1.

Odisha State Commission for Women, Act 1993

An act to constitute a state commission for women and to provide for matters connected to
women. Odisha Women Commission is a statutory body constituted in the year 1993 to deal
with the issues relating to crime against women in the state of Odisha. The commission for
welfare of women in the state was set up by Odisha Government as a quasi-judicial body.

The State Government shall constitute a body to be known as the State Commission for
women to exercise the powers conferred on, and to perform the functions assigned to it
under this Act.

1.1. Composition
The Commission shall consist of–

a) A Chair-person, who is an eminent social worker or a professional committed to the

cause of women, to be nominated by the State Government;
b) Six members to be nominated by the State Government from amongst persons of
ability, integrity and standing of whom.
I. one shall be an official;
II. one shall be an eminent advocate;
III. two shall be social workers of repute; and
IV. two shall be experts in education and health:

Provided that at least one member each shall be from amongst persons belonging to the
Scheduled Castes and the Scheduled Tribes respectively.

An officer not less than the rank of a Deputy Secretary to the Government of Orissa in
charge of Women's Welfare shall be the Convenor Secretary of the Commission whose duty
shall be to facilitate co-ordination between the Commission and the Government in the
activities relating to Women's Welfare and participation in the development of the State.

1.2. Term of office and conditions of service of Chair-person and

Members
The Chair-person and every member shall hold office for such period, not exceeding three
years.

The Chair-person or a Member (other than the official Member) may, by writing and
addressed to the State Government, resign from the office of Chair-person or, as the case
may be, of the Member at any time.

1.3. Procedure to be regulated by Commission

The Commission or a Committee thereof shall meet as and when necessary and shall meet
at such time and place as the Chair-person may think fit.

The Commission shall regulate its own procedure and the procedure of the Committees
thereof.

All orders and decisions of the Commission shall be authenticated by the Convenor-
Secretary or any other officer of the Commission duly authorised by the Convenor-Secretary
in this behalf.

1.4. Objectives
Odisha State Commission for Women was formed to investigate specific problems relating
to women and apart from studying women related issues from the state. The commission is
equipped with powers to safeguard rights of women and ensure their protection and
equality against any form of harassment and issues faced in the family and community.

The commission was created with the following objectives:

 Ensuring protection and welfare of women.
 Handle gender-based issues through timely intervention in case of any violation of
relevant laws or opportunity denial or depriving the women of any rights.
 Recommending to state government on women-based issues.
 The commission occasionally takes steps to create awareness in public regarding the
women-based legislation in the state.

1.5. Activities

Odisha State Commission for Women was formed in 2006 to perform below activities:

 Commission should ensure that it adheres to the provision and protection

guaranteed for women under Constitution of India and women related legislations.
 In case any agency in the state fails to implement protective measures against
women, getting the same to the notice of Government.
 Making recommendations for the amendments in any law if it fails on provision of
justice to the women of the state.
 Taking up with concerned authorities any issue of violation of women's rights and
recommending follow-up action to them.
 Women who have complaints of violation of their rights and non-implementation of
their protective measures guaranteed under the Constitution of India can directly
approach Women Commission for redressal.
 Counselling and assisting women who are victims of atrocities and discrimination in
the state.
 Financing litigation expenses for any issues involving mass group of women and
occasionally make reports to the state government relating to them.
  Inspecting any premises, jail or other remand home where women prisoners are
lodged or any other case and bringing them to the notice of respective authorities, in
case of need.
 Enquire study and investigate any specific women-based issues.
 Initiate educational research or undertaking any promotional method and
recommend ways for ensuring women representation in all areas and identifying
reasons depriving them of their rights.
 To enquire suo-moto or any complaints of any issue which deprives women of their
rights or women protection laws not being implemented or noncompliance of any
policies relating to them or failure of following instructions relating to women
welfare and relief associated with them.

2. Constitutional Provisions for Women in our Constitution

The Constitution of India not only grants equality to women but also empowers the State to
adopt measures of positive discrimination in favour of women for neutralizing the
cumulative socio economic, education and political disadvantages faced by them.

Fundamental Rights, among others, ensure equality before the law and equal protection of
law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or
place of birth, and guarantee equality of opportunity to all citizens in matters relating to
employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of
specific importance in this regard.

2.1. Constitutional Privileges

1) Article 14: Equality before law for women

2) Article 15 (i): The State not to discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them
3) Article 15 (3): The State to make any special provision in favour of women and
children
4) Article 16: Equality of opportunity for all citizens in matters relating to employment
or appointment to any office under the State
5) Article 39(a): The State to direct its policy towards securing for men and women
equally the right to an adequate means of livelihood
6) Article 39(d): Equal pay for equal work for both men and women
7) Article 39 A: To promote justice, on a basis of equal opportunity and to provide free
legal aid by suitable legislation or scheme or in any other way to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities
8) Article 42: The State to make provision for securing just and humane conditions of
work and for maternity relief
 9) Article 46: The State to promote with special care the educational and economic
interests of the weaker sections of the people and to protect them from social
injustice and all forms of exploitation
10) Article 47: The State to raise the level of nutrition and the standard of living of its
people
11) Article 51(A) (e): To promote harmony and the spirit of common brotherhood
amongst all the people of India and to renounce practices derogatory to the dignity
of women
12) Article 243 D(3): Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Panchayat to be reserved for
women and such seats to be allotted by rotation to different constituencies in
Panchayat
13) Article 243 D (4): Not less than one- third of the total number of offices of
Chairpersons in the Panchayats at each level to be reserved for women
14) Article 243 T (3): Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the total
number of seats to be filled by direct election in every Municipality to be reserved
for women and such seats to be allotted by rotation to different constituencies in a
Municipality
15) Article 243 T (4): Reservation of offices of Chairpersons in Municipalities for the
Scheduled Castes, the Scheduled Tribes and women in such manner as the
legislature of a State may by law provide
16) Article 300 (A): Right of property of women

2.2. Legal Provisions

To uphold the Constitutional mandate, the State has enacted various legislative measures
intended to ensure equal rights, to counter social discrimination and various forms of
violence and atrocities and to provide support services especially to working women.

