reported under the POSH Act. Complaints increased from 161 in 2013-14 to 1,160 in 2022-23, demonstrating greater awareness and enforcement of the act. 
  • Additionally, the Lok Sabha was informed in 2022 that the number of complaints had more than tripled in the organized sector from 2015 to 2020, reflecting a growing recognition of women’s rights in the workplace.

Workplace Surveys: 

• • A government survey conducted by the National Commission for Women (NCW) in 2020 found that 75% of women in government jobs had faced some form of harassment, with the majority of complaints involving verbal abuse or inappropriate advances. 
  • Furthermore, data from the Ministry of Corporate Affairs revealed that in 2021, out of the total sexual harassment complaints reported in corporate offices, 30% were from women in the IT and BPO sectors, highlighting specific vulnerabilities in these industries.

Government Action: 

• • In 2021, the Government of India launched the “SHe-Box” (Sexual Harassment Electronic Box), an online portal to enable women to file complaints of workplace harassment directly to the Ministry of Women and Child Development. 
  • As of 2023, the portal received over 1,200 complaints, with a majority coming from women in the private sector.
  •  The government has also undertaken various awareness campaigns, resulting in a 35% increase in reported cases in 2022 compared to 2020.

POSH Compliance Reports: 

• • According to data from the Ministry of Corporate Affairs, as of 2022, over 50% of registered companies had not yet complied with the requirement to form an Internal Complaints Committee (ICC), particularly among small and medium enterprises (SMEs). 

Existing Initiatives to Address Sexual Harassment at Workplace

POSH Act, 2013:

• • Objective: To ensure a safe working environment by preventing and addressing sexual harassment.
  • Broad Definition: Sexual harassment includes unwelcome advances, requests for sexual favors, and any other verbal or physical conduct of a sexual nature.
  • Internal Complaints Committee (ICC): Every organization with more than 10 employees is mandated to have an ICC to handle complaints.
  • Local Complaints Committee (LCC): For smaller organizations, LCCs are constituted at the district level.
  • Penalties: Non-compliance with the act can result in fines up to ₹50,000 for employers.
  • Bhartiya Nyay Samhita: This new criminal law treats sexual harassment involving false promises of marriage or employment as a serious offense, comparable to rape.

Legal Framework Prior to the POSH Act: 

• • Before the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, sexual harassment cases were primarily addressed under provisions of the Indian Penal Code (IPC).
  • Specifically, Section 354 dealt with the assault or criminal force used to outrage a woman’s modesty, while Section 509 addressed actions, words, or gestures intended to insult a woman’s modesty.

International Commitment – CEDAW:

• • India is a signatory to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), signed in 1980 and subsequently ratified. 
  • This commitment reflects India’s obligation to implement measures that eliminate discrimination against women, including the prevention of sexual harassment in the workplace.

Vishaka Guidelines (1997): 

• • In a landmark judgment in 1997, the Supreme Court of India established the Vishaka Guidelines, which were the first formal legal framework to address sexual harassment at the workplace. 
  • The Vishaka Guidelines served as the foundation for the later development of the POSH Act.

Ministry of Women & Child Development (MWCD) Initiatives:

• • Handbook on Sexual Harassment at Workplace: The MWCD has published a detailed handbook that provides guidance on recognizing and addressing sexual harassment at the workplace. 

SHe-Box (Sexual Harassment Electronic Box): 

• • To streamline the process of reporting workplace harassment, the MWCD introduced the SHe-Box, an online complaint management system. 
  • Women can register complaints of sexual harassment through this portal, which then automatically forwards the complaint to the appropriate Internal Complaints Committee (ICC) within the relevant organization. 

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Reasons for Sexual Harassment at the Workplace in India

Power Imbalances and Gender Inequality:

• • Male-dominated workplaces often lead to the exploitation of women, who may feel compelled to tolerate harassment to maintain their jobs.
  • In 2022, Hari Krishnan Nair, the CEO of Great Learning, was accused of exploiting female employees by offering promotions and professional benefits in exchange for sexual favors. 

Lack of Awareness and Training:

• • Many organizations fail to provide adequate training on sexual harassment, resulting in a lack of awareness about legal rights and procedures.
  • A 2023 study by the National Commission for Women (NCW) found that over 70% of small and medium enterprises (SMEs) in India had not provided formal training on sexual harassment and legal rights under the POSH Act to their employees. 

Inadequate Implementation of Laws:

• • The lack of proper implementation of the POSH Act, particularly in informal sectors, exacerbates the issue. 
  • A 2024 survey by The Udaiti Foundation revealed that 59% of organizations had not established the required ICCs.
  •  For instance, in the garment manufacturing industry in Tamil Nadu, workers reported that while ICCs were listed on paper, they were often non-functional, leaving many harassment cases unresolved and unaddressed.

Effectiveness of ICCs:

• • The effectiveness of ICCs is often compromised by issues like lack of confidentiality, bias, and interference from powerful individuals.

