CRITICAL ANALYSIS OF SEXUAL HARASSMENT OF

WOMEN AT WORKPLACE (PREVENTION, PROHIBITION

AND REDRESSAL) ACT, 2013

NMIMS UNIVERSITY, MUMBAI

11/22/2018
SUBMITTED BY: KAVIYA SINGH (77216286608) IN 2016-2018
 ACKNOWLEDGEMENT

I would like to express my sincere gratitude to the faculty of Narsee Monjee, Mumbai for giving
me this opportunity to express my views on the topic of “CRITICAL ANALYSIS OF SEXUAL
HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) ACT, 2013”. This project work is an elaborate work of my understanding of the
concept and mentions the hard times women employees have faced and are facing in their
employment.
This project bears on imprint of many people, for enlightening me with deep knowledge in this
subject and helping me in improving my work. I also wish to express my gratitude to people who
rendered their help during the period of my project work.
I wish to avail myself of this opportunity, express a sense of gratitude to my beloved parents for
their manual support, strength, and help and for everything. My thanks and appreciations also go
to my colleagues and seniors in developing the dissertation and people who have willingly
helped me out with their abilities.
Thanking You,

Kaviya Singh
77216286608
Session: 2016-2018

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 TABLE OF CONTENTS

Sl. No. Topic Page No.

1. Introduction: 4-6
2. Meaning for Sexual Harassment 7-10
3. Types of Sexual Harassment 11
4. Analysis of POSH,2013 12-18
5. Sexual Harassment in Organization and Managers 19-20
6. Survey for understanding the sexual harassment in India 21-35
7. Analysis of the survey 36-37
8. Critics of the concept 38-39
9. Conclusion 40-41
10. Recommendations and Suggestions 42
11. Bibliography 43

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CHAPTER 1: INTRODUCTION

1. INTRODUCTION TO THE CONCEPT

Sexual harassment has been a major issue in the past few decades amongst the working
individuals. It has been the most debatable issue worldwide and almost every country is trying to
resolve this issue. Such an exercise exists in almost every organization and most of them get
unnoticed and unmentioned due to various reasons. The issue was brought in knowledge and
attention by the guidelines given by the Supreme Court in the star case of Vishakha vs. State of
Rajasthan1 after the agitation increased amongst the working women and the other employees.
Such practices create hostile environment for women and thus discourages their participation in
the economic and social growth of the country.

2. BACKGROUND KNOWLEDGE

History suggests that women have always been considered a weak part of the society. They were
given the responsibility of giving birth to children and raising them. With the advent of
globalization, gone are the days when males used to be the only bread earners. Women these
days are earning in hand to hand with the opposite sex. There has been a larger influx of women
in the workplace after the workplace has assumed greater dimensions. But with the increase in
the number of women in the workplaces being private and public hemisphere, there has been a
constant complaint in the industry of sexual harassment. Various international organizations have
taken and recommended to take various steps for the protection of women in their workplaces. In
India the struggle got the recognition in the year 1997 after the guidelines given in Vishakha and
other allied cases. The guidelines drew a clear picture and helped constituting committees to deal
with the sexual harassment cases.

3. RESEARCH METHODOLOGY

The research being conducted herein is a result of doctrinal and non-doctrinal (empirical
research. The research basically deals in with the trending ideas of the individuals in the society;
it also widens the scope for adopting the ideals of other developed societies in the world. The
first part of the research, is the foundation of the Doctrinal research whereby various articles of

1
(1997) 6 SCC 241, followed in Appeal Export Promotion Counsel vs. A.K. Chopra (1999)1 SCC 110.
4|Page
the authors and the chapters of books have been taken into account to build the basics of the
concept and to deal in with the issue of bringing a law to legalise the trend of mercy killing in the
country, the other part analyses the concept. For such, a survey was duly conducted, taking in
consideration the research questions, the questions were kept simple and direct, in order to make
ease with the people answering the survey. Without many efforts, the survey was successfully
conducted and a delightful result has been achieved.

4. NEED OF THE STUDY

India has always been a country of values and morals. Whenever any question rises in the
society, which tends to challenge the belief system of the country; it needs to be viewed and
studied. Sexual harassment amongst workplace is one such concept which is questioning the
moral background of the individuals and is thus needs an evaluation.

5. AIM AND OBJECTIVES

The aim of the research is to carry out a fieldwork study on the issue whether the concept of
sexual harassment is well understood in our country amongst the human resource managers and
whether the Act 2013 enacted has any impact in the country amongst employees.

The objectives of the research are as follows-

1. To study the basic concept of Sexual Harassment.

2. To read in the guidelines provided by the Supreme Court in Vishakha case and the act
enacted on Sexual Harassment in Workplace for Women Act, 2013.
3. The project deals also in with an empirical survey; it enables us to study the detailed
views of the public at large.

6. SCOPE AND LIMITATION

The concept of sexual harassment is a socio-legal issue, that is, it not only referred to the study of
the concept in a social as well as in a legal background. International organizations working for
the protection and development of women have also concentrated on the working environment of
these women. Being the member of these organizations most of the countries have taken steps in
accordance with the protection of employees in their workplace. Very few are those who do not

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consider that sexual harassment should be stopped, but still, it continues to be, at least, a situation
of high suffering and pain for all parties involved. Thus, reading in this issue involves a great
scope. The survey conducted has been done over a sample size of 50 individuals (human
resource managers), all being educated while the area varies from the age group of 25+ to 50; it
includes the view of the managers from various departments.

