Sexual Harassment at the Workplace
Title : Practical Guide to the Laws relating to Sexual Harassment at the Workplace
Year of Publication : 2005
Publisher's Details : Universal Law Publishing Co.
Translation : English, Hindi, Bengali and Malayalam
In India, women are entering the formal labour workforce in unprecedented numbers. In light of this development, there is, more than ever before, a pressing need for the rights of women to be respected, protected and fulfilled, particularly in the workplace. The "right to work" encompasses the right to work free from sexual harassment.
Women's rights in the workplace are important for many reasons. The obvious reasons that come to mind are, of course, the right of women to be free from unwanted sexual comments and advances and touching and more. It is important to note, however, that the issue of sexual harassment at the workplace extends far beyond individual women and their happiness. It extends to workforce productivity, economic development, and much more.
It became clear to us at the Lawyers Collective a long time ago that as India entered into this new era of economic development, longstanding issues of SHW would have to be thought of in different ways. For example, issues of sexual harassment at the workplace could no longer be thought of by women's rights activists in one forum and private sector employers in another, with judges in a completely different realm. The need for public-private partnerships has become increasingly clear with the advent of this new era of women entering the workforce. We undertook this task, with the assistance of Oxfam, of producing a book that would assist women, employers, lawyers and society overall with the challenge of understanding Indian laws as applying to SHW.
While a vast body of law exists under which a claim of SHW may be made, until recently, SHW was not a concept recognized by Indian courts of law. Some notable decisions involving SHW include Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995) and Shehnaz v. Saudi Arabian Airlines (1996). In both cases, SHW was squarely recognized as a wrong under existing law.
Finally, in 1997, in response to the rising number of violent acts against women in the workplace and the appalling paucity of legislative responses to counteract such acts, the Supreme Court of India took a long awaited step of judicial activism and created a binding and enforceable set of rules designed to eradicate SHW. After Vishaka v. State of Rajasthan, persons such as employers not complying with the Supreme Court directives in that case attract liabilities for the breach of law.
We at the Lawyers Collective realized, based on our extensive experience interacting with women victims of SHW, that there still remains an alarming lack of clarity amongst the public as to the definitions pertaining to sexual harassment, obligations of employers and recourse available to the victims of sexual harassment in the workplace.
More specifically, we realized that there is a lack of collated information summarizing the Vishaka guidelines (which do not provide a comprehensive remedy for victims of sexual harassment) and other recourse available to women under criminal, tort, constitutional, contract and other laws. To facilitate increased awareness of sexual harassment law as it stands in India today, the Lawyers Collective Womens Rights Initiative (LCWRI") created this book. We seek to help you develop your understanding of how existing laws can be optimally utilized to protect the rights of women.
The objective of the Lawyers Collective, since its creation by a group of lawyers and activists in 1980, has been to demystify the law and make it accessible. We have projects set up dedicated to women's rights, HIV/AIDS and civil rights. This book is one small offering in the process to actualize safe and healthy working environments for all people.
Manual on Sexual Harassment at the Workplace
This book was written keeping in mind the fact that, while the need for specific legislation on SHW is clear, there is existing law that can be used to deal with SHW. Specifically, the issue of SHW attracts five areas of the law: Constitutional Law, Labour Law, Service Law, Civil Law and Criminal Law.
Chapter I discusses case law from jurisdictions throughout the world on the definition of sexual harassment and related issues. It also provides illustrations of types of sexual harassment, of wrongful ways in which employers may react to complaints of SHW, and outlines reasons why sexual harassment is not often reported.
Chapter II contains a discussion of Constitutional Law and of remedies available under Constitutional Law. Constitutional Law covers the public sector and anyone claiming a violation of a fundamental right.
Labour Law covers the public and private sectors. Under the Labour Law, there is a sharp distinction between workers and employers, and managers cannot be subject to disciplinary action. Service Law covers the civil service sector and provides a system of vigilance in which even top managers can be subject to discipline. Labour Law and Service Law are covered in chapters III and IV, respectively.
Employer Liability arises in both the Labour and Service Law contexts, depending on the type of workplace involved. In this book, Employer Liability is treated separately in chapter V in order to emphasize the importance of employers taking responsibility for providing a safe and healthy work environment for their employees.
Employees wishing to raise complaints against managers have recourse to the Civil Law, under which anyone claiming a civil wrong can file a suit. Civil Law and the procedures relating to civil suits are covered in chapter VI.
Above all of these areas of the law lies Criminal Law. The Supreme Court in Vishaka held that section 354 of the Indian Penal Code covers SHW. This provision and other provisions of the penal code that may be invoked in cases of SHW are discussed in chapter VII. Chapter VII also contains an easy to use guide to Criminal Procedure.
Given the number of remedies available under Indian law for a SHW complainant, this book seeks to set out relevant provisions under each area of the law described above, and to provide the reader with a concise analysis of remedies available under each. In so doing, we are not attempting to provide a comprehensive treatise on the bodies of law discussed as a whole, but rather to present the reader with accessible information on how the law works in relation to SHW.
Accordingly, each chapter sets out thorough, legally accurate information about the law as it relates to SHW. For each body of law, there is also an easy to read manual that makes understanding the laws, and our discussion of them, easier.
We have this book translated in Hindi, Malayalam and Bengali
For further information write to us at :-
wri.delhi@lawyerscollective.org