SEXUAL HARASSMENT

DEFINITION
The court defined sexual harassment in the workplace as an unwelcome sexual gesture or behaviour, whether directly or indirectly. This includes:
Sexually coloured remarks
Physical contact and advances
Showing pornography
A demand or request for sexual favours
Any other unwelcome physical, verbal/non-verbal conduct that is sexual in nature.

SHOWING THE WAY: SC GUIDELINES
1. All employers8230;, whether in the public or the private sector, should take appropriate steps to prevent sexual harassement8230; and take the following steps:
Express prohibition of sexual harassment
The rules and regulations of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
Private employers should take steps to include the 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 and no woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
2. Where such conduct amounts to specific offences under the Indian Penal Code or any other law, the employer shall initiate appropriate action in accordance with the law, by making a complaint with the appropriate authority.
3. Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
These guidelines are applicable to:
The employer or other responsible persons or other institutions to prevent sexual harassment and to provide procedures for the resolution of complaints;
Women who either draw a regular salary, receive an honorarium, or work in a voluntary capacity8212;in the government, private or organised sector come under the purview of these guidelines.

PREVENTIVE STEPS:
Guidelines should be prominently notified to create awareness about the rights of women employees.
Sexual harassment should be discussed at workers8217; meetings, employer-employee meetings and at other appropriate forums.
Employers should assist the persons affected in cases of sexual harassment by outsiders or third parties.
Both Central and State governments are required to adopt measures including legislations to ensure that private employers also observe these guidelines.
Employers must form a Complaints Committee which is to be headed by a woman. Half the members of the committee should be women.

KEY CASES
Rupan Deol Bajaj Vs. K.P.S.Gill: Senior IAS officer Rupan Bajaj was slapped on the posterior by then Chief of Police, Punjab, K.P S. Gill, at a dinner party in July 1988. Bajaj filed a suit against him, despite public opinion that she was exaggerating the gesture. The Supreme Court in January, 1998, fined Gill Rs.2.5 lakh in lieu of rigorous imprisonment for three months.
N. Radhabai Vs. D. Ramchandran: When Radhabai, secretary to D. Ramchandran, then social minister for state, protested against his abuse of girls in welfare institutions, he attempted to molest her and dismissed her in 1992. The Supreme Court in 1995 passed the judgement in her favour, with pay and perks from the date of dismissal.
A.K.Chopra: This is the first case in which the Supreme Court applied the law laid down in Vishaka8217;s case. Chopra, an employee of the Apparel Export Promotion Council, was charged with sexually harassing a woman employee. Chopra, who was dismissed from service, went to the High Court, which said Chopra had only tried to molest the clerk without actually doing so. But the SC struck down the High Court8217;s order.
Shehnaz Mudbhatkal vs Saudi Arabian Airlines: Shehnaz was subjected to sexual harassment by her boss in 1985, and dismissed when she complained to higher authorities. She won her case in 1996 when the Bombay labour court judged it to have been a case of unfair dismissal under the Industrial Disputes Act. It ordered her re-instatement with full back payment, perks and promotions.

THE LAWS
Amendments to the laws on sexual violence enacted in the last two decades have failed to cover sexual harassment. In the absence of a specific law, the SC guidelines and Sections 209 and 509 of the IPC, the Industrial Disputes Act and the Indecent Representation of Women Prohibition Act 1987 are used to try cases of sexual harassment. The National Commission of Women has drafted a Bill, Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Bill, 2006 that8217;s pending in Parliament.

ELSEWHERE
Approximately 15,000 sexual harassment cases are brought to the US Equal Employment Opportunity Commission each year. Media and government surveys estimate the percentage of women being sexually harassed in the US workplace at 40 to 60 per cent. The European women8217;s lobby reports that between 40 and 50 per cent of women employees have experienced some form of sexual harassment or unwanted sexual behaviour.

THE OTHER SIDE
While the majority of sexual harassment complaints come from women, the number of complaints filed by men is rapidly increasing. In 2007, 16 per cent of the complaints that the US Equal Employment Opportunity Commission got were filed by men. A 2006 government study in the United Kingdom revealed that 2 out of 5 sexual harassment victims are men.