7. RESEARCH QUESTIONS

1. Does country understands the concept of sexual harassment in workplace?

2. What are the measures taken by the government in lieu of this problem?
3. Whether Human Resource Managers are playing a vital role in enforcing the provisions of
the Act of 2013 in their institutions and protecting their employees from such activities?

8. HYPOTHESIS

The research project tends to analyze the issues like whether sexual harassment is a reality?
What is the understanding of the same amongst the human resource managers? Who amongst the
employees faces more sexual harassment issues as to their understanding? What is the reason of
subsistence of such issues in the society? Whether most of the cases are being reported/un-
noticed/ less reported? Such issues have attracted the best of the brains to frame the enactment in
the country to curb such issues. The project analyzes the answers to such and records its findings.

MODE OF CITATION

A uniform system of citation as per the NLS guide compiled with uniform legal citation has been
adopted by the researcher for the particular paper.

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CHAPTER 2: MEANING OF SEXUAL HARRASMENT

1. MEANING

Sexual harassment issues are a taboo in the society and they make the environment of the
organization hostile and unfit for working. Sexual harassment can be defined as an act of
sexually demeaning an individual and humiliating the individuality of the person. Sexual
harassment can be understood as a systematized violence existing in the workplaces against any
gender. In country like ours which seeks to establish gender equality such uncanny practices
ruins the constructive work done. Sexual harassment as a practice is faced by every individual
women, in industry by factory owners, supervisors and male colleagues; in service sector by
office colleagues, clients and senior employees; in college by faculty members and other
students; and in domestic affairs by males therein.

Such a practice which has become ubiquitous is being strongly ignored by the employers. The
ladies not only face sexual harassment in person but also virtually. As such no bracketed
definition is provided in law, but in the leading case of Vishakha vs. State of Rajasthan 2 , it is
defined as follows:

‘Sexual harassment includes such unwelcome sexually determined behavior (whether directly or
by implication) as:

a) physical contact and advances;

b) a demand or request for sexual favors;
c) sexually-colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual’

Supreme Court again re iterated the definition in the case of Apparel Export vs. A.K. Chopra and
said, “sexual harassment is any action or gesture [that], whether directly or by implication, aims
at or has the tendency to outrage the modesty of a female employee3”

2
29 (1997) 6 SCC 24
3
( https://indiankanoon.org/doc/856194/) AIR 1999 SC 625

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 2. INTERNATIONAL OUTLOOK TO SEXUAL HARASSMENT

The ILO (International Labor Organization) deals in with promoting social justice and
internationally recognized human and labor rights. ILO is one UN agency which tries to bring
together the governments, employers and workers representatives which makes upto 187
member states in total. ILO establishes the labor standards, develops policies and promotes
programs for decent working conditions of men and women.

It defines sexual harassment as follows:

“Any unwanted conduct of a sexual nature, which in the reasonable perception of the recipient
creates an intimidating, hostile or offensive working environment. It is particularly serious when
behavior of this kind is engaged in by any official male or female, who is in a position to
influence the career or employment conditions (including recruitment, assignment, contract
renewal, performance appraisal or promotion) of the recipient of such behavior”4.

Though all the developing and developed countries and the under developed countries are facing
the issue of sexual harassment amongst their employees, they tend to fight the problem
individually at their women will. After various international instruments, national legislature and
guidelines given by the court there is no universal definition of the term working. Though there
are certain common elements such as follows:

a) It occurs in the work place or work related environment

b) It occurs because of the persons sex
c) It is unwelcomed and not mutual
d) It often is against the work environment protocol and are activities against them5

United Nations Convention on the Elimination of all forms of discrimination against women
(CEDAW) enacted in 1981 has devised a definition of sexual harassment including the above
stated elements:

“Such unwelcome sexually determined behavior as physical contact and advances, sexually
colored remarks, showing pornography and sexual demands whether by words or actions. Such

4
https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm
5
http://shodhganga.inflibnet.ac.in/bitstream/10603/63204/9/09_chapter%202.pdf
8|Page
conduct can be humiliating and may constitute a health and safety problem; it is discriminatory
when the woman has reasonable ground to believe that her objection would disadvantage her in
connection with her employment, including recruitment or promotion, or when it creates hostile
working environment”6.

3. INDIAN JUDICIARY ON SEXUAL HARASSMENT

In 1992, Bhawri Devi a government worker was gang raped by a bunch of men while she was
opposing for the child marriage. This incident brought havoc on the working community of
women and after a fight of long five years the judgment was given in the form of guidelines in
the case of Vishakha vs. State of Rajasthan. Later the guidelines provided were formulated in an
act. Supreme Court held:

“Where any of these acts are committed in circumstances under which the victim of such conduct
has a reasonable apprehension that in relation to the victim’s employment or work (whether she
is drawing salary or honorarium or voluntary service, whether in government, public or private
enterprise), such conduct can be humiliating and may constitute a health and safety problem, it
amounts to sexual harassment in the workplace. It is discriminatory, for instance, when the
woman has reasonable grounds to believe that her objection would disadvantage her in
connection with her employment or work (including recruiting and promotion), or when it
creates a hostile working environment. Adverse consequences might result if the victim does not
consent to the conduct in question or raises any objection thereto.”7

Post Vishakha judgment, the Supreme Court widened the scope of understanding of sexual
harassment; according to which, sexual harassment does not requires the usage of physical touch.
It held:

“sexual harassment is a form of sex discrimination projected through unwelcome sexual

advances, request for sexual favors 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

6
http://www.un.org/womenwatch/daw/cedaw/
7
https://indiankanoon.org/doc/1031794/
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employee and unreasonably interfering with her work performance and had the effect of creating
an intimidating or hostile work environment for her.”8

Dr Medha Kotwal, member of Alochana (NGO) filed a PIL and brought in knowledge of the
court the regular incidents of sexual harassment occurring after the guidelines given in Visakha
judgment, the court held:

“the implementation of the Vishaka 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.”9

The court has been very active ever after and has made gross changes in the system to secure the
safety of the women in the society and in the working environment.

