An Overview Of Sexual Harassment Of Women At Workplace – Increasing Crimes And Impediments In Law
Author: LawSphereX
Category: Criminal Law
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AN OVERVIEW OF SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE – INCREASING CRIMES AND
IMPEDIMENTS IN LAW
R.Yuvanaa Priyadharshini, Research Scholar, SASTRA Deemed To Be University, Thanjavur
ABSTRACT
After facing lots of struggles, women have finally achieved their share of independence and are proving their worth in every sphere of work. Yet, the barbaric acts of sexual harassment and abuse by men against women have curbed the growth of women owing to fear, physical and mental trauma. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 had been enacted to protect women at their workplace and to provide a secure work environment. But the ineffectiveness of the practical implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has made it difficult in curbing the increasing rates of sexual harassment of women at workplace. These horrific sexual crimes are at rise and the need to take even more stringent measures is the need of the hour.
This article analyses the crime of sexual harassment of women at workplace in today’s time and the drawbacks of PoSH Act 2013 which prevents it from effectively curbing the crime.
1. INTRODUCTION
In the early centuries, when patriarchy ruled the society, women were merely treated as properties. Back then it was very difficult for women to have a voice of their own. Though society has drastically progressed with time, still the practice of dishonouring women has not completely succumbed. Women and young girls, are still facing various forms of dishonour and the most prominent form of dishonouring a woman had always been harassing her sexually. Women who had been chained to domestic work all their lives, had progressed by making their own marks in various fields, making the nation proud. But this despicable act of sexually harassing women at workplace had led to destruction of women’s self-confidence, causing them physical and mental trauma, also thrusting second thoughts about having a career and being independent.
For any woman or man, it is important that they must have a safe and secure work environment. Sexual harassment in workplace is being committed for many years and it is brushed under the carpet either due to power of the abuser or because of the hesitance and fear of the victim. PoSH Act – Sexual harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 had been enacted to safeguard women from being sexually harassed at workplace. Though this Act comes as a strong support for women employees at workplaces, yet some of its shortcomings had made the legislation weak in its implementation, thus rendering it almost powerless in protecting women at their workplaces.
Even in today’s world, where women have grown in every arena, it is a hidden fact that they still face abuse, harassment and are pushed to the position to compromise their honor and integrity in their workplaces. The practice of sexual harassment to women at their workplace came to limelight through the trending discussions and voicing out of ‘casting couch’ in film and entertainment industry, through the ‘Me Too movement’ etc. , because of which many such horrors of sexual harassment was brought to the attention of the society. Many such similar instances of sexual harassment have taken centre stage of discussion, but due to weaker implementation of the Act, this vicious crime is not yet curbed effectively.
2. PoSH ACT – HISTORY AND SCOPE
The PoSH Act – Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted in the year 2013 so as to protect and safeguard women from sexual harassment in their workplaces. This Act has its history from the infamous ‘Vishaka and Ors
Vs. State of Rajasthan and Ors’1 case. In this case, a social worker named Bhanwari devi who worked under the government campaign to address social issues, tried to prevent a child marriage from happening. But the villagers did not pay heed to her and the very next day they completed their infant daughter’s marriage and in addition, the villagers in order to seek revenge, hurt Bhanwari devi’s husband and in front of his eyes, brutally gang raped her. The women organisation named ‘Vishaka’ filed a PIL – Public interest litigation for the protection of women from sexual harassment at workplace. This historic movement led to Hon’ble Supreme Court framing the Vishaka Guidelines. This Act was born in the year 2013, to keep women employees safe at their workplaces. The Act contains 8 chapters and 30 sections.
