Prevention of Sexual Harassment to Women At Workplace in India

1. Prevention of Sexual Harassment to Women At Workplace in India Group No. 7 Santosh Shetty : 44 Derryl George : 05 Manoj pathak : 35 Sudham Shetty : 44 Santosh Singh : 48 Rasesh Shah : 60

2. Executive Summary Prevention of sexual harassment to women at workplace in India by: Increasing awareness of target adopter group about the legal protection available to them as per Indian law. Opening a call centre for free and fair reporting Conducting workshops with various employers about their duties towards women at workplace regarding prevention of sexual harassment.

3. Assessment of the Current Social Marketing Situation

4. Sexual harassment- Definition Unwelcome sexually determined behavior, (whether directly or by implication) as: Physical contact and advances A demand or request for sexual favors Sexually colored remarks Showing pornography Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

5. Sexual harassment- Types • 'Quid pro quo', • means seeking sexual favours or advances in exchange for work benefits and it occurs when consent to sexually explicit behaviour or speech is made a condition for employment or refusal to comply with a 'request' is met with retaliatory action such as dismissal, demotion, difficult work conditions. • 'Hostile working environment' • is more pervasive form of sexual harassment involving work conditions or behaviour that make the work environment 'hostile' for the woman to be in. Certain sexist remarks, display of pornography or sexist/obscene graffiti, physical contact/brushing against female employees are some examples of hostile work environment, which are not made conditions for employment.

6. Some Facts & Figures • In India, according to a survey, every 51 minutes, a woman is reported to be sexually harassed and every 26 minutes a woman is sexually molested. • The report of a study conducted by the gender study group of the Delhi University showed that 91.7 per cent of all the inmates of women’s hostels and 88.2 per cent of all the women day scholars had faced sexual harassment on the roads and within the campus. • The reported molestation cases rose to an all-time high of 835 in 2007, against 713 in 2006.

7. RELEVANT LAWS ON SEXUAL HARASSMENT IN INDIA • VISHAKHA JUDGEMENT • In its decision in Vishakha v State of Rajasthan (1997) the apex court determined that sexual harassment is not confined to instances of rape or assault. • Instead, it can include "such unwelcome sexually determined behaviour (whether directly or by implication) as physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature."

8. THE SEXUAL HARASSMENT AT THE WORKPLACE : Prevention & Redressal Bill • The Bill recognises the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and the right to life and live with dignity under Article 21 of the Constitution which includes a right to a safe environment free from sexual harassment. • It also flows from the international “Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)”, ratified by the Government of India, which recognizes the right to protection from sexual harassment and the right to work with dignity as universal human rights. • Once the Bill becomes law it will lay down a uniform procedure for conducting enquiries into complaints of sexual harassment across a very wide range of employers including the government, armed forces, private organized sector as well as the unorganized sector such as agriculture, domestic work, construction work and the service industry.

9. PROVISIONS OF THE INDIAN PENAL CODE • Section 209, IPC deals with obscene acts and songs and lays down whoever, to the annoyance of others: a) does any obscene act in any public place or b) sings, recites or utters any obscene song, ballad or words in or near any public place, shall be punished with imprisonment of either description for a term,which may extend to 3 months or with fine or both.(Cognizable, bailable and triable offences).  • Section 354, IPC deals with assault or criminal force to a woman with the intent to outrage her modesty and lays down that: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or both.

10. PROVISIONS OF THE INDIAN PENAL CODE • Section 509, IPC deals with word, gesture or act intended to insult the modesty of a woman and lays down that: 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 such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognizable and bailable offences). • Civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.

11. PROVISIONS OF THE INDIAN PENAL CODE • Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films,pamphlets, packages, etc. containing "indecent representation of women"; they are liable for a minimum sentence of 2 years. Further section 7 (Offenses by Companies) holds companies where there has been "indecent representation of women" (such as the display of pornography) on the premises guilty of offenses under this act, with a minimum sentence of 2 years.

12. EMPLOYER’S RESPONSIBILITY TO PREVENT SEXUAL HARASSMENT AT WORK PLACE The employer should formulate a comprehensive sexual harassment policy to prevent sexual harassment . A basic policy should set forth the following: • an express commitment to eradicate and prevent sexual harassment and express prohibition of sexual harassment. • an explanation of penalties (including termination) the employer will impose for substantiated sexual harassment conduct. • a detailed outline of the grievance procedure employees should use.