8
Apparel Export Promotion Council v. A.K Chopra ((1999) 1 SCC 759)
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Prevention_of_Sexual_Harassment_a
t_Workplace.pdf
9
Medha Kotwal Lele & Ors. V. Union of India & Ors. (1997 6 SCC 241)

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CHAPTER 3: TYPES OF SEXUAL HARASSMENT
Sexual harassment has no clear boundary and fixed criteria of classification. To the
understanding of the law makers’ sexual harassment is an act which is not only physical but also
mental and torturous in nature.
Mackinnon10 has given a clear understanding to the types of sexual harassment occurring in the
organizations. He has divided the sexual harassment based on the judgment given by the US
court in the case of Meritor Saving Bank v. Vinson11 and has classified the sexual harassment as
follows:
a) Quid pro quo harassment
b) Hostile work environment
Quid pro quo harassment is a kind of sexual harassment done by the individual to provide an
employment opportunity. Such harassment includes offers made on behalf for promotion, salary
increase or transfer to a particular place.
Hostile work environment is intimidating in nature and as defined by the Equal employment
opportunity commission12 it is an unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature.
Sexual harassment can be classified further in the following ways:

a) Harassment Based on Gender:

Women have been facing gender biased issues in the organizations. They face issues in fully
participating in the class of men. There is a tacit devaluation of women and often there is explicit
use of derogatory terms to demean or trivialize women. Such comments are made in the form of
sexually explicit comments.

b) Electronic system of harassment:

Women are being cyber stalked by individuals (clients or employees) through emails which
could be unsolicited, obscene or threatening, or the activity can be on social media which
includes texting and following and commenting. This system has a clear test of harassment
which includes making the female feel unsafe.

10
http://shodhganga.inflibnet.ac.in/bitstream/10603/63204/9/09_chapter%202.pdf
11
477 US 57,63 (1986)
12
http://www.minorityaffairs.gov.in/sites/default/files/eoc_wwh.pdf
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CHAPTER 4: ANALYSIS OF THE SEXUAL HARASSMENT FOR WOMEN AT
WORKPLACE (PROTECTION, PROHIBITION AND REDRESSAL) ACT, 2013

The Act was enacted on the lines of the Vishakha judgment and the allied post judgments of the
Supreme Court. The act was enacted on 23rd April, 2013 and is applicable in whole of the
country including Jammu and Kashmir13. The Act 2013 is divided into 8 parts and 30 sections.

Chapter 1 mentions the definitions which are 16 in number and are as follows:

a) Aggrieved woman
b) Appropriate government
c) Chairperson
d) District officer
e) Domestic worker
f) Employee
g) Employer
h) Internal committee
i) Local committee
j) Member
k) Prescribed
l) Presiding Officer
m) Respondent
n) Sexual harassment
o) Workplace
p) Unorganized sector

Section 3 mentions the prevention of sexual harassment in the workplaces 14. It lays down a
general rule that women should not be sexually harassed and the other part of the section lays
down the following acts as sexual harassment which includes implied or explicit promise/threat
of preferential/detrimental treatment, threat about her present/future employment status, and

13
Section 1(2) of POSH, 2013
14
as defined in 2(o) of POSH, 2013
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interference with her work or creating offensive or hostile environment and humiliating her and
affecting the health and safety.

Chapter 2 mentions the constitution of internal committee:

a) Act suggests that there should be an internal committee instituted at every branch of the
organization. The power of the institution of the same shall lie in the hands of the
employer. He shall institute the same in writing15.
b) According to the Act, the internal committee shall constitute the following members: a
Presiding officer who shall be a woman, two members committed to the cause of woman,
social work and legal experience. One member from non-governmental organization who
shall be paid by the organization. Out of this entire half should be women i.e. two
members. All these members shall only have their seat for maximum three years.16
c) Presiding members shall be removed from their positions if they would have been found
in contravention of section 16 which mentions for leaking the identity of the complainant,
convicted for an offence, found guilty of any disciplinary proceedings and prejudicing the
position.17

Chapter 3 mentions for institution of local complaints committee:

a) The state government will appoint DM/ADM/Collector/Deputy collector/district officer

to exercise the power given in this act.18 Every such officer will institute a local
committee in the district to receive the complaints of sexual harassment in the district.19
One nodal officer shall be appointed in every block/taluka/tehsil by the district officer to
receive complaints and forward the same to the local committee in seven days.20
b) Local Committee shall consist of members of following communities: committed to
social work/ cause for women/representative from block/tehsil/taluka/two members from
non-governmental organization (one being a woman). Out of all these, one member

15
Section 4(1), POSH Act, 2013
16
Section 4(2),4(3),4(4), POSH Act, 2013
17
Section 4(5), POSH Act 2013.
18
Section 5, POSH Act 2013.
19
Section 6(1), POSH Act,2013.
20
Section 6(2), POSH Act,2013.
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 should be from law background and sc/st opportunity21. The chairperson and all the
members shall hold office for three years and not more22.
c) Chairperson and local complaints committee members shall be removed from their
positions if they would have been found in contravention of section 16 which mentions
for leaking the identity of the complainant, convicted for an offence, found guilty of any
disciplinary proceedings and prejudicing the position.23
d) While instituting these committees, the central government after due appropriation from
parliament may assess and grant the same to the state government and which shall set up
an agency and grant the same to district officer who shall pay further. The accounts shall
be maintained by the accountant general of the state.24