Some of the key features/provisions of the PoSH Act includes certain important definitions: ‘Sexual Harassment’: It includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: - (i) Physical contact and advances; or (ii) A demand or request for sexual favours; or
(iii) Making sexually coloured remarks; or (iv) Showing pornography; or (v) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature2 ‘Workplace’ includes: - (i) Any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate government or the local authority or a government company or a corporation or a co-operative society; (ii) Any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertain mental, industrial, health services or financial activities including production, supply, sale, distribution or service; (iii) Hospitals or nursing homes;
1 Vishaka & Ors v. State of Rajasthan & Ors (1997) 6 SCC 241.
2 The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013, § 2(n), No. 14, Acts of Parliament, 2013 (India)
(iv) Any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (v) Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey; (vi) A dwelling place or a house3
Initially the definition of workplace under the Vishaka guidelines was limited to the professional workspace alone, but this Act expanded the definition of workplace and included the above said things including transportation of the employee and her visits to places outside of her workplace, on account of her work, during her course of employment.
Other important provisions/definitions of the PoSH Act, includes: - ‘Internal Complaints Committee’: Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internals Complaints Committee”: Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices4 ‘Interim relief’: once a complaint is filed, certain interim measures are given by the Internal compliant committee or the local committee for the aggrieved woman like relocating her, providing her a leave period of 3 months additionally etc.
‘Punishments and Compensation’ includes: (i) Punishments prescribed under the organisation’s rules (ii) If there are no punishments prescribed, disciplinary action would be taken (iii) Respondent’s wages would be reduced and taken away to provide as compensation to the aggrieved woman5 (iv) Separate compensation would be provided to the aggrieved woman, based on the factors like her mental trauma, pain, physical harm caused, loss of employment opportunities. Apart from 3 The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013, § 2(o), No. 14, Acts of Parliament, 2013 (India) 4 The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013, § 4(1), No. 14, Acts of Parliament, 2013 (India) 5 The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013, § 13, No.
14, Acts of Parliament, 2013 (India)
these factors, it would be taken into account whether the wrongdoer is of a high-income class or not, to decide upon payment in full or payment of compensation in instalment6 ‘Confidentiality’ – It is highly commendable that the PoSH Act has taken steps to include a provision under Section 16 regarding confidentiality of the sexual harassment complaint and another important feature is that these complaints and information are not subject to the RTI Act, 2005. ‘SHe BOX’: This Sexual Harassment Electronic-box, is a modern initiative by the Ministry of women and child development, for registering complaints of sexual harassment of women at workplace through online site. This is applicable to both public and private employees, and is a safe space for the women victims to register their complaints online, since it also protects and safeguards their identity from the public and media.
3. IMPEDIMENTS IN IMPLEMENTATION OF PoSH ACT, 2013
Though there are many important provisions under the Act for the protection of women employees in their workplace, there are equally major drawbacks and uncertainties in the implementation, which is making the Act, less fruitful in its purpose. In the recent years, Supreme Court of India has found out the drawbacks in the PoSH Act which has led to a clearer picture of why it is not being that effective in its implementation. In a country like India, where the rate of crimes against women has been in a rise every year, it is vital that a law relating to protection of women like the PoSH Act must be free from discrepancies and must be impeccable in its implementation, so that we can achieve the purpose of protecting women in our country.
Some of the major and serious impediments/drawbacks in the POSH Act, 2013 includes: ‘INTERNAL COMPLAINT COMMITTEE’: The main issue with the PoSH Act as said by the Supreme Court, is regarding the formation and establishment of ICC – Internal Complaints Committee in the Union, in every state and union territories. In a recent outbreak against the WFI – Wrestling Federation of India, it has been found out that only 16 out of 30 national sports federations in the country have constituted ICC7. Moreover, even in the committees which are 6 The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013, § 15, No. 14, Acts of Parliament, 2013 (India) 7 Amit Kamath, Mihir Vasavda, Not Just wrestling, half of national sports federations don’t have sexual harassment panel mandated by law, THE INDIAN EXPRESS (May. 04, 2023, 01:40 PM), https://indianexpress.
com/article/sports/not-just-wrestling-half-of-national-sports-federations-dont-have-sexualharassment-panel-mandated-by-law-8590204/
already established, there are shortcomings in the constitution of number of members in the committees. This clearly shows the amount of attention given to the most pressing and necessary issue in our country, i. e. sexual harassment of women at their workplaces. The main agenda behind formation of internal complaint committees was to facilitate the process of addressing the grievances of women employees in any public or private organizations, when they face any kind of harassment in their workplace. Only when such committee is established, it provides a sense of security for the women employees and also extend them with a platform to make an official complaint of the harassment that they face.
