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POSH Act

RGNUL Student Protest- A Symbol of Pervasive Culture of Sexual Harassment in National Law Universities

by Parika Singh 08/12/2024

written by Parika Singh

Ground Report By Kashish Singh

Written Report By Parika Singh

“Courage calls to courage everywhere, and its voice cannot be denied.”

– Millicent Fawcett

The Rajiv Gandhi National University of Law (RGNUL) students, Patiala, became a testament to Fawcett’s words when they chose to stand together against their Vice-Chancellor (VC) this week. In the scorching heat, 400 students sat in a protest demanding resignation from the University VC citing his sexist remarks and orthodox approach toward students.

On Sunday, reports emerged that Dr. Jai Shankar Singh allegedly entered the women’s hostel and made inappropriate remarks to the female students inside their rooms. The student body, already aggrieved with his restrictive approach to critical thinking in academics, gender-based discrimination, and dismissal of safety and mental health concerns, was enraged by this invasion of privacy and unwarranted comments on their clothes, activities, and personal possessions.

The students made a representation before Justice Sheel Nagu, Hon’ble Chief Justice of Punjab and Haryana High Court, and Chancellor of RGNUL, seeking the removal or resignation of the VC based on his actions. The letter sent on September 23, showcased a pattern of objectionable behaviour throughout his tenure and highlighted a prior show cause notice received by him as Dean of Law, Allahabad University, for visiting a faculty member after working hours and making objectionable statements.

The egregious response of the administration toward this situation was also questioned when they suddenly shut down the campus instead of initiating a proper investigation through its Internal Complaints Committee (ICC).

The Womb spoke to the protesting students on the ground. Students were petrified of coming forward to the press for fear of repercussions from the administration.

A student hiding their identity using an umbrella said, “At around 2 PM on Sunday, VC Sir entered the girls’ hostel in the pretext of a regular check without any prior intimation. Many girls didn’t want him to enter the rooms but he still did and asked unwarranted questions.”

Students alleged this wasn’t the first incident and Dr. Jai Shankar had repeatedly violated students’ privacy by making un-called-for remarks vis-à-vis students’ financial conditions or personal emergencies. His problematic approach wasn’t limited to students but also targeted female staff members, guards, and faculty members.

Unfortunately, this was not the first case of sexual harassment in Indian law schools that garnered limelight in recent times. It was not even the first one this year. In May, a bench headed by the Hon’ble Chief Justice of Gujarat High Court Ms. Sunita Agarwal took strong exception to the lack of action taken by the Registrar of Gujarat National Law University (GNLU), Gandhinagar, against allegations of discrimination, rape, homophobia, and suppression of voices made by the students. The order warned,

“Not a single incident disturbing the freedom of expression of any student (within the framework of law) or suppression of voice on any social and legal issue shall be tolerated.”

Later that month, the Calcutta High Court directed the ICC of the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, to examine the sexual harassment complaint of a faculty against its VC which was dismissed as time-barred by the committee. With notable similarity to the students of RGNUL, the Student Juridical Association of WBNUJS wrote to their Chancellor, the Hon’ble Chief Justice of India, to suspend the VC and prevent the Associate Professor from further harassment and threat.

The Calcutta High Court observed the “intimidating, offensive and hostile work environment” created by the VC for the complainant after allegedly sexually harassing her for over five years.

NLSIU Bangalore, NALSAR Hyderabad, National Law University Delhi, ILS Law College Pune, Symbiosis Hyderabad, it appears no university has remained unscathed from the horrors of sexual abuse by students, staff, or even the institutional heads. And these are just the prominent law schools in the country. Educational institutions of other disciplines fare no better. But Law Schools have a higher responsibility to uphold the rule of law and principles of justice for they nurture the future legal fraternity of the country to implement the same in their practices.

Naturally, their inability to foster an atmosphere of safety, non-discrimination, and transparency is concerning. It also raises a larger question on the efficacy of ICCs in handling such complaints.

