"
There is no hope for welfare of that country where there is no estimation of
women, where they live in sadness." -- Swami Vivekananda
In earlier times when women were depicted with due respect as goddesses but with
changes in society women face a lot in their daily matters to earn a living. The
question of Safety and security of women at workplace again got the attention of
entire nation after the brutal rape and murder case of a 31-year-old female
medical student of RG Kar Medical College, Kolkata who was on duty was found
dead in semi naked condition in the hall of medical college. No FIR was even
filed for 14 hours, which brought into headlines the inability of present
statutes to prevent such heinous incidents against women.[1]
Several doctors and others took to the streets in Kolkata demanding justice for
the female doctor. There was an unnecessary delay of two days in seizing the
clothes and belongings of prime suspect Sanjay Roy. Even the principal of the
college downplayed the doctor's rape as suicide to her family members. As
rightly remarked by a doctor "Her death has left us all shocked but the
mishandling of justice has enraged us."
This article aims to critically examine the challenges faced by working women
and present statutes dealing with protection of women at their workplace.
Introduction
What is women's security: "It is a situation in which every girl, young
and elderly woman feels safe without any fear of physical, psychological or
material harm to them". No study of a society is complete without getting a
glimpse of the status and position of its women. Women in ancient times enjoyed
a privileged position in society and later this position of women started
deteriorating due to the growing patriarchal norms of society. Our Indian
society has been based on the saying that women's cause is men; they either rise
together or sink together. But the status of women has never been static as
there has been a great revolution in the roles a woman plays today.
Nowadays, we can see women in every phase of society from raising their voice
against evil in the courts to being heard in the Parliament and even holding
high positions as CEOs and managers etc in major companies of the country. This
new era has even witnessed women getting on streets for enforcement of their
rights. Women in India had to fight a long battle for over a century to get
their basic human rights like Right to vote, right to education etc. but the
Constitution of India always played a brighter role by giving women equal rights
with the men of the country from its very commencement.
Objective Of Study
The present article aims to study:
- The security of women at workplace
- To investigate whether the women still face threat to their basic human rights
- To critically analyse laws dealing with women's safety and its effect in
preventing offences against women at their workplaces.
This article also intends to provide awareness into problems faced by women in
their day-to-day social life. This study will help us to imagine the grievances
of women in their daily matters.
Issues Faced By Women At Workplace
Sexual Harassment Of Women At Workplace
Meaning Of Sexual Harassment:
An uninvited sexual gesture from one gender
towards the other gender. It can be determined from the following acts in India
like - Eve teasing, passing inappropriate comments, uninvited touching, making
appeals or gestures for sex, sending inexplicit sexual texts etc. It not only
violates a woman's dignity but also the right to equality and right to life and
personal liberty.
When talking about workplace safety of women the Landmark case of
Vishaka And
Others V State Of Rajasthan (1997)[2] is of primary importance. This case was in
adherence to the various constitutional rights including Article 14,19,21 and
15(1) & (3) of the Indian Constitution.[3]
At that time there was no law relating to sexual harassment of women at
workplace. The need for strict law dealing with sexual harassment was felt for
the first time by the Supreme court in this case.
Facts of the case - In this case a woman named Bhavari devi was gang raped in
1992 while she was trying to stop a child marriage. She was a social activist
and was on a duty in a particular village in Rajasthan to stop child marriage.
She tried to stop the marriage of a one-year-old but she failed to stop the
same. In order to take revenge from her five men of that family brutally raped
her as she was interfering that marriage and was further boycotted by that
village on the remark that she was from lower caste.
Then she filed the case in the session court but due to lack of evidence all
five accused were acquitted in 1995. Further a PIL was filed in the Supreme
Court against the state and central government to enforce the Fundamental Right
of working women under Articles 14,19 and 21 of the Constitution of India. At
that time definition of sexual harassment and rape was not properly codified.
In this case Supreme Court referred all the laws which were present at that time
dealing with sexual harassment and sought international references. This
judgement relied upon international conventions and laws. The court made
observations that there are major loopholes in the definition of sexual
harassment and rape because of which the accused were taking defences and got
acquitted by the session court which was causing injustice to the aggrieved
women. In this case Supreme Court for the first time gave a proper and complete
definition of sexual harassment. Supreme Court in conclusion of this case gave
some guidelines for the protection of women from sexual harassment at work place
which came to be known as
Vishaka Guidelines.
