ETHICAL ISSUE: SEXUAL HARASSMENT

SUBMITTED BY:
DEEPIKA DEVARAJAN
MMS 2ND YEAR
SPECIALISATION: MARKETING
ROLL # 09

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 INDEX

Particulars Page no.

1. CASE# 1: PHANEESH MURTHY…………………………. 3
2. CASE# 2: PRATHIBHA SRINIVASA MURTHY…………. 5
3. CASE# 3: ARUNA SHANBAUG……………………………. 6
4. WORKPLACE ETHICS……………………………………… 8
5. SEX, LIES AND MALICE AT THE WORKPLACE………. 11
6. TYPES OF HARASSMENT…………………………………. 15
7. EFFECTS OF HARASSMENT……………………………….. 19
8. SEXUAL HARASSMENT: THE INDIAN SCENARIO…….. 22
9. PREVENTON AND RESOLUTION………………………….. 27
10. THE MALE VIEWPOINT……………………………………... 43
11. CONCLUSION…………………………………………………… 45
12. REFERENCES…………………………………………………… 47

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 13.Case# 01: Phaneesh Murthy and Infosys

On 17 December 2001, Reka Maximovitch filed a sexual harassment case against Infosys
Technologies and its high-profile director (sales and marketing) Phaneesh Murthy. In
April 2003, Infosys closed the case with a $3-million out-of-court composite settlement.
That means that in return for the money, Maximovitch surrenders her right to sue either
the company or Murthy.

And while Maximovitch moved out of the picture with the settlement, Phaneesh Murthy
and the company have been on a war of words—press releases to be exact—in a case
that’s getting unseemly after the resolution.

TIMELINE
18 October 1999: Reka Maximovitch joins Infosys as Phaneesh Murthy’s assistant.
December 2000: Reka Maximovitch quits Infosys
January-June 2001: Reka takes out two restraining orders against Phaneesh; of which
she alleges at least one was violated
17 December 2001: Reka files a case against Phaneesh Murthy and Infosys for "sexual
harassment and wrongful termination"
January 2002: Phaneesh warns Nilekani of the possibility of a sexual harassment case
against him and the organization. Says he is innocent and the company is not at risk
23 July 2002: Phaneesh quits

25 April 2003: Case settled out of court for $3 mn, payable in a month

REKA’S COMPLAINT
Maximovitch alleges:
 "I was subjected to verbal sexual harassment, to unwanted sexual advances, and to
visual sexual harassment."

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 The organization failed "to take reasonable steps to keep harassment from occurring
and recurring".
PARA IX OF THE COMPLAINT
"Murthy repeatedly told the plaintiff that he was in complete charge of all of Infosys’ US
operations, that he answered to no one regarding how he ran the US offices, and that no
one in United States had the authority to compel him to take, or not to take, any action
regarding Infosys or its employees. The plaintiff observed that Murthy in fact had such
authority, that he hired and fired employees on whim, and that he took pride in his ability
to control people’s lives and careers in this way."

Despite his relationship with Maximovitch going public, Phaneesh

Murthy, on the other hand, has repeatedly claimed innocence. He said: "I was not guilty,
so I didn’t want to participate financially in the settlement."

As for Infosys —the company was among the first Indian IT companies to declare it had a
sexual harassment initiative to prevent just these kinds of incidents. And yet quite
obviously, those initiatives and HR practices failed miserably... making it also the first IT
company to have ever faced such a suit. So what went wrong? Where was that gaping
hole through which $3 million tumbled out?

Some of these questions will never be answered

CASE# 02
Prathibha Srikanth Murthy

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A taxi-driver raped and killed a 24-year-old call centre employee in Bangalore after
picking her up from home for an early morning shift.

Prathibha Srikanth Murthy, who got married recently, was picked up at about 2am on
Tuesday. But instead of taking her to her HP GlobalSoft call centre, the driver took her to
an underdeveloped suburb.

The crime came to light when Prathibha’s husband, a software engineer, lodged a missing
complaint with the police. Later on Tuesday, the driver confessed to raping and killing the
woman.

The driver had planned to molest the victim. But when she raised an alarm, he slit her
throat. It is surprising that the call centre did not provide escorts to woman employees. It
is a big negligence.

HP GlobalSoft officials were summoned by police to organise security for female

employees. They later said new security measures are being put in place.

HP GlobalSoft said the driver who killed their employee was assigned another route, but
the one who was to pick her up arrived a little late. “The driver who collected the
employee from her residence was unauthorized

The new measures have come a bit late in the day for Prathibha.

CASE# 03 ARUNA SHANBAUG

On June 1 this year, Aruna Shanbaug turned 60. But she'll never know that, just as she
has remained oblivious to all her birthdays since November 27, 1973.

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On that day, 25-year-old Aruna, then a nurse working at Mumbai's KEM hospital, was
attacked by a ward boy Sohanlal Bhartha Walmiki, while she was changing clothes in the
hospital basement. Walmiki first choked her with a dog collar, then raped and robbed her.

The asphyxiation cut off the oxygen supply to her brain. As a result, she has become
cortically blind her eyes can see but her brain does not register the images.

She was also diagnosed with brain stem contusion injury and cervical cord injury. She
cannot speak, emote, use her limbs or control her muscles. For 35 years, she's been living
a vegetative existence on a bed in KEM hospital.

Walmiki was convicted but while Aruna is serving a life sentence, he served a mere six
years in jail. The worst part: he was not sentenced for rape because he had not committed
the rape vaginally; it was anal.

The examination of Aruna, when she was found the next morning, was done with what is
called the finger test. Fingers inserted into vagina to check virginity she still was; so that
was that. At the time, Aruna was engaged to a junior doctor at the hospital.

The then hospital dean chose not to report the anal rape to the police in order to spare the
couple the public disclosure. The fiance was also discouraged from being a complainant.
Instead, a sub-inspector became the complainant because no one else was willing.

The judgment against the rapist noted "that the victim was menstruating and the accused
had gone there with the intention to rape". But as Bhartha was not charged with rape, he
was convicted only for attempt to murder and robbery. He was sentenced to seven years,
which was reduced to six because he had already served a year in lock-up.

After his release, Walmiki reportedly moved to Delhi. But Aruna has remained in a
twilight zone. She needs to be fed (mashed food), turned over once in a while, cleaned

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she can do nothing on her own. She does not need any medicines or even nurses. There's
just an ayah. And no one else.

Aruna's family asked for financial compensation and an apartment. They were refused and
that's when they abandoned her. Her fiance remained devoted to her till his marriage a
few years later.

Aruna was actually quite an ambitious girl. She had found a nice man, planned on a home,
kids as well as a consultancy or a nursing home with her husband. Now, there's no hope of
her recovery.

The above three cases are reported cases of sexual assaults against women at their places
of work. But there are several more which go unreported.

WHAT'S WORKPLACE ETHICS?

Workplace ethics, is a constant and evolving challenge that has direct impact on
businesses and reputation. Both management and employees have been trying to

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incorporate ethics into their office system that can help in retaining and attracting
employees and customers alike. A few of the interesting recalls from respondents on
unethical behaviour noticed by co-workers incude:

• Kolkata: Bribing for business purpose and sexual harassment

• Mumbai, Pune, Ahmedabad: False commitment to customers and harassment by
seniors
• Hyderabad: People who have side business are not 100% dedicated to work and
harassment.
• Chennai: Revealing client information to competitors and Boss having an affair
with the junior and treating others unfairly.