The Vishakha judgment of the Supreme Court in 1997 opened the doors for protection against workplace sexual abuse in the country which led to the enactment of The Prevention of Sexual Harassment of Women at Workplace (POSH) Act in 2013. The scope of this Act was expanded to include Higher Educational Institutions through the University Grants Commission Regulation, 2015. It mandated the constitution of ICCs with a woman presiding officer, teaching and non-teaching staff, an NGO representative, and members of the student body.

All inquiries must be completed within 90 days and may result in expulsion or reformative punishment. Failure to adhere could result in the withdrawal of grants for the University and may also lead to revocation of affiliation or recognition by the government. Additionally, the Regulation also mandates periodic Gender and Sensitisation training on the campus as well as orientation programs for ICC members. Universities are also required to facilitate transportation, adequate security, and mental and physical health counsel within their premises.

However, the present cases make it clear that the mere formation of an ICC is not sufficient to address sexual harassment on campus. Inefficiency, political pressure, opaque mechanisms, fear of retribution, and double victimisation prevent harassment victims from approaching this forum in the first place. The few complaints made are often not treated with the privacy and sensitivity they deserve and rarely hold the accused accountable, particularly if they are in higher positions of authority such as Registrar or Vice-Chancellor.

In the past few years, incidents in both NLSIU and Symbiosis have come to light where student complainants were punished or suspended. But the decision to close down the entire university by RGNUL authorities in response to student complaints will set an unconstitutional precedent for universities to neglect their responsibilities under the POSH Act, discard freedom of speech and expression, and withhold education itself. It is hardly surprising that the data released by UGC on reported cases of sexual harassment in ICCs of National Law Universities is dismal at best.

Sr. No.	University	Number of cases reported in 2019-2020	2020-2021	2021-2022	2022-2023
1)	RGNUL, Patiala	2	–	3	–
2)	DSNLU, Visakhapatnam	0	–	–	–
3)	GNLU, Gandhinagar	3	0	–	0
4)	RMLNLU, Lucknow	3	–	–	–
5)	HMNLU, Shimla	0	–	–	3
6)	NUSRL, Ranchi	0	–	–	–
7)	NUALS, Kerala	0	–	–	–
8)	MNLU, Mumbai	0	–	–	–

Of the 8 NLUs that submitted their reports in 2019-2020, only 3 of them repeated the endeavour in the next three years, RGNUL being one of them. Disappointingly, tier 1 law schools such as NLSIU Bangalore, NALSAR Hyderabad, NLU Delhi, and NUJS Kolkata did not appear to have submitted their data to the UGC despite its requirement in the 2015 Regulation. Outside the NLUs, data was reported by various branches of Symbiosis, UPES Dehradun, Nirma University, Ahmedabad, and O.P. Jindal Global University, Sonipat. Interestingly, Jindal reported the highest number of cases last year- 46, indicating an efficient and functional ICC in their institute.

The UGC has asked all universities to submit their data for the year 2023-2024. With the VCs of two major NLUs being implicated this year, will their ICCs accurately report the students’ concerns or attempt to stifle them?

Currently, students from RGNUL are protesting day and night on a darkened campus. They have not been permitted to speak to anyone outside their barricaded gates. In a democratic country inside an institution that teaches fundamental rights to them, their voices crave to reach a sympathetic ear. Laws and regulations can only serve their purpose if they are implemented. The POSH Act, 2013, and the UGC Regulations, 2015, make no exception for people in the highest positions of power. But the question remains, will those students be heard?