Although women may be victims of any of the crimes such as Murder, Robbery, Cheating
etc. the crimes, which are directed specifically against women, are characterized as Crime
against Women. These are broadly classified under two categories.

2.2.1. The Crimes Identified Under the Indian Penal Code (IPC)

1) Rape (Sec. 376 IPC)

2) Kidnapping & Abduction for different purposes (Sec.363-373)
3) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
4) Torture, both mental and physical (Sec. 498-A IPC)
5) Molestation (Sec. 354 IPC)
6) Sexual Harassment (Sec. 509 IPC)
2.2.2. The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly
have been reviewed periodically and amendments carried out to keep pace with the
emerging requirements. Some acts which have special provisions to safeguard women and
their interests are:

1) The Employees State Insurance Act, 1948

2) The Plantation Labour Act, 1951
3) The Family Courts Act, 1954
4) The Special Marriage Act, 1954
5) The Hindu Marriage Act, 1955
6) The Hindu Succession Act, 1956 with amendment in 2005
7) The Immoral Traffic (Prevention) Act, 1956
8) The Immoral Traffic (Suppression) Act (SITA) (1956)
9) The Maternity Benefit Act, 1961 (Amended in 1995)
10) The Dowry Prohibition Act, 1961
11) The Medical Termination of Pregnancy Act, 1971
12) The Contract Labour (Regulation and Abolition) Act, 1976
13) The Equal Remuneration Act, 1976
14) The Prohibition of Child Marriage Act, 2006
15) The Criminal Law (Amendment) Act, 1983
16) The Factories (Amendment) Act, 1986
17) Indecent Representation of Women (Prohibition) Act, 1986
18) Commission of Sati (Prevention) Act, 1987
19) The Protection of Women from Domestic Violence Act, 2005
20) The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013

2.3. Special Initiatives For Women

1) National Commission for Women

It is a statutory body of the Government of India, generally concerned with advising
the government on all policy matters affecting women. It was established in January
1992 under the provisions of the Indian Constitution, as defined in the 1990 National
Commission for Women Act. The objective of the NCW is to represent the rights of
women in India and to provide a voice for their issues and concerns.
2) Reservation for Women in Local Self –Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-
third of the total seats for women in all elected offices in local bodies whether in
rural areas or urban areas.
3) The National Plan of Action for the Girl Child (1991-2000)
It is a specially formulated action plan by the Government of India to protect and
promote the Girl Child. This plan seeks to prevent female foeticide and infanticide,
 eliminate gender discrimination, provide safe drinking water and fodder near homes,
rehabilitate and protect girls from exploitation, assault and abuse.
4) National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of Human Resource
Development has prepared a National Policy for the Empowerment of Women in the
year 2001. The goal of this policy is to bring about the advancement, development
and empowerment of women.

3. Introduction of Workplace Harassment

3.1. What is Workplace?

A workplace is defined as “any place visited by the employee arising out of or during the
course of employment, including transportation provided by the employer for undertaking
such a journey.” As per this definition, a workplace covers both the organised and un-
organised sectors.

It also includes all workplaces whether owned by Indian or foreign company having a place
of work in India. As per the Act, workplace includes:

 Government organizations, including Government Company, corporations and

Cooperative societies;
 Private sector organisations, venture, society, trust, NGO or service providers etc.
providing services which are commercial, vocational, educational, sports,
professional, entertainment, industrial, health related or financial activities,
Including production, supply, sale, distribution or service;
 Hospitals/Nursing Homes;
 Sports Institutes/Facilities;
 Places visited by the employee (including while on travel) including transportation
provided by employer;
 A dwelling place or house.

3.2. What is Workplace Harassment?

Work place harassment refers to any kind of an action towards one employee or a group of
targeted employees, which makes them uncomfortable at their work place. Such kind of
unwanted actions not only hampers the work performance of employees, it also makes the
employees feel that they are working in a hostile environment. The harassment may be
based on such factors as race, gender, culture, age, sexual orientation, or religious
preference.

Harassment is verbal or physical conduct that denigrates or shows hostility or aversion

toward an individual because of that person's race, skin color, religion, gender, national
origin, age, or disability. Harassment can also occur if conduct is directed toward a person's
relatives, friends, or associates.

4. Determining Factors of Work Place Harassment

There are certain factors which act as signs of work place harassment. If these factors are
present or is being felt by the employee, then the employee is said to be undergoing an
unwanted and uncomfortable harassment. These factors can be pointed out as follows. The
action or conduct of the supervisor, boss or anyone concerned in the organisation should be
uncomfortable or offensive to the employee. The employee feels and tries out ways to raise
his voice against the unwanted behaviour or the conduct of the concerned person at the
work place the behaviour or the conduct of the concerned person might be having a
significant impact on the work performance of the employee. It should be having a negative
effect on the work efficiency of the employee.

5. Constitutes of Workplace Harassment

According to the Equal Employment Opportunity Commission (EEOC), harassment can
include “offensive jokes, slurs, epithets or name calling, physical assaults or threats,
intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and
interference with work performance.”

Harassment also occurs in a variety of circumstances, such as these:

 The harasser could be the victim’s supervisor, a supervisor in another area, an agent
of the employer, a co-worker or a non-employee.
 The victim does not have to be the person harassed; it could be anyone affected by
the offensive conduct.
 Unlawful harassment may occur without economic injury to or discharge of the
victim.

Harassment in the workplace may or may not have physical evidence. Understanding what
is happening to you can help when broaching the subject with the HR department.

