Prevention of Sexual Harassment to Women At Workplace in India
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Prevention of Sexual Harassment to Women At Workplace in India
Group No. 7
Santosh Shetty : 44 Derryl George : 05
Manoj pathak : 35 Sudham Shetty : 44
Santosh Singh : 48 Rasesh Shah : 60
Prevention of sexual harassment to women at workplace in India by:
Increasing awareness of target adopter group about the legal protection available to them as per Indian law.
Opening a call centre for free and fair reporting
Conducting workshops with various employers about their duties towards women at workplace regarding prevention of sexual harassment.
Unwelcome sexually determined behavior, (whether directly or by implication) as:
Physical contact and advances
A demand or request for sexual favors
Sexually colored remarks
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Whoever assaults or uses criminal force to 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.
Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognizable and bailable offences).
if an individual harasses another with
books, photographs, paintings, films,pamphlets, packages, etc. containing "indecent representation of women"; they are liable for a minimum sentence of 2 years. Further section 7 (Offenses by Companies) holds companies where there has been "indecent representation of women" (such as the display of pornography) on the premises guilty of offenses under this act, with a minimum sentence of 2 years.
The employer should formulate a comprehensive sexual harassment policy to prevent sexual harassment .
A basic policy should set forth the following:
a clear statement that anyone found guilty of harassment after investigation will be subject to immediate and appropriate disciplinary action
a clear understanding and strict rules regarding harassment of or by third parties like clients, customers etc.
an express commitment to keep all sexual harassment complaints and procedures confidential and time bound;
The Supreme Court guidelines impose an obligation on the employer to set up a Complaints Committee to deal with the cases of harassment. Such a committee should:
In Rupan Deol Bajaj Vs. K PS.Gill, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab Mr. K P S.Gill at a dinner party in July 1988.
Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.
The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. 209 and 509 of the Indian Penal Code.
PROMINENT CASES ON SEXUAL HARASSMENT
K.Chopra’s case, is the first case in which the Supreme Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer of Apparel Export Promotion Council.
He was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article.21 of the Constitution.
30 percent of the country's approximately 2 million IT and business-process outsourcing workers are women.
Call centres have transformed the traditional working culture and have encouraged women to undertake night shifts
SudhaSundaraman, General Secretary of the All India Democratic Women’s Association, says women working often-unsociable hours are vulnerable to sexual harassment or exploitation. Women travelling to and from work in unsocial hours also have to exercise caution. The cases women on the way home from a night shift being raped and murdered are sad reminders of how dangerous Indian cities can be.
Sexual harassment has been found to be rife within India’s modern work places.
Identifying the highly probable sectors where likelihood of sexual harassment is rampant
Identifying the reasons which prevent female employees to report against such act
Identifying the support system which will encourage victims to report
Identifying the effective mode of communication to female employees
Find out the level of compliance by various employers among various sectors
Target Segments are:
“Say NO to SEXUAL HARASSMENT
FM / AM Radio
Social networking sites
It is going to be 5 year program except continuation of T0ll-free number
The program shall be conducted through an NGO SAMMAN.
1st year shall be used for research, test marketing and organisational structuring
Rest 4 years shall be used for dissemination of information to target adopter group
The toll free number shall be operated through HQ
Media planning shall be done in 1st year itself
Awareness campaign shall be launched from 2nd year onwards. Continuous feedback shall be collected to improvise upon communication.
Personal counselling sessions shall be carried out for victims and legal support shall be provided to them.
Workshops for employers shall be conducted throughout the country and various Govt officials will be involved to increase the credibility.
Program evaluation will be done thru:
Post campaign survey
Through Toll-free number
Through Post program evaluation
The feedback shall be used to revise the objective of the program.
Society needs peaceful co-existence between genders.
The recognition of sexual harassment as a legal wrong is an important step in securing human rights for women.
Long term aims and goal of harmony at both work and society at large should be kept in mind.
Activism through legal recourse is going to build up confidence amongst female employees.
It is in interest of Employers to ensure a safe and supportive atmosphere at workplace and the same will enhance the productivity of the organisation.