08/12/2024 0 comments 28 views

Glad tidings: Celebrating The Growing Scope of Posh Act, 2013

by Guest Author 08/12/2024

written by Guest Author

By Srishti Sarraf

Introduction

Indian society has been patriarchal from its very inception giving rise to gender inequality as its root product. Among all other forms of gender inequalities, the instance of sexual harassment is the ugliest as they don’t just show the social backwardness and frivolous thinking but also affect sufferers’ physical and mental health; destroy their confidence hampering their psyche and reputation along with leaving a forever horrible mark. Undoubtedly, the hassle of women’s sexual harassment is not of a recent origin and has ever existed in society and with women stepping into formal professional space, the issue taking the shape of workplace sexual harassment entered there as well. The reports suggest that on average nearly 81 per cent of females have experienced some sort of sexual harassment and three-quarters among them were harassed in the capacity of an employee by someone senior to them.

Unveiling The Causes Behind Workplace Sexual Harassment

A large body of research suggests that workplace sexual harassment is a consequence of power differentials. It is not primarily a result of physical access rather a mirror reflecting male power over women. Many analysts argue that it is a tool used as an equaliser against women in power, rather than instigated by sexual desire. It is a way for men to dominate and control women, who are seen as non-conformists and have risen to positions that have been traditionally occupied by men. It is even argued that sexual harassment as an act is deeply embedded within organisational practices and policies and thus needs to be examined within the specific context and women employees with tentative tenure, economic vulnerability, or those who are self-directed are inclined to experience sexual harassment.

Unfortunately, despite earlier notoriously famous “the butt-slapping case” and other unreported incidents, it was only in 1997 when the Hon’ble Apex Court of India in the landmark judgment of Vishaka v. the State of Rajasthan considered the matter and recorded the instance as a clear breach of the right to equality and dignity. The Court went on to formulate legally binding guidelines as a helpful redressal mechanism established for safeguarding the said rights, popularly known as “Vishaka Guidelines”. This step was taken taking into account the fact that then-existing laws in India (penal and civil) were not sufficient to bestow special armour to women from sexual harassment in the workplace and that the ratification of a new enactment will require substantial time. These guidelines were in operation for almost thirteen years before being turned into well comprehensive legislation. Hopefully, at present, the country has full-fledged dedicated legislation in this regard, namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Crucial Definitions under the Act, 2013

sexual harassment: Sub-clause ii, iii, iv and v of section 2(n) which deals with the expressed or implied unwelcome acts or behaviour demanding or requesting sexual favours, making sexually coloured remarks, showing pornography and any other unwelcome verbal or non-verbal conduct of sexual nature, respectively, confirms that any “unwelcoming behaviour” can be construed as sexual harassment. In Apparel Export Promotion Council v. A.K. Chopra, the Judiciary had affirmed that “any act or gesture that intends for or has the appearance of modesty, whether explicitly or impliedly point toward or has the potential to affront the modesty of a female employee must fall under the broad definition of sexual harassment.” For instance, even “incessantly messaging an employee on her handset with unsuitable kinds of stuff, against her will, is Sexual Harassment inside the connotation of the Act.” Notably, the “intention” of the accused is immaterial for an act to be considered as sexual harassment.

‘Aggrieved Woman’: The territorial applicability of the Act extends to the whole of India and the personnel applicability of the Act is extended to cover ‘aggrieved woman’ as defined under Section 2 (a) that implies as “a woman, of any age” “whether employed or not” is within the purview of the Act. A few days back, in Pawan Kumar Niroula v. Union of India and others, the Court opined that the provisions of the Act will apply to the students of the school as well.

‘Workplace’: The Act covers both the organized and unorganized sectors and encompasses dwelling houses and various governmental and non-governmental organizations within the ambit of the ‘workplace‘ under sub-clause (o) & (p) of Section 2. In various cases, the Court interpreted that the definition of the workplace should be inclusive and non-exhaustive. Similarly, in Saurabh Kumar Mallick v Comptroller and Auditor General of India and Anr, the court highlighted the need to consider the development in technology in the sexual harassment arena. Likewise, in Sanjeev Mishra v. Bank of Baroda, the Court observed that “with the global shift to the work from home model owing to the on-going pandemic, more individuals and particularly women are finding themselves vulnerable to online sexual harassment,” thus workplace includes digital platforms as well.