Despite the establishment of these internal complaint committees in certain states and union territories, the lack of proper constitution of qualified members in the ICCs has led to the weakening of the purpose of constituting such committees. Without any proper number of qualified members in the internal complaint committee and also absence of ICCs in most of the states and union territories, it becomes difficult for the women employees to turn to a secured platform, where they can seek help. ‘ACCOUNTABILITY’: the next major drawback is that the Act does specify to constitute an Internal Complaint Committee, but has not specified who is accountable to make sure that the public/private organizations follow the Act, to receive the complaints and take action etc.
Without a prime authority being constituted to overlook and supervise the implementation of the Act in the concerned public/private organizations, the implementation of the POSH Act has become nearly powerless. The truancy of such designated authority to preside over the establishment of ICCs in public and private organizations in various states can be compared to a king without a crown on his head. It is the responsibility of the governments to ensure that an appropriate qualified person is appointed in each internal complaint committee to supervise the working of the committee in each organization. This would help the women employees to have an appropriate member to place their complaints with.
But unfortunately, the central government in the year 2019 had accepted that they did not have a centralised data of the sexual harassment cases of women at their workplaces8, which is a huge blow, since it is a mandatory requirement that every public/private organisation must submit an ‘ICC Annual report’ giving the details of the number of sexual harassment complaints that were received and number of complaints that were resolved and disposed of.
8 Diksha Munjal, Explained- What is the PoSH Act and why has the Supreme Court flagged lapses in its
implementation? THE HINDU (May. 21, 2023, 12:11 PM) https://www.thehindu.com/news/national/explainedthe-indian-law-on-sexual-harassment-in-the-workplace/article66854968.ece
‘INFORMAL SECTOR’: One of the major flaws in the Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is that, the Act applies and mentions about the public and private organizations and formal sectors but does not extend practically to the informal sectors as well. In India, majority of the women force are hailing from rural areas and are employed in informal sectors. These sectors lack the formal set up of an internal complaint committee and the knowledge or the civil action to be taken in case of any sexual harassment faced by these women in their workplaces. Considering the background of these women employees who are working in informal sectors, it is even more hard for them to find a solution to the problems faced by them at their workplaces, since there are no proper organised rules framed in the informal sectors in which they work.
These incidents of sexual harassment in rural areas are brushed under the carpet since victims are uneducated, hail from poor families, working to earn a meagre income so as to sustain their family. Taking advantage of these factors, the employers in the rural areas subject vulnerable women to sexual harassment and escape the punishment since most of these incidents go unreported owing to the non-access of the solutions to those women working in informal sectors. ‘UNDERREPORTING’: Another major and significant disadvantage in cases of sexual harassment is ‘Underreporting’. Women victims normally, hesitate in revealing the wrongs that happened with them and in cases of sexual harassment, they face all the more pain and mental trauma which does not allow them to come out easily and speak about the wrongs that happened with them.
The hesitance and fear is often driven due to victim shaming by the society. The society often ostracizes and looks down upon the female victims who are subjected to sexual harassment or any kind of sexual offences committed against them. Wherever they go, be it in their own home, their surroundings, neighbourhood, workplace etc. , people pity them or tattle about them, thus causing pressure on their mental health. This alone is preventing women victims from voicing out for themselves and speaking boldly about the sufferings that they faced.