After this case, Section 354A in IPC[4] was also incorporated in the year 2013
which provides punishment for sexual harassment of women at workplace. It was
one such case in which Supreme Court acted as Legislature and gave the
definition of sexual harassment for the very first time and laid down the
Vishakha guidelines which came in the year 1997 to safeguard women at their
workplaces but sadly it took more than 20 years for Parliament to come with a
proper act dealing with sexual harassment of women at workplace.
Indian Legislative Approach Towards Protection Of Women At Workplace
The Constitution of India 1950:
The preamble of the Constitution ensures
equality of status but acts like sexual harassment of women at workplace
violates Article 14 ,15 ,16 ,19 and 21 of the Constitution. Article 14 which
provides for equality before law and equal protection of law and prohibits
gender-based discrimination.[5]
Article 15(1) states that the state shall not discriminate on the basis of race,
caste, religion, gender or place of birth. And further Article 15(3) states that
"there is nothing in this article that prevents the state from making special
arrangements for women and children." This provides a woman with a special
arrangement or position.[6]
Article 16(2) prohibits sex discrimination in public services. "Sexual
harassment which creates an abusive environment for members of a certain gender,
is a very arbitrary obstacle towards sexual equality in the workplace." A woman
is required to be sexually harassed in exchange for a privileged position at the
workplace or for earning a living can be the most disturbing act humanity can
ever imagine.[7]
Article 19(1)(g) guarantees the right of every individual to "practice any
profession or carry on any occupation, trade or business ". Women have a
fundamental right to work wherever she want but certain disgusting acts towards
women act as a deterrent and prevent them from exercising their rights.[8]
Article 21 which provides for "right to life and personal liberty ", Sexual
harassment and rape incidents at workplace violate a woman's right under Article
21 as well. Women have a right to work in a safe environment which she deserves
under the Constitution but some evil acts against women have curtailed these
rights.[9]
Further Part IV[10] of the Constitution also provides certain principles for the
state to keep in mind when developing policies for women:
- Article 39A: Equal justice and Free legal aid
- Article 41: Labour rights, education, and public assistance in some cases
- Article 42: Provides for fair and humane working conditions and maternity allowances
- Article 43: Provides for worker's living wages and decent standard of living
These directive principles of the state policies must be kept in mind while
making, enforcing or interpreting the law.
Article 51A which provides for fundamental duty to renounce practices derogatory
to the dignity of women.
The Indian Penal Code 1860 now being replaced by The Bharatiya Nyay Sanhita (BNS)
2023:
- Section 74: Under this section, whoever assaults or uses criminal force to any woman, intending to outrage her modesty, shall be punished with imprisonment of either description for a term not less than one year but which may extend to five years as well as fine. [11]
- Section 75: This section specifically provides for the definition of sexual harassment and also provides punishment for the said offence, which may range from imprisonment of one year to three years and also fine. [12]
- Section 76: Whoever assaults or uses criminal force to any woman or abets such an act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment for not less than three years but which may extend to seven years and fine. [13]
- Section 77: Voyeurism Whoever watches, captures the images of a woman engaged in a private act where she would usually have the expectation of not being observed by any person disseminating such an image shall be punished on first conviction with imprisonment of either description for a term not less than one year but which may extend to three years and fine. On a subsequent conviction, with imprisonment not less than three years but which may extend to seven years and fine. [14]
- Section 78: This section provides punishment for the act of stalking a woman with imprisonment up to three years and fine, and on second conviction, with imprisonment up to five years and fine. [15]
- Section 79: This section punishes whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object in any form, with an intention of being heard or seen, by such woman or intrudes into the privacy of such woman, shall be punished with simple imprisonment up to three years and fine. [16]
The Equal Remuneration Act, 1976:
This act ensures eliminating discrimination
against women in determining their wages, promotions and transfer and also
ensures equal pay for equal work irrespective of gender and paying wages solely
on the basis of work done by employees. [17]
The Indecent Representation of Women (Prohibition) Act ,1986:
This act provides
for protecting a woman from harassment by an individual through books,
photographs, paintings, films, pamphlets or packages as such act is punishable
with a minimum sentence of two years. Companies also fall under the ambit of
this act under section 7 and two years of imprisonment can be imposed on the
accused.[18]
The Factories Act, 1948: Section 19 of this act has provisions for separate
latrines and urinals for both men and women. Further section 66 of the act
prohibits women workers from working in factories except between the hours of
6:00 AM and 7:00 PM and no woman can work between 10:00 PM and 5:00 AM and under
this act no women is even allowed to work in a factory for more than 9 hours a
day. This law helps to ensure protection for women working in factories.[19]
Sexual harassment of women at workplace (Prohibition, prevention and Redressal)
Act, 2013: This act aims to prevent and address incidents of sexual harassment
of women at their workplace by giving a clear definition of the act of sexual
harassment which means unwelcome acts or behaviour that create an intimidating
work environment. Before this act there was no proper law dealing with sexual
harassment of women at workplace but with the Criminal law (Amendment) Act of
2013 the importance of creating a gender-neutral environment was felt and a need
for safe and free working conditions for women demonstrated under article
14,15,19(1)(g) and 21 of Indian Constitution.[20]
In the case of
Poornima Advani vs. Union of India,[21] it was held that The POSH
Act applies to government organisations as well and the government must ensure
that all its offices and workplaces have Internal Complaints Committees to
address complaints of sexual harassment.