Chapter 4 mentions for complaint procedures:

a) Section 9 mentions the procedure for filing the complaints of sexual harassment, the
complaints shall be filed in writing by the complainant or by the heirs of the same in case
of incapacity of the women. The same shall be filed within three months from the
incident and the inquiry can be conducted within three months from the date of the
complaint made. The same shall be made to the internal committee/local committee.
b) Internal committee/local committee on receiving the complaint shall try to conciliate the
complaint between the respondent and the aggrieved and the report of the same shall be
sent to the district officer and a copy of the same shall be served to both the parties.25
c) If unsuccessful, an inquiry shall be conducted in the complaint of the complainant under
section 11. The same should be concluded within ninety days and the committee shall
have the same power as that of a civil court under CPC, 1908. The committees shall
proceed according to service laws if applicable on the respondent or else the committee
will forward the same to the police for filing a case under 509 IPC26 . The aggrieved party

21
Section 7(1), POSH Act, 2013.
22
Section 7(2),POSH Act,2013.
23
Section 7(3), POSH Act, 2013.
24
Section 8, POSH Act, 2013.
25
Section 10, POSH Act, 2013.
26
509. Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty
of any 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 or object shall be seen, by such woman, or intrudes upon the privacy of
14 | P a g e
 shall be paid during the continuance of the case and the findings shall be provided to both
the parties.

Chapter 5 lays down the procedures for inquiry into complaints:

a) During the pendency of the inquiry of the complaint, if the complainant may so request,
the complainant may be transferred to another workplace, grant leave for three months or
may grant any other wish as may be prescribed. The leave so granted shall be in the
addition to the leave the complainant shall be entitled too. The recommendations given
by the committee shall be implemented by the employer.27
b) After the completion of the inquiry within ten days the report of the same shall be
provided to the district officer and the parties, if the committee finds the accused to be
guilty then action shall be taken in reference to the service rules applicable on him/to
deduct any salary or wages as applicable on him and if the charges are proved against
him then no action shall be taken against him.28
c) The act provides for the provisions of false complaints, if it is found in the inquiry
conducted that the complainant had filed a false complaint or had furnished a false
document which might have been forged or misleading. In such a case the proceedings
shall be conducted against the complainant according to the service laws applicable on
her.29
d) In order to pay the sum to the aggrieved party the district officer shall take into account
the mental trauma/pain/suffering/emotional distress/loss of career opportunity/medical
expenses/income and financial status. And the feasibility of payments shall be in lump-
sum.30
e) The act lay down that no information shall be a part of any Right to information, be it the
contents of the complaint or any document furnished. The information can be dissented
only if it is in the interest of the justice.31

such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or
with both
27
Section 12, POSH Act,2013
28
Section 13,POSH Act,2013
29
Section 14, POSH Act, 2013.
30
Section 15,POSH Act,2013.
31
Section 16,POSH Act,2013.
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 f) If any person entrusted with the inquiry makes any information (including the contents of
complaint, enquiry or recommendations) public, he shall be liable to the punishment laid
under the service laws applicable on him.32
g) The power of appeal shall lie with the court or tribunal within ninety days of the order.33

Chapter 6 enumerates the duties of the employer:

Section 19 enumerates the duties of employer which includes:

i) Safe working environment

ii) Displaying of penal provisions for sexual harassment
iii) Organizing workshops and awareness programs
iv) Providing facilities to internal and local committees
v) Assist in securing the attendance of respondent and witness
vi) Providing information to the committees
vii) Providing assistance to the women complainant if she wishes to file a complaint
under IPC
viii) Initiating action under IPC if necessary
ix) Treating misconduct of sexual harassment according to service laws
x) Monitoring the timely submission of reports by Internal Committee.

Chapter 7 lay down the duties and powers of district officers as follows:

a) They shall monitor the timely submissions of the reports furnished by the local
committee.
b) They will take all necessary measures for engaging non-governmental organizations for
creation of awareness and rights of women34.

Chapter 8 is the final chapter of the act and is miscellaneous in nature. It mentions the following
provisions:

32
Section 17,POSH Act,2013.
33
Section 18,POSH Act,2013.
34
Section 20, POSH Act,2013.
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 a) Section 21 lay down that the internal committee shall present an annual report to the
employer and the district officer. The district officer shall present the same to the State
government annually.
b) Employer shall prepare the number of filed cases and the status of each to the district
officer and if no such status is applicable then he shall only submit the number of cases
filed under section 22.
c) The appropriate government under section 23 shall maintain the number of data on the
number of cases filed and the number of cases disposed of.
d) The appropriate government shall conduct sessions and awareness programs in regard to
the sexual harassment cases and shall conduct orientation and training program for the
members of local complaints committee35.
e) The appropriate shall have the power to summon any district officer/ employer in regard
to any case of sexual harassment reported and shall authorize any individual to
inspect/search all documents and places with regard to any reported case. All employers
and District officer shall assist the officer appointed in providing all the necessary
documents36.
f) If any employer is found guilty in contravention to the laws of this act, he shall be
punishable with a fine of fifty thousand rupees or conviction, if the offence is repeated
twice the punishment as shall be prescribed in the law for the same or in any other act.
The court shall take in course the punishment to grant the higher punishment and shall
also cancel the license of the employer.37
g) The offence being committed under this act shall be non cognizable and shall be taken in
cognizance by metropolitan judge or judicial magistrate first class. The offence shall be
instituted on the complaint of the aggrieved/complainant.38
h) Section 28 holds that this act shall be in addition and not in derogation of the provisions
of any other law for the time being in force.
i) The rule making power shall lie with the Central Government, such rules hall include the
fees and allowances of the members/nomination of members/fees and allowances of

