Prevention of sexual harassment act with respect to men by Mayank Malhotra (Intern)

According to the Act, Sexual Harassment is the act or behaviour which is unwanted or unwelcomed. It can be in various forms like verbal, visual, physical, and written. Also, it can be either directly or by implications, like physical contact and advances; direct demand or request for sexual favours; making sexually coloured remarks; instances of showing pornography; etc. 

Types of Sexual Harassment:

• Quid Pro Quo Harassment

• Creating Hostile environment for sexual harassment

Quid Pro Quo Harassment: It is the kind; the harassment would be taken place by a person who is in power over other. For example: sexual favors or demands made by superior persons to their juniors in order to give them benefits like promotion or high incentives or to avoid demotion, etc. 

Creating Hostile Environment: Harassment can be made by some severe conducts which may be unwelcomed or offensive which creates a hostile environment. Conducts like continuous demand for sexual favors, continuous requests for dating, kissing, hugging, making sexually colored remarks, showing pornography can be some examples which lead to the creation of hostile work environment. It would become difficult for women to survive in this condition. It leads to negative effects like increased absenteeism, decreased efficiency, etc.

Laws dealing with sexual harassment:

INTERNATIONAL FRAMEWORK

Universal Declaration of Human Rights:

• According to Article 1, every person is equal rights in terms of dignity. 

• Article 3 talks about the right to life and personal liberty for all human beings.

• Article 5 states that treating any human with cruelty or inhumane or degrading behaviour is prohibited.

• Article 7 talks about the equality, every person shall get equal protection against any kind of discrimination. 

• Article 23 contains provisions about right to work and equal pay for equal work without any kind of discrimination. 

Convention on Elimination of All Forms of Discrimination against Women: 

• Article 11 of the convention contains provision for prohibition of discrimination at work based on gender.

INDIA

Constitutional Provisions:

• Preamble of our constitution talks about securing of equality of status and opportunity to all the citizens. Sexual harassment may be proved against this basic idea of constitutional frame workers.

• Article 14 talks about the equality and states that every citizen 

• Article 15 prohibits all kind of discrimination based on sex, religion, caste, race, etc. and Article 19 (1) (g) allows every person to practice any profession and to carry out any occupation. And sexual harassment at workplace can lead to discrimination on the basis of gender and deny the person to practice any profession, hence violative of Article 15 and 19.

• Article 21 contains provisions of right to life and personal liberty and states “No person shall be deprived of his/her personal liberty except the procedure established by law.” Sexual Harassment violates this right to live with human dignity.

Having forces of a common court and having a decent blend of representative individuals (male and female) just as a nonpartisan outer part, is the best underwriter against abuse of the Act. The administration of each association presently has a personal stake in guaranteeing that they have a very much prepared IC that can hear and unbiasedly arbitrate on issues of inappropriate behaviour. It must be recalled that since the IC needs to work as a court, they need to follow standards of common equity (which expects them to hear the two gatherings) and pass by the proof before them, preceding passing a request. The Act likewise bears the two gatherings, the chance to record an intrigue in a higher court, should they not concur with the decision of the IC. Significantly, the Act makes the documenting of bogus objections culpable – that implies anyone who is blameworthy of recording a bogus grumbling can confront a similar discipline as one who is liable of inappropriate behaviour. This is a critical arrangement that can give comfort against bogus grumblings of inappropriate behaviour. The time of confinement endorsed in the Act - an objection can be recorded uniquely inside a most extreme time period of a half year from the date of the last occurrence of inappropriate behaviour additionally limits odds of abuse of the Act.

Is it Just for Women?

What a great many people are ignorant of is the way that the Act doesn't simply secure ladies who are workers – yet in addition ensures ladies who are clients, guests, sellers, specialists, assistants and so on. Hence, most associations need to prepare their IC's to hear grievances of inappropriate behaviour regardless of whether they are from ladies who aren't on the moves of that organization. This is a decent segue into another fantasy – we have not many or no female representatives, along these lines we don't have to go along. The Act makes it obligatory for each association with in excess of 10 representatives to agree. There are definitely no exemptions. Rebelliousness has genuine repercussions – remembering for the brand of the association notwithstanding punishments that might be forced under the Act. 

The other fantasy concerning the Act manages the meaning of a Workplace. Most businesses and representatives are unconscious that the working environment has been given an extremely liberal definition and furthermore covers episodes of inappropriate behaviour that happens outside the workplace. Regardless of whether two workers are out at a bar, café and so on voluntarily and one of them faces inappropriate behaviour on account of the other, that spot turns into a work environment inside the significance of the Act as their relationship has emerged out of their work with their association. 

The Act has made it required for each association to make mindfulness – consequently every association must guarantee sufficient preparing to every one of its representatives which must incorporate dissipating of fantasies regarding the Act, just as help in sex refinement, feature rights, obligations and duties of each worker.