Though this particular PoSH Act, 2013 is a game changer and a mandatory Act to protect the women victims from sexual harassment at their workplaces, still some of its lacunae are only delaying the protection necessary to be given to the women victims rather than serving the purpose for which the Act was created, because of the ambiguity in the law itself and due to ineffective implementation of the Act’s provisions and improper functioning of the
machineries. Women victims who find the courage to voice out the sufferings they faced at their workplaces, become torchbearers and provide motivation for the other victims to come out and speak about the harassment they endured. But with all the loopholes and inefficient management system to address the complaints and solve the issues at hand, it becomes less effective even if these victims open up regarding the harassment. It is the responsibility of the government, the justice system as well as the society to be supportive and provide the strength, confidence and care to the women victims, by not judging and ostracising them, rather by showing them support and by fighting alongside their cause, even if it’s in a miniscule way. ‘FALSE COMPLAINTS’: A big revert which this sexual harassment topic can face is false and frivolous complaints just like domestic violence.
Though majorly women would never use a false accusation as a weapon against men, but unfortunately certain false and frivolous accusations are being made against men accusing them of sexual harassment, while in real they might be innocent, which is why the probe into sexual harassment complaints requires efficient and qualified authorities, proper investigation committees to protect such highly sensitive issues. This trend of falsely accusing men of sexual harassment, even if done in less numbers should not be left unattended, because this might grow massively in future and would thus destroy the very purpose of justice. Also, it might plant a negative seed in the minds of women to utilise such laws against innocent men.
‘IMPORTANCE TO EVIDENCE’: Though it has been advised to follow the principles of natural justice, Courts are relying more on evidence in sexual harassment cases, where the victims find it difficult to produce evidence for the harassment against them. Lack of evidence often leads to the abuser escaping the punishment and victims failing to get the justice they deserve. This strict adherence to the want of production of evidence to prove the wrong, is taking a major toll on the victims, since most of the times they would be unable to provide the evidence because of the sensitivity of the issue at hand. Moreover, there are only a smaller number of people who are ready to support the women victims from their workplace.
Most likely, the entire workplace turns hostile to such victims, in fear of losing their employment and many times, victims themselves, out of fear of losing their job, choose to remain quiet and endure the harassment in painful silence. ‘WORKING RATIO’: Sexual harassment of women at workplace also leads to women resigning from their jobs and leaving their employment, which causes an imbalance in the
working ratio of the population as women majorly contribute towards the workforce of the country as well. Harassment and robbing off their dignity at workplace, makes them vulnerable and insecure, putting them under a constant fear of sexual harassment and mental torment, which leads to most of them leaving their employment, so as to gain safety and security at least in their homes which could not be provided by their working organisations. Even though many organisations and institutions have established Prevention of sexual harassment cell / internal complaint committee with the launch of the PoSH Act, still because of the non-effective working of such committees, has turned it into merely non-functional ornamental committees.
The above points are some of the impediments and drawbacks in the PoSH Act, which makes it difficult for the Act to be implemented even more efficiently in the required format so as to save the victims of sexual harassment at workplace.
4. INCIDENTS OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE IN
INDIA
Despite having many well-crafted provisions under the PoSH Act, 2013 for the protection of women employees from sexual harassment at their workplaces, the non-implementation of these provisions effectively, has led to many occurrences of sexual harassment in workplaces in India. Some huge watershed moments have happened in India right from Bhanwari devi’s fight for justice, wrestler Sakshi Malik’s fight against sexual harassment at workplace and the horrifying Kolkata rape and murder that took place inside a medical college and hospital recently that shook the whole nation. Not just the above-mentioned incidents, but many complaints of sexual harassment had been reported which had made heads turn in India. It is so shameful and unfortunate that men whether educated or uneducated, do such barbaric acts of sexually harassing women employees at their workplace.