On the one hand there is the law, which deals with crime and punishment. On the other
there is religion, which deals with virtue and sin. Organizational ethics sits in between --
it goes well beyond the law, and links to the personal beliefs of employees, but its focus is
the corporation or association or government department. Such groups of people must
work together to achieve common goals, while also striving to do the right thing in a
complex, diverse world.

What ethics actually does is to help management and employees recognize moral
dilemmas in decision-making, and provide ways for these to be discussed and resolved. I
also try to strengthen common understanding of ethical norms that apply to modern
corporate life. Organizational ethics actually deals much more with creating and
maintaining a healthy corporate culture than with exploring philosophical ethics applied
to business.
Organizational values often include such traditional virtues as trust, loyalty and
commitment, honesty and respect for one another, and avoiding conflicts of interest.
Values may also include newer elements such as innovation, teamwork, customer focus
and continuous improvement. As more and more women are going out to work, they face
an increasing risk of being subjected to some sort of sexual harassment.

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Principles
Guiding principles set standards for the organization that go beyond the law in such areas
as:

• professionalism,
• accountability,
• avoidance of harassment and discrimination,
• occupational health and safety,
• truth in advertising,
• environmental protection,
• external communications to shareholders, clients and the public,
• the balance between transparency and openness on the one hand and
confidentiality on the other,
• community relations,
• lobbying,
• political activity,
• responsible business practice (prohibitions on bribery, gifts, nepotism, self-
dealing), and even
• business goals (such as becoming market leader).

Ethics programs
Successful codes are embedded in larger ethics programs designed to make sure that
everyone in the organization knows the values and principles and how to apply them to
their work. Communications programs might include a video for all employees, featuring
a personal promise to uphold certain values by the head of the organization, and frank
presentation of current issues by a cross-section of staff.

Training programs are of various sorts: integrated with other training or separate, self-
study or group work. A famous training program includes a game that brings large
numbers of engineers and other professionals together to solve ethical dilemmas that
reflect common workplace situations.

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Another piece of most ethics programs is an ethics advisory service, to give employees
impartial, confidential help. The advice might come on a hot-line from the corporate
ombudsman, or from an ethics counsellor or commissioner. Generally it should not come
from the company lawyer or staff relations officer.

An ethics program expands the effect of a code, but the question remains, is the code
really just warm words? There is no definitive answer. With constant attention to ethical
decision-making, ethics programs can act as preventive medicine, to avoid crises, and to
help resolve crises when they occur. However, you cannot create an ethics program in the
middle of a crisis in order to solve the problem -- no one would accept your good faith
without further proof.

Sexual harassment at the workplace is not a new thing. Sixty per cent of working women
have faced sexual harassment at some point of time in their working lives. For every
woman who raises an outcry, there are hundreds of others who suffer in silence, quit their
jobs or get transfers. For years, sexual harassment was considered an inescapable part of a
working woman's life. Now awareness is slowly rising that no woman should meekly
accept sexual harassment as part of her lot.

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 SEX, LIES AND MALICE AT THE WORKPLACE

“The courts assume that the workplace is asexual. People don't talk about, look at or
think about sex when they come to work. This may not be an accurate assumption, but
it underlies this requirement. Since the workplace is not supposed to be sexual, all
sexual behavior is presumed unwelcome.”
 Rita Risser, Managing Within The Law

With the exception of the stray, headline-grabbing account of sexual harassment, the
impregnable silence engulfing sexism and harassment in the workplace is yet to be
breached. The deliberate silencing at the behest of our social structures and organisational
might is oft confused with absence till a rare reported incident debunks the egalitarian,
equitous workplace myth, leading one to acknowledge what every professional knew but
dare not admit - women may have fought stereotypical roles of homemakers to enter the
workplace but organisational structures are still configured to view women through the
prism of gendered identities.

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Sexual harassment at the workplace, underscoring powerlessness of women, is a
manifestation of the insidious operation of patriarchal power that (en)codes women in
dominant, social stereotypes. Working women have faced hostility in countless subtle and
direct ways ranging from condescending attitudes, hostile men's leagues in organisations,
unequal pay, delayed promotions, sly remarks on plight of spouses of working women,
less than humorous remarks on women's appearance, flirtatious glances, direct request for
sexual favours. The social stigma against the victim and the prolonged litigation process
for justice thwarts most women from raising their voice.

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is described as harassment in subtle ways, which may include sexual
innuendoes, inappropriate sexual gestures and propositions for dates or sexual favours. In
more blatant forms, such harassment may include leering, pinching, grabbing, hugging,
patting, brushing against and touching. The Supreme Court's guidelines describe physical

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contact or advances; demand or request for sexual favours; sexually coloured remarks and
showing pornography as offensive conduct. Sexual harassment becomes even more
serious when the granting of sexual favours is made a term or condition of the individual's
employment, when it interferes with the individual's work performance or it creates an
intimidating or hostile work environment. The offensive conduct could be exhibited by a
superior, a colleague, a subordinate or a client.

“Sexual harassment is unwelcome attention of a sexual nature and is a form of legal and
social harassment. It includes a range of behavior from seemingly mild transgressions and
annoyances to actual sexual abuse or sexual assault.” (Dziech et al 1990, Boland 2002)
Sexual harassment is considered a form of illegal discrimination in many countries, and is
a form of abuse (sexual and psychological) and bullying.

The term sexual harassment began coming to public attention in the 1970s, starting at a
"Speak Out" in 1975 in Ithaca New York, USA. For many businesses, preventing sexual
harassment, and defending its managerial employees from sexual harassment charges,
have become key goals of legal decision-making. In contrast, many scholars complain
that sexual harassment in education remains a "forgotten secret," with educators and
administrators refusing to admit the problem existed in their schools, or accept their legal
and ethical responsibilities to deal with it.

Sexual harassment can occur in a variety of circumstances. Often, but not always, the
harasser is in a position of power or authority over the victim (due to differences in age,
or social, political, educational or employment relationships). Forms of harassment
relationships include:

• The harasser can be anyone, such as a client, a co-worker, a teacher or professor, a

student, a friend, or a stranger.

• The victim does not have to be the person directly harassed but can be anyone who
finds the behavior offensive and is affected by it.

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 • While adverse effects on the victim are common, this does not have to be the case
for the behavior to be unlawful.

• The victim can be male or female. The harasser can be male or female.

• The harasser does not have to be of the opposite sex.

• The harasser may be completely unaware that his or her behavior is offensive or
constitutes sexual harassment or may be completely unaware that his or her
actions could be unlawful.

One of the difficulties in understanding sexual harassment is that it involves a range of

behavior, and is often difficult for the recipient to describe to themselves, and to others,
exactly what they are experiencing. Moreover, behavior and motives vary between
individual harassers.

BEHAVIOURAL CLASSES

Dzeich has divided harassers into two broad classes: public and private. Public harassers
are flagrant in their seductive or sexist attitudes towards colleagues, subordinates,
students, etc. Private harassers carefully cultivate a restrained and respectable image on
the surface, but when alone with their target, their demeanor changes completely.

