Sexual Harassment at Workplace

Sexual Harassment at Workplace

FPJ BureauUpdated: Saturday, June 01, 2019, 06:39 AM IST
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The book contains chapters dedicated to the definition and extent of the problem, national as well as international scenario, important judgments and recent cases, along with the policy formulation issues.

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Sexual Harassment at Workplace
Ritu Gupta
Publisher: LexisNexis
Pages: 305; Price: Rs 325

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The author of this book, Dr. Ritu Gupta works as Associate Professor in National Law University, New Delhi. Her name is familiar to students of law through her book “Law of Contract”. She has taught law with distinction at several institutions. She is a Member of “The Sexual Harassment Committee”, Prasar Bharti, New Delhi.

The “Nirbhaya” case rocked the Indian sub-continent and Justice J.S. Verma’s authoritative report spelt out the parameters to protect women. One crucial segment is that of the sexual harassment Indian women face at workplace. We have a separate enactment for that — “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.

This subject is one of the current and extremely sensitive issues touching the very fabric of our social system. Rita Gupta has rigorously analysed the definition, causes, extent and effects of the evil of sexual harassment at workplace. She has dwelt in great detail on the existing legal framework in our country and examined the provisions available in America and England. The most laudable part of this volume is that it makes available every major judgement of our High Courts and the Supreme Court as also current cases that captured public attention in the recent past.

As pointed out in her Foreword by Vice-Chancellor Prof. P. Saxena, “The present work speaks volumes of the extensive research and study made by Rita Gupta. References have been made to various statutory enactments that have a direct bearing on the subject, evoking a stimulating thought process, compelling the reader to further explore the intricacies involved with the issue.”

Sexual harassment at the workplace has assumed alarming proportions globally. In a male-dominated world a veil has been attempted to be drawn on all such acts of a reprehensible nature. It is a patent fact that its ominous presence can be felt in almost every workplace where women have stepped in. Be it organized, unorganized, public or

private, service or professional no sector is free from this threat.

Sexual harassment is not merely verbal comments, inappropriate touching or sexual assault. It takes a hundred forms. It includes derogatory looks, gesture, indecent proposals, writings or display of sexually graphic pictures, SMS or MMS, comments about one’s dressing sense, body or behaviour and any other unwelcome or objectionable or inappropriate conduct. Justice Verma Committee Report has graphically portrayed how sexual assault degenerates to its gravest form of rape

beginning with uncontrolled sexual harassment in milder forms, which remain uncontrolled.

The introductory chapter is a clear assessment of the problem. Sexual harassment is a behaviour with a sexual connotation that is abusive, injurious and unwelcome. It is improper use of power to extort sexual gratification and consists of misperception or misunderstanding of a person’s intentions. “Oxfam India” found that 17 per cent of working women have experienced sexual harassment at workplace.

Till Vishaka, neither civil nor penal laws in India imposed any obligation on the employer or persons –in-charge of the workplace to protect the female employees from sexual harassment. For the first time in judicial history, the Court recognized sexual harassment at workplace as a recurring phenomenon. The Supreme Court took initiative to define it in a formal legal manner in “Vishaka Vs State of Rajasthan”.  The Vishaka Guidelines are provided in this volume.

Keeping pace with the changed work culture and in its quest to provide safe and protective work-environment to our women, the Supreme Court held that even an attempt to molest would amount to sexual harassment and that outrageous behaviour of the employee is sufficient enough to constitute sexual harassment and actual assault or touch is not necessary to prove it.

All of us are familiar with the recent “Tehelka” case where the high and the mighty tumbled and stumbled. The book provides details of this infamous case as also that of the redoubtable Justice A.K. Ganguli. “The Roopan Deol Bajaj and K P S Gill” and “Nalini Netto and Nadar” cases and many more are also covered by the author.

Two chapters analyse the legal framework in India— constitutional, criminal, labour and other laws and also of the “Sexual Harassment of Women in Workplace (Prevention, Prohibition and Redressal Act, 2013.” The International scenario has also been captured in depth. The author has given guidance on

the Procedure to conduct an enquiry.

This book is a signal and

significant contribution to

a subject of paramount importance and is a “must” for every office. It is of great use to lawyers, judges, working women and sociologists.

P.P. Ramachandran

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