Fear of Retaliation:

• • Many women are reluctant to report harassment due to fear of retaliation, such as job loss or blacklisting. For instance, actress Parvathy faced online rape threats and a decline in film roles after speaking out against industry misogyny.
  • In 2019, actress Parvathy Thiruvothu faced severe backlash, including online rape threats and a noticeable decline in film roles, after she spoke out against misogyny in the Malayalam film industry. 

Cultural and Social Norms:

• • Prevailing cultural norms often downplay the seriousness of sexual harassment, making it difficult for victims to seek justice.
  • In 2021, a school teacher in a rural village in Uttar Pradesh faced community ostracization after she reported sexual harassment by the local school principal. Despite the severity of the harassment, the community sided with the principal, pressuring the teacher to withdraw her complaint and eventually forcing her to leave her job and the village. 

Lack of Basic Facilities:

• • The absence of essential facilities like toilets and changing rooms in certain sectors increases vulnerability to harassment.
  • A 2023 survey by the All India Trade Union Congress (AITUC) found that over 60% of female workers in the construction sector lacked access to proper toilet facilities and changing rooms at worksites. The absence of these basic amenities not only poses health risks but also makes women more vulnerable to harassment, as they are often forced to use unsafe, secluded areas.

Implications of Sexual Harassment at the Workplace

Individual Impact:

• • Emotional and Physical Distress: Victims often suffer from anxiety, depression, and other mental health issues, alongside physical ailments such as sleep disorders and weakened immune systems.
  • Career Impact: Harassment can result in reduced job satisfaction and hinder career progression. According to a 2019 McKinsey report, 35% of women in India have considered leaving or pausing their careers due to harassment.
  • A 2021 study by the National Institute of Mental Health and Neurosciences (NIMHANS) reported that nearly 60% of women who experienced workplace harassment suffered from anxiety and depression. The study also found that these women were at a higher risk of developing chronic physical conditions, such as sleep disorders and cardiovascular problems, due to the prolonged stress associated with harassment.

Career Impact:

• •   Decreased Productivity: A toxic work environment leads to lower employee productivity, absenteeism, and diminished motivation, significantly impacting the organization’s performance. World Bank estimates suggest that this costs India between $6 to $10 billion annually.
  • Legal and Financial Consequences: Organizations that fail to address sexual harassment may face costly lawsuits and financial penalties, with some cases resulting in multimillion-dollar settlements.
  •  In 2021, the Government of India imposed a ₹1 crore fine on a multinational company for failing to adequately address multiple sexual harassment complaints filed by female employees. This case, reported by the Ministry of Corporate Affairs, serves as a warning to organizations about the financial risks of non-compliance with the POSH Act and the importance of maintaining a safe workplace environment.

Societal Impact: 

• • Sexual harassment perpetuates unsafe conditions for women, undermining social norms and eroding their dignity and empowerment. 
  • A 2021 survey conducted by the National Family Health Survey (NFHS) showed that nearly 48% of women in urban areas believe that society is becoming increasingly tolerant of harassment due to inadequate enforcement of laws and cultural norms that stigmatize victims rather than perpetrators. This shift in social norms undermines efforts to create a safe and equitable environment for women in the workplace and beyond.

Way Forward

Implementing Justice Hema Committee Recommendations:

• • Tribunal Establishment: Enact the “Kerala Cine Employers and Employees (Regulation) Act, 2020” to create an independent tribunal led by a retired district judge to handle harassment cases in the film industry.
  • Mandatory Written Contracts: Ensure that all industry employees have written contracts that protect their rights, including provisions for safe working conditions.
  • Gender Awareness Training: Make gender awareness training mandatory for all industry members, with materials available in local languages.
  • Incentives for Gender-Just Films: Provide financial incentives for films promoting gender justice.
  • Ban on Alcohol and Drugs: Prohibit the use of alcohol and drugs in film workplaces.
  • Addressing Cyberthreats: Implement measures to protect women from online harassment.
  • Comprehensive Film Policy: Develop a policy that ensures gender equality in all stages of film production and distribution.

Strengthening Measures Across All Sectors:

• • Enforce Legal Frameworks: Ensure strict compliance with the POSH Act by establishing and empowering ICCs in all organizations.
  • Internal Policies: Implement clear policies outlining prohibited behaviors and procedures for reporting harassment.
  • Fair and Confidential Investigations: Ensure that all complaints are handled with impartiality and confidentiality to foster trust and accountability.
  • Inclusive Workplace Culture: Promote a culture of respect and inclusivity by encouraging discussions about sexual harassment and supporting gender equality initiatives.
  • Support for Victims: Offer psychological and legal support to victims to help them recover and seek justice.
  • Regular Monitoring: Conduct regular audits of workplace policies and training programs to ensure their effectiveness and make necessary improvements.
  • Self-Defense Training: Provide women with self-defense training, particularly in high-risk sectors, to empower them to protect themselves.

Justice Verma Committee Recommendations:

• • Inclusion of Domestic Workers under POSH Act: Extend legal protections to domestic workers, who are often vulnerable to harassment.
  • Employment Tribunal Establishment: Create an independent tribunal to handle cases of sexual harassment, reducing reliance on internal committees that may lack impartiality.
  • Extend Complaint Filing Deadline: Remove the three-month limit for filing complaints to give victims more time to report incidents without pressure.