Author: Shambhavi Dubey, Ajeenkya DY. Patil University
INTRODUCTION
The United States has a strong, vibrant, and internationally respected avocation in science, engineering, and medicine. More women than ever are pursuing professions in these industries because they offer fulfilling and difficult work. Fortunately, over the past few dickers, new initiatives in our nation’s colleges and advancement of women in the fields of science, engineering, and medicine. These efforts show signs of improving gender diversity as student in the life science and in medical schools are reaching gender parity, and as engineering programs at some campuses are suffer growth in women enrollment.
But these gains are risk. As women increasingly enter these fields, they face blases and barriers that impede their participation and career advancement in science, engineering, and medicine. Whether in academics or not, sexual harassment is one of the most prevalent of these obstacles, just like in other traditionally male-dominated sectors.
One type of discrimination that encompasses gender harassment is sexual harassment.
In 2014 the percentage of women earning bachelor’s degrees in engineering, computer science, and physics was around 20 %, and at about the same level or just below for doctorate degrees in these fields. In mathematics and statics, the gender balance is slightly better at around 40- 42 % for bachelor’s and master’s degrees, but only 24 % for doctoral degrees. In the biological sciences, women have been earning bachelor’s degrees at or above the 50 % level since 1995, and since 1997 for doctoral degrees.
Sexual harassment
According to supreme court following are part of sexual harassment.
Physical contact.
A demand or request for sexual favors.
Sexually colored remarks.
Showing pornography.
Similarly;
Any other unwanted sexually suggestive behavior, whether it be verbal, physical, or nonverbal; examples include leering, making crude jokes, making sexual comments about someone’s body, etc.
In today society harassment can be done at different place such as school, hospital, home etc harasser can be of any gender male and female.
Sexual harassment includes a range of action from mild transgressions to sexual assault.
In today era sexual harassment is illegal. Sexual harassment does not prohibit simple teasing in eyes of law – that is due to fact that they do not impose a “general civility code’’.
Sexual harassment- sexual harassment, or unwelcome sexual advances, is defined by the United States equal employment opportunity commission (EEOC) as ‘‘any requests for sexual favors, and other verbal or physical harassment of a sexual nature’’. Prior to any incident within this area, every company should establish a zero-tolerance sexual harassment policy and post the policy to ensure that employees are aware that sexual harassment will be immediately inquire. Furthermore, employees should be made aware that assistance in sexual harassment inquire will not be subject to any form of revenge and all matters regarding the case will be kept confidential. Along with the definition listed above, the EEOC has two defined conditions of sexual harassment;
-quid pro quo harassment describes a claim that arises from a supervisor offering employment opportunities in return for sexual favors.
– rancorous environment harassment is a claim that arises from a supervisor creating or allowing a pattern of conduct pertaining to sex that causes an unpleasant or hostile work environment.
Investigation into any sexual harassment claims should follow the investigative process and include well-written reports and complete records, particularly if the investigation led to termination or the claimant files a sex discrimination.
When did cases related to sexual harassment at workplace came into light?
Sexual harassment is cancer which affecting to society for past few years. Following are few cases of supreme court related to sexual harassment.
Case of sexual harassment-
Rupan Deol Bajaj case –
Rupan Deol Bajaj vs KPS Gill – in this KPS Gill case, at the time DGP of Punjab police, was accused for molestation charges. On August 20, 1988 the HC of Punjab or Haryana upheld conviction of Gill under section 354(outraging the modesty of a woman) and section 509(gesture or act intended to insult a lady) in order to his action against Deol. Deol was at that time an officer of IAS related to Punjab carde. She filed a complaint against Gill, saying that he had tease her modesty by patting her block up during a party hosted on July 18,1988 at Chandigarh residence of then Punjab financial commissioner, S L Kapoor. Deol was at that time working as the special secretary, finance, as an IAS officer.
Rupan Bajaj husband Mr. B.R. Bajaj was a senior IAS officer of Punjab carde, had filed a complaint in the court of the CJM for the same offence, describe above against KPS gill and was party to the case.
SHIAMAK DAVAR
Shiamak Davar born on October 19, 1961 is an Indian choreographer. two Vancouver based former student of Shiamak Davar dance school for sexual harassment in Canada last year. Davar was accused by the two men of “grooming” them into “sexual submission” and “controlling” them via a spiritual organization.
