Research shows that the modern workplaces including health care establishments are still prone to sexual harassment. This article discusses complaints of sexual harassment cases in hospitals and health establishments. It is a global issue that still exists and is increasingly prevalent in the health establishments. Number of sexual harassment cases in the workplace came into light when global #MeToo movement burst out in October 2017. A domestic worker told Human Rights Watch that sexual harassment in the workplace has become so normal that everyone thinks harassment is trivial.

What Is Sexual Harassment At Workplace?

Sexual harassment is an act related to unwanted, impolite, and unpleasant sexual matters. Sexual harassment is also defined as behavior related to sex that is considered by the victim to be something that offends, exceeds their power, and interferes with their well-being. Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 reads as, "sexual harassment" includes unwelcome acts or behavior (whether directly or by implication) by physical contact and advances; or a demand or request for sexual favours; or making sexually coloured remarks; or showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Furthermore, the Act of 2013 is applicable to hospitals or nursing homes as provided in Section 2(o)(iii). Chapter II Section 4 of the Act provides the constitution of Internal Complaints Committee to investigate complaint of sexual harassment. in the case of Global Health Private Limited & Ors. V. Local Complaint Committee the court held that if there is any failure in constituting the Internal Committee by a hospital then a penalty of 50,000 rupees shall be imposed on the hospital.

Milestones In The Prevention Of Sexual Harassment At The Workplace

The Constitution of India part III of the constitution explicitly maintain and protect gender equality. The Constitution impose duty on the state to take necessary measures to protect the rights of women section in the society. Art 14, Art15, Art 21, Art 39, Art 51A ensure equality, prohibits discrimination, liberty and protects dignity of women.

The Convention on Elimination of all forms of discrimination against women (CCEDAW), 1993 United Nation's Convention on Elimination of all forms of discrimination against women adopted in 1979 and ratified by India in 1993. All the rectifying states must abolish all discriminatory laws.

The Vishakha Judgement it was a watershed judgment where the Supreme Court for the first time acknowledged the legislative scantiness and resulted in framing the guidelines which filled a legal vacuum, popularly referred as Vishakha guidelines.

The Indian Penal Code, 1860 various Section of the Indian Penal code criminalize the sexual harassment. Section 354 (outraging the modesty of a woman), Section 354-A (sexual harassment by a man), Section 354-B (assault or use of criminal force to woman with intent to disrobe), Section 354-C (voyeurism) and Section 354-D (Stalking).

The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation 2002 Chapter 7 of the Regulation concerned with conduct of the medical professional.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 this Act came into force in 2013 which aims to protect women from sexual harassment at their workplace. This Act covers students in schools and colleges as well as patients in hospitals and employers.

Despite such a mechanism in place, there are number of cases regarding the sexual harassment at workplace. International NGO Population Council carried out a study where it came into light that 77 of the 135 women doctors and nurses, who are working in hospitals in Kolkata are victims of sexual harassment.

As per the study, many of them did not complain because of the fear of being blamed for provoking sexual harassment. An example of silent crisis in the India's sexual harassment law, in 2019, a nurse who complained to the Delhi Commission for Women regarding the Internal Committee, that failed to help her as the accused was their supervisor and the committee in its report said she did not have suffice evidence to prove her case. There are cases where patients become perpetrators likewise is a case of a Mayo Clinic cardiologist Sharonne N. Hayes, she remembers male patients making comments like, "you're too beautiful to be a doctor".

And Kali Cyrus, where a male patient grabbed her inappropriately during physical examination. As per Medscape Survey of 2018, it was reported that 27% of physicians became the victims of sexual harassment by their patients. Researchers in the New England Journal of Medicine in 1993, reported that 75% of female doctors were harassed by their patients. A team of psychiatrists at Yale School of Medicine developed the framework ERASE (Except, Recognize, Address, Support & Establish) which consists of five strategies. This strategy will overcome the hurdles that fend off physicians from defending properly.

Other Incidents of Sexual Harassment in The Health Sector

• In Mumbai's Nanavati Max Super Specialty Hospital sexual harassment case, where the resident doctor alleged sexual harassment by a colleague. In fact, she was threatened by the hospital's HR head with repercussions if she did not withdraw the complaint filed by her.
• Hamidia Hospital in Madhya Pradesh incident where 50 nurses from the hospital charged Dr. Deepak Maravi for sexual harassment.
• In December 2023, a complaint was filed by three female employees in a Delhi hospital against a manager and supervisor. Both the manager and supervisor were sexually harassing and threatening them as per the complaint.
• During the period of the pandemic, when people were battling to get healthcare service, a Covid female patient was sexually harassed by an ambulance staff. One of the most formidable cases, where a 25-year-old female Covid patient became a victim of sexual harassment for two days by the attending physician.
   

Now Or Never; Measures to Be Taken

• Awareness Programmes: Section 19 (c) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides that every employer shall organize awareness programs and workshops.
• Proper Establishment of ICC: There should be proper establishment of an internal complaints committee by the employer of the workplace as provided in Section 4 (1) of the 2013 Act.
• Improvement in Policies & Data Publication: Mayo Clinic's toolkit and Georgetown's Stop, Talk and Roll (STR) campaign policies are breaking new grounds for patients, victims, and witnesses.
• Overhaul in the Culture: There is a need to bring change in the culture. In the words of Cyrus, "We are still living in a sexist culture, so misbehavior is not going to go away."

Conclusion
The Act of 2013 should be properly and effectively implemented, and some amendments should be made to make it gender-neutral. This would result in the protection of rights of all individuals, regardless of their gender.

The Government should take more initiatives like SHe-Box, which safeguards women from workplace harassment. Additionally, the Government should launch awareness campaigns to educate citizens about the importance of gender equality and to challenge patriarchal norms.

Furthermore, each citizen should respect the true spirit of the Constitution, which ensures equality before the law.

Also Read:

• Frivolous Complaints under the Sexual Harassment Act