Langelan describes three different classes of harassers. First there is the predatory
harasser who gets sexual thrills from humiliating others. This harasser may become
involved in sexual extortion, and may frequently harass just to see how targets respond--
those who don't resist may even become targets for rape. Next, there is the dominance
harasser, the most common type, who engages in harassing behaviour as an ego boost.
Third are strategic or territorial harassers, who seek to maintain privilege in jobs or
physical locations, for example a man's harassing female employees in a predominantly
male occupation.

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 TYPES OF HARASSMENT

There is usually more than one type of harassing behavior present, so a single harasser
will often fit more than one category. These are brief summations of each type:

1. Power-player Legally termed "quid pro quo" harassment, these harassers insist on
sexual favors in exchange for benefits they can dispense because of their positions in
hierarchies: getting or keeping a job, favorable grades, recommendations, credentials,
projects, promotion, orders, and other types of opportunities.

2. Mother/Father Figure (a.k.a. The Counselor-Helper) These harassers will try to

create mentor-like relationships with their targets, all the while masking their sexual
intentions with pretenses towards personal, professional, or academic attention. This is a
common method of teachers who sexually harass students.

3. One-of-the-Gang Often motivated by bravado or competition, or because the

harasser(s) think it is funny. One-of-the-gang harassment occurs when groups of men or
women embarrass others with lewd comments, physical evaluations, or other unwanted
sexual attention. Harassers may act individually in order to belong or impress the others,
or groups may gang up on a particular target. An extreme example is Tailhook '91 during
which participants sexually abused seven men and 83 women as part of a three-day
aviator convention.

4. Third Party sexual harassment describes sexual harassment of employees or peers

who are not themselves the target of the harassment; this includes groping. Third-party
sexual harassment may be either quid pro quo or hostile environment.

5. Serial Harasser Harassers of this type carefully build up an image so that people
would find it hard to believe they would do anyone any harm. They plan their approaches
carefully, and strike in private so that it is their word against that of their victims.

6. Groper Whenever the opportunity presents itself, these harassers' eyes and hands begin
to wander--in the elevator, when working late, at the office or department party. They like
to insist on (usually begrudged) kisses or hugs and sometimes grabs the buttocks or the

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woman's breasts or the man's penis. Called chikan when perpetrated by a male and chijo
when perpetrated by a female in Japan, the problem is so pervasive there that men are
increasingly being banned altogether from stores, restaurants, hotels, spas and even
entertainment outlets, and women-only train cars have been created.

7. Opportunist Opportunist use physical settings and circumstances, or infrequently

occurring opportunities, to mask premeditated or intentional sexual behavior towards
targets. This will often involve changing the environment in order to minimize inhibitory
effects of the workplace or school (e.g private meetings, one-on-one "instruction," field
trips, conferences)

8. Bully In this case, sexual harassment is used to punish the victim for some
transgression, such as rejection of the harasser's interest or advances, or making the
harasser feel insecure about himself or herself or his or her abilities. The bully uses sexual
harassment to put the victim in his or her "proper place."

9. Confidante Harassers of this type approach subordinates, or students, as equals or

friends, sharing about their own life experiences and difficulties, inventing stories to win
admiration and sympathy, and inviting subordinates to share theirs so as to make them
feel valued and trusted. Soon these relationships move into an intimate domain from
which the subordinates find it difficult to separate.

10. Situational Harasser Harassing behavior begins when the perpetrator endures a
traumatic event, or begins to experience very stressful life situations, such as
psychological or medical problems, marital problems, or divorce. The harassment will
usually stop if the situation changes or the pressures are removed.

11. Pest This is the stereotypical "won't take 'no' for an answer" harasser who persists in
hounding a target for attention and dates even after persistent rejections. This behavior is
usually misguided, with no malicious intent.

12. Great Gallant This mostly verbal harassment involves excessive compliments and
personal comments that focus on appearance and gender, and are out of place or

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embarrassing to the recipient. Such comments are sometimes accompanied by leering
looks. The "wolf whistles" of a street harasser are one example of this.

13. Intellectual Seducer Most often found in educational settings, these harassers will try
to use their knowledge and skills as an avenue to gain access to students, or information
about students, for sexual purposes. They may require students participate in exercises or
"studies" that reveal information about their sexual experiences, preferences, and habits.
They may use their skills, knowledge, and course content to impress students as an
avenue to harassing or seducing a student.

14. Incompetent These are socially inept individuals who desire the attentions of their
targets, who do not reciprocate these feelings. They may display a sense of entitlement,
believing their targets should feel flattered by their attentions. When rejected, this type of
harasser may use bullying methods as a form of revenge.

15. Unintentional Acts or comments of a sexual nature, not intended to harass, but is
perceived by the "harrasee" as such. Talking about sex when a person feels uncomfortable
about it may be called sexual harassment.

16. Stalking can also be a method of sexual harassment.

Retaliation and backlash

Retaliation and backlash against a victim are very common, particularly a complainant.
Victims who speak out against sexual harassment are often labeled troublemakers who are
on their own power trips, or who are looking for attention. Similar to cases of rape or
sexual assault, the victim often becomes the accused, with their appearance, private life,
and character likely to fall under intrusive scrutiny and attack. They risk hostility and
isolation from colleagues, supervisors, teachers, fellow students, and even friends. They
may become the targets of mobbing or relational aggression.

Women are not necessarily sympathetic to female complainants who have been sexually
harassed. If the harasser was male, internalized sexism, and/or jealousy over the sexual

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attention towards the victim, may encourage some women to react with as much hostility
towards the complainant as some male colleagues. Fear of being targeted for harassment
or retaliation themselves may also cause some women to respond with hostility. For
example, when Lois Jenson filed her lawsuit against Eveleth Taconite Co., the women
placed a hangman's noose above her workplace, and shunned her both at work and in the
community--many of these women later joined her suit. Women may even project
hostility onto the victim in order to bond with their male coworkers and build trust.

Retaliation has occurred when a sexual harassment victim suffers a negative action as a
result of the harassment. For example, a complainant be given poor evaluations or low
grades, have their projects sabotaged, be denied work or academic opportunities, have
their work hours cut back, and other actions against them which undermine their
productivity, or their ability to advance at work or school. They may be suspended, asked
to resign, or be fired from their jobs altogether. Moreover, a professor or employer
accused of sexual harassment, or who is the colleague of a perpetrator, can use their
power to see that a victim is never hired again, or never accepted to another school.
Retaliation can even involve further sexual harassment, and also stalking and
cyberstalking of the victim.

Of the women who have approached her to share their own experiences of being sexually
harassed by their teachers, feminist and writer Naomi Wolf writes,

"I am ashamed of what I tell them: that they should indeed worry about making an
accusation because what they fear is likely to come true. Not one of the women I have
heard from had an outcome that was not worse for her than silence. One, I recall, was
drummed out of the school by peer pressure. Many faced bureaucratic stonewalling. Some
women said they lost their academic status as golden girls overnight; grants dried up,
letters of recommendation were no longer forthcoming. No one was met with a coherent
process that was not weighted against them. Usually, the key decision-makers in the
college or university—especially if it was a private university—joined forces to, in effect,
collude with the faculty member accused; to protect not him necessarily but the reputation

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of the university, and to keep information from surfacing in a way that could protect other
women. The goal seemed to be not to provide a balanced forum, but damage control."

