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Women’s Security At Workplace

"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:
  1. Article 39A: Equal justice and Free legal aid
  2. Article 41: Labour rights, education, and public assistance in some cases
  3. Article 42: Provides for fair and humane working conditions and maternity allowances
  4. 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:
  1. Fareha Naaz, Kolkata doctor rape-murder case, LIVEMINT (15 Sep, 2024), https://search.app/wdvAyi5VA5xsLVpA8
  2. AIR 1997 SUPREME COURT 3011
  3. India Const. art. 14, 19, 21 15(1)& (3)
  4. The Indian Penal Code, 1860, S 354A, No. 45, Acts of Parliament, 1860, (India)
  5. India Const. art. 14
  6. India Const. art. 15, cl.1, cl.2
  7. India Const. art. 16, cl. 2
  8. India Const. art. 19(1), cl.(g)
  9. India Const. art. 21
  10. India Const. Part IV
  11. The Bharatiya Nyaya Sanhita, 2023, S 74, No. 45, Acts of Parliament, 2023, (India)
  12. The Bharatiya Nyaya Sanhita, 2023, S 75, No. 45, Acts of Parliament, 2023, (India)
  13. The Bharatiya Nyaya Sanhita, 2023, S 76, No. 45, Acts of Parliament, 2023, (India)
  14. The Bharatiya Nyaya Sanhita, 2023, S 77, No. 45, Acts of Parliament, 2023, (India)
  15. The Bharatiya Nyaya Sanhita, 2023, S 78, No. 45, Acts of Parliament, 2023, (India)
  16. The Bharatiya Nyaya Sanhita, 2023, S 79, No. 45, Acts of Parliament, 2023, (India)
  17. The Equal Remuneration Act, 1976, Act No. 25 of Parliament, 1976 (India)
  18. The Indecent Representation of Women (Prohibition) Act, 1986, No. 60 of Parliament, 1986 (India)
  19. The Factories Act, 1948, S 19, Act No. 63 of Parliament, 1948 (India)
  20. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of Parliament, 2013 (India)
  21. Aironline 2018 Del 1334
  22. Criminal Misc. Writ Petition No. - 5114 of 2022
  23. The Industrial Disputes Act, 1947, No. 14 of Parliament 1947 (India)
  24. The Information Technology (Amendment) Act, 2008, No. 10 of Parliament, 2009 (India)
  25. THE HAWK, www.thehawk.in
  26. 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.
 

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