SEXUAL HARASSMENT AT WORK PLACE
SEXUAL HARASSMENT AT WORK PLACE
SEXUAL HARASSMENT AT WORK PLACESEXUAL HARASSMENT AT WORK PLACE
Today we live in a global village, which is characterized by deeply unequal sharing of the burden of adversaries between women and men. The inequality between women and men can take very many different from feminism is mainly concerned with equal treatment of the female sex. The other words equal of series is to be recognized both inside and outside home. This is because this equality through recognized by basis laws of many countries, the public in many societies is not adequately responsive. Even in the rest where a higher degree of political awareness exists, women have been subject to many a discriminately treatment.
Sexual harassment was defined as "unwelcome sexually determined behaviours including physical contact on advances, demands our requests for several favours severally coloured remarks, showing of pornography and any other unwelcome physical, viable on non-verbal conduct of a sexual nature.
CONCEPT AND MEANING OF SEXUAL HARASPEMNT:
It is difficult to define precisely and more to determine the continuous of the expression "Sexual Harassment". This is so because it may range from jokes corrected sexual relation or even rape.
Catharine MacKinnon defines sexual harassment as "Unwanted impositions of sexual requirements in the context to relationships of unequal power".
Like wise, Kathleen Gallivan define sexual harassment as "any type of unwanted sexual of gender oriented behaviour that has adverse job related efforts.
QUID PRO QUO SEXUAL HARASSMENT:
"Quid Pro Quo" is a later expression which means "this for that". It is applicable to the business environment. It is a type of sexual harassment where an employee is confronted with sexual demands to keep her job or obtain a promotion. For instance, an employer may preposition an employee by saying that she should sleep with demand then she would be promoted. This would be considered to be an instance of "Quid Pro Quo sexual harassment.
HOSPITILE ENVIRONMENT HARASSMENT:
This is an environment where an employer does our says things that are uncomfortable and offensive to her as an individual. Sexual harassment does not need to include a demand for an exchange of sex for a job benefit. It is the creation of an uncomfortable environment. If two employees are showing sexual jokes and both them are enjoying it then it may not be termed as sexual harassment. But, if one of the two desires to terminate the relationship, and the other uses the unequal relative teams and conditions of employment of the work pale to further the relationship, this would be sexual harassment.
Guidelines and norms: The Supreme Court laid down the following guidelines and norms to be strictly observed at all work places.
A)Duty of the employer or other responsible person in work places and other institutions.
i)Resolution
ii)Settlement and
iii)Prosecution of acts of sexual harassment.
Preventive Step :
All employers or persons in change of work Pale whether Pale whether public or private sector should take appropriate steps to present sexual harassment. They are further acquired to take the following steps.
i) Express prohibition of sexual harassment as defined above at the work place, should be noticed. Published and circulated in appropriate ways.
ii) The rules/ regulations of Govt. and Public Sector bodies relating to conduct and discipline should include rules/regulations profiting sexual harassment and provide for appropriate penalties in such rules against the offender.
iii) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the industrial employment Act. 1946.
Disciplinary Action:
Where the conduct of the accused amounts to misconduct in employment under the relevant service rules, the employer should initiate disciplinary action in accordance with the rules.
Complaint Mechanism:
Employees is required to create an appropriate complaint mechanism in his organization for reduessal of complaints made by the victim.
Composition of Complaint committee
The composition of complaint committee shall be as under:-
i) It shall be headed by a women.
ii) Not less than half of its members of the committee the women.
iii) To committee should involve third party, either NGO or other body family with the issues of several harassment in order to prevent the possibility.
iv) The committee should consists of minimum 6 members.
KEEPING IN VIEW THE ABOVE FINDING SOME SUGGESTION AND RECOMMENDATIONS ARE GIVEN BELOW TO PREVENT AND CONTROL ATROCITIES AGAINST WOMEN.
1. REMOVING GENDER BIAS:
The gender bias Prevailing in the society puts women in a disadvantageous position in different fields right from birth. So to improve it a radical change in attitude of society towards women and providing a suitable surrounding and atmosphere for accelerating the process of equality and removing the oppressive of women in