Thus, it may be best to refer to the Internal Complaint Committee (ICC) all misconduct with sexual undertones. The ICC may then refer the matter to the regular disciplinary committee if, after analysis, it is of the view that the complaint does not relate to acts of a sexual nature, as suggested by Madras High Court in M Kavya v The Chairman, University Grants Commission (2014).

Other Constructive Judicial Precedents

Fortunately, the timely judicial review of the POSH Act by various High Courts and the Supreme Court has provided some clarity on its various provisions. The judiciary continues to bear the torch for women’s rights by upholding the right to dignity at work and has steadfastly refused to dilute some of the provisions of this law on grounds of hyper-technicality or procedural infirmities. In, Nisha Priya Bhatia v. Union of India, the two-judge bench of Hon’ble Apex Court remarked “We implore courts to interpret service rules and statutory regulations governing the prevention of sexual harassment at the workplace in a manner that metes out procedural and substantive justice to all the parties”,

Recent Initiatives

After more than 8 years of its enforcement, the Indian workspace has hopefully started unabashedly accepting the existing menace of workplace sexual harassment thereby facilitating moves to curb it. The recent years have shown some admiring initiatives in this regard. For instance, in 2017, the Ministry of women & child development has introduced the “SHe-Box“, a virtual complaint portal for all women workers making the mechanism of filing complaints easy and more accessible. In the same vein, by order dated January 7, 2022, Allahabad High directed to install several complaint boxes in the court premises to make the complaint filing process smoother for women employees of the High Court against instances of sexual harassment.

Conclusion

There is no doubt that we have come a long way in acknowledging, handling and curbing the widespread hurdle of workplace sexual harassment and the POSH Act has been instrumental in bringing out radical changes. Further, the role of the Judiciary in expanding the scope, ambit, and mandatory compliance scheme of the Act has been remarkable in particular. Nevertheless, to ensure satisfactory implementation strict compliance with the Act is essential. To conclude let us all “see gender as a spectrum instead of two sets of opposing ideals” as for fighting against such issues the mindset needs to be changed first.

08/12/2024 0 comments 24 views

The Prevention Of Sexual Harassment At Workplace Act, 2013 Along With Its Amendment

by Guest Author 08/12/2024

written by Guest Author

By Meenu Padha and Aastha Sharma

With the advancement in the world, India has seen a change in its working culture. Today, men are not the only breadwinners. Women also walk shoulder-to-shoulder with men when we talk about their earning capacity in a family. However, statistics reveal that a lot of women remain subject to sexual harassment which hinders their professional, social and economic growth.

Sexual harassment at the workplace is a violation of fundamental right that is enshrined in the Constitution of India. It hampers the right to equality and the right to life for a woman, when she is suppressed due to sexual harassment at workplace. Therefore, to curb the same, the Parliament had passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal )Act, 2013 and there also have been amendments made under the Criminal Law (Amendment) Act, 2013. Earlier for this, the only option that women had was to file a complaint under Section 354 which amounts to sexual assault against women and Section 509 which stated about the punishment when an individual questions the modesty of a woman.

The case of Vishakha v. State of Rajasthan (AIR 1997 SC 3011) was the first case which started a discussion on sexual harassment at workplace and brought it into broad day light. In 1992, Bhanwari Devi, a Dalit woman employed with the rural development programme of the Government of Rajasthan, was brutally gang-raped on account of her efforts to curb the then prevalent practice of child marriage. This caught the eyes of women right’s activist and NGOs who then, filed a Public Interest Litigation in pursuance of the same in the Supreme Court of India. India had signed and ratified the Convention on Elimination of All Forms of Discrimination of United Nations, 1979 which has been adopted by the general assembly of the UN. Therefore, this convention was used for laying down the ‘Vishakha Guideline.’

What Amounts To Sexual Harassment?