35
Section 24,POSH,2013
36
Section 25,POSH,2013.
37
Section 26,POSH,2013.
38
Section 27,POSH,2013.
17 | P a g e
 chairperson/procedure for complaints/manner of inquiry/relief recommended/manner of
action taken in case of publication/manner of appeal/manner of organizing workshops
and awareness programs/form of filing the annual report. All rules made shall be laid
before both houses of parliament while in session. Any rule made by the state
government shall be laid before the houses of state legislature as soon as ready.39
j) In case of any difficulty that may arise, the central government shall have the power to
remove the same and every such order shall be laid before the houses of parliament.40

39
Section 29, POSH Act,2013.
40
Section 30,POSH Act,2013.
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CHAPTER 5: SEXUAL HARASSMENT IN ORGANISATIONS AND MANAGERS

The responsibility of hiring the employees is that of the managers and so does the responsibility
of maintaining the decorum of work in the organization. The issue of sexual harassment is
inversely proportional to the progress of the organization. The lesser the cases of sexual
harassment more will be the progress of the organization. Every organization has seen the
formation of trade unions which is a boon for the employees. Trade unions have made the
position of the employees better and they have helped them negotiate their terms with the
employees. Points of wages and salaries, working conditions, discipline issues, personnel
policies, welfare terms and employer and employee relationship terms are now negotiable
because of the coming of the trade unions.

Human resource managers deal with the establishment and maintenance of the workforce in the
organization. It maintains and plays a vital role in the organization. Between 70s and 80s only
productivity was the utmost importance but now a day’s retention is considered equally
important for the organization. HRM plays a vital role in the following compulsion:

a) HRM is helping the organizations to adapt the new form of learning. The management is
adapting the form of change and is welcoming the change management in the system.
b) As is said if any person is given a job which he inspires for, then he would not have to
work. But this has become very difficult to provide the job which everyone aspires for,
thus it is the responsibility of the HRM to build the competence of the employees for the
suitable environment.
c) Commitment to the suitable environment for working is one big struggle for the
employees and HRM helps them in coping with such issues.
d) Every organization has certain goals and objectives to be fulfilled. Well qualified and
committed employees are at variance with such organizational objectives. It is very
important for the HRM to deal with such issues.
e) It is very important to keep the employees motivated and HRM plays a very crucial role
in fulfilling the need of motivated employees.

There are various challenges which the HRM comes across in dealing with the employees.
Certain are the enumerated challenges which they come across:

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 a) People expect that vision is only top level management deal but it has to be brought down
the line. HRM acts as a bridge between the two.
b) It is the responsibility of the HRM to manage the internal and external environment for
the employees and increase their compatibility towards it.
c) HRM faces a gross issue of employee retention, changing company norms and creation of
social system equilibrium.
d) Sexual harassment cases are the main issues apart from the other problems which the
HRM has been facing in any organization.

HRM is an important organization which is not only playing the vital role of trade unions by
negotiating the position of employees with the employers but they are also an integral part of the
organization. Sexual harassment cases affect the company’s internal environment and work
ethics of the organization. It is the duty of the managers to enable protection to the employees
and maintain the balance between the employees and employers.

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CHAPTER 6: SURVEY ON UNDERSTANDING THE SEXUAL HARRASMENT IN
INDIA

1. SURVEY QUESTIONS

QUESTIONARE: (Please answer in a/b/c and do record your views)

Question 1: Do you believe that sexual harassment cases are a reality?

a) Yes
b) No
c) Maybe

Question 2: What is the nature of your workplace?

a) Any government sector department, organization, undertaking, establishment, enterprise,
office.
b) any private sector organization or a private venture
c) hospitals or nursing homes
d) any sports institute, stadium, sports complex
e) an unorganized sector

Question 3: Have you ever come across any sexual harassment case while being in your current
position as an HR for the company?
a) Yes
b) No
c) Maybe

Question 4: Who according to you faces more sexual harassment in the industry?
a) males
b) females
c) both

Question 5: What according to you should be included in the definition of sexual harassment
from the following: a) sexual coercion, b) unwanted sexual attention, c) sexual assault, d)

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unwanted touching, e) Verbal sexual overtures, f) nonconsensual electronic sharing,
g)penetration.
a) all
b) sexual coercion, unwanted sexual attention, sexual assault only
c) Physical, mental torture involving the making of unwanted sexual advances or obscene
remarks.