Effects of sexual harassment and the (often)

accompanying retaliation:

Effects of sexual harassment can vary depending on the individual, and the severity and
duration of the harassment. Often, sexual harassment incidents fall into the category of the
"merely annoying." However, many situations can, and do, have life-altering effects
particularly when they involve severe/chronic abuses, and/or retaliation against a victim
who does not submit to the harassment, or who complains about it openly. Indeed,
psychologists and social workers report that severe/chronic sexual harassment can have
the same psychological effects as rape or sexual assault. (Koss, 1987) For example, in
1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and
coworkers. (Her family was later awarded 6 million dollars in punitive and compensatory
damages.) Backlash and victim-blaming can further aggravate the effects. Moreover,
every year, sexual harassment costs hundreds of millions of dollars in lost educational and
professional opportunities, mostly for girls and women.

Common effects on the victims

Common professional, academic, financial, and social effects of sexual harassment:

• Decreased work or school performance; increased absenteeism

• Loss of job or career, loss of income
• Having to drop courses, change academic plans, or leave school (loss of tuition)
• Having one's personal life offered up for public scrutiny -- the victim becomes the
"accused," and his or her dress, lifestyle, and private life will often come under
attack. (Note: this rarely occurs for the perpetrator.)
• Being objectified and humiliated by scrutiny and gossip

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 • Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to
establish if he or she is "worth" the sexual attention or the risk to the harasser's
career)
• Defamation of character and reputation
• Loss of trust in environments similar to where the harassment occurred
• Loss of trust in the types of people that occupy similar positions as the harasser or
his or her colleagues
• Extreme stress upon relationships with significant others, sometimes resulting in
divorce; extreme stress on peer relationships, or relationships with colleagues
• Weakening of support network, or being ostracized from professional or academic
circles (friends, colleagues, or family may distance themselves from the victim, or
shun him or her altogether)
• Having to relocate to another city, another job, or another school
• Loss of references/recommendations

Some of the psychological and health effects that can occur in someone who has been
sexually harassed: depression, anxiety and/or panic attacks, sleeplessness and/or
nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of
motivation, stomach problems, eating disorders (weight loss or gain), alcoholism, feeling
betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling
powerless or out of control, increased blood pressure, loss of confidence and self esteem,
withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic
stress disorder (PTSD), complex post-traumatic stress disorder, suicidal thoughts or
attempts, suicide.

Effects of sexual harassment on organizations

• Decreased productivity and increased team conflict

• Decrease in success at meeting financial goals (because of team conflict)
• Decreased job satisfaction

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• Loss of staff and expertise from resignations to avoid harassment or
resignations/firings of alleged harassers; loss of students who leave school to
avoid harassment
• Decreased productivity and/or increased absenteeism by staff or students
experiencing harassment
• Increased health care costs and sick pay costs because of the health consequences
of harassment
• The knowledge that harassment is permitted can undermine ethical standards and
discipline in the organization in general, as staff and/or students lose respect for,
and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment
• If the problem is ignored, a company's or school's image can suffer
• Legal costs if the problem is ignored and complainants take the issue to court.

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 SEXUAL HARASSMENT: THE INDIAN SCENARIO

According to the official statistics of 1991, in India, one woman is molested every 26
minutes. These statistics refer to the reported cases. Whereas, if the unreported cases were
to be included, it would be a matter of seconds- rather than minutes. investigation of Most
cases are not reported by victims because of various reasons such as family pressures, the
manner of the police, the unreasonably long and unjust process and application of law;
and the resulting consequences thereof.

In instances where women have reported such illegal and unwelcome behavior, there have
been significant victories in the past decade or so. Also considering the fact the sometimes
these victories are achieved after a wait of a decade or so.

• In Rupan Deol Bajaj Vs. K PS.Gill, a senior IAS officer, Rupan Bajaj was slapped
on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner
party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion
that she was blowing it out of proportion, along with the attempts by all the senior
officials of the state to suppress the matter.The Supreme Court in January, 1998
fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment
under Sections. 294 and 509 of the Indian Penal Code.
• In N Radhabai Vs. D. Ramchandran, when Radhabai, Secretary to D
Ramchandran, the then social minister for state protested against his abuse of girls
in the welfare institutions, he attempted to molest her, which was followed by her
dismissal. The Supreme Court in 1995 passed the judgment in her favour, with
back pay and perks from the date of dismissal.

Sexual Harassment affects all women in some form or the other. Lewd remarks, touching,
wolf-whistles, looks are part of any woman’s life, so much so that it is dismissed as
normal. Working women are no exception. In fact, working women most commonly face
the backlash to women taking new roles, which belong to male domains within patriarchy.
Sexual Harassment at work is an extension of violence in everyday life and is
discriminatory, exploitative, thriving in atmosphere of threat, terror and reprisal.

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Sexual harassment is all about expression of male power over women that sustain
patriarchal relations. It is used to remind women of their vulnerability and subjugated
status. In a society where violence against women, both subtle and direct, is borne out of
the patriarchal values operating in society, force women’s conformity to gendered roles.
These patriarchal values and attitudes of both men and women pose the greatest challenge
in resolution and prevention of sexual harassment.

Studies find that sexual harassment is still endemic, often hidden, and present in all kinds
of organisations. Yet it is still not always viewed as a problem, which has to be
systematically tackled. The issue is of concern for both women and the employers as
studies show that sexual harassment touches lives of nearly 40-60% of working women.

Thus, combating sexual harassment involves developing understanding of what is sexual

harassment and change of attitudes in all- be it employees, colleagues, friends,
administrators, employers or the law makers.

Sexual Harassment: The Law

Sexual harassment has been recognised as most intimidating, most violating form of
violence since long in countries like UK, USA and many countries have not only taken
note of how degrading experiences of sexual harassment can be for women as well as
employers but have adapted legislative measures to combat sexual harassment.

In India, it has been only eleven years since sexual harassment was for the first time
recognised by The Supreme Court as human rights violation and gender based systemic
discrimination that affects women’s right to Life and Livelihood. The Court defined
sexual harassment very clearly as well as provided guidelines for employers to redress
and prevent sexual harassment at workplace.

While the Apex Court has given mandatory guidelines, known as Vishaka Guidelines, for
resolution and prevention of sexual harassment enjoining employers by holding them
responsible for providing safe work environment for women, the issue still remains under
carpets for most women and employers.

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Vishaka guidelines apply to both organized and unorganized work sectors and to all
women whether working part time, on contract or in voluntary/honorary capacity. The
guidelines are a broad framework which put a lot of emphasis on prevention and within
which all appropriate preventive measures can be adapted. One very important preventive
measure is to adopt a sexual harassment policy, which expressly prohibits sexual
harassment at work place and provides effective grievance procedure, which has
provisions clearly laid down for prevention and for training the personnel at all levels of
employment.

What Is Sexual Harassment?