The case of
Vinita Srivastava vs. Sahara Real Estate Corporation Ltd.[22] held
that there is a need for employers to adopt a zero tolerance policy towards
sexual harassment of women at workplace and it is employer's duty to take
effective steps to prevent and address all such incidents.
The Industrial Dispute Act of 1947: The act has provision for women employees to
sue employers in tribunal for wrongful dismissal due to non-compliance with
employer's demands to do sexual favour.[23]
The Information Technology (Amendment) Act, 2008 is an important legislation to
protect women from sexual harassment at workplace.
Despite these legislations to protect women at workplace, sexual harassment and
other indecent acts at work with women is still very common in India and
securing a safe working environment for women is extremely important.[24]
Rape with women at their workplaces
Rape is an unlawful sexual intercourse with a woman against her will, without
her consent, by coercion, misrepresentation or fraud or at a time when she has
been intoxicated or is of unsound mind and if she is below 18 years of age.
Rape is the most heinous crime humanity can ever imagine. Rape completely
destroys a woman's mental, physical and emotional health. More than thirteen
thousand women are being raped every year on their jobs. Women working in
various sectors are always in a fear of reaching home safely after work. Rape in
the workplace is usually a story of shifting the blames and burden on the
aggrieved woman victim.
In the recent
RG Kar Rape murder case which sparkled nation-wide protests, in
this case on 9th august 2024, a second-year medical student was allegedly raped
and was found dead in RG kar Medical College and Hospital. This inhumane act
shook the entire country and which again made everyone question the inability of
the existing laws to prevent such acts against women even after more than 75
years of independence. In Kolkata state, women doctors are often forced to work
more than 36 hours in unsafe working conditions which results in such heinous
crimes.
A female sanitation worker named Nisha, while expressing her sentiments and fear
about the workplace safety of women workers after the horrific incident of
Kolkata Rape and murder that," What happened in the Kolkata hospital could
happen anywhere."[25]
Even after working so hard to earn their living, women in our country still
don't feel secure.
Such acts of violence against women led to great impacts on
the lives of women as well as economy as a whole in a lot of ways:
- Impact on women's physical and mental health: Violence against women has a major impact on their mental and physical well-being, including premature death, depression, anxiety, suicidal ideation, physical injuries, and low self-esteem.
- Impact on women's workforce participation:
There is still a lack of awareness among employers to check on women being affected by male violence, which is a very serious issue to be addressed to encourage women's participation in the workforce of our country.
Women who have ever experienced violence in any of the stated forms:
- Stalking
- Harassment
- Physical assault and threats
- Sexual assault
Tend to not continue their participation in employment.
Reasons Behind Lack Of Women Safety In India
- Cultural stigmas in society: Majority of women fear reporting the incidents of rape and sexual harassment due to societal judgments, which happens because of cultural stigmas regarding such violence against women.
- Lack of Awareness and Education: A large section of women in our society are still not able to get basic education, which creates unawareness among them regarding their rights and protections provided under various laws like the Prevention of Sexual Harassment Act.
- Prevalence of patriarchy: There is a strong prevalence of preferring to have a male child over a female child in India, which portrays men as superior and normalizes violence against women.