6. Types of Work Place Harassment

Work place harassment can target on the age, sex, religion, belief, culture or many other
areas of the employee. There can be many forms or types of workplace harassment. The
major types of work place harassment are – Work place Bullying, Work Place Discrimination,
Personal, Physical, Power, Psychological, Retaliation, Verbal, Third-Party and Sexual
Harassment.

6.1. Work place bullying

Work place bullying is an act which can be defined as the behaviour of the boss, supervisor
or peer which is harmful for the subordinate or the colleague. Bullying behaviours may
differ from humiliation to several other tactics which would in a way try to embarrass or
dishonour the target employee or subordinate at the work place. According to certain
learned scholars it involves repeated, health harming mistreatment, verbal abuse, or
conduct which is threatening, humiliating, intimidating, or sabotage that interferes with
work or some combination of the three. Bullying is characterised by (Einarsen, 1999; Keashly
& Harvey 2004; Lutgen-Sandvik, 2006):

• Repetition (occurs regularly)

• Duration (is enduring)
• Escalation (increasing aggression)
• Power disparity (the target lacks the power to successfully defend themself).
• Attributed intent

This distinguishes bullying from isolated behaviours and other forms of job stress and allows
the term workplace bullying to be applied in various contexts and to behaviours that meet
these characteristics.

6.1.1. Types of Work Place Bullying

On the basis of several researches, the act of bullying at work place can be categorised as:

1) Pair bullying: This type of bullying takes place between two people, in which one
person is very active and uses all verbal techniques to bully the target person and
the other person is silent and just keeps on observing the targeted person.
2) Sequential bullying: This is just like the act of a serial killer, in which there is an
individual who serially targets one employee after the other and keeps on attacking
and destroying them one by one.
3) Group bullying: Usually formal or informal groups are formed within organisations.
Many a times, these groups act as active gang in mistreating or bullying with
employees
4) Pressurising or coercive bullying: Under this type of bullying, the boss or the
supervisor forces the subordinates to work, beyond the prescribed time schedule or
without appropriate resources.
5) Cyber bullying: When the mode of information technology is being used with an
intention to harm an individual employee or a group of employee via e mails, short
notices, and junk mails and so on, then such an act of bullying is known as cyber
bullying.

6.1.2. Acts or Behaviours Involved in Bullying

There are certain typical acts or behaviours which are more or less involved in each and
every type of bullying. Evidences show that the following behaviours are typically involved
in acts of bullying:
Threat to Professional status: Some of the types of bullying usually involve a kind of
humiliation to the target person’s efforts or work. It may include claims regarding lack of
effort, blame of lower competency skills of the target employee.

Threat to personal standing: Certain acts of bullying try to personally harm the target
employee. It may involve sarcasm, making inappropriate jokes, teasing or insulting the
employee under target.

Seclusion: The persons who try to bully or harm certain employee may completely keep the
target individual in an isolated environment. They may withhold necessary information;
prevent access of opportunities to the target employee.

6.2. Work place discrimination

Discrimination at work place refers to any kind of conduct, action, behaviour or decision
which is taken against an employee on basis of some prejudice or filthy beliefs. The
employees may be discriminated on the basis of age, sex, race, culture.

Discrimination occurs when an employee suffers unfavourable or unfair treatment due to

their race, religion, national origin, disabled or veteran status, or other legally protected
characteristics. This group could also include employees who suffer reprisals for opposing
work place discrimination or for reporting violations to the authorities.

Discrimination occurs when a person is subjected to unlawful workplace harassment.

Discriminatory harassment, unlike other forms of harassment such as physical or verbal
harassment, is defined by aim rather than how it is carried out.

6.2.1. Determining Discrimination

The employer or co-workers can be charged and sued on a number of legal theories that
cover discrimination on the job. According to [Link], specific acts of work place
discrimination include intentional or negligent infliction of emotional distress, harassment,
assault, battery, invasion of privacy, defamation, interference with an employment contract,
and wrongful termination. In all such case it is the duty or responsibility of the victim
employee to resolve such kind of discriminations. They may directly talk to the employer or
superior or may also file a complaint against them under the grounds of right to work.

6.2.2. Forms of discriminatory harassment

Discriminatory harassment comes in a variety of forms, some of which are easily

identifiable:

 Racial Harassment: Racism is perpetrated against victims based on their race,

ancestry, skin color, country of origin, or citizenship. Racial harassment takes
many forms, including racial insults, racial slurs, racial jokes, disgust, disparaging
remarks, and so on.
  Gender Harassment: This is a form of gender discrimination. Negative gender
stereotypes regarding how women and men should act according to their gender
are a good example.
 Religious Harassment: Religious harassment is sometimes confused with racial
harassment, but it focuses on the victim's religious beliefs. Intolerance of
religious holidays, traditions, rituals, offensive religious jokes, and pressure to
convert to another religion are all examples.
 Disability-Based Harassment: This type of harassment targeted on disabled
individuals may be teasing, refusal to accommodate, or patronizing comments. It
is aimed largely towards people who have a disability.

6.2.3. Effects of Discrimination in the Work Place

Work place discrimination has several adverse outcomes. Some of them are:

1. It has a negative effect on the transactions of the organisation and also

hampers the company’s reputation.
2. It restricts the advancement to certain groups or types of employees.
3. It lowers down the employee commitment and increases the rate of
turnovers
4. It categories and creates a strata or group of people which may turn out to be
hostile in nature.

6.3. Personal harassment

This form of workplace harassment isn't motivated by the victim's membership in any
protected class (such as religion, race, and gender). This type of bullying isn't illegal but still
has the potential to cause harm. Any behaviour that makes the victim's work environment
insulting or intimidating is included.