According to The Supreme Court definition, sexual harassment is any unwelcome

sexually determined behaviour, such as:-

• Physical contact
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Any other physical, verbal or non-verbal conduct of a sexual nature.

Sexual Harassment takes place if a person:

· subjects another person to an unwelcome act of physical intimacy, like grabbing,

brushing, touching, pinching etc.
· makes an unwelcome demand or request (whether directly or by implication) for sexual
favours from another person, and further makes it a condition for employment/payment of
wages/increment/promotion etc.
· makes an unwelcome remark with sexual connotations, like sexually explicit
compliments/cracking loud jokes with sexual connotations/ making sexist remarks etc.
· shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/screen savers on computers/any offensive written
material/pornographic e-mails, etc.

24
· engages in any other unwelcome conduct of a sexual nature, which could be verbal, or
even non-verbal, like staring to make the other person uncomfortable, making offensive
gestures, kissing sounds, etc.

It is sexual harassment if a supervisor requests sexual favours from a junior in return for
promotion or other benefits or threatens to sack for non-cooperation. It is also sexual
harassment for a boss to make intrusive inquiries into the private lives of employees, or
persistently ask them out. It is sexual harassment for a group of workers to joke and
snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass
another person.

HOW DID THE VISHAKHA GUIDELINES COME ABOUT?

She may be a Dalit, hailing from a poor, potter's family, but in the last decade, Bhanwari
Devi has become a torchbearer for the women's movement in the country.
Though everyone remembers the name, few know that even 16 years after she was
gangraped by upper-caste villagers for attempting to stop a child marriage in her village,
Bhateri, about 45 km from Jaipur, this "icon" still hasn't got justice.

In 1992, as a sathin working for the women's development programme of the Rajasthan
government, 41-year-old Bhanwari tried to persuade a Gujjar family not to get their one-
year- old daughter married. The police, too, stepped in and prevented the marriage.

However, the child marriage took place the next day any way, and after that the village
ordered a socio-economic boycott of Bhanwari's family, holding her responsible for the

25
police intervention.

She was even asked to leave the village, but she refused. On September 22, 1992, five
upper-caste men raped Bhanwari in the presence of her husband. The rape was widely
seen as a punishment for her defiance and because she had challenged accepted cultural
norms.

The police initially refused to record her statement. Past midnight that day, they asked her
to leave her skirt behind as evidence and return to her village. She did, wearing her
husband's dhoti. For her medical examination, she went to Jaipur, but there too, the
medical report did not confirm rape, only her age.

Initial police investigations held her rape allegations as false they said she was too old and
unattractive to be raped by young men. But pressure from women's groups and civil rights
organisations forced the government to ask for a probe by the Central Bureau of
Investigation (CBI), which found all the allegations made by Bhanwari to be true

Bhanwari Devi's case provoked women's organisations to file a petition in the Supreme
Court, asking it to give directions regarding sexual harassment at the workplace. The apex
court judgment, which came on August 13, 1997, gave the Vishaka guidelines that hold
employers responsible for providing safe work environment for women.

Bhanwari's case was a pioneering one for the anti-rape movement. It brought about a
change even in the system of accountability of the police. She is the reason why
thousands of working woman in India are shielded by anti- sexual harassment laws.

Many women have gained from Bhanwari Devi's struggle, but sadly not her. The
Bhanwari Devi case revealed the hazards to which a working woman is exposed and the
depravity to which sexual harassment can stoop.

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 SEXUAL HARASSMENT: PREVENTION AND RESOLUTION

Combating Attitudes

Patriarchal attitudes and values are the biggest challenge in implementation of any law
concerning women in our society. Combating these attitudes of men and women and the
personnel involved /responsible for implementation of laws and systems is most crucial in
prevention of unwanted sexual behaviour. Preventing and avoiding sexual harassment
involves all levels of employees/persons in any oganisation-employees and colleagues,
management and bodies like trade unions. Most importantly it requires for the employer
to act before a problem occurs.

Steps Employers Can Take to Prevent Sexual Harassment A policy / procedure designed
to deal with complaints of sexual harassment should be regarded as only one component
of a strategy to deal with the problem. The prime objective should be to change behaviour
and attitudes, to seek to ensure the prevention of sexual harassment.

As an employer know the following:

I] First and foremost, acknowledge that it is your legal responsibility to provide safe
working environment for women free from sexual harassment and discrimination and that
you can be held liable for sexual harassment by employees.

27
II] Know that sexual harassment can have a devastating effect upon the health,
confidence, morale and performance of those affected by it. The anxiety and stress
produced by sexual harassment commonly leads to those subjected to it taking time off
work due to sickness, being less efficient at work, or leaving their job to seek work
elsewhere.

III] Understand the reasons why women remain silent about sexual harassment. An
absence of complaints about sexual harassment does not necessarily mean an absence of
sexual harassment. It may mean that the recipients of sexual harassment think that there is
no point in complaining because:

- nothing will be done about it;

- it will be trivialised;
- the complainant will be subjected to ridicule, or
- they fear reprisals.

IV] Recognise the tangible and intangible expenses and losses organisations experience:

- Costly investigation and litigation

- Negative exposure and publicity
- Embarrassing depositions
- Increased absenteeism
- Lowered employee morale
- Reduced productivity
- Decreased efficiency
- Higher employee turn over
- Erosion of organisation’s brand names, goodwill, and public image
- Negative impact on stock price

The best way to prevent sexual harassment is to adopt a comprehensive sexual harassment
policy. The aim is to ensure that sexual harassment does not occur and, where it does
occur, to ensure that adequate procedures are readily available to deal with the problem
and prevent its recurrence.

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SEXUAL HARASSMENT POLICY

I] Adopting Sexual Harassment Policy:

What should be included in an anti-harassment policy? A basic policy should set forth the
following:

• an express commitment to eradicate and prevent sexual harassment and express

prohibition of sexual harassment;
• a definition of sexual harassment including both quid pro quo and hostile work
environment giving examples;
• an explanation of penalties (including termination) the employer will impose for
substantiated sexual harassment conduct;
• a detailed outline of the grievance procedure employees should use;
• a clear statement that anyone found guilty of harassment after investigation will be
subject to immediate and appropriate disciplinary action
• a clear understanding and strict rules regarding harassment of or by third parties
like clients, customers etc.
• additional resource or contact persons available for support and consultation;
• an express commitment to keep all sexual harassment complaints and procedures
confidential and time bound;
• provisions for training of employees at all levels.
• an anti retaliation policy providing protection against retaliation to complainants,
witnesses, Complaints Committee members and other employees involved in
prevention and complaints resolution.

Policies and procedures should be adopted after consultation or negotiation with

employee representatives. Experience suggests that strategies to create and maintain a
working environment in which the dignity of employees is respected are most likely to be
effective where they are jointly agreed. .

