Published on August 31, 2011
Female emancipation is touching new highs with more and more women entering the workforce. But this comes with its own woes as sexual harassment is an increasingly common occurrence in almost all offices.
Men – employers, superiors, colleagues, subordinates, clients, routinely take advantage of unequal relative terms and positions of authority and consider women employees ‘easy prey' because of their sexually vulnerable position.
The offensive misdeeds range from unwelcome sexual innuendos, vulgar jokes, leering, staring at body parts, obscene messages/pictures and unwanted requests to lewd physical contact like intentionally brushing, patting, groping, pinching, hugging and even outright molestation/ rape.
The ‘casting couch' is another burning issue as superiors play the power dynamics card and insist on trading sexual favours for getting something, at times even making it a condition of employment!
Such harassment eventually takes its toll on the wronged women's self-esteem and integrity as they start feeling humiliated, degraded, violated and outraged. The hostile, uncomfortable environment is bound to interfere with their work performance too!
Silent victims
Yet, most women meekly accept the offensive acts as an ‘occupational hazard' and either choose to suffer in silence, take a transfer or even quit the job. Sexual harassment seems like an inescapable part of work and they are reluctant to report the offenders due to the overpowering fear of reprisal that can make them lose the job or jeopardise their career (blocked promotions, victimisation in work assignments, etc.)
Moreover, the social stigma, loss of reputation, ridicule and further hostility adds to the feeling of hopelessness.
This is further compounded by biased management rulings which habitually blame women for provoking the impropriety and female complainants are often labelled troublemakers or advised to let it pass.
Little wonder then that despite the incidence, hardly any cases are ever reported.
A criminal offence
Women have the fundamental right to gender equality, life and liberty and no discrimination – any infringement of the same is a crime. In fact, sexual harassment and gender stereotyping is against the law!
Following the path-breaking case of Vishakha and others V. State of Rajasthan and others (where a social worker, Bhanwari Devi was gang raped by a group of upper class, influential men, because she tried to stop the insidious practice of child marriage), the Supreme Court passed 12 guidelines in 1997 that have the force of law and are binding on the government, public and private sector.
These guidelines describe offensive conduct as any unwanted physical contact or advances, demand or request for sexual favours, sexually coloured remarks or showing pornography and provide for the initiation of criminal proceedings where sexual harassment is proved beyond doubt! Moreover, there are many provisions in other legislations like Section 354, IPC (dealing with “assault or criminal force to a woman with the intent to outrage her modesty”) and Section 509, IPC (dealing with “word, gesture or act intended to insult the modesty of a woman”).
There is recourse
It is high time that as working women we change our mentality and stop tolerating the abominable treatment meted out as inevitable and unacceptable. If you remain silent, it is akin to inviting more overtures and will also embolden the guilty party!
Instead, overcome fear and express strong resistance/disapproval the very first time by directly and firmly asking the perpetrator to stop. Be clear and unequivocal without apologising or even smiling.
If it continues, protest loudly so that others become aware of the misbehaviour. Else, you can even write a letter asking the harasser to stop the objectionable behaviour and keep a copy.
If needed, discuss the problem with co-workers and garner support as others may be suffering in silence too.
It is imperative to document everything that transpires – every incident or conversation that involves sexual harassment including date, time, place, who was present and what occurred.
If the harassment still doesn't end, you have options –report to your immediate senior/HR, file an FIR with the police or go to the court of law. Here, you can recover damages ranging from lost wages, future lost wages and attorney fees to punitive damages and emotional distress.
Women will get justice more times than not as the onus is on the offender to prove his innocence!
Apart from this, most people are unaware of the Supreme Court guidelines and the redress available. They provide that the employer organisation is responsible for safeguarding the interests of women employees, discouraging/preventing sexual harassment as well as providing remedial/prosecution measures for the same.
Apart from providing safe working conditions, every organisation should also constitute a complaints committee with requisite representation of women.
So, check your employee manual on how to invoke the complaints mechanism and remember that every company is required to investigate and correct the sexual harassment under the law, that too impartially and confidentially.
Then again, it is essential for women to maintain their self-respect and dignity.
If someone is sexually harassing you, first and foremost protect yourself by keeping a safe distance, avoiding attracting undue attention and ensuring there are witnesses in every interaction.
As Ishika Agarwal (name changed), a top manager with a leading firm advices, “Avoid hanging out after office hours and maintain a group discussion at an official outing!”
Remember that ignoring or minimising sexual harassment will not make it go away. Change jobs if you want, but there will always be a possibility you will face harassment again! So, try standing up for yourself.
Payal Chanania