Question 6: Do you think sexual harassment cases are going un-noticed or less reported in your
organization?
a) yes
b) no
c) i am not aware

Question 7: In general, do you think sexual harassment cases are going un-noticed or less
reported because of the following reasons: a) job security, b) decrease in the chances of
promotion, c) increase in harassment and bullying after job timings, d) social and mental trauma?
a) all
b) above stated reasons
c) only to secure job and increase chances in promotion
d) to save oneself from further harassment and mental and social trauma

Question 8: Do you think that Human Resource Managers play a vital role in maintaining the
decorum for restricting sexual harassment acts in the company?
a) yes
b) no
c) may be

Question 9: Does your institution/ organization/workplace have an internal committee for

dealing with sexual harassment cases?
a) yes
b) no
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 c) may be

Question 10: Have you ever been an integral part of this internal committee?
a) yes
b) no
c) may be

Question 11: Are you aware of any fixed norms that your compnay has for restraining such
activities amongst the employees?
a) yes
b) no
c) may be

Question 12: Are you aware of the Vishakha guidelines and The Sexual Harassment of Women
at Workplace (Prevention, Prohibition And Redressal) Act, 2013?
a) yes
b) no
c) may be
Question 13: Do you think Vishakha guidelines and The Sexual Harassment of Women At
Workplace (Prevention, Prohibition And Redressal) Act, 2013 are women favoring?
a) yes
b) no
c) may be

Question 14: Do you think enacted laws and regulations are adversely affecting the data of
sexual harassment cases?
a) yes
b) no
c) may be

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Question 15: Do you think enacted laws and regulations should be made gender neutral?
a) yes
b) no
c) may be

Question 16: Do you think mere inquiry and actions taken regarding sexual harassment cases by
the internal committee are adequate or else the person should be prosecuted in a criminal court?
a) yes, actions taken by internal committee are adequate
b) no, the person found guilty should be criminally prosecuted
c) don't know

Question 17: Do you think person sexually harassed should be provided legal help on the
expenses of company?
a) Yes
b) No
c) Maybe

Question 18: Do you think apart from already prevailing civil and criminal courts there should be
a special tribunal instituted to deal such cases in particular?
a) yes
b) no
c) may be

Question 19: According to you, what is the parameter of measuring sexual harassment (for eg.
work stress, client withdrawal, in-affective commitment)?
______________________________________________________________________________
Question 20: If given a chance what one regulation will you make in your institution to minimize
the sexual harassment cases that might occur?
______________________________________________________________________________

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SURVEY RESULT

Answer 1: Yes (82%), No (6%), May be (12%)

Question 1

yes
no
may be

Answer 2: Any govt. organization (38%), any private organization (30%), an unorganized sector
(20%), hospitals (8%), and sports’ institute (4%)

Question 2

any govt. organisation

any private organisation
an uroganised sector
hospitals
sports

Answer 3: Yes (58%), No (38%), may be (6%)

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 Question 3

yes
no
may be

Answer 4: males (0%), females (67.3), both (32.7)

Question 4

males
females
both

Answer 5: All reasons (54%), sexual coercion and attention (24%), physical and mental torture
(20%), others (2%)

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 Question 5

All

sexual coercion and attention

physical, mental torture

others

Answer 6: yes (70%), no (18%), I am not aware (12%)

Question 6

yes
no
I m not aware

Answer 7: All reasons (63.3%), only to secure job (14.3%), to save oneself from harassment
(22.4%)

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 Question 7

all
only to secure job
to save oneself from harassment

Answer 8: yes (90%), no (10%), may be (0%)

Question 8

yes
no
may be

Answer 9: yes (68%), no (22%), may be (10%)

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 Question 9

yes
no
may be

Answer 10: yes (48%), no (46%), may be (6%)

Question 10

yes
no
may be

Answer 11: yes (66%), no (26%), may be (6%)

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 Question 11

yes
no
may be

Answer 12: Yes (70%), No (18%), May be (12%)

Question 12

yes
no
may be

Answer 13: Yes (76%), No (22%), May be (2%)

Question 13

yes
no
may be

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Answer 14: yes (74%), no (10%), may be (16%)

Question 14

yes
no
may be

Answer 15: yes (76%), no (14%), may be (10%)

Question 15

yes
no
may be

Answer 16: yes (48%), no (50%), don’t know (2%)

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 Question 16

yes
no
don’t know

Answer 17: yes (66%), no (28%), may be (6%)

Question 17

yes
no
may be

Answer 18: yes (74%), No (12%), may be (14%)

Question 18

yes
no
may be

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Answer 19: Opinions as follows: recorded (30)

1. non commitment in activities

2. Client withdrawal
3. Such more reasons are also responsible for sexual harassment at work place.
4. Work stress
5. Irritated bheaviour
6. Sexual gestures
7. In-affective commitment
8. behavioural differences
9. Client wothdrawl unusual behaviour
10. Work stress and earn more then more money,promotion,job and position.
11. Work stress, no basic moral teaching at home, objectifying female / male, mid life crisis
12. Withdrawal from the work and irritated behaviour
13. Close working and weak working ethics
14. Coordination and work division
15. Exploitation by the position holders
16. Inefficiency in work. Not regular in work.
17. Eve teasing
18. Close coordination of working
19. Sick mentality
20. People commit such activities for fun
21. Opposite sex attraction
22. Complaint in itself of the complainant
23. Sexual vengence
24. Complaint itself
25. Complaint of the employee
26. Inconsistent ratio of employee
27. Extended working hours
28. Client misappropriation
29. Sexual assault
30. Indifferent work parameters
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Answer 20: Opinions as follows: recorded (32)

1. separate working spaces

2. Stringent laws
3. I may be playing a vital role in placing a special department for that type of complaints
and make a special treatment for the victims of that...
4. Awareness about sexual harassment
5. Activity classes
6. In-house committee
7. Proper transportation
8. Communicate your problem freely
9. Promotion based on competition, ensure income according to general need, for
consenting adults who want sex to each other for give them 12 hour time leave total in a
week for made consenting relations.
10. The guilty should be sent to legal proceedings and the person should not ever be allowed
to work in any similar organization
11. Weakly one-to-one meeting with each employee.
12. Open discussions
13. Working hours
14. Enable proper coordination
15. Internal committee to be strengthen
16. Make a regulatory body having majority of women who can solve case within 1 week.
17. Safe traveling
18. Overview committee
19. Moral classes
20. Video lectures for awareness
21. Improvising the laws applicable
22. Institution of a committee
23. Following the enforced law properly
24. Internal committee
25. Proper working environment
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 26. Proper working hours and conditions
27. Follow the acts enforced
28. Enforcement of law
29. Institution of counselors
30. Enforcement of separate counselors
31. Institution of committees
32. Strict regulations

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CHAPTER 7: ANALYSIS OF THE SURVEY ANSWERS

The survey was conducted amongst the human resource managers in various departments;
Question 2 answers them in particular. We here will analyze the concept of sexual harassment as
understood amongst them and the changes they expect the institutions they are working in to
make with regard to the same.