Personal harassment can take many forms like:

 Unsuitable comments
 The humiliation of the self
 Hurtful jokes
 Remarks of critique
 Intimidation tactics
 Behaviours that are degrading

6.4. Physical harassment

Physical harassment in the workplace can vary in degrees. These can include simple
unwanted gestures, like touching an employee’s clothing, hair, face or skin, and more severe
gestures, like physical assault, threats of violence and damage to personal property.
Threats or physical attacks are used in physical harassment, which is also known as
workplace violence. They might also be deemed an assault when they go to extremes.
Physical actions like shoving with a light-hearted aim can often blur the limits between what
is and is not suitable. As a result, it is up to the individual experiencing the behaviour to
choose whether it is suitable or threatening.
Examples:
 Threats of danger are made openly.
 Shoving, hitting, and kicking are examples of physical attacks.
 Threatening actions, such as violently shaking fists

6.5. Power harassment

The fact that there is a power imbalance between the harasser and the harassed is a
defining element of power harassment. Using his/her power, the harasser, who is higher in
the office hierarchy, bullies the victim. Supervisors and subordinates are frequently involved
in this situation. Personal harassment, acts of violence, and, most commonly, psychological
harassment are examples of power harassment.

6.6. Psychological harassment

Psychological harassment is similar to verbal harassment, but it is more covert and consists
of exclusionary tactics, like withholding information or gas lighting.

Harassment of this nature has a negative impact on a person's mental health. Psychological
harassment victims frequently experience feelings of being dismissed or belittled on a
professional or personal level, or both. Their psychological harm spreads, affecting their
work, social lives, and physical health.

The following are some examples of workplace psychological harassment:

 Isolating or denying the victim's presence
 Defaming or trivializing the victims' feelings
 Discrediting or spreading rumours about the victim
 Objecting to or challenging what the victim says

6.7. Retaliation harassment

Many people are unaware that retaliation harassment takes place in subtle ways. It occurs
when someone harasses someone in order to exact retribution for filing a complaint against
them before and to prevent them from filing another complaint.

The following is an example of retaliatory harassment:

 Person A lodges a formal complaint against Person B.
 When Person B learns about the complaint and who filed it, he or she
contacts Person A.
  Person B harasses person A as a form of retaliation and to prevent further
accusations.
 In revenge, person B starts attacking person A.

6.8. Verbal harassment

Employees are frequently subjected to verbal harassment. It could be the outcome of
personality clashes that have evolved from a casual eye roll to a tough fight. Verbal abuse
between persons is not unlawful, unlike many other forms of discrimination. It usually
manifests as someone obnoxious and impolite all the time.

As a result, workplace verbal harassment is frequently destructive and demoralizing, as

employees refuse to cooperate with the abusive person. Cursing, screaming, threatening,
and insulting a victim in private or public are some of the most evident verbal harassing
behaviours.

6.9. Third-party harassment

A type of workplace harassment in which the outside the firm – is known as third-party
harassment. Unlike most cases, when the harasser is a co-workers, manager, or supervisor,
the third party in this scenario is a company's supplier, vendor, client, or customer.

Younger personnel in low-status roles, such as cashiers and sales associates, are frequently
the victims. They are easy targets because of their lack of experience and position in the
firm, as well as their reluctance to speak up since they are afraid of losing their employment.

6.10. Sexual harassment

Sexual harassment is a kind of threat, pressure, coercion or bullying and is totally on basis of
the sex of the victim employee or employees.

It can also be in form of a promise of rewards in exchange for sexual favours. The act of
sexual harassment may also be in form of an unwelcome sexual gesture or behaviour
whether directly or indirectly as sexual remarks; physical contact and advances; showing
pornography; a demand or request for sexual favours; any other unwelcome physical,
verbal/non-verbal conduct being sexual in nature.

According to India’s constitution, sexual harassment invades the fundamental right of a

woman to gender equality under Article 14 of the Constitution of India and her right to life
and live with dignity under Article 21 of the Constitution.

Although there is no specific law against sexual harassment at workplace in India but many
provisions in other legislations protect against sexual harassment at workplace, such as
Section 354, Indian Penal Code (IPC) deals with “assault or criminal force to a woman with
the intent to outrage her modesty, and Section 509, IPC deals with “word, gesture or act
intended to insult the modesty of a woman”.

Sexual harassment refers to any form of sexual harassment, including unwanted sexual
actions, approaches, or behaviour. Other forms of harassment take time to manifest or
become immediate effect. Sexual harassment is one of the types of unlawful employment
discrimination that is immediately dealt with.

6.10.1. What is sexual harassment at workplace?

“Sexual Harassment” includes anyone or more of the following unwelcome acts or

behaviour (whether directly or by implication), namely:
1. Physical contact or advances;
2. A demand or request for sexual favours;
3. Making sexually coloured remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

Sexual Harassment is defined as:

 The distribution of explicit pornographic material
 Sexual posters are being distributed.
 Using sexual jokes or making sexual remarks
 Sexual contact with minors
 Sexual gestures that are indecent
 Sexual invasion of a person's personal space

6.10.2. What constitutes sexual harassment?

Unwelcome sexual advances, requests for sexual favours, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when one or more of the following
is true:
 A person feels that submission to the conduct is necessary in order to get
or keep a job.
 A person feels that employment decisions such as raises, promotions, and
demotions depend on whether he or she submits to or rejects the
conduct.
 The conduct interferes with a person's work performance or creates an
intimidating, hostile, or offensive working environment.

Some important facts to remember about sexual harassment are:

 Both men and women can be victims of sexual harassment.

  Either a man or a woman can be a harasser. According to a Supreme
Court decision, illegal sexual harassment may be found even where the
victim is the same sex as the harasser.
 The person complaining of sexual harassment does not have to be the
person at whom the conduct was directed — it can be someone else who
was affected by the conduct.
 Harassment can occur at work, at company-sponsored events, or
between co-workers away from work.
 Harassment situations can be peer-against-peer, supervisor-against-
employee, or third- party-against employee (such as when a customer or
supplier harasses a worker).
 There are several types of sexual harassment.

