Sexual harassment is growing……..
–Contributed by Deepak Miglani
It is very difficult to define that what behavior constitutes sexual harassment. Such a behavior may be verbal or non verbal. It covers a wide range of behaviors, from patting a woman's bottom, pinching, verbal sexual jokes or innuendos, constant leering or ogling, to repeated, intrusive, insistent arms around the shoulder all the way to the explicit propositions that require a woman to either engage in sexual relations. When unwelcome sexual conduct interferes with an individual's job performance or creates an intimidating, hostile , or offensive work environment sexually harassed a female. Female can be harassed physically and psychologically.
The Supreme Court of India in the case of Vishaka vs. State of Rajasthan gave a landmark judgement defining 'Sexual Harassment' as any such unwelcome sexually determined behaviour (Whether directly of by implication) like;
· Physical contact of advances
· A demand or request for sexual favours,
· Sexually cloured remarks,
· Showing pornography, and
· Any other physical, verbal or non verbal conduct of a sexual nature.
Where any of these acts is committed in circumstances where 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, 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.
The basic problem in dealing with the problem of sexual harassment is that Indian Penal Code (IPC) has not specific provision covering the subject in its entirely. A case can be filed under Section 509,209,294 and under 354 of IPC. A civil suit can also be filed for damages under tort laws, on the ground of mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.
Many women don't even realize that they are being harassed. Thus there is an urgent need for education regarding sexual harassment, employer institutions are required to publicize the Vishaka Verdict and create awareness about it. There is gross ignorance or rather negligence toward the Vishaka Guidelines at the institutional level also.
There is not specific legislation to prevent and punish sexual harassment at work place.
Now we can not ignore the other side of coin. Man are now sexually harassed. Society always take the woman as the victim but treat the man always a culprit. A movie named "Aitraj" has been made on this issue. No law has been framed to curb this problem. There is no place where the man will go. Does sexual harassment word relate only to woman? Can man not be sexually harassed?