Question 1 was answered in the most positive way as possible, almost everybody believed that
sexual harassment cases are a reality and are going on in the institutions as suggested almost
82% of the total answered yes. Where 12% believed that may be the cases are a reality in its true
sense. All these Human resource managers have a vivid understanding (Answer 5) of the sexual
harassment and believe that it includes sexual coercion, unwanted sexual attention, sexual
assault, unwanted touching, Verbal sexual overtures, nonconsensual electronic sharing and
penetration. Over 54% believe that all of the above stated should be included in the definition
while 24% believed that only sexual coercion and assault should be included while 20% believe
that the best definition of sexual harassment is physical and mental torture. A vivid and a clear
understanding are there amongst the managers about the definition of the sexual harassment and
it is well understood.

Answer to (question 2) analyzed the working areas of the Human resource managers upon whom
the survey was conducted. About 38% of the human resource managers contacted were working
in the government sectors including any department, organization, undertaking, establishment,
enterprise, institution, office and branch. While 30% were working in the private sectors and
private undertakings. 20% of them were a part of the unorganized sector as explained in the
sexual harassment act41 while the rest are a marginal part of hospital and sports institution.
(Answers 4) Human resource managers do believe very strongly that sexual harassment cases are
being conducted with females rather than males; there are various individuals who believe that
both are being the victim of the same. 67.3% believe that females and 32.7% believe that both
males and females. (Answer 8) 90% of the human resource managers believe that human
resource managers play a vital role in determining the sexual harassment cases. Most of them

41
Section 2(p) : Unorganized sector
36 | P a g e
believe (Answer 6) that 70% of the cases are going unnoticed/less reported in various
organizations.
Internal committee recommended by the act is a necessity. (Answer 9) 68% believe that their
organization does not have a proper instituted internal committee. (Answer 10) Approximately
48% human resource managers contacted were directly a part of this internal committee, while
6% of them are indirectly a part of the same.
(Answer 12) 70% of the managers are aware of the guidelines laid down by the POSH Act, 2013
and Viskakha guidelines. 76% of them believe that all the guidelines laid and invented in the
country are female favoring (Answer 13). (Answer 15) approximately 76% believe that
guidelines should be made gender neutral.
In view to the prosecution, 50% strongly believed that person found guilty should be criminally
prosecuted. While 48% believe that actions taken by the internal committee are adequate
(Answer 17). (Answer 18) 74% believe that a separate tribunal should be instituted in addition to
the existing system.

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CHAPTER 8: CRITICS OF THE CONCEPT

Sexual harassment cases are being committed at a very high rate in our country and the shameful
situation is that it gets unnoticed and un-complained due to various existing factors. Specifically,
mentioning the security of the job and sustenance of the chances of promotion. Further, to save
oneself from social and mental trauma. Every individual under goes such treatment once in a life
time be it a male or a female, but generally in a country like ours people often neglect the
possibility of any stringent action being taken against such activity. This lack in the system and
the lack in the humanity which the individuals owe to each other have not only lead to a
confusion and a nasty environment in working but has also let the individuals to be solely
determined and selfish. This has not only lead to physical stressing but mental stressing of the
individual. Such activities creates hostile environment for the working of the women.

As of the Act, 2013 is women centric and considers women as a major contributor of being
aggrieved, while in our practical survey conducted many of the human resource managers have
come across complaints of sexual harassment of both males and females. Not only this, they
have a very strong viewpoint in lieu to the gender neutrality of the Act. The Act does not
mention men being a part of the aggrieved party and also as suggested by the Justice Verma
Committee Report, the legislation should also cover women in the armed forces and police,
government institutions, all public bodies, all panchayats, all establishments covered under the
Factories Act, 1948 and the Industrial Disputes Act, 1947 and all employers in the private sector,
armed forces, police, agricultural workers and women students/ staff of all schools and
educational institutions other than as mentioned.

The other issue which is related to the act is that the act mentions that the respondents is a
person, it does not mentions whether the same can be a female/ transgender as well. Another
issue put forth is related to the internal committee in the establishments, such internal committee
by law are recommended to be formed in every institution, but the cat does not lays down the
burden of not having the committee in the institution. It doesn’t mention the repercussions or the
responsibility one might have to face for not having one. And it also does not mention the people
responsible. In which case, the whole responsibility will be deemed to be on the owners and the
mangers and the human resource managers. The committee requires two members to be females;
the problem which might occur is the recruitment of female employees in the senior position.
38 | P a g e
The act does not covers in itself the women who have been terminated for complaining such
activities and the act also does not mentions the punishments for false complaints which one
might file against the other. The practical problem in the act is that it not only utilizes the
resources but also is a time taking exercise, though a moral problem it not only ruins the work
ethics but also the working environment of the company.