Some of the huge incidents of sexual harassment at workplace that happened in India are discussed below:
BHANWARI DEVI CASE9
This case turned out to be the watermark case in the history of sexual harassment faced by women at workplace in India. Because of the gravity of the crime, this case paved way to forming guidelines for protection of women from sexual harassment at workplace.
9 Vishaka & Ors v. State of Rajasthan & Ors (1997) 6 SCC 241.
Bhanwari Devi a social worker, who worked under the social development program led by the Government of Rajasthan, owing to her duty stopped a child marriage from happening in a village of the state of Rajasthan. Despite her efforts to stop the child marriage, it took place and her efforts went futile. But it did not stop there, the family member of that child along with his friends seeking revenge from Bhanwari devi for trying to stop the child marriage, gang raped her in front of her husband. A doctor in the primary health centre in the village refused to examine her, thus forcing her to go to Jaipur to get the medical examination done.
In addition, police did not lodge an FIR immediately, made the husband and wife wait during the whole night inside the police station and forced her to give her lehenga as a proof of evidence, which made her wrap her husband’s blood-stained dhoti on her body to reach back to her village. The Trial court discharged the accused persons and the High court stated that to seek revenge the gang rape was committed. A gang rape victim subjected to not just the trauma of the crime, but also tormented in the
hospital and the police station shows how meticulously and sincerely our system works with regard to an event of crime. This led to the outrage of a Women’s rights NGO named ‘Vishaka’ who approached the Supreme Court to deliver justice to the victim Bhanwari devi. This led to the formation of the historic ‘Vishaka guidelines’ to protect women from sexual harassment at workplace10. JUSTICE AK GANGULY’s CASE Often sexual harassment allegations against people sitting in powerful positions would be clammed up, owing to protection of their reputation in the public’s eye. Similarly, many such incidents and complaints of sexual harassment cases against Judges and Justices have been buttoned up because of the fear of public’s faith in the judicial system being shaken. A strong example of this would be Justice AK Ganguly’s case which was taken cognisance from a report in a newspaper.
The Supreme Court formed a three-judge committee and investigated the allegation placed by a law intern. Eventually, the report ended with the statement that the intern who had placed the allegations had not been rolled in the SC and that Justice AK Ganguly had been in the period of superannuation during the time of alleged harassment that took place. Thus, to protect the faith and honour of the system, this case was closed by taking support of
10 Vishaka & Ors v. State of Rajasthan & Ors (1997) 6 SCC 241.
the legal specifics, hence strengthening the fact that powerful, elite class could get away with allegations of sexual harassment. Later, owing to pressure from the public, in presidential reference steps were taken to remove Justice AK Ganguly from the position of Chairman of West Bengal’s Human Rights Commission and he resigned, much to his dissent and dismay11. It is unfortunate that women facing sexual harassment in various fields have to suppress their voices because of the power play in various work environments. Either the victims of sexual harassment are under the threat of losing their jobs if they speak the truth or they face constant harassment and remain silent to keep their livelihood going.
Judiciary is regarded as the doorstep of justice for victims and when the members of one of the organs of the government indulge in causing trouble to women workforce, it does make one doubt the very essence of the justice system, not only because of the events happening, but also because of the aftermath tiring procedure. Thus, the ineffectiveness in implementation of the PoSH Act is so glaring with such incidents as examples. In the niche of judiciary, not just the above-mentioned case but subsequently other complaints of sexual harassment have come forward where victims have identified judges to be the offenders12.
WRESTLER SAKSHI MALIK’S PROTEST AGAINST SEXUAL HARASSMENT
Women creating their own niche in any form of field is a hard thing to do. Especially, when it comes to Olympic sports, women carving their own niche, making their own marks does not come on a silver platter to them. It has never been a cakewalk. Sports women, just like in any other work field, had undergone sexual abuse. Last year’s uproar against the ex- President of Wrestling Federation of India (WFI) Brij Bhushan Singh, who faced allegations of sexual harassment against six female wrestlers including a minor is one of the most important incidents of sexual harassment faced by women at workplace. Bronze medal winner, wrestler Sakshi Malik at Rio Olympics, staged the protest against Brij Bhushan Singh, raising her voice for so many players who faced sexual abuse in the field.