The judgment passed by the Supreme Court in Vishaka, clearly explained what constitutes sexual harassment. According to the judgment – an unwelcoming sexual behaviour, direct or indirect, including physical contact or advancement, sexual remarks, showing pornography or other verbal or non-verbal sexual conduct would amount to sexual harassment. In furtherance to this, if any of this fear arises out of an employee-employer relationship then it will be regarded as sexual harassment at the workplace. This creates a sense of discrimination amongst the women as they feel that if they resist, it can hamper their position in the organisation.

Therefore, the main component of sexual harassment is linked with the concept of ‘Quid pro quo’ which means this for that. If we connect it with the topic that we are dealing with, it would mean that the woman will be benefitted professionally only if she accepts the sexual favours that are asked by the respondent. Usually, the respondent is the person in power. This definition also includes the creation of an intimidating and hostile environment. However, as there is a very thin line when it comes to explaining the hostile environment, the burden lies on the internal committee to decide.

The internal complaints committee is explained in section 4 of the POSH act, 2013. It includes a minimum of 4 members. The presiding officer has to be a woman who is at a senior level and has to be from the side of the employees. The next two members have to be from the employees and should be committed to working for the women along with having legal knowledge or experience in social work. There also has to be an external member who is associated with an NGO which works for the upliftment of women. However, according to the latest amendment, the Internal complaints committee is now known as the Internal committee. Similarly, under section 6 of the act the “local complaint committee” is replaced by “local committee”.

It is mostly seen that when it is a complaint filed for harassment at workplace, the respondent usually pleads that he did not have any intention to sexually harass the woman rather it was just a malarkey. Therefore, in the case of Dr. Punita K. Sodhi v. Union of India, (W.P. (C) 367/2009 & CMS 828, 11426/2009), the Supreme Court held that the view point of men and women have to be analysed deeply in such cases. Men might consider some comments to be unobjectionable although, they might be lewd for a woman. Men are rarely a victim to sexual harassment and therefore, it becomes tough for them to draw a line between harmless social interactions and sexual harassment at workplace.

What Constitutes To Be A Workplace?

Section 2(o) defines it as – anywhere an employee visits during its due course of employment and also includes any transportation facility that is provided by the employer for commuting purposes. There have been numerous cases where the respondents have argued that they were not at their workplace when they were alleged to do the act of sexual harassment.

One such case is Saurabh Kumar Mallick v. Comptroller & Auditor General of India, where the respondent was facing disciplinary actions for harassing a woman senior officer. He contended that he was not at his workplace when he was allegedly indulged in sexual misconduct and was in the officer’s mess. To this, the High Court held that to exercise the Vishakha guidelines to its true sense, it is important to realise that the meaning of workplace has to be understood with a wider ambit. With the development of technology, video conferences have also become an important portal for conducting business. Considering the above, there were a few points given for further explaining the meaning of ‘workplace’-

It is a place where there is –

The control of the management
Such an area/residence has to be the extension of the workplace
Its proximity with the workplace has to be considered.

Therefore, under this case, the court had held that it was sexual harassment at the workplace.

Punishment And Compensation

The reason for every act is to create a sense of deterrence in society. Section 25 of the Act mentions the punishment for both employees and employers who are indulged in sexual harassment at the workplace. It mentions that the organisation would depend on the service rules that they have created for the same. The compensation would be deducted the from respondent’s wage and given to the aggrieved woman. Here, the most important question is how is the compensation decided? For the same, section 15 has laid down a few pointers-

The amount of mental trauma, pain, suffering and emotional stress.
Loss in working opportunities caused by sexual harassment.
The medical expenses incurred
Income and status of the perpetrator
The practicability of paying capacity the amount of the respondent and it can be given in instalments too.

However, the process of conciliation cannot be used to make any monetary settlement.

Amendment In The POSH Act, 2019

The recent growth in the Act was when the Department of Women Development and Child Welfare issued a notice that any company in Telangana which has 10 members or more to have a State Shebox portal by July 15, 2019, to keep a closer eye on the regional issues. A similar note was launched by the Maharashtra government which asked for a detailed form stating the internal committee along with its compliance status by July 20, 2019.