II] Communicate Policy

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Issue a strong policy from the top authority against sexual harassment taking a "zero
tolerance" approach Make sure it gets out to all your employees either through the
employee handbook or in memo form or with pay packets or with appointment letter.
Have the employees sign it to acknowledge that they received and read the policy. The
policy can also be posted in the workplace. If you have employees whose primary
language is not English, have your sexual harassment policy translated or communicate to
them in their primary language. Discuss the policy with all new employees Ensure that
third-party such as suppliers and customers are aware of your sexual harassment policy
Review the policy with your employees on a regular basis

III] Enforce Policy Take complaints of sexual harassment seriously and investigate all
sexual harassment charges quickly and thoroughly and professionally. Maintain accurate
records of the investigation and the findings Make sure employees who bring charges do
not face retaliation Ensure confidentiality and time bound response to complaints. Take
immediate action when sexual harassment is discovered or suspected Discipline
appropriately any employee found to have engaged in sexual harassment Safeguard your
employees from third-party work-related sexual harassment

COMPLAINTS CHANNEL

Complaints Channels need to provide different routes that employees can take to file
complaints; i.e., contacting the responsible authority for sexual harassment, a supervisor,
calling a hotline, complaining through email, etc. Organisations need to focus on the
plight of the average individual. A policy is useless unless people use it, and most
research indicate that a small fraction of employees ever say or do anything about
harassing behaviour.

Informal methods of resolving complaints must be part of the complaints mechanism as 1.

the objective is to end the harassing behaviour at the lowest possible (which is the most
cost effective, as well) 2. many complaints can be resolved effectively and positively
through informal methods. Informal options act as a buffer or filter, save bad blood,
prevent the office environment getting uncomfortable for all, if employees can be advised
as to how to handle the situation before it gets out of hands. Platforms to resolve

30
complaints or to stop harassing behaviour must be provided before the complaints
escalate into full-blown, formal complaints. The Supreme Court guidelines impose an
obligation on the employer to set up a Complaints Committee to deal with the cases of
harassment. Such a committee should: *be headed by a woman *have half its members as
women *include a third-party representative from an NGO or any other agency
conversant with the issue of sexual harassment (to prevent undue pressure from within the
organization with respect to any complaint).

Complaints Committee

Employers need to set up a redressal mechanism/complaints committees as per Vishaka

guidelines. First contact Persons from within the Committee or otherwise should be
appointed who could try to resolve the complaint informally first before the complaint
goes to the formal channels of complaints committee. The organisation needs to put down
clearly, certain non-negotiables for the complaints committees for effective resolution of
complaints.

Desired Qualities Of The Members Of Complaints Committee:

• Subjectivity: A sexual act when unwelcome is sexual harassment; the unwelcome

is the woman’s subjective reality. The Complaints Committee’s first job is to
believe in this reality. (unless something on record completely negates her
complaint).
• Empathy: It is critical that the Complaints Committee empathizes with the
complainant and does not judge her by their moral standards. The most important
question to be answered in the affirmative that the committee and all functionaries
must ask themselves while providing redress to a particular case is 'Do we believe
her?'

Selection of the Complaint Committee members is extremely important as in most cases

the committee members, if in sub-ordinate position of power at workplace to that of
accused, find it very difficult to diligently carry out the responsibilities bestowed on them
as heads or members of the Committee, against the superiors.

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The Complaints Committee must remember:

• It needs extensive orientation for effective functioning.

• It cannot function like a criminal court.
• The complainant, when she complains, has at stake her personal life and career.
• The impact sexual harassment has on a woman
• It is difficult for a woman to talk about anything sexual. Hence there can be long
time interval between the harassment and the actual complaint.
• It needs to handle complaints in a confidential manner and within a time-bound
framework
• It needs to submit an annual report on sexual harassment to the appropriate
government authority.

Complaints committees: Do's and Don’ts:

Do's

• Formalise and publicise complaint procedures that are easy and non-threatening.
• Provide safety for friends and supporters of the complainant.
• Appoint complaints officers-one man and one woman- to serve as the first point of
contact.
• Complaint officers should be members of the committee. One of them should be
the outside expert.
• Authorise Complaint Officers to resolve the issue without the committee’s
intervention. If unresolved to the complainant’s satisfaction, the complaint should
go to the committee.
• Use a cheerful, comfortable, airy room for meeting the complainant.
• Ensure that your body language communicates complete attention to the
complainant and the accused.
• Treat the complainant with respect.
• Discard pre-determined notions of how a victim or accused should look or behave.
Beware of stereotypes.

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 • All sexual crimes are committed in private, so that there may not be any
eyewitnesses. This is an important point that the committee would do well to
remember at all the times.
• Consult the complainant for punitive action.
• If the management does not accept the recommended action, it should give three
valid reasons.
• Help the complainant regain his/her self-respect.

Don'ts

• Do not, under any circumstance, get aggressive.

• Do not insist on a detailed description of harassment. This could increase the
complainant’s trauma.
• Do not allow for interruptions when talking to the complainant and/or accused.
• Do not try and determine the impact of the harassment on the complainant. Let the
complainant determine it. Help the complainant, if necessary.
• Do not discuss the complaint among the presence of the complainant or the
accused.
• Remember, this is a human rights issue, therefore, (a) do not give too much weight
to intention, focus on the impact, and (b) 'proof beyond reasonable doubt' is not
required, a strong probability is sufficient.

Other things the Complaints Committee need to do

• Encourage the woman to note details of each incident of harassment and monitor
any changes in work patterns or attitude on the part of the alleged harasser so as to
avoid as far as possible attempts at victimisation or accusations of poor work
performance, etc.
• Make discreet enquiries as to whether other workers have experienced similar
problems and if so, ask them details of any harassment, which has occurred.
• If the problem should involve transfer of one of the people involved, try to ensure
that the harasser-rather than the victim- is the person required to move.

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 • Always document the results of any sexual harassment complaint or investigation.
Not only document the results, but also document any corrective action that you
asked the employee or supervisor to take. Follow up on any corrective action so
you can document if the employee fails to take advantage of your companies
polices/procedures or any corrective action that your company takes to prevent the
sexual harassment from occurring again in the future.
• Inform all employees that it is their obligation to report sexual harassment that
they either experience or witness.

TRAINING

Take your employees with you. Educate them about the issue and promote a healthy
discussion of the policy.

Sexual Harassment Awareness Training

The setting up of a complaints committee and an anti-sexual harassment policy lays a

strong foundation for a sexual harassment free workplace. However, effective training
programmes are essential to sensitise/train all their staff members, men and women, to
recognise sexual harassment, deal with it when it occurs and prevent it. The training
programme is the best way to ensure proper understanding and implementation of your
policy. It is the best forum to communicate to employees what behaviour is acceptable
and what is not, in a non-threatening atmosphere of mutual learning. Training for the
members of the Complaints Committee and others who are going to be instrumental in
implementing the policy, is very essential. Their training should include a component of
gender sensitization, along with the procedures for taking complaints, and for enquiry,
etc.

Conduct yearly meetings with your supervisors to review the sexual harassment policy,
and to make sure that they understand that an employee does not need to suffer negative
consequences in order to make a complaint of sexual harassment. Inform the supervisors
that even mild to moderate sexual jokes or statements can create an atmosphere of

34
hostility that will make some employees uncomfortable, and could lead to the creation of
a hostile work environment.

Sexual harassment training for all employees should address perceptions and
understanding of sexual harassment, impact of sexual harassment on individuals and
workplace, understanding the policy and complaints mechanism. The training for
Complaints Committee should address, in addition to these, the procedures of
investigation, skills necessary for enquiries, documenting the procedures.

