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Ms. Zakia Soman, a women's rights campaigner at Action Employer Responsibility to Provide Ha-
Aid India said that "it helps to have a law and we welcome rassment Free Workplace In India:
it, but the crux will lie in its implementation once it is en
acted." A complaint of sexual harassment by a parttime worker in
a hardware business was upheld when the Tribunal found
Mr. Manoj Mitta of The Times of India complained that Bill that the employer had failed to take sufficient action in
does not protect men, saying it "is based on the premise relation to the employee's report of inappropriate
that only female employees needed to be safeguarded." behaviour. The alleged sexual harassment included kissing,
Nishith Desai Associates, a law group, wrote a detailed touching her breasts and leg, persistent requests to have a
analysis that included concerns about the role of the em drink outside work hours despite an ongoing refusal, asking
ployer in sexual harassment cases. They called out the fact for cuddles, telephoning her at home and making repeated
that there is no stipulated liability for employers in cases of unsolicited sexual remarks.
employeetoemployee harassment, something upheld in
many other countries. The complainant reported the sexual harassment to her
supervisor but initially asked to be allowed to handle it
They also viewed the provision that employers are obligated herself. The supervisor granted her request and did not take
to address grievances in a timely manner at the workplace any action until the formal complaint was made. The Tri
as problematic because of potentially uncooperative em bunal found that, even in these circumstances, the employer
ployees. Furthermore, the law requires a thirdparty non was vicariously liable for the acts of its employees. It found
governmental organization to be involved, which could that employer has an overriding responsibility to provide a
make employers less comfortable in reporting grievances, workplace free from harassment, and that the wishes of
due to confidentiality concerns. Compliance to this statute complainants are secondary to this responsibility. Allega
has so far been left to the vagaries of the employers and tions of sexual harassment against another employee and
government has not taken any significant step to enforce claims of victimization were dismissed. The complainant
the law so far. For example, 6 months after the law came was awarded damages of INR 2,24,425 which included gen
into effect, the state in UP remained dreadful as women eral damages and economic loss during service period.
could not participate in the workforce due to sexual harass
ment. Some tribunals have commented on the constitution These Provisions are already available
ality of some of the provisions of the statute, especially abroad:
Section 4 and Section 7.
1. Ms. Shepherd was a 23 year old woman employed by
Lastly let us see some of the recent Sexual Harassment Mr. Tuck, who owned and managed a marine survey busi
case studies and the related awards given while con- ness, in America. After two months, Ms. Shepherd's em
cluding our discussion: ployment was terminated on the basis, she alleged, that
she would not engage in a personal relationship with him.
She based her complaint on a series of incidents alleged to
be sexual harassment. These included: statements of a
sexual nature to and about her, blonde jokes (apparently
inferring that she was not intelligent), taking a photograph
of another woman's legs and suggesting it be stuck on Ms.
Shepherd's office desk, gifts and a suggestion of shared
accommodation while travelling in order to minimize costs.
Mr. Tuck admitted he was attracted to Ms. Shepherd, but
said it was she who made advances to him and that she
proposed a relationship. He countered the allegations with
other claims. These included Ms. Shepherd introducing
herself by kissing him on the neck, not voicing any objec
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