Case- Vishaka vs state of Rajasthan
Sexual harassment landmark case
Bench of judges; CJI, Sujata vs Manohar, B.N. Kripal
Introduction- women of today society is self-dependent and though holding better position face harassment, imbalance at workplace. Sexual offence is serious offence if destroyed the reputation of social figure. Harassment at workplace is always been one of the most utmost subjects of women’s movement from long age. The security of women is the most important for entire country but the yet the scenario was completely destroyed after the incident which took place in year 1992 and popularly known as- Vishaka case. since the SC laid down guideline for sexual harassment of women at workplace.
Vishaka case facts-
(1) it all started yet the year 1985 when Bhanwari devi, was employed for state of Rajasthan for as social worker under a women’s development project, aiming to wipe out social evil of child marriages in villages.
(2) as a part of her work, she skilled work with the families to stop marriage and also reported cases to the police to when urgent follow up action was needed.
(3) In one particular case she tried to stop ram Karan Gujjar’s marriages albeit the marriage took place.
(4) so, to get revenge for the act done the family rebel against her and also subjected her to social boycott.
(5) on September 1992, to boycott her from the community she was gang raped by five person-ram such Gujjar, gyarsa gujjer, badri Gukkar, sharavan Sharma including ram Karan Infront of her husband while she was at her workplace.
(6) they went to police station for help but police were going to investigation and said to Bhanwari devi back to home and Bhanwari devi wants to sleep to police station but her request was rejected.
(7) the male doctor in primary health care in Jaipur refuse to examine her and only record her age and don’t write in his report for rape.
(8) misbehavior of police and Docter but she was insistent on the fight for justice so she lodged a complaint against the accused. However, in the absence of sufficient evidence the court had acquitted in trial court.
(9) this case provokes women’s group and NGO – Vishaka joins together with four other women’s organization to file a petition to the SC of India on issue of sexual harassment in workplace.
The result of SC judgment which came on august 13 1997, and give Vishaka guideline.
Vishaka guidelines (1997) –
The court laid down certain guideline with definition of human right in section 2(d) of the protection human right act 1993.
Duty of employer or other persons in workplace and other places.
The employer in work place and other places are responsible to prevent or deter the commission of act of sexual harassment.
No prejudice of any rights available under the protection human right act 1993.
Worker initiative: employee should be allowed to raised issue of sexual harassment at worker meeting.
Section and article related this case-
Article 14: equality before the law
Article 15: prohibition of discrimination on grounds of religion, cast, birth.
Article 19: right to practice one’s profession, or to carry on any occupation, trade.
Article 21: right to life and personal liberty.
What step the government took to crub sexual harassment from the public place?
The most emphatic weapon against sexual harassment is prevention. It does not disappear at its own. Actually, it is more likely that when the problem is not addressed, the harassment will worsen and become more difficult to remedy as time goes on.
The burden of clog of sexual harassment rest on the employer. In the countries like the USA, Canada and in some European union member states (EUMS), employers are responsible for providing their employees with the work environment that does not discriminate and is free of harassment.
Employers are, therefore, accepted by law to take steps to prevent and deal with harassment in the work place. If the employer has not taken or responsible steps to prevent and deal with harassment in the work [place, the employer may be liable for any harassment which does occur, further if unaware that the harassment was taking place. The USA, in a particular, has a well-articulate standard of employer liability for sexual harassment committed by an employ or employer.
Most successful and preventive strategies and plans on sexual harassment require the involvement of all those concerned and the clear statement of intent. The statement of intent should reflect a real commitment from all parties conacred to recognized to importance of the fight against sexual harassment in the work place. This is usually accompanied by the entablement of a written policy.
RESOLVE: –
Seek confidential advice to develop your personal resolution strategies.
Consider writing a letter to the harasser and one copy yourself.
Document all the incidents of sexual harassment. Be detailed, precise about the date, time, location and the persons involved in the harassment.
What is the current situation of sexual harassment at workplace in India
The current situation according to India is not yet solved. Sexual harassment is not solved yet properly in India. At workplaces women are not still secured 100%, because of the thinking of the Indian culture. Women are not still given that satisfactory position in the society.