6.10.3. Forms of Sexual harassment

Sexual harassment can take several forms. The two most common forms are described as
quid pro quo sexual harassment and hostile work environment sexual harassment:

Quid Pro Quo Sexual Harassment

Quid pro quo is Latin for "something for something" or "this for that." When an
employee is asked, either directly or indirectly, to submit to a sexual advance in
exchange for some benefit at work (such as a promotion or a pay advance), quid
pro quo harassment has occurred. Only supervisors or managers can engage in
this type of harassment since it requires the authority to grant a job favour in
return for the unwelcome advance or request.

A victim may be asked to do the following in exchange for sexual or romantic

favours:
 Receive a job offer
 Obtain a raise
 Get a free trek
 Take advantage of the opportunity
 Avoid being demoted
 Attempt to avoid being fired

Hostile work environment harassment

When harassment makes the workplace intolerable because constant sexual or

gender-based activity or comment interferes with an employee's ability to do his
or her job, hostile work environment sexual harassment has occurred. This type
of harassment can be committed by co-workers or supervisors because it does
not require any authority to create such an environment. The U.S. Supreme
 Court has ruled that sexual desire or attraction need not play a part in hostile
work environment harassment; a hostile work environment may be found, for
example, when employees tease and torment another employee of the same sex
unmercifully for reasons relating to the employees physical attributes, love life,
etc.

6.10.4. Some examples of behaviour that constitute sexual harassment at the

workplace

1. Making sexually suggestive remarks or innuendos

2. Serious or repeated offensive remarks, such as teasing related to a person’s body
or appearance.
3. Offensive comments or jokes.
4. Inappropriate questions, suggestions or remarks about a person’s sex life.
5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-
mails.
6. Intimidation, threats, blackmail around sexual favours.
7. Threats, intimidation or retaliation against an employee who speaks up about
unwelcome behaviour with sexual overtones.
8. Unwelcome social invitations, with sexual overtones commonly understood as
flirting.
9. Unwelcome sexual advances which may or may not be accompanied by promises
or threats, explicit or implicit.
10. Physical contact such as touching or pinching.
11. Caressing, kissing or fondling someone against her will (could be considered
assault).
12. Invasion of personal space (getting too close for no reason, brushing against or
cornering someone).
13. Persistently asking someone out, despite being turned down.
14. Stalking an individual.
15. Abuse of authority or power to threaten a person’s job or undermine her
performance against sexual favours.
16. Falsely accusing and undermining a person behind closed doors for sexual
favours.
17. Controlling a person’s reputation by rumour-mongering about her private life.

6.10.5. Some examples of behaviour that may indicate underlying workplace

sexual harassment and merit inquiry

1. Criticizing, insulting, blaming, reprimanding or condemning an employee in

public.
2. Exclusion from group activities or assignments without a valid reason.
3. Statements damaging a person’s reputation or career.
 4. Removing areas of responsibility, unjustifiably.
5. Inappropriately giving too little or too much work.
6. Constantly overruling authority without just cause.
7. Unjustifiably monitoring everything that is done.
8. Blaming an individual constantly for errors without just cause.
9. Repeatedly singling out an employee by assigning her with demeaning and
belittling jobs that are not part of her regular duties.
10. Insults or humiliations, repeated attempts to exclude or isolate a person.
11. Systematically interfering with normal work conditions, sabotaging places or
instruments of work.
12. Humiliating a person in front of colleagues, engaging in smear campaigns.
13. Arbitrarily taking disciplinary action against an employee.
14. Controlling the person by withholding resources (time, budget, autonomy, and
training) necessary to succeed.

6.10.6. Some examples of workplace behaviours that may not constitute sexual
harassment

1. Following-up on work absences.

2. Requiring performance to job standards.
3. The normal exercise of management rights.
4. Work-related stress e.g. meeting deadlines or quality standards.
5. Conditions of works.
6. Constructive feedback about the work mistake and not the person.

6.10.7. Steps to Prevent Sexual Harassment

No doubts there are certain articles and amendments done in order to protect the act of
sexual harassment at work place. But as said, ‘prevention is always better than cure’. Then
instead of waiting for the incidents to happen, the organisation as well as employees can
take care of several factors in advance.

Some of the steps which can be followed in order to avoid such unwanted actions can be as
follows:
 The management may place notices, publish articles as well as circulate
notifications against the prohibition of sexual harassment
 As regards private employers, steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
 The work environment as well as the work conditions should be as such
that there is no hostile environment towards women at work places and
no employee woman should have reasonable grounds to believe that
she is disadvantaged in connection with her employment.
  The organisations should formulate certain policies norms as well as
disciplinary actions against such misconducts.
 The organisation should form certain committee which can facilitate
victim employees to complain and deal with such kind of harassment.

6.10.8. Sexual harassment laws in India

According to the law in India, sexual harassment violates the women’s fundamentals right of
gender equality and life with dignity under article 14 and article 21 respectively. Although
there are no specific laws for curbing sexual harassment at the workplace in India but
certain provisions are there in other legislation like India penal code, which provides
protection against women’s sexual harassment such as in IPC:
 Section 294 deals with obscene acts and songs at public place.
 Section 354 deals with assault or criminal force against women.
 Section 376 deals with rape.
 Section 510 deals with uttering words or making gestures which outrages a women’s
modesty.