The amendment made in May 2016 stated that the job of the IC is not only to handle the cases of sexual harassment but also to prevent any such activities from happening. The IC was asked to formulate an open-door policy where everyone to report the issues comfortably along with a no-tolerance policy for sexual harassment.

Cases After Bhanwari Devi Case

Medha Kotwal Lele & Ors. V. Union of India & Ors. (2012 STPL (Web) 616 SC )- In this case, Medha Kotwal wrote a letter to the Supreme Court stating that the Vishakha Guidelines are not implemented properly, after which the Supreme Court took cognisance and converted the letter into a petition. This showed that most of States did not take the steps that are needed to curb sexual harassment. Therefore, they said that in case of non-compliance of the complaint, the door of the High Court would open for the aggrieved woman. In its judgment, the Supreme Court observed that “the implementation of the Vishakha Guidelines has to be not only in form but also in substance and spirit so as to make available safe and secure environment for women at workplace in every aspect and thereby enabling working women to work with dignity, decency and due respect.”

Apparel Export Promotion Council v. A.K Chopra ( AIR 1999 SC 625 )- In this case, the definition of sexual harassment was expanded. They ruled that physical contact was not an essential when it comes down to sexual harassment at workplace. The Supreme Court explained that “sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such conduct by the female employee was capable of being used for affecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile work environment for her.”

Mukesh & Anr. vs. State for NCT of Delhi & Ors. (2017) 6 SCC 1 – This case was the one after which the Criminal Law (Amendment) act, 2013 was passed. This act was used to widen the definition of rape and also look into the scope of capital punishment for the rape cases which caused the death of the victim or moved her in to the vegetative state.

Conclusion

“While a murder destroys the physical frame of the victim, sexual harassment degrades and defiles the soul of a helpless woman.”

The development in the POSH act has been new for the labour laws. The analysis of the judgement and the Act is necessary to spread legal awareness around it. The cases of harassment at the workplace are brought into light through the #metoo movement and other campaigns. This shows the awareness amongst the society. It is essential for the HR and the legal teams of the companies to be vigilant while dealing with such issues. As the companies organise camps and workshop to increase the awareness about sexual harassment at workplace. It is also important for the IC to be aware about the latest development in the sector. Therefore, the nation has come a long way to protect the women of the country. However, a longer stretch remains to be covered.

08/12/2024 0 comments 28 views

Safer Work-Spaces

by Guest Author 08/12/2024

written by Guest Author

By Vanya Umranikar

Globally the last decade has seen positive steps been taken towards gender equality and prevention of gender violence at the workplaces, which peaked with the #MeToo movement. India saw the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 [popularly known as the POSH Act] to provide safer workspaces for women. In today’s uncertain times, dialogues around gender equality especially safer work spaces, have been become more pertinent. The earlier goals of safer work spaces, equal access to opportunities in education, health care, occupations, equal pay etc. have been supplemented with new challenges.

One such challenge is the merging of the home-space with the work-space. Many believe that work from home will be the new norm, with several companies asking majority of their employees to work out of their homes. Question arises whether the protections granted under the POSH Act against sexual harassment at the workplace will be extended to persons working from home as well? Then there is also the question of violence at homes, which have seen a spurt in some parts of the country.

In order to answer these questions, let us examine the June 2019 Convention and Recommendations of ILO on “Ending violence and harassment in the world of work” which will shed some light in this direction.

International Labour Organisation (ILO), first specialized agency of the UN, set up on 29th October, 1919, celebrated its centenary last year. The June 2019 Convention has a wide scope which covers employees, trainees, interns, apprentices, workers who have been terminated, volunteers, even job seekers, in both the formal and informal sectors, in the urban and rural areas. The above definition is similar to the definition of “employees” under the POSH Act, 2013, additionally the POSH Act also includes domestic workers within its ambit. It is noteworthy that the ILO convention does not include domestic workers in its ambit. The Indian POSH Act includes the domestic workers within the definition of the employee, which makes the Indian Act more progressive.

