Page 12 - PR Communication Age - JULY 2016

the offender. The rest just ignore him or worse, feel
embarrassed or ashamed of them.
g. Most women do not consider catcalls or lewd com­
ments as sexual harassment, but an "unfortunate
drawback" of being a woman.
Sexual assault charges against former 'Tehelka' editor, Tarun
Tejpal, has yet again brought to the fore the need for or­
ganizations to abide by regulations/ laws and respond
swiftly to the situation. In this case, however, the organi­
zation in question did not even have a committee to probe
into such matters as stipulated by the law.
It was in 1997 when the Supreme Court of India laid down
formal guidelines for dealing with sexual harassment at the
workplace following the gang rape of a social worker,
Bhanwari Devi from Bhateri in Rajasthan. According to
reports, despite a long legal battle that ensued, Bhanwari
Devi did not get justice and led to women's rights group ­
Vishakha ­ filing Public Interest Litigation (PIL) in the Supreme Indian companies and 25% among MNCs are not compliant
Court. The petition, filed by the women's right group
Vishaka and four other women's organizations in Rajasthan
against the State of Rajasthan and the Union of India, re­
sulted in what are popularly known as the 'Vishaka Guide­
lines'.
What Constitutes Sexual Harassment?
The Vishakha guidelines define sexual harassment includ­
ing unwelcome sexually determined behaviour (whether
directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non­verbal
conduct of sexual nature.
The Sexual Harassment of Women at Workplace (Preven­
tion, Prohibition and Redressal) Act, 2013 is a legislative act
in India that seeks to protect women from sexual harass­
ment at their place of work. It was passed by the Lok Sabha
(the lower house of the Indian Parliament) on 3 September
2012. It was passed by the Rajya Sabha (the upper house
“The next time you hear a social media myth, question it. Ask for the proof, and ask out loud.”
12 PR COMMUNICATION AGE July 2016
of the Indian Parliament) on 26 February 2013. The Bill got
the assent of the President on 23 April 2013.
The Act came into force from 9 December 2013. This stat­
ute superseded the Vishakha Guidelines for prevention of
sexual harassment introduced by the Supreme Court of In­
dia. It was reported by the International Labour Organiza­
tion that very few Indian employers were compliant to this
statute. Most Indian employers have not implemented the
law despite the legal requirement that any workplace with
more than 10 employees need to implement it.
According to a FICCI­EY November 2015 report, 36% of
with the Sexual Harassment Act, 2013. Central Govt. has
threatened to take stern action against employers who fail
to comply with this law.
The Introductory Text of the Act:
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act is to provide protection
against sexual harassment of women at workplace and for
the prevention and redressal of complaints of sexual harass­
ment and for matters connected therewith or incidental
thereto.
WHEREAS sexual harassment results in violation of the fun­
damental rights of a woman to equality under articles 14
and 15 of the Constitution of India and her right to life and
to live with dignity under article 21 of the Constitution and
right to practice any profession or to carry on any occupa­
tion, trade or business which includes a right to a safe en­
vironment free from sexual harassment;