13. EMPLOYER’S RESPONSIBILITY TO PREVENT SEXUAL HARASSMENT AT WORK PLACE a clear statement that anyone found guilty of harassment after investigation will be subject to immediate and appropriate disciplinary action a clear understanding and strict rules regarding harassment of or by third parties like clients, customers etc. an express commitment to keep all sexual harassment complaints and procedures confidential and time bound;

14. COMPLAINTS CHANNEL The Supreme Court guidelines impose an obligation on the employer to set up a Complaints Committee to deal with the cases of harassment. Such a committee should: • be headed by a woman • have half its members as women • include a third-party representative from an NGO or any other agency conversant with the issue of sexual harassment (to prevent undue pressure from within the organization with respect to any complaint).

15. In Rupan Deol Bajaj Vs. K PS.Gill, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab Mr. K P S.Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter. The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. 209 and 509 of the Indian Penal Code.  PROMINENT CASES ON SEXUAL HARASSMENT

16. PROMINENT CASES ON SEXUAL HARASSMENT K.Chopra’s case, is the first case in which the Supreme Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer of Apparel Export Promotion Council. He was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article.21 of the Constitution. 

17. Identification of Opportunity and Threat

18. 30 percent of the country's approximately 2 million IT and business-process outsourcing workers are women. Call centres have transformed the traditional working culture and have encouraged women to undertake night shifts SudhaSundaraman, General Secretary of the All India Democratic Women’s Association, says women working often-unsociable hours are vulnerable to sexual harassment or exploitation. Women travelling to and from work in unsocial hours also have to exercise caution. The cases women on the way home from a night shift being raped and murdered are sad reminders of how dangerous Indian cities can be.

19. Sexual harassment has been found to be rife within India’s modern work places. • As per study released in 2009, of 600 female employees working in IT and BPO industries : • 88% of women were subject tosexual harassment in their workplace, with supervisors often – • In over 70% of cases – being to blame. • In an international survey of over 12,000 people in 24 countries: • India was found to have the highest rate (26%) of reports of workers being sexually harassed by colleagues or supervisors. • The highest (25%)reported being assaulted at their place of work.

20. Up to 90% of victims of harassment do not report inappropriate or abusive behavior for fear of being victimized. : • According to the 2010 study by the Centre for Transforming India thru survey conducted in the IT sector: • around 50% employees did not know where to go if they are harassed at work. • 77 per cent stated that the details of sexual harassment policies were not part of their hiring process • 7 per cent stated that they could recollect some discussion about the topic either during their hiring process or later. • 60 per cent of the respondents were not aware of the workplace sexual harassment policies of their organizations at all :

21. Objectives of Social Product • For female employees: • Increasing awareness about the available legal redressal system • Encourage them to use Toll-free help line • For Employers: • Conducting workshop for enhancing compliance of Supreme Court Judgement

22. Proposed Social Marketing Strategies

23. Market Research Research into: Identifying the highly probable sectors where likelihood of sexual harassment is rampant Identifying the reasons which prevent female employees to report against such act Identifying the support system which will encourage victims to report Identifying the effective mode of communication to female employees Find out the level of compliance by various employers among various sectors

24. Targeting Target Segments are: • Female employees in : • IT and BPO industry • Airlines industry • Entertainment and fashion industry • Health Servieces • Employers in the above industries

25. Positioning • The social marketing product shall be suitably positioned for different target segments. • The positioning statement : “Say NO to SEXUAL HARASSMENT & Dial 1800-222-8888”

26. Communication Channels FM / AM Radio TV Social networking sites Print Media Seminars Workshops Personal counselling

27. Action Programs It is going to be 5 year program except continuation of T0ll-free number The program shall be conducted through an NGO SAMMAN. 1st year shall be used for research, test marketing and organisational structuring Rest 4 years shall be used for dissemination of information to target adopter group The toll free number shall be operated through HQ

28. Action Programs Media planning shall be done in 1st year itself Awareness campaign shall be launched from 2nd year onwards. Continuous feedback shall be collected to improvise upon communication. Personal counselling sessions shall be carried out for victims and legal support shall be provided to them. Workshops for employers shall be conducted throughout the country and various Govt officials will be involved to increase the credibility.

29. Budget

30. Controls Program evaluation will be done thru: Post campaign survey Evaluation studies Feedback Through Toll-free number Through Post program evaluation The feedback shall be used to revise the objective of the program.

31. Conclusion Society needs peaceful co-existence between genders. The recognition of sexual harassment as a legal wrong is an important step in securing human rights for women. Long term aims and goal of harmony at both work and society at large should be kept in mind. Activism through legal recourse is going to build up confidence amongst female employees. It is in interest of Employers to ensure a safe and supportive atmosphere at workplace and the same will enhance the productivity of the organisation.

32. Thank You.