Why are women in India so oftentimes blamed for being raped or sexually assaulted? Though victim-blaming defy reason, the notion that women provoke- or deserve – sexual assault is widespread. scouring range from ‘‘boys will be boys’’ to ‘‘jeans cause rape’’, but men themselves are rarely blamed.
A recent documentary by The Quaint explored social attitudes that normalize rape, presenting it as ‘‘consensual’’. What appears to be an oxymoron, points to a macabre explanation: beyond legitimacy, sexual assault takes on deeper, varied meaning based on social and cultural context. Oftentimes, justifying rape is only the
Tip of a larger ‘‘iceberg’’ of patriarchal attitudes. These are explored in several surveys designed by the look foundation and administered between 2014 and 2017 by the Centre for monitoring Indian Economy (CMIE) to between 72,384 and 168,165 respondents across India.
Attitudes towards violence: India’s attitudes towards women reflect unconcern and an acceptance of sexual harassment. The propensity to judge and police what women wear is inseparable from the standardization of sexual harassment: both reflect a broader pattern of social control over women bodies. We investigate this further through responses to the statement: ‘‘a husband has right to discipline his wife.’’ like trends swell.
Across India, only about a fifth of respondents disagreed with the statement; 60.5% said they flabbily or strongly agreed. Women, again, appear to active patriarchal norms. Perhaps, some women are loath to voice their views, while others might support the status quo. Prospects for gender equality appear bleak in any case.
Across income and education, men felt entitled to control women bodies, a propensity which extends to domestic violence, with over 20% of men surveyed admitting to raising a hand against their wives. Education and income, again, do not clearly decrease this propensity.
The flip side is apparent through responses to the statement ‘‘women should be protected by men,’’ supported by just under 80% of men and women. While maybe colored by the impression that women aren’t safe, pitiful sexism is still sexism. In fact, women aren’t safe due to a broad belief that society can police women clothing, harass them, and control over women is complex, dilation from what they wear, to their impendence in public spaces, to private experience, often reinforced by women themselves, and justified by concepts put in order from ‘‘honor’’ to ‘‘womanly’’ behavior.
What, if anything, can be done to ensure women safety?
Across India, 20% of people placed the load primarily on women. Thus honor- related violence is socially recognized-ironically, by stopping perpetrators’ violence. Though many respondents agreed sons should be raised to respect women, about 60% did not identify men behavior as the root cause of gender-based violence.
The police were held most responsible for ensuring women safety. They certainly have an important role to play; and could do a better job. However, a better solution may be to target gender norms that lead to such behavior in the first place. Education has a lot of power in families, schools, and society at large.
There needs to be a broad focus on gender sensitization that includes both adults and children.
Engaging young boys and challenging assumption about ‘‘what it means to be a man’’ is key. Even with these attempts, women still seem to bear the primary responsibility for their own safety, thus much work remains.
Dismantling gender stereotypes that support and legitimize gender-based violence is necessary to prevent sexual violence. It is only after that we can reshape social norms in a way that promotes gender parity and reduces violence.
CONCLUSION
Complaints of sexual harassment will likely continue to increase. People are becoming more aware that they have support when they are torture by such behavior, and employer are becoming more sensitive to their responsibilities. As a security officer, you are carrying out the management of the company’s orders. Finding out exactly what the firm wants from you in regards to sexual harassment might be beneficial. if you don’t know, ask!
Establishing a sexual harassment awareness training program
FAQS
Discuss with employees what constitutes sexual harassment and what behaviors could be consider to be sexual harassment.
Makes sure employees know that it is the law that the workplace be free of sexual harassment and that it will not be tolerated.
Encourage employees to feel safe and comfortable in reporting such incidents.
Instruct employees on proper channel to report incident of sexual harassment.
Lastly, spell out in writing specifically what the company policy and the law is regarding sexual harassment.
REFERENCE
1.DAWN E PAPER
2.LIVEMIN
3.THE NATIONAL ACADMIC PRESS
4.YOUTUBE
5.SCIENCE DIRECT
https://www.sciencedirect.com/topics/medicine-and-dentistry/sexual-harassment