The act has flawless issues over who should be the victim, who can be the respondent, what will
be the duties and responsibilities of the internal committee and what will be the institution in
case the same mentioned cannot be fulfilled. There is reluctance in mentioning all the places and
covering all the working classes be it labor and domestic help too. The act also does not mention
the problem which might occur in the execution of the act. Thus, the act should be scrutinized
and should be duly read and clearly demarcated to reduce down the issues which are occurring in
the execution of the provisions of the same.

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CHAPTER 9: CONCLUSION

Thus to conclude, it should be understood that sexual harassment has been an age long practice
and has qualified all the barriers of the society like that of race, case, sex, color and has prevailed
in the developed and the developing countries age long. It needs to be addressed that an
individual be it a male or female, both can be a victim of this uncanny practice of sexual
harassment in the industry. The suppressive may or may not be a male figure, it could be a
female too, unexpected but true. One needs to understand the reasons of such activities’
happening in the industry, they account for gender indiscrimination, no proper distribution,
favoring nature and the mindset of the harasser. Sexual harassment activities not only includes
asking for sexual favors and unwanted touching, it also involves the mental pressure one
individual undergoes because of the sexual assault, coercion and unwanted sexual attention
which one gets from the harasser.

As did we proceed in the project we understood the concept of gender equality and protection of
women. India in particular has been a country which has always protected its women but
somehow has failed in doing so. The protection does not only involves the making of the
legislations it also requires the execution of the same. India as a country is not ready to
understand the concept of gender neutrality rather than gender equality. In trying to be gender
equal we have been favoring women and have overlooked the possibility that a man can also be
the subject of the issues addressed herein.

Internationally, United Nations has been working and deciding the pathway to inhibit the sexual
harassment cases in workplace and to miser then down in every stages. Not only it preaches and
has treaty to protect women from sexual harassment but also lays down the provisions for
inhibiting equal status to both men and women. ILO specifically mentions for equal wage, equal
working hours and other holidays. Constitutionally, too our country has addressed and has
enacted various protective laws namely, Industrial Disputes Act, Minimum wages act,1948, the
factories act, 1948, Equal remunerations act, 1976, Maternity benefit act, 1961 and others.

Protection of Sexual Harassment Act for Women, 2013 enacted on the lines of Viskaha
guidelines from 1977 is a strong step taken in the protection of sexually harassed individuals but
as such the execution of the Act is being a problem in the country. The critics of the act have

40 | P a g e
vividly mentioned the problems which are coming in the way of execution of the same

41 | P a g e
CHAPTER 10: RECOMMENDATIONS AND SUGGESTIONS:

As recommended and suggested, the following steps should be taken:

a) A better understanding should be incorporated amongst the employees, and rather than
taking reformative measures deterrent measures should be taken to control the sexual
harassment cases in workplace.
b) The Act should set the accountability of the individual or the organization responsible for
non implementation of such provisions and procedures.
c) A panel for private companies and public companies should be incorporated at the
district, state and the central level apart from the different commissions existing. This
might be a tedious procedure but it will solve the issue of female members being a part of
the commission.
d) Every company should have incorporate preaching and awareness programs in its CSR
activity. This not only bends the mind of the individual but also increases their moral
values and inhibits humanity in them.
e) As suggested by the act, the procedure should be made speedy. The Act prescribes for a
period of 3 months but practically it is a lengthy procedure and very harassing for both
parties.
f) The Act should also involve the provisions for false complaints; the burden in such case
should lie upon the person to prove against them.
g) Human resource counselors should be appointed to analyze the problems which might
occur in the appointing of the employees in the institute or organization.
h) Apart from the policies of the state every employer must have certain norms on the
sexual harassment problem and such policies should be duly implemented.
i) These should be framed by the professionals and human resource managers and
counselors so appointed should be given the responsibility to establish them in the
organization amongst the employees with no tolerance policy towards sexual harassment.

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BIBLIOGRAPHY

1. “A contemporary and Digest on Sexual Harassment in Workplace”, Universal House

Publication, Delhi, III Edition 2017 (ISBN: 9789351439639, 9351439631)
2. “Workplace Bullying and Harassment: New Developments in International Law”, Ellen
Pinkos Cobb, Routledge; 1 edition (7 April 2017)
3. Sexual Harassment in the Workplace (English, Paperback, Mary L. Boland),
Mary L. Boland, Publisher: Sphinx Publishing, Edition 5
4. “Law of Sexual Harassment at Workplace: Practice & Procedure”, Amish Tandon, Niyogi
Books, and Edition: I, 2017.
5. Appeal Export Promotion Counsel vs. A.K. Chopra (1999)1 SCC 110. (Indian kanoon.com)
6. https://www.ilo.org/global/about-the-ilo/mission-and-objectives/lang--en/index.htm
7. http://shodhganga.inflibnet.ac.in/bitstream/10603/63204/9/09_chapter%202.pdf
8. http://www.un.org/womenwatch/daw/cedaw/
9. https://indiankanoon.org/doc/1031794/
10. Apparel Export Promotion Council v. A.K Chopra ((1999) 1 SCC 759)
(http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Prevention_o
f_Sexual_Harassment_at_Workplace.pdf)

11. Medha Kotwal Lele & Ors. V. Union of India & Ors. (1997 6 SCC 241)
12. http://shodhganga.inflibnet.ac.in/bitstream/10603/63204/9/09_chapter%202.pdf 477 US
57,63 (1986)
13. http://www.minorityaffairs.gov.in/sites/default/files/eoc_wwh.pdf

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