Protection of Women for Sexual Harassment Case

INTRODUCTION
Sexual harassment at workplace is a universal problem in the world whether it be a developed nation or a developing nation like our country India or an underdeveloped nation, atrocities and cruelties against women is common everywhere. Today’s world is accustomed to the term Sexual harassment. Sexual Harassment can be identified as a behavior. It can in general terms be defined as an unwelcome behavior of sexual nature. Sexual harassment at workplace is a universal problem in the world whether it be a developed nation or a developing nation or an underdeveloped nation, atrocities and cruelties against women is common everywhere. It is a problem that has a negative effect on both men and women. It is seen to be happening more with women’s gender as they are considered to be the most vulnerable section of the society these days. Sexual harassment therefore is a serious problem in the workplace and it has become one of those issues that receive a lot of negative attention.

What is Sexual Harassment?
Sexual harassment has been identified as a term which is difficult to define as it involves a range of behaviors. Efforts have been made at both national and international levels to define this term effectively. Often, the term is subjected to different interpretations. Some believe that it is better not to mingle with female colleagues so that one does not get embroiled in a sexual harassment complaint. The reality of sexual harassment incidents at the workplace is that there is more to worry about under-reporting, than people misusing the law.

Legal Overview about Sexual Harassment in India:
In 1997, in the landmark judgment of Vishaka and others v. State of Rajasthan (1997) 6 SCC 241, AIR 1997 SC 3011, the Supreme Court of India defined sexual harassment at the workplace, pronounced preventive, prohibitory and redress measures, and gave directives towards a legislative mandate to the guidelines proposed.

Sexual Harassment includes many things:

1. Actual or attempted rape or sexual assault.
2. Unwanted deliberate touching, leaning over, cornering or pinching.
3. Unwanted sexual teasing, jokes, remarks or questions.
4. Whistling at someone.
5. Kissing sounds, howling and smacking lips.
6. Touching an employee’s clothing, hair or body.
7. Touching or rubbing oneself sexually around another person.

Indian Constitution on Sexual Harassment-
Sexual harassment clearly violates the fundamental rights of a women to Equality under Article 14 which is Equality before law and Article 15 which is Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, her right to life and right to practice any profession and carry on any occupation, trade or business which is under Article 21 and her Right to safe environment free from sexual harassment under Article 19(1)(g).

Preventive Steps-
All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without chauvinism to the generality of this obligation they should take the following measures:

• Express prohibition of sexual harassment at the work place should be notified, published and circulated in appropriate ways.
• The rules of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for adequate and appropriate penalties against the offender.
• 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.
• 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 work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Committee for Protection of Women for Sexual Harassment:
As per the guidelines issued by Hon’ble Supreme Court of India and CBSE instructions vide CBSE/Admn.I/14(6)/2004 dated February 16, 2004 on Sexual Harassment of Women and Students at work place, Moti Lal Nehru Public School set up the Committee on May 04, 2019. The committee comprises of the following members: