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sexual harrassment

By a Common Woman (Anonymous)

Each evening, when my husband comes home from work, he asks me, “How was your day today?” each day, I respond with a variation of, “Good. Got some work done. How was yours?”

We chat for about ten-fifteen minutes before he takes his pre-workout snack and rushes off to the gym. Sometimes, I go with him to the gym, but more often than not, I avoid it. I know he feels disappointed when I don’t end my exhausting workday with a challenging workout. I do too. But it’s hard for me to explain that by the time the clock strikes four or five or especially six in the evening, I am somewhat of a mess.

Technically, I should be fine. My life is going well. I have a job. I have a family. I am healthy. I have close friends who ask me how I am and actually wait for the response. And yet, the crushing weight of unspoken words between my husband and me makes me feel horribly sad. You see, when my husband asks me about my day, I do not want to respond with, “Good. Got some work done. How was yours?” I want to tell him each and every thought that passes through my head. I want to tell him that I checked my bank account twice today and daydreamed about how my life would be if I had more money. I want to tell him that I spent about forty-five minutes looking for the perfect flower vase on Amazon and saved a few on my cart. I want to tell him that I checked my weight this morning and later felt guilty about polishing off chocolate ice cream at lunch. I want to tell him that I skipped meditation today and wondered for the hundredth time if flying to Paris for a long-delayed honeymoon would solve our marital problems.

But I said none of these things today. And I know I will say nothing tomorrow. The part I feel most sorry about is that it is not in my nature to keep my mouth shut like this. Just ask my friends. I talk about everything – my hopes, disappointments, fears, everything. I like being an open book. In fact, I used to tell my partner everything when we first got married. But then one morning, I woke up and realized I was the only one baring my soul. This means today, when he asks me, “How was your day?”, I don’t tell him that I went to the bank for an errand, because I don’t even know in which banks he has accounts. I don’t tell him I am worried about not making enough money because he refuses to tell me his net monthly income. I engage in debates about investment strategies with my friends in finance that I never discuss aloud with my partner because he shuts me down. I hide my Whatsapp notifications because he not only keeps his phone top down at all times, but he even takes it to the bathroom every single time. I don’t tell him how excited I am to swap my credit card points for a flight ticket because who wants to open that can of worms? My husband and I don’t talk about credit cards or flight tickets. He simply tells me he has bought a flight ticket, and expects me to adjust my schedule.

No one told me marriage was easy. I was prepared to work hard, really, really, hard, to make my marriage work. But I was not prepared for secrets. I was not prepared for loneliness in a partnership, for the lack of transparency, for my partner making thrice as much money as me but never surprising me with a gift.I was not prepared for believing that he’s doing me a favor by paying for rent and minor expenses, all the while ensuring the rest of the financial burden falls squarely on my shoulders. I wasn’t prepared for refusing to go for couples’ therapy to address my mountain of resentments or for asking me to speak to his mother about a health scare, while never calling my parents.

Let me clarify, my husband is not a bad spouse. He unfailingly asks me about my day, every day. Unfortunately, he forgets my grievances as soon as I am done crying about them. He doesn’t question why I have nothing much to say about my days anymore, why I hide behind a new novel every week, why I never talk about my family and friends anymore, or why I don’t even bother fighting about the dozen things I used to earlier fight with him about. And the saddest of all, he snores through the night while I cry about the utter lack of marital connection lost to the silence, and then asks me in the morning, his face gleaming with happiness after a good night’s sleep, “Hey, so how’s your day looking today?”

  • By ‘A Common Woman’
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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.

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