Article 3 of the Convention has broadened the meaning of “world of work” to include any violence and harassment in the course of, linked with and arising out of work, including work-related trips or travel, training, events or social activities; through work-related communications; employer provided accommodation etc. It is reassuring to observe that this definition is similar to the definition of “workplace” under the POSH Act of 2013.

This Convention recognized the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment. Article 1 of the convention has defined “gender-based violence and harassment” as violence and harassment directed at persons because of their sex or gender or affecting persons of a particular sex or gender disproportionately and includes sexual harassment. It has noted that gender-based violence and harassment disproportionately affects women and girls. The convention has further recommended that an inclusive and integrated approach to tackle gender stereotypes, various forms of discriminations and skewed gender-based power relations, is essential to ending violence and harassment in the world of work.

The emphasis here being on (1) the use of various educative tools of training, sensitization and awareness generation at the world of work to break gender stereotypes; (2) fine tuning organizational policies will be required to remove in built gender biases and eliminate discriminatory practices. Chapter VI of the Convention emphasizes and lays down the importance of guidance, training and awareness-raising towards prevention of violence and harassment in the world of work.

Among its many new inclusions, the Convention has, in its preamble, included domestic violence as one of the forms of violence which needs to be prohibited. It has noted that domestic violence can affect employment, productivity and health and safety of the employees and therefore governments and other stakeholders need to address the issue of domestic violence.
In India, the Domestic Violence Act of 2005 seeks to address the issue of domestic violence and is seen as a social legislation, which largely overlooks its impact on the workplace. Workplace harassment on the other hand falls within the employment law domain, requiring stringent enforcement, monitoring and compliance. In today’s context where the workplace and the home have come together for many, this dichotomy needs to be done away with and progressive protective legislative initiatives in this direction are needed.

Further, the Convention prohibits violence and harassment directed against the LGBT and inter-sex communities. It has also recognised, perhaps for the first time, the prevalence of same-sex violence. For India, which has traditionally been very progressive in this regard, this is an indication to forge ahead further in this direction for protection of its LGBT community.
The government along with the employers and other stakeholders need to consider and pay due attention to these forward thinking and dynamic centennial Convention and Recommendations of the ILO and take proactive steps to making the world of work or (work)spaces more inclusive, integrated and gender- responsive.

While violence and harassment at the world of work is a threat to equal opportunities and violation of human rights, the epicenter for gender-based discriminations, biases, violence etc. are the homes and that is where greater efforts are needed to contain gender violence.
Efforts have to be made to promote a general environment of zero tolerance to gender-based violence at family level. Educative programs to prevent and restrict the inculcation and instilling of ideas of gender-based violence among children from their early years. One way to achieve this is by including gender studies as a subject, age-appropriately, at all grade levels in schools, like the good old moral science classes in missionary run schools.

More importantly, prevention of gender violence at homes, which is customarily dealt with silence, needs our voices and a re-look at our child rearing practices. Uprooting patriarchal and discriminatory behaviors and practices at home will go a long way to contain the violence at home. Collective silence on such issues has emboldened the perpetrators and prolonged the victims’ sufferings.

As the father of our nation Mahatma Gandhi once said that an ounce of practice is worth more than tons of preaching. Let us all, at our individual level, at the family level, do our bit daily, to root out the factors allowing gender-based violence to prevail in the homes and (work)spaces, so when we say StayHome, StaySafe – all of us are infact safe.

Image via The Economist (by Hanna Barczyk)

08/12/2024 0 comments 27 views

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POSH Act

RGNUL Student Protest- A Symbol of Pervasive Culture of Sexual Harassment in National Law Universities

Glad tidings: Celebrating The Growing Scope of Posh Act, 2013

The Prevention Of Sexual Harassment At Workplace Act, 2013 Along With Its Amendment

Safer Work-Spaces

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