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Sexual Harassment against Woman

Sexual Harassment against Woman

women, sexual harassment, rape,

By: MD. SHAKEEB SAYEM for Maeeshat

“Man should learn to give place to woman and a country or community in which women are not honored cannot be considered as civilized” – Mahatma Gandhi on women. All prime religions of the world have given due respect to women. But still women face a lot of discrimination in society, oriental or western. The problem lies in our social narratives. That’s why country and society takes the project of ‘women empowerment’. Women empowerment is nothing but creation of an environment where women can make decisions of their own. It means improvement of socio-economic, political status of women in society that will ultimately makes them conscious of her ‘self’.

One of major hurdle in the way of ‘women empowerment’ is the menace of ‘sexual harassment against women’. Though the concept of sexual harassment is a relatively new one dating from 1970s onwards, the term came into prominence in Anita Hill case in 1991 in USA. This case encouraged other women to come forward with their own tale of sexual of harassment that ultimately lead to 58 % increased in US and Canada.

What is Sexual harassment? It is “unwelcome sexual behavior whether directly or indirectly as sexually colored remarks; physical contact and advances”. Sexual Harassment deprives women from active social and economic participation. It put them under tremendous stress. Sexual harassment infringes the fundamental rights of a woman to gender equality under article 14 and her right to life and live with dignity under Articles 21.

Supreme Court of India in a Public Interest Litigation defined sexual harassment at workplace, preventive measures and redress mechanisms. The judgment is popularly known as Vishakha Judgment. Though the Government of India had ratified ‘Convention on the Elimination of all forms of Discrimination Against Woman’ on 25th June 1993, it took Government almost 20 years to wake up and come out with a law to protect from sexual harassment at workplace. The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act 2013 came into from with effect from December 9, 2013.

The Act made it mandatory for all offices with 10 or more employees to have an internal complaint committee to address grievances in a fixed time. Such cases need to be disposed of within 90 days, non-compliance of which may lead to cancellation or registration of the organization.

The making of law to deal with a problem is the first step in recognition of a problem. It’s a social evil too. Due to unequal power distribution in patriarchal society, women are not encouraged to come forward to lodge complaint against the harasser. This leads to under reportage of such cases. According to Union Minister Maneka Gandhi, there were only 526 cases of sexual harassment at work places in 2014. 57 cases were repeated at office premises and 469 cases were registered at other places relating to work during 2014.

Another problem in such cases is lack of data. There is no centralized mechanism to collect such data. In 1992 a new category of ‘crimes against woman’ was coined. National Crime Record Bureau (NCRB) has started collecting data under insult to the modesty of women at office premises and other place related to work since 2014.

According to survey (study by the Commonwealth Human Rights Initiative) 1 in every 11 incident of crime in Delhi was of sexual harassment, while in Mumbai, the ratio was 1 in every 25. In Delhi 24% of the female respondents said they did not want to be stuck in police matters, while in Mumbai 6% responded said so.

What’s it solution? It solution lies at multiple fronts. We should begin gender sensitization from our home. We should treat our sons and daughters equally. We should strive to create an environment of equality home. Government should organize workshop, seminars on such issues. There should be speedy trials in such cases. Our police stations should be equally staffed with women officers so that it encourages women to lodge their report in a hassle free manner.