Still 11 A Vaidyanathan, Mala Das, Justice Ganguly’s Unique defence of Sexual Harassment Charges against him, NDTV INDIA NEWS (Dec. 20, 2013, 07:18 AM) https://www. ndtv. com/india-news/justice-gangulys-uniquedefence-of-sexual-harassment-charges-against-him-545083
12 Dhananjay Mahapatra, Sexual Harassment Charges a conspiracy: Justice Swatanter Kumar, TIMES OF
INDIA (Feb. 14, 2014, 03: 57 AM) https://timesofindia.indiatimes.com/india/sexual-harassment-charges-aconspiracy-justice-swatanter-kumar/articleshow/30364030.cms
the results were not fruitful, as he was replaced by his close aide as president, despite the players’ demand of posting a Female president for the WFI, which really made no difference to the wrestler’s outcry. This ultimately led to Sakshi Malik’s retirement showing her abandoned faith in the justice system13. It is deeply saddening to see how women’s dreams are shattered and crushed under the brutal behaviour of men harassing women in almost every work environment, robbing them off of their dignity, livelihood, security, dreams, hope and peace.
KOLKATA RAPE AND MURDER CASE
Another profession considered to be a noble service is being a doctor who saves lives. But the recent horrific incident that shook the whole medical fraternity and the nation was the RG KAR Medical College and Hospital incident that took place in West Bengal. The 31-year-old doctor who was a post graduate trainee in the hospital, was raped and murdered inside the seminar hall of the medical college. The struggle marks and marks on her body suggested signs of torture which was inflicted on the victim. This was such a horrifying incident where the medical fraternity feared for their security in the working environment in hospitals. Imagine the plight of on duty doctors, who work tirelessly to save lives, being sexually abused, raped and murdered. This created a huge uproar in west Bengal and spread throughout the nation14.
The medical fraternity, doctors, nurses, medical students, paramedics, etc. everyone who are working in a hospital are to be provided safety and security thoroughly. Post the incident, right from police investigation to the post-mortem examination, everything has been said to be tampered, rushed and hushed. While police officials deny those statements as rumours, it does not change the fact that women are unsafe, be it inside a hospital or inside any other working environment.
SEXUAL HARASSMENT IN ENTERTAINMENT INDUSTRY
One of the most frequently in news work environment for sexual harassment is the ‘Entertainment industry’. Right from casting couch to the ‘Me too’ movements, sexual harassment allegations on the power players in the film industry have gained momentum as 13 Pooja Pillai, Sakshi Malik’s resignation, Brij Bhushan’s impunity: when hope is lost, INDIAN EXPRESS (Dec.22, 2023, 11:16 PM) https://indianexpress.com/article/opinion/columns/wrestlers-protest-sakshi-malikbrij-bhushan-sharan-singh-9079199/
14 Monalisa Chaudhury, RG Kar Rape and Murder case: A week on what we know and what we don’t,
TELEGRAPH INDIA (Aug.17, 2024, 06:18 AM) https://www.telegraphindia.com/west-bengal/kolkata/rg-karrape-and-murder-case-a-week-on-what-we-know-and-what-we-dont/cid/2041468
well. Film industry is famous for its casting couch allegations, where to bag roles, women are forced to have sexual relationship with the producers, directors, actors etc. , by giving aspiring female actors false hope of fame, luxury and success while what the aspiring female artists actually wanted was, to prove their talent on the platform and inspire others. The “Me Too” movement had its origin in 2006, when activist Tarana Burke came out and spoke about the ongoing culture of sexual harassment and abuse in various environments. In 2017, the “Me Too” movement went viral over social media when various victims and survivors of sexual abuse in various industries came forward seeking help and justice.
