What is harassment?
Harassment is behaviour, which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is also behaviour that can cause the recipient to be embarrassed, uncomfortable and cause emotional distress.
What is sexual harassment?
Sexual harassment would follow the same definition as the above, except that the harassment must be sexual in nature. Further defined it is the unwelcome sexual advances, requests for sexual favours and other verbal behaviour or physical conduct of a sexual nature. In addition when the submission to such conduct is made an implicit condition of an individual’s employment, then it is sexual harassment within the workplace.
Is sexual harassment a violation of human rights?
Yes, sexual harassment is considered as a violation of human rights as it is a form of sex discrimination. Sex discrimination is when terms and conditions of employment are not equal because of the person’s sex
Can sexual harassment be of different types?
Yes, there are three forms or types of sexual harassment that are recognised the world over. One, quid pro quo which mean ‘this for that’ and when employment decisions or expectations are based on an employee’s willingness to grant or deny sexual favours. Second is hostile environment where verbal or non-verbal behaviour in the workplace focuses on the sexuality of another person or occurs because of a person’s gender or other protected characteristic; where such verbal or non-verbal behaviour in the workplace is unwanted or unwelcome; and where verbal or non-verbal behaviour is severe or pervasive enough to affect the person’s work environment. The third as discussed above is the violation of human rights.
What is the key factor in deciding instances of sexual harassment?
The key factor in deciding instances of sexual harassment is when any unwanted, unwelcome, or unsolicited conduct, which has sexual characteristics and is imposed on a person who regards it as offensive or undesirable, it is harassment. When a person communicates that the conduct is unwelcome, it becomes illegal. Even if the conduct is not stated but implied, as long as it is unwelcome it is unlawful.
Is sexual harassment only physical molestation?
No, sexual harassment can be verbal, non-verbal, visual, and physical.
What is the responsibility of the organisation in preventing sexual harassment?
As per the Supreme Court Guidelines, it is mandatory that an organisation set up a Committee to deal with cases on sexual harassment. It is also the responsibility of the organisation to ensure that an environment is created within the organisation, which shows a strong commitment of the organisation towards a ‘zero tolerance to sexual harassment’.
What are the laws that govern cases on sexual harassment?
In India, the Indian Penal Code, Section 509 states, “Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any objects, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman as intruding upon her privacy shall be punished with simple imprisonment for a term extending to one year or with fine or with both”. In addition, the Supreme Court Guidelines 1997 states any unwelcome act of physical, verbal or non-verbal conduct of a sexual nature as sexual harassment. It is a mandatory duty of employer to prevent and address sexual harassment by forming a Committee Against Sexual Harassment.
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