6.10.9. International Laws and Policies for Addressing Sexual Harassment in

the workplace

 United Nations General Assembly Resolution 48/104 123 on the Declaration on the
Elimination of Violence Against Women defines violence against women to include
sexual harassment, which is prohibited at work, in educational institutions, and
elsewhere (Art. 2(b)), and encourages development of penal, civil or other
administrative sanctions, as well as preventative approaches to eliminate violence
against women (Art. 4(d-f)).
 The Convention on the Elimination of all Forms of Discrimination against Women 124
(CEDAW) directs States Parties to take appropriate measures to eliminate
discrimination against women in all fields, specifically including equality under law, in
governance and politics, the workplace, education, healthcare, and in other areas of
public and social life. (Arts. 7-16).
 Moreover, the Beijing Platform for Action, para. 178125 , recognizes sexual
harassment as a form of violence against women and as a form of discrimination,
and calls on multiple actors including government, employers, unions, and civil
society to ensure that governments enact and enforce laws on sexual harassment
and that employers develop anti- harassment policies and prevention strategies.
 The ILO Committee of Experts on the Application of Conventions and
Recommendations has confirmed that sexual harassment is a form of sex
discrimination covered by the Discrimination (Employment and Occupation)
Convention (No. 111) of 1958. The ILO’s Indigenous and Tribal Peoples Convention
(No. 169) also specifically prohibits sexual harassment in the workplace.
  The International Covenant on Economic, Social and Cultural Rights contains
several provisions particularly important for women. Article 7 recognises her right to
fair conditions of work and reflects that women shall not be subjected to sexual
harassment at the place of work which may vitiate working environment.

6.10.10. The Process for filing of Complaints

A complaint of sexual harassment can be filed within a time limit of 3 months. This may be
extended to another 3 months if the woman can prove that grave circumstances prevented
her from doing the same. The Act has a provision for conciliation. The ICC/LCC can take
steps to settle the matter between the aggrieved woman and the respondent; however this
option will be used only at the request of the woman. The Act also provides that monetary
settlement shall not be made a basis of conciliation. Further, if any of the conditions of the
settlement is not complied with by the respondent, the complainant can go back to the
Committee who will proceed to make an inquiry. The Committee is required to complete
the inquiry within a time period of 90 days. On completion of the inquiry, the report will be
sent to the employer or the District Officer, as the case may be, they are mandated to take
action on the report within 60 days. In case the complaint has been found proved, then the
Committee can recommend action in accordance with the provision of service rules
applicable to the respondent or as per the rules which will be prescribed, where such
service rules do not exist. In case the allegation against the respondent has not been proved
then the Committee can write to the employer/district officer that no action needs to be
taken in the matter.

6.10.11. Punishments

The POSH Act prescribes the following punishments that may be imposed by an employer
on an employee for indulging in an act of sexual harassment:
I. punishment prescribed under the service rules of the organization;
II. if the organization does not have service rules, disciplinary action including
written apology, warning, reprimand, censure, withholding of promotion,
withholding of pay rise or increments, terminating the respondent from
service, undergoing a counselling session, or carrying out community service;
and
III. deduction of compensation payable to the aggrieved woman from the wages
of the respondent.

The POSH Act also envisages payment of compensation to the aggrieved woman. The
compensation payable shall be determined based on:

I. the mental trauma, pain, suffering and emotional distress caused to the
aggrieved employee;
II. the loss in career opportunity due to the incident of sexual harassment;
 III. medical expenses incurred by the victim for physical/ psychiatric
treatment;
IV. the income and status of the alleged perpetrator; and
V. feasibility of such payment in lump sum or in instalments. In the event
that the respondent fails to pay the aforesaid sum, ICC may forward the
order for recovery of the sum as an arrear of land revenue to the
concerned District Officer.

7. Role of Posh ACT, 2013

7.1. What is POSH Act?

The victims of sexual harassment face several physiological effects, such as stress, shame,
guilt, depression and no employee would be able to work optimally while being in such a
situation. In order to overcome the menace and for overall protection from sexual
harassment against women, the Government enacted the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act is popularly known as
the POSH Act. The Act along with the POSH rules are together known as the POSH laws.
POSH Act is divided into many sections from section-1 to section-30.
Effective from April 23, 2013; the Act is applicable to the ‘whole of India’. As per the POSH
Act, an ‘aggrieved woman’ in relation to a workplace, is a woman of any age, whether
employed or not, who alleges to have been subjected to any act of sexual harassment.

7.2. Major elements of POSH Act

The three major elements of the PoSH Act are as follows:

 Prevention of sexual harassment in the workplace.
 Setting up an Internal Complaints Committee (ICC) to address complaints.
 Providing a framework for redressal and action against sexual harassment cases .

7.3. How is Sexual Harassment defined under the POSH Act?

According to Section 2(n) of the POSH Act, any of the following (either directly or by
implication) shall include sexual harassment:

1. physical contact and advances;

2. a demand or request for sexual favours;
3. making sexually coloured remarks;
4. showing pornography;
5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Section 3 of the POSH Act further widens the definition of sexual harassment by stating that
any of the following also amount to sexual harassment:

1. implied or explicit promise of preferential treatment in the victim’s employment;

2. implied or explicit threat of detrimental treatment in the victim’s employment;
3. implied or explicit threat about the victim’s present or future employment status;
4. interferes with the victim’s work or creating an intimidating or offensive or hostile
work environment for her and
5. humiliating treatment likely to affect the victim’s health or safety.

The POSH Act defines the terms ‘sexual harassment’, ‘workplace’ and ‘aggrieved woman’,
understanding of which are important so as to ensure a harassment free environment at a
workplace. It also gives mandates such as the constitution of Internal Complaints Committee
(ICC) that are to be followed by organisations/employers. Rules regarding the Local
Complaints Committee, making of a complaint and the inquiry by ICC are also covered
extensively. Other duties of the employer such as providing a safe working environment and
display of penal consequences of sexual harassment are also stated in the Act.

The POSH Act has been enacted with the objective of preventing and protecting women
against workplace sexual harassment, and to ensure effective redressal of complaints of
sexual harassment.
The POSH Act applies to both the organized and unorganized sectors in India. It inter alia,
applies to government bodies, private and public sector organizations, non-governmental
organizations, organizations carrying out commercial, vocational, educational,
entertainment, industrial, financial activities, hospitals and nursing homes, educational
institutes, sports institutions and stadiums used for training individuals and also applies to a
dwelling place or a house.
The definition of an ‘employee’ under the POSH Act is fairly wide to cover regular,
temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or
through an agent, contract labourers, co-workers, probationers, trainees, and apprentices,
with or without the knowledge of the principal employer, whether for remuneration or not,
working on a voluntary basis or otherwise, whether the terms of employment are express or
implied.

