Sexual harassment is the work done by people with a distorted mentality of our society, which corrupts the society. As we have already said that sexual activity done under pressure without your will and consent is called sexual harassment. You can prevent yourself by sexual harassment in the workplace, if you know how to deal with it. Read our complete blog for better knowledge to know compete details of how to learn and deal with sexual harassment at workplace.
What Is Sexual Harassment in Workplace?
Sexual harassment is a kind of sexual behavior by someone that is unwanted by you and causes offense that also makes you uncomfortable and you can also say that it is an unwelcome behavior of a sexual nature that has the purpose or effect of violating someone dignity or creating an intimidating, degrading, humiliating or offensive environment for them.
Sexual harassment can be done in three ways…
- Physical Sexual harassment
- Verbal Sexual harassment
- Visual Sexual harassment
Sexual harassment in the workplace may include:
- Sharing sexually inappropriate images or video
- Sending suggestive letter notes or emails.
- Making inappropriate sexual gestures.
- Inappropriate touching.
It is a legal phenomenon, developed to eliminate discrimination and sexism against women in the workplace. The term is frequently being reinterpreted and expanded in law and judicial decisions.
What Constitutes Sexual Harassment?
In most cases, the sexual harasser is someone you know. Apart from this, the person who sexually harasses you can also be a member of your family, a friend, acquaintance and stranger. In many cases it is seen that such activities are also done by some eminent or powerful person of the society.
Sexual harassment has become a serious problem of the present society. Any type of sexual activity that does not have your consent is called sexual harassment.
This is sexual activity done entirely against your will. This includes making any physical contact with you. This can happen not only to women, but also to children and men. There are many types of sexual harassment, which involve a wide range of activities. A victim of sexual assault needs special support in which his family plays an important role. Sexual harassment affects your health in many ways. It causes your problem both physically and emotionally. If someone is sexually harassing you, you need someone’s help to raise their voice against it.
If this happens, you first go to a safe place. After reaching a safe place, seek police help and appropriate medical help. Apart from this, resort to counselling to keep the feelings arising in your mind in moderation. The most important thing is not to hold yourself responsible for sexual harassment.
What Actions Constitute Sexual Harassment?
Touching against or trying to touch: If a swimming coach touches a student to teach him swimming, he will not be called sexual harassment. But if he touches the student outside the pool, after class is over and she feels uncomfortable, it is sexual harassment.
Seeking or expecting a physical relationship / sexual relationship: If the head of the department asks a junior to form a physical relationship by luring them to promotions, it is sexual harassment.
Talk about obscene sexual nature: If a senior editor tells a young trainee / junior journalist that she can become a successful journalist because she is physically attractive, it is sexual harassment.
Showing pornographic images, movies or other content: If your co-worker sends you pornographic videos against your will, it is sexual harassment.
How can Employers Protect themselves from Sexual Harassment Claims?
In 2013, the Sexual Harassment of Women Act was passed at the workplace. This act applies to institutions where more than ten people work. The Act came into effect on 9 December 2013. As its name explains its purpose prevention, prohibition and redressed and in case of violation, it also serves to provide redress to the victim.
The Act adopts almost all the guidelines laid down in the Visakha case and also encompasses a number of other provisions such as: have given powers to the Grievance Committees in the Civil Court to collect evidence; If the employer fails to meet the provisions of the Act, it will have to pay a fine of more than Rs 50,000, these Acts are non-organized sectors in their field such as daily wage workers in contract business or maids or house workers who come in etc. Also includes
Thus, this act is a tactic for working women to combat the risk of sexual harassment at the workplace. It streamlines the guidelines laid down in the Visakha judgment and mandates a statutory obligation on employers to comply with its provisions. Thus, the Act may be called a right step but it is not completely lossless and still needs improvement. Even now, the victim has to find criminal measures under the Indian Penal Code to get complete justice. And then, criminal complaint is filed under section 354 which is not a special section of sexual harassment at the workplace but a general provision.
What Does This Law Do?
This law makes sexual harassment of women at the workplace illegal. The statute identifies various types of sexual harassment, and provides details of how a complaint can be made in the event of sexual harassment at the workplace. This law is made for every woman who has been sexually harassed at any workplace. In this law, it is not necessary that the workplace where the woman has been harassed, she works there. The workplace can be any office / office, whether it is private institution or government.