SENSING MECHANISMS:

Setting up a mechanism does not mean that there is sexual harassment in your workplace.
Prevention is always better than cure, and being pro-active always helps. Along with
performance, change in employees' behaviour patterns also deserves employer's close
scrutiny.

Conducting Surveys - Conducting time-to-time surveys is helpful to identify and prevent

factors/situation leading to incidence of sexual harassment. The survey can be done
anonymously and should be distributed with a copy of the company's sexual harassment
policy. The survey can simply ask the employees (male and female) if they have
experienced any form of sexual harassment during the past year. The survey also helps to
show that the organisation is actively engaged in preventing and correcting sexual
harassment.

COMMITMENT FROM TOP:

Commitment is shown through enforcement and action by the responsible authorities.

Even the most comprehensive sexual harassment policies and procedures are bound to fail
if a company does not enforce them quickly, consistently, and aggressively. To be
effective, organisations must take sexual harassment seriously. They need to make certain
that personnel responsible for enforcement conduct prompt, thorough, and documented
investigations of all complaints, even those that appear trivial. Organisations should take
action that is reasonably calculated to end the harassment. Such action must be directed

35
toward the harasser, and may include verbal warnings, written warnings, job transfers,
suspension of employment, and, if necessary, termination.

Employers should also keep tabs on their supervisors. This can be accomplished by means
of monthly meetings with higher management, unscheduled spot checks, or periodic
sexual harassment training sessions with the implementing authorities.

PRACTICES CONSISTENT WITH POLICIES:

Organisations must place just as much emphasis on reporting responsibilities and

mechanisms as on the policy itself.

Setting a precedence - Even if the accused is a senior executive/ a partner/any other

person who is an asset to the company, and brings in a lot of business, it is essential that
he be punished if found guilty, as this sends out a strong message that the company will
not tolerate any harassment by anyone. .

What Steps Can Employees Take To Prevent Sexual Harassment?

Most women themselves fail to recognise sexual harassment and treat it as trivial and
routine. Such has been the internal coping mechanism. Ignoring offensive behaviour or
denying its existence are the most common ways women deal with sexual harassment.

In Back Off! How To Confront and Stop Sexual Harassment and Harassers, Martha
Langelan recommends taking these steps:.

Dealing with the Harasser upfront:

• Do the unexpected: Name the behaviour. Whatever he's just done, say it, and be
specific.
• Hold the harasser accountable for his actions. Don't make excuses for him; don't
pretend it didn't really happen. Take charge of the encounter and let people know
what he did. Privacy protects harassers, but visibility undermines them.

36
 • Make honest, direct statements. Speak the truth (no threats, no insults, no
obscenities, no appeasing verbal fluff and padding). Be serious, straightforward,
and blunt.
• Demand that the harassment stop.
• Make it clear that all women have the right to be free from sexual harassment.
Objecting to harassment is a matter of principle.
• Stick to your own agenda. Don't respond to the harasser's excuses or diversionary
tactics.
• His behaviour is the issue. Say what you have to say, and repeat it if he persists.
• Reinforce your statements with strong, self-respecting body language: eye contact,
head up, shoulders back, a strong, serious stance. Don't smile. Timid, submissive
body language will undermine your message.
• Respond at the appropriate level. Use a combined verbal and physical response to
physical harassment.
• End the interaction on your own terms, with a strong closing statement: 'You
heard me. Stop harassing women'.

Other steps employees can take:

Speaking out: Speaking about sexual harassment is an effective tool in combating it.
While speaking about it, the problem becomes visible, it is acknowledged that it exists,
and this in turn leads one to take effective measures against it. Speaking about sexual
harassment also gives an opportunity to clarify by this about it. It helps in changing
attitudes of people towards this issue. Speaking about it creates an enabling environment
for the victim to speak out. It mobilises public opinion against it. It makes it difficult for a
potential harasser to commit the crime. It equips people with information as to what is to
be done in such a case.

Speak up at the time: Be sure to say "NO" clearly, firmly and without smiling as that is
the best way to let the harasser know that his behaviour is offensive. Objecting to the
behaviour when it occurs helps if you decide to file charges later.

37
Keep records: Keep track of what happens in a journal or diary and keep any letters or
notes or other documents you receive. Write down the dates, times, places, and an account
of what happened. Write down the names of any witnesses. Write a letter. People have
successfully stopped sexual harassment by writing a letter detailing the behaviour that is
offensive and asking the person who is harassing them to stop the behaviour. The letter
should be polite, unemotional, and detailed. Such a letter seems to be more powerful than
a verbal request. The recipient of the letter seldom writes back; the person usually just
stops the behaviour.

Set your own boundaries: Say "NO" emphatically and clearly when you are asked to go
places, do things, respond to questions, or engage in situations that make you
uncomfortable. Do not worry about offending the other person or hurting his or her ego.
Take care of yourself first.

Be aware of situations and people who may harm you: Don't ignore other's warnings
about particular people or social settings. Acknowledge their concern for you and for
themselves.

Trust your own instincts about possible danger: In an uncomfortable situation, be direct
and honest, and remove yourself from the situation immediately. Regardless of your
previous behaviour or signals you may have given earlier, you have the absolute right to
halt any sexual exchange at any time. Accept this right and act on it.

Tell someone: Being quiet or stoic about sexual harassment lets it continue. Talk to other
co-workers; you may not be the only one harassed by this person. Do not blame yourself
and do not delay.

Create a Witness to the behaviour: Inform a trusted colleague and try to insure that s/he is
an eye or ear witness to an situation where you are being sexually harassed. This will be
useful later if you chose to file a formal complaint. Send a copy of sexual harassment
policy / rules to the harasser. If your workplace already has an anti sexual harassment
policy or the conduct rules of your institution prohibit sexual harassment, send a copy of

38
the institution policy/conduct rules to the harasser with the appropriate sections
underlined.

Talk to a union: If you are a member of a labour union, talk to your union representative.

Get a medical check-up: If you have been raped or physically assaulted, go for a medical
check-up. Obtain a medical report. This is important, should you decide to pursue a legal
case.

Report sexual harassment to the appropriate person in the organization: Explore the
different avenues available to you and file a formal complaint if necessary. If your
organisation does not have a policy, ensure that your employer formulates an anti-sexual
harassment policy and carries out all the connected tasks.

Documenting Harassment

Documenting the harassment is important for use as evidence in a case or complaint. You
should: Photograph or keep copies of any offensive material at the workplace. Keep a
journal with detailed information on instances of sexual harassment. Note the dates,
conversation, frequency of offensive encounters, etc. Obtain copies of your work records
(including performance evaluations) and keep these copies at home

Other documents that you should have: A company policy and procedure manual is very
important to have. The company's documented policies on sexual harassment,
discrimination, performance appraisals, termination, affirmative action plans can be very
important to show their stated policies versus their actions. Company newspapers, annual
reports, pictures of its top executives, posters, company credo, company surveys are
important to show the environment and its hostility towards women.

Take all letters of commendation, awards, thanks you's and anything at all that will
corroborate your positive job performance. Pay special attention to documents that your
superiors have provided lauding you and your work. If possible, ask your clients, staff,
and peers for letters of commendation.