8. What does data tells?

Data showed that these companies registered 759 cases in FY22 compared to 595 reported
in FY21. The number of cases has not surpassed pre-Covid levels. In FY20, these companies
reported an aggregate of 999 sexual harassment cases amid the #MeToo movement gaining
momentum, leading to employee activism in India. Typically, in such waves, employees feel
empowered and confident to break their silence when it comes to reporting misconduct
issues at the workplace.

“Work-from-home had resulted in considerable reduction in sexual harassment complaints,

but they have again begun to rise due to the opening of offices. The higher cases are due to
the partial lifting of lockdowns compared to last year,” says Vishal Kedia, POSH expert and
founder, Complykaro Services.

As India Inc. switched to remote and hybrid models of work during the lockdown,
complaints in companies under review declined in FY21, while employee policies strategized
to create a more encompassing mechanism to address and report similar issues.

Analysis of the data indicates a dichotomy or stark contrast as the number of complaints
received in government-owned companies lags private peers in comparison. Among 14
public sectors undertaking (PSU) companies in the BSE 100, 12 reported complaints, mostly
with one or two cases. Among PSUs, the State Bank of India with 43 complaints has the
highest number of reported cases in FY22. However, that’s a decline from 45 in the previous
year. Next among PSUs is Bank of Baroda which reported 25 cases in FY22 compared to 16
in the year-ago period, followed by Indian Oil Corporation—nine in FY22, from four in the
previous year.

Among sectors, banking, financial services and insurance (BFSI) and Information technology
(IT) and IT-enabled services (ITES) accounted for 69.5 percent of all sexual harassment
complaints in FY22. Out of the total, BFSI accounted for 44 percent or 334 cases in FY22,
showing an increase compared to pre-Covid levels (276 in FY21 and 330 in FY20).

IT/ITES accounted for 25.43 percent (193) of the total cases in FY22. The number of
complaints in the IT/ITES space is still 46.25 percent lower compared to pre-Covid levels
though it inched up from ’59 percent lower’ during the complete shut down a year ago in
FY20.

9. Why reporting workplace harassment is important?

The importance of reporting any form of workplace harassment, because there may be
others who have already reported similar offenses by the same person (or group of people).
And if nobody has reported it yet, then it is even more important to call HR’s attention to it.
You never know how many others might have been impacted by that perpetrator,
regardless of whether or not they chose to report it.

Many organizations have formal policies for reporting workplace harassment. Make sure
you check your employee handbook or, if you are committed to reporting, ask your HR
department how to go about doing so.
10. How to report workplace harassment?

If your employer doesn’t have a formal reporting process in place, here are some of the
steps that you can follow in a nonviolent situation:
1. If the harassment does not involve physical violence, try to resolve the situation
directly with the perpetrator. Approach them in a private manner and explain why you
feel you are being harassed. If the situation seems too dangerous to do so, then
keeping yourself safe is the top priority.
2. Consider escalating the issue to your immediate manager – unless, of course, your
manager is the perpetrator. Bring the issue to the attention of HR if your attempts to
resolve it with the harasser fail. If you can, provide evidence, such as screenshots,
texts, emails and eyewitness accounts. If your company uses HR software, file
complaints through the appropriate portal to ensure everything is documented.
3. If you feel that your managers, HR and company management did not deal with your
case satisfactorily, get in touch with the EEOC, which can investigate the incident
impartially. Some large municipalities and metro areas, like New York City, have their
own laws and agencies regulating workplace conduct, in which case a victim may
make a claim through that municipality.

11. What to avoid when facing workplace harassment?

When dealing with workplace harassment, you should avoid a few behaviours. These
mistakes could serve to escalate the situation or put you in a dangerous position.
 Do not retaliate. Retaliation can escalate the issue and will often make matters more
complicated. Instead, escalate the issue properly, and let your HR professional
handle things from there.
 Do not complain to co-workers. Your colleagues do not have much power to change
anything and will likely water down your version of events if they are called to
testify. Also, it’s important to remember that your co-workers all have different
relationships with each other. You never know how that person feels about the
perpetrator and how you may be muddying the waters if you are talking negatively
about them (even if it is warranted).
 Do not keep quiet. You should always report any form of harassment, and it should
be handled accordingly. Remaining quiet will not make the perpetrator’s behaviour
go away. All harassment incidents should be reported, and all complaints should be
thoroughly investigated.

12. Workplace harassment laws

While effective policy starts with the decisions of business owners, there are federal and
state laws that protect workers from workplace harassment.
These are some other workplace harassment laws:
 The Equal Pay Act of 1963 makes it illegal for businesses to pay different wages to
men and women if they complete the same level of work in the same workplace.
 Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against
someone on the basis of race, color, religion, national origin or sex. It also protects
victims and individuals who report these crimes in or out of the workplace.
 The Age Discrimination in Employment Act of 1967 says that individuals over 40
years old cannot be discriminated against in the workplace because of age.

13. Laws against work place violence and harassment

The constitution of India has enacted several laws in order to protect the employees against
exploitation, violence and harassment at work place. Some of them can be pointed out as
follows.

13.1. Workers Compensation Act of 1951

The Workers Compensation Act of 1951 act provides reimbursement for time off work as
well and medical costs associated with medical conditions arising from injuries which might
have occurred due to the incident of work place violence. A claim form must be completed
and lodged with the worker’s employer. The employer is obligated to forward the claim to
their insurer for consideration.

