Author: Bhumika Gurjar, Department of Law, Prestige Institute of Management and Research
Introduction:
Sexual harassment is an unwelcome sexual advance that interferes with an individual’s work performance or produces an intimidating, hostile, abusive, or unpleasant working environment. It can take many forms, including physical, verbal, nonverbal, and visual. As a social problem, it leads to issues such as job loss, dignity, social status, and, in some cases, death.
Sexual harassment in the workplace includes making unwanted requests for sexual favours, making inappropriate and displeasing comments about someone’s body or appearance, saying inappropriate things, mocking someone of a specific gender and using gender-based slurs, and making vulgar, derogatory, or offensive jokes about sex or sexual acts. It also includes sending and sharing sexually explicit emails and messages, unwanted or inappropriate touching of any body part, hugging, kissing, leering, or making gestures that block someone’s movement, sending or sharing vulgar pictures or pornography, or attempting to create a hostile work environment.
The harasser’s opinion is immaterial when determining what constitutes sexual harassment. Only the individual being harassed knows what they think about the occurrence and whether they find it objectionable.
Sexual Harassment of Mens:
Crime against women has long been a major issue for everyone. The majority of sexual offences are committed against women. Several countries’ laws have passed various broad measures to deal with such horrible acts, but there is no such satisfactory law for men. The absence of such legislation for men does not preclude a specific sexual crime against men. Crime has no caste or gender limits, but it can take place against any man anywhere around the corner.
Sexual assault against a guy can occur anywhere, including public places such as schools, public transportation, colleges, or institutions, as well as private spaces. However, the majority of sexual assaults on men occur in the workplace, typically by coworkers or superiors.
They may be assaulted in a variety of ways, including requesting sexual favours, removing their clothes, touching their intimate areas without their permission, and much more. Another issue with sexual assault on men is that it can be perpetrated by both men and women.
Examples of male workplace sexual harassment
Workplace sexual harassment targeting males may involve perpetrators of any gender, and it can happen in several ways. Here are some common examples.
Unwelcome advances
Verbal harassment
Physical harassment
Unwanted attention
Suggestive messages
Insulting comments
Sexual favors
Current Scenario:
Sexual assault on a man is unquestionably a heinous crime, and the government must focus on this rising problem before it worsens. The scope of sexual importunity laws should be expanded, and an unchangeable law should be enacted to protect people’s rights.
Sexual immorality is a very real problem that has gone overlooked for a long time, but not anymore. We must all work together to prevent it from happening because it has a significant negative impact on the victim. As a result, make every effort to assist people who are victims of sexual exploitation and hold the criminal accountable.
If we declare that the crime is gender-neutral, the laws must also be gender-neutral. We live in a culture that treats men and women equally, but this balance should be represented in the laws as well. Laws must be enacted that are gender-neutral and not limited to a specific sector of society, but also emphasise fair treatment of people of all genders.
In a society where women are accorded special status but are still unwilling to complain, even when they have been sexually harassed, it takes a lot of courage and confidence for a guy to speak about it.
Laws That Protect Men from Sexual Harassment in India:
Section 377 of the IPC criminalises sodomy without consent. This statute recognises men as victims of rape. However, this clause is not applicable when the perpetrator is a woman.
The Protection of Children from Sexual Offences Act of 2012, which criminalises sexual harassment against anybody under the age of 18, is gender neutral in terms of perpetrator and victim.
The Criminal (Amendment) Act 2013, often known as the Nirbhaya Act, takes a gender-neutral approach to offences such as acid attacks and attempted acid attacks. Anyone, regardless of gender, can register a complaint under the acid attack and attempted acid attack sections.
The University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, a sexual harassment prevention law that applies to all colleges, universities, and deemed universities, is also gender-neutral.
Conclusion:
Thus, the primary difficulty with sexual harassment is that the victim might be of any gender, and each gender should feel protected by the laws, which can only be achieved by equal protection under the law. If the crime is gender-neutral, then the laws must also be. If we live in a culture that treats men and women equally, the laws should reflect that balance. Laws must be developed that are gender-neutral and not confined to only one part of society, emphasising the equal treatment of people of any gender. In a world where women are still afraid to report sexual harassment, it takes a lot of guts for a man to speak up; thus, he should feel as comfortable coming out and complaining and objecting to the concerns without fear of being ignored. However, their difficulties are overlooked because people believe that men are strong and capable of dealing with them. They are expected to take these situations in a light-hearted manner and not feel uncomfortable. In fact, there is now no law to prosecute someone for molesting or sexually harassing a man, nor is there a venue where they may discuss it safely.
As a result, regulations must be enacted to ensure that men and women are treated equally, as everyone, regardless of gender, has the right to live free of harassment. We need to create an environment that eliminates gender prejudice. This can only be feasible if we recognise that women are not the sole victims of sexual assault, and males are allowed equal rights and remedies. While India passed the Sexual Harassment of Women at Workplace Act, 2013, which recognised sexual harassment in the workplace for women eight years ago, India needs to realise the ambiguity in the law and alter the Act to include harassment of men. The constitution must offer effective protection for all people who are susceptible to sexual assault. The societal stigmas associated with this need to be broken, and awareness must be raised, which can only happen if a person who has been sexually abused reports it. To break the societal stigmas associated with men, they must also speak up, come forward, and complain. However, this is a two-way street, and we as a community must first understand that males can also be victims of sexual assault.
FAQS:
What Can Men Do About Sexual Harassment in the Workplace?
Some organisations will have a gender-neutral Prevention of Sexual Harassment (POSH) Policy, which accepts complaints from anyone. In such organisations, males can report incidents of sexual harassment and file complaints with the Human Resources department, which will investigate the matter as a breach of the organization’s Code of Conduct policy. While this is not the same as legal action, it is a step towards putting an end to their situation.
What Can Organisations Do to Prevent Sexual Harassment of Men?
Organisations might start by making their Prevention of Sexual Harassment (POSH) Policies gender-neutral. In this manner, anyone who has experienced sexual harassment at work can file a complaint. Organisations with a gender-neutral POSH policy can use their Code of Conduct policy to address complaints from employees of different genders.
Another successful strategy for preventing sexual harassment against men is to raise awareness and sensitise people. Conduct periodic trainings that address sexual harassment as a crime against all persons, not just women. Use the training to deliver a clear message that sexual harassment will not be allowed, regardless of the gender or classification of the victim and perpetrator.
Why do most of the complaints go unregistered?
Apart from the lack of gender-neutral laws, most cases of sexual harassment against men inside and outside the workplace go unreported because of two reasons:
Social stigma and fear of humiliation
Lack of awareness