39
Every document that you use during trial must be authenticated by a witness. Keep this in
mind during your depositions when the defence asks you where you obtained a document.
If you are not clear about where you got the document, and who can authenticate it, you
will not be able to use it during your trial.

What can you do as a colleague:

· Do not disbelieve a woman when she shares about harassment. Remember sexual
harassment is 'unwelcome' behaviour. Do not trivialise the matter.
· Remember that it is difficult to speak about sexual harassment. Hence if a colleague is
talking about it, she will require a lot of encouragement and support.
· Read the Vishaka judgement carefully and know your rights.
· Spread the word - let your colleagues know about the issue, its prevalence and the
judgement.
· Support a harassed colleague - remember it could be you tomorrow.
· Encourage the recipient to approach the offending person directly or use other informal
resolution methods.
· Offer to accompany the recipient to the offending person, the Complaints Committee to
file a formal complaint.
· Take responsibility to see that sexual harassment is stopped and there is no reprisal.
· Approach your employer and push for a redress mechanism / sexual harassment policy,
if you do not have one in place already.
· If you do have a mechanism in place, ensure that it complies with the Supreme Court
guidelines.
· Contact a non-government organisation working on the issue to organise an
awareness/training programme at your workplace/ to help create a policy for your
workplace.

It is important that you:

· be professional at all times.

· set a positive example.
· consider your attitudes.

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· avoid making assumptions.
· think before making personal comments.
· don't go along with the crowd.
· be supportive of people who wish to talk about being sexually harassed and
· direct them to the appropriate persons / authorities.

As an employee: If your behaviour offends an employee, stop that behaviour. Ask

yourself:

· Could your behaviour offend or hurt people at your workplace?

· Could your behaviour be interpreted by another as sexual harassment?
· Would you like your behaviour to be discussed by others?
· Would you like your friend, partner, child or sibling to be treated in the same manner?

What steps can Trade Unions take to prevent sexual harassment:

There are a number of measures that unions can take to combat sexual harassment. The
goal is to make union members sensitive to the problem and to create a climate to
discourage sexual harassment and, if it occurs, a climate where victims will feel
comfortable turning to the union for assistance. Trade Unions in unorganised sector can
play a definite and vital role in helping set up complaints mechanism and instituting
systems/channels that could provide forum for recipients of sexual harassment in
unorganised sector to complain.

If you are a member of a trade union:-

• If the sexual harassment victim comes to you for help, try to informally resolve the
complaint by talking to the harasser. If that is ineffective, help the victim to file a
complaint with the appropriate authority.
• Educate the members about the issue.
• Include training on handling sexual harassment grievances for office
bearers/seniors who are likely to get involved in complaint resolution

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• Determine the extent of the problem in the workplace. A survey of the members
may be useful.
• Work with employers to conduct jointly conducted training programs.
• When sexual harassment does occur, offer support.
• Try to stop any harassment you observe, whether or not the victim has
complained. If this is unsuccessful, do not do or say anything that could be
interpreted as condoning the harasser's behaviour.
• Disclose information only to the extent necessary to protect the confidentiality of
all who are involved.
• Put management on notice about what is going on. Regardless of who is harassing,
management is responsible for providing a harassment-free work environment.
• Be sure that the employer has an anti-sexual harassment policy that is prominently
posted or otherwise effectively communicated to all employees.

SEXUAL HARASSMENT: A MALE VIEWPOINT

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A man was victimized of false allegation by subordinate staff. Inquiry did not
prove the charges as correct as no evidence was presented.

However, inquiry committee viewed that since a female cannot afford to charge
wrong allegation because her own reputation is also at stake, the male is bound to
be considered as wrong doer and face punishment without being proven guilty.

If it is assumed that female cannot make wrong allegation then what is the use of
inquiry and where will males go to seek redressal?

Women are given so much credibility that a man accused is presumed guilty until
proven innocent. This is violation of judicial principles as well as violation of
fundamental rights of men. The law can be misused and provide powers to women
to harass, victimize, and blackmail men with the help of these laws.

Sexual harassment in the workplaces is a well-known issue that thousands of

women encounter on a daily basis. But now there is a growing trend of men filing
claims of harassment in the workplace.

According to a report by the Equal Employment Opportunity Commission there

were a record amount of harassment complaints filed by men in 2006. The figures
given in the report state that of the 12,025 sexual harassment claims made in 2006
15.4 percent of these claims came from men. This shows a significant increase of
male harassment cases made in the last ten years of 4.5.

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The majority of the sexual harassment cases filed by men were stating that the
harassment was perpetrated by other men.

Since there is not any significant increase in total number of people in

employment these statistics can be looked at in two ways. Firstly on the surface it
can be viewed as a worrying increase in the amount of harassment men are
suffering in the work place. Secondly it may not necessarily mean that there is a
real increase in harassment but more an increase in reporting sexual harassment. In
the past it may not have been seen as something a man would do, that he should
just grin and bear it. But now men are realising that admitting to these issues
doesn't take away any of their man hood, hence more men are coming forward and
filing complaints.

Regardless of the real reason for the increase in sexual harassment in the
workplace complaints by men the report brings to light a problem that has been
brushed under the carpet for years. More and more men are committing suicide
and suffering from depression and stress at the workplace.

Another problem men face is treatment of women at the workplace. Giving the
woman her intellectual due and treating her as an equal is necessary. Yet at the
same time, any word or action could be mis-interpreted as being sexually explicit.
Other form of harassment a male colleague can face is when a female threatens to
charge a harassment case against him in return for favours at the work place. It
puts him in a very difficult situation. This problem was highlighted in the movies
namely ‘Disclosure’ and ‘Aitraaz’.

According to a quote in Yahoo news, "There's no question this is not only a

growing category of claims, but also a large societal problem of which we are just
starting to see the tip of the iceberg.”

CONCLUSION

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The workplace is an area where the employee is required to represent, carry out, perform
or implement any duties, obligations or services required. While carrying out one’s duty it
is imperative that each person in the organization recognizes the other’s contribution to
the organization, respects the commitment to one’s work and does not engage in any
activity that may outrage another’s modesty.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are
encouraged to take steps necessary to prevent sexual harassment from occurring. They
should clearly communicate to employees that sexual harassment will not be tolerated.
They can do so by providing sexual harassment training to their employees and by
establishing an effective complaint or grievance process and taking immediate and
appropriate action when an employee complains.

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It is also unlawful to retaliate against an individual for opposing employment practices
that discriminate based on sex or for filing a discrimination charge, testifying, or
participating in any way in an investigation, proceeding, or litigation

The issue of sexual harassment needs understanding, assessment, sensitivity and

commitment from all quarters but mostly from the senior managerial authority as their
commitment and action can achieve the aim of prevention and effective resolution of
sexual harassment at workplace and a gender friendly, discrimination free workplace.

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 REFERENCES

• Combat Law, Volume 2, Issue 3

• Combat Law, Vol. 4, Issue 1
• www.wikipedia.org
• www.legalserviceindia.com
• www.hinduonnet.com
• www.timesofindia.com
• www.indiatogether.org
• www.domain-b.com
• http://pratap-nambiar.sulekha.com
• www.images.google.com

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