The sections of the IPC have declared the act of sexual harassment at work place to be a
criminal offence. Though, no laws have been amended against sexual harassment at work
place, yet certain sections of IPC have regulated certain rules and guidelines against it. They
can be mentioned as follows:

1) Section 294: This section mentions that a person or a group of person will be
punished with imprisonment of either description for a term that may extend to
three months, or with fine, or with both to the annoyance of others, if the person (a)
does any obscene act in any public place, or (b) sings, recites and utters any obscene
songs, ballads or words, in or near any public space’.
2) Section 354: The section mentions that an individual or group of individuals shall be
punished with imprisonment for a term which may extend to two years, or with fine,
or with both if they assault or use criminal force on any woman, intending to outrage
her modesty or knowing it likely that he will thereby outrage her modesty.
3) Section 509: The section holds that whoever intends to insult the modesty of a
woman, utters any word, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such gesture is seen by
such woman, or intrudes upon the privacy of such woman, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with
both.’
13.2. Indecent Representation of Women (Prohibition) Act (1987)
According to this act, if an individual harasses another with books, photographs, paintings,
films, pamphlets, packages, etc. containing the “indecent representation of women”, they
are liable for a minimum sentence of 2 years. Section 7 (Offenses by Companies) further
holds companies where there has been “indecent representation of women” (such as the
display of pornography) on the premises, guilty of offenses under this act, with a minimum
sentence of 2 years.

13.3. Federal Law against Age Discrimination in Employment Act

The ADEA’s broad ban against age discrimination prohibits statements or specifications in
job notices or advertisements of age preference and limitations. An age limit may only be
specified in the rare circumstance where age has been proven to be a bona fide
occupational qualification (BFOQ) and also prohibits the denial of benefits to older
employees.

13.4. Federal Law through Equal Pay Act

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits,
where men and women perform work of similar skill, effort, and responsibility for the same
employer under similar working conditions.

14. Handling and Preventing Harassment

The best way to reduce your liability should harassment ever occur is to have policies and
procedures in place that show that you did everything you could to prevent harassment
from occurring.

The following is a "top ten" list of the essentials for preventing and dealing with harassment:

 Establish an effective complaint procedure and encourage employees to feel

comfortable coming to you with any problems they face at work, including any
harassment that might occur.
 Create and communicate your anti-harassment policy.
 Treat any incident as if it is a court case from the moment it is reported (most
importantly, notify your attorney right away).
 Quickly investigate any claims that might occur.
 Don't take any action that can be seen as harming the person making the complaint.
For example, don't transfer the complaining party to a worse location in order to
separate the parties.
 Do whatever is necessary to stop the harassment immediately.
 Restore any job benefits that were lost due to the harassment.
 Discipline the person who committed the harassment. If disciplinary action of the
harasser is not considered appropriate, document the reasons why.
 Take action to correct past discrimination based on the harassing conduct, if
appropriate.
  Painstakingly document the investigation and the steps you took to remedy the
situation.

15. Establishing a procedure for harassment complaints

Harassment complaints are a serious matter. Be sure to keep the following points in mind to
appropriately address the claim:

 Take every complaint seriously.

 Investigate every complaint.
 Try not to make credibility judgments based on the reputation of the person
complaining or the person accused of harassment. In a very small business where
you know all the employees quite well, this is difficult to do. Do your best to remain
objective, until your investigation of the complaint is complete.
 Don't assume that the person making the complaint is being oversensitive.
 Don't leave it to the parties involved to work it out.
 Remember that not all employees will label unwelcome conduct as harassment. An
employee might complain, for example, about "unprofessional conduct" or
"inappropriate behaviour." Ask the employee to describe the conduct more
specifically.

16. Creating a zero tolerance harassment policy

An important part of preventing harassment claims and protecting your business is a written
policy stating that harassment will not be tolerated. Remember, too, that your state's law
may require you to have a sexual harassment policy. Any harassment policy should contain:

 a definition of harassment
 a harassment prohibition statement
 a description of your complaint procedure
 a description of disciplinary measures

As with other complex policies, it is important to define exactly what type of conduct it is
that is unacceptable and prohibited. Being clear not only helps you enforce the policy, but
helps employees understand what your expectations are.

17. Conclusion
India is rapidly advancing in its developmental goals and more and more women are joining
the work force. The recognition of the right to protection against sexual harassment is an
intrinsic component of the protection of the women’s human rights. It is all a step towards
providing women independence, equality of opportunity and the right at work with dignity.
Sexual harassment at the workplace is a social challenge that needs to be addressed. It is
important to enhance the awareness of employers and employees on the existence of forms
of sexual harassment at the workplace, preventive measures, and legal framework on
preventing and addressing sexual harassment. Dissemination and awareness raising
activities should be regularly conducted and evaluated in order to improve best practice on
how to address sexual harassment in the workplace, and also to forewarn and inform of
forms of sexual harassment to enable potential victims to avoid them. Enhancing training
courses on sexual harassment and providing documentation or a handbook on the
prevention of sexual harassment at the workplace can help in combating it.

Our study gives an insight into the depth of the workplace harassment among women,
which is on the rise because of the increase in number of working women. Harassment is a
serious problem that must be addressed by the government in order to ensure a safe
working environment for women.

18. References

1. [Link]
2. Pandey, P.K., Sexual Harassment: A Crime against Women (April 12, 2012).
3. Singh, Priti, Sexual Harassment at Work Place (July 27, 2012).
4. K D Gaur, “A TEXTBOOK ON THE INDIAN PENAL CODE”, 3rd edition, 2004, UNIVERSAL
LAW PUBLISHING Co. Pvt. Ltd.
5. [Link]
harassment-cases-in-India’s-top-companies-shows-dichotomy/
6. International Monetary Fund: Policy on Harrasment. Available from:
[Link]
7. [Link]
8. "National Policy for the Empowerment of Women (2001)". Retrieved 24 December
2006.
9. National Commission of Women, [Link]
10. The Constitution of India, as modified up to the 1st Dec, 2007.
11. [Link]
organization/
12. [Link]