Will Sexual Harassment Of Working Women Ever Stop?
Despite the existence of the POSH Act, the law’s implementation is still inconsistent, especially in small and medium-sized enterprises, leaving many women vulnerable
Will Sexual Harassment Of Working Women Ever Stop?
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Renowned lawyer Seema Joshi emphasizes the importance of breaking the silence and encourages women to file complaints, despite the challenges they may face. She advocates for stronger, more impartial internal complaints committees and the need for greater awareness and education surrounding sexual harassment
Can you believe that one in every three working women in the country has experienced sexual harassment in the office at some point. Don't assume that women working in multinational or famous companies or institutions are safe. They are also harassed in the same way as a female worker in a small factory. Sexual harassment of working women in India in offices, factories, and other places is a serious issue. It is essential to understand it on legal, social, and individual levels. Sexual harassment includes many types of unwanted behaviour, including: physical contact and molestation, demands or requests for sexual favours, sexually suggestive remarks, showing obscene literature. In addition to all this, any other unwanted physical, verbal, or non-verbal conduct that is of a sexual nature.
Renowned lawyer Seema Joshi has written about the experiences of dozens of women who have been victims of sexual harassment in her latest book, "Breaking The Silence." She says that if a person makes physical contact, molests, or makes sexually suggestive comments with his female colleague, it also comes under the category of sexual harassment. Although there is a law to prevent sexual harassment, not all harassed women take recourse to it. Why? Seema Joshi says the reason is the fear of society. The POSH (Prevention of Sexual Harassment) Act, enacted in 2013 to prevent sexual harassment in the workplace, has had mixed results. This law has mandated companies to form internal complaints committees and establish a mechanism for redressal of sexual harassment complaints. In many small and medium-sized enterprises, this law has not been properly implemented.
In some cases, this law is also appearing to be misused. Take an example of this. In the office of a builder in Connaught Place in the capital, the appointment to the post of Section Officer was to be made on the basis of seniority from the office itself. There were two contenders for that post. One was a woman and the other was a man. Before the appointment, the female employee accused her male colleague of sexual harassment. The truth came to light in the investigation report of the internal complaints committee. However, even before the report came, the victim, who was falsely accused, left the job.
Seema Joshi believes that due to the law made in favour of working women, awareness about sexual harassment at workplaces has increased. After this law, companies have been forced to form internal complaints committees (ICCs) and establish a mechanism for resolving sexual harassment complaints. To some extent, the feeling of feeling safe in the workplace has increased among employees. However, the aforementioned law has not been properly implemented in many small and medium-sized enterprises.
In fact, the problem of sexual harassment in India is related to gender inequality and patriarchal mindset. Women are often underestimated by men in workplaces, making them vulnerable to harassment. Women who are victims of sexual harassment often hesitate to file a complaint due to social pressure and fear of stigma. They fear that people will not believe them or will blame them. Many women are not aware of their rights and the definition of sexual harassment. Therefore, they do not recognize harassment or raise their voices against it. Sexual harassment has a serious impact on the mental health of women. It can lead to stress, anxiety, depression, low self-esteem, and post-traumatic stress disorder.
The foreword of "Breaking The Silence" has been written by recently retired Supreme Court Justice Hima Kohli. Hima Kohli says that half the population of India leaves home for work. It should be ensured that the environment where they work is better and they are not exploited in any way. She believes that our society is such that it is not easy for a harassed woman to raise her voice in her favour. The situation of women working in the unorganized sector is really very bad.
Meanwhile, awareness programs against sexual harassment are not conducted in many institutions. Due to this, employees do not know about their rights and redressal mechanisms. Similarly, in many places, internal complaints committees are only nominal and they fail to conduct fair investigations of complaints. In some cases, the members of the committees themselves are sympathetic to the accused or pressure the victim to remain silent.
In fact, internal complaints committees have to be made independent and impartial. Its members should be trained to investigate cases of sexual harassment. The government should simplify the legal process in cases of sexual harassment so that victim women can easily get justice. See, with the increasing spread of education, the number of working women will continue to increase. Therefore, it is very important to provide security to working women. Seema Joshi says that women have to leave the fear of society and file complaints about the cases of sexual harassment happening to them. They have to fight for their rights. The society has to come in their favour. Seema Joshi tells a very special thing that if a woman is being harassed, then the management of her office cannot take action on its own. The victim has to file a complaint.
(The author is Delhi-based senior journalist and writer. He is author of Gandhi's Delhi which has brought to the forth many hidden facts about Mahatma Gandhi)