- Inadequate safety measures in public places: Lack of safe means of public transportation, lack of CCTV installation at public places, etc., leads to increased vulnerability of women. For example, the Nirbhaya Rape Case that happened in a public bus.
All these reasons contribute towards such violent acts against women. [26]
Discussions
The major loopholes of our country's legal system are; Firstly, the manner in
which such cases of violence against women are disposed of
And secondly, the inadequate punishments that failed to fulfil the very purpose
of punishment i.e., to act as deterrent or to create a safe working environment
for women.
Women in our country can work freely only with a free and contributing
environment where women are treated with respect and equality as men which is
the very need of present times to create a safe working environment for women to
help them become truly independent because even after being independent for so
many years if a woman can't walk freely on the streets are we truly Independent?
Our country's one of the most spoken slogans like "
Beti bachao , Beti padhao ,"
seems a distant dream in reality because in reality ,women who work so hard in
their studies to get a job are still not feeling safe because women workers are
not protected or given respect. The government is responsible for the safety and
protection of every citizen and therefore it is government's responsibility not
to overlook deaths of so many women due to violence and start to invest in
preventing such violence against women.
Conclusion
In order to uplift the women of our society it is very important to create a
free and safe environment for women as provided under fundamental rights. There
should be equal and fair opportunity to work and earn a living for women which
can only be achieved by a strong legal framework with strict punishments for
rape, sexual harassment and other violent acts against women at workplace. Women
are forced to meet unreasonable and baseless demands of their male employers to
gain promotions and other benefits in their employment.
The harassment of women not only harms their lives but also undermines their
ability to excel in their work field.
The legal framework should be such that it ensures timely justice and acts as a
strong deterrent so that no man can ever think of doing any evil act against a
woman.
In conclusion, to ensure fair treatment for women at their workplaces , this is
the time for women to be fully up-to-date with their rights.
End Notes:
- Fareha Naaz, Kolkata doctor rape-murder case, LIVEMINT (15 Sep, 2024), https://search.app/wdvAyi5VA5xsLVpA8
- AIR 1997 SUPREME COURT 3011
- India Const. art. 14, 19, 21 15(1)& (3)
- The Indian Penal Code, 1860, S 354A, No. 45, Acts of Parliament, 1860, (India)
- India Const. art. 14
- India Const. art. 15, cl.1, cl.2
- India Const. art. 16, cl. 2
- India Const. art. 19(1), cl.(g)
- India Const. art. 21
- India Const. Part IV
- The Bharatiya Nyaya Sanhita, 2023, S 74, No. 45, Acts of Parliament, 2023, (India)
- The Bharatiya Nyaya Sanhita, 2023, S 75, No. 45, Acts of Parliament, 2023, (India)
- The Bharatiya Nyaya Sanhita, 2023, S 76, No. 45, Acts of Parliament, 2023, (India)
- The Bharatiya Nyaya Sanhita, 2023, S 77, No. 45, Acts of Parliament, 2023, (India)
- The Bharatiya Nyaya Sanhita, 2023, S 78, No. 45, Acts of Parliament, 2023, (India)
- The Bharatiya Nyaya Sanhita, 2023, S 79, No. 45, Acts of Parliament, 2023, (India)
- The Equal Remuneration Act, 1976, Act No. 25 of Parliament, 1976 (India)
- The Indecent Representation of Women (Prohibition) Act, 1986, No. 60 of Parliament, 1986 (India)
- The Factories Act, 1948, S 19, Act No. 63 of Parliament, 1948 (India)
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of Parliament, 2013 (India)
- Aironline 2018 Del 1334
- Criminal Misc. Writ Petition No. - 5114 of 2022
- The Industrial Disputes Act, 1947, No. 14 of Parliament 1947 (India)
- The Information Technology (Amendment) Act, 2008, No. 10 of Parliament, 2009 (India)
- THE HAWK, www.thehawk.in
- Prashant Shekhar, Women Safety in India- Challenges and way forward - Explained Pointwise, FORUMIAS (August 16, 2024), https://forumias.com/blog/women-safety-in-india-significance-and-challenges-explained-pointwise/
Written By: Nikita Sharma, 4th year BA-LLB Student at Mohanlal Sukhadia University College of Law, Udaipur.
Also Read:
Please Drop Your Comments