In India, the Me-Too movement gained momentum when actress Tanushree Dutta alleged Actor Nana Patekar of sexual harassment in Bollywood industry and in South India Singer Chinmayi Sripada placed allegations on Lyricist Vairamuthu for sexual harassment. After this lots of female artists gained confidence and spoke out about the harassments they faced while working in the industry. Yet, many other female artists remained silent lest their opportunities and roles be robbed off them. Recently, the release of ‘Hema Committee report’ sent shocking waves across the entire entertainment industry as it brought to light, the horrifying sexual abuse that had been happening for years in the Malayalam Film industry.
The need for forming a committee under the headship of Justice Hema arose after the shocking abduction and rape of a well renowned Malayalam actress, orchestrated by a well renowned Malayalam actor. It led to the formation of WCC – Women in Cinema Collective, having women members who fought for the female workers in the film industry. The Hema Committee report unveiled shocking disclosures such as female actors forced to act intimately with abusers, placing cameras in vanity to which female actors are not privy to, many under the table dealings by Power players in the Malayalam Film industry etc. The Hema Committee report has suggested establishing ICCs- Internal Complaint Committee which proves to be a hard task at hand since no proper legal technicalities are followed15.
5.RECENT LEGAL STEPS TAKEN ON SEXUAL HARASSMENT FACED BY
WOMEN AT WORKPLACE
A. Aureliano Fernandes v. State of Goa & Ors16
15 Akshaya Rajaraman, A Glimmer of Hope amidst darkness: The Revelations of Hema Committee Report,
KELP (Sept.5, 2024), https://www.kelphr.com/blogs/the-revelations-of-the-hema-committee-report/
16 Aureliano Fernandes v. State of Goa & Ors AIR (2023) SC 2485
In this case, the Supreme Court clearly expressed its concern regarding the implementation of the PoSH Act and also the lapses that are still prevalent regarding the Internal Complaints Committee. This proves that despite the implementation of the PoSH Act in the year 2013, still almost after a decade, there are issues with the working and execution of the provisions of the above Act to safeguard women and provide security to them at their workplaces. B. Initiatives For Inclusion Foundation v. Union of India17
In this case, the Supreme Court found that there were no proper filing resources for women to file complaints of sexual harassment at workplace under the Act. Thus, they had directed the States and Union territories to appoint district officers to receive complaints of sexual harassment faced by women at workplace.
C. Aparajita Bill, 2024
Following the uproar against the horrific death of a female doctor in RG Kar Medical College and Hospital in Kolkata the West Bengal Government framed “The Aparajita Women and Child Bill (West Bengal Criminal Laws and Amendment) Bill, 2024”. The targets set in this bill to achieve includes fast track courts, stricter penalties, restriction in publications, Aparajita task force to investigate crimes against women and children etc. The bill seeks to amend many provisions in the new criminal laws Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita 2023.
6. CONCLUSION
In comparison to the early centuries, women have really progressed in terms of education, professional growth, Gender equality in every sector of employment etc. Women who once were chained to their stoves, now have gained their freedom to enjoy and exercise every single right of theirs, though growth in all aspects is still in the process of evolution. But with all the sexual abuse and crimes happening against women, the education, women rights, equality, employment, everything that women fought for and gained over the centuries seems to be implausible right now. With no security to life and dignity, a woman is robbed off of every other right and freedom that she has acquired. It is a duty of every human being to respect and honour women. Boys from their very young age must also be taught to respect and be the saviour of girls instead of being their abuser.
Any women protection Bill, would only be a piece of paper, until the provisions are implemented effectively and a positive impact is created in
17 Initiatives for inclusion foundation v. Union of India Writ petition (Civil) No.1224 of 2017
the society. Thus, every stakeholder involved in the institutions of legislature, executive, judiciary and society, must come together and make conscious decisions every moment of the day to ensure women and girl children are treated right. By respecting and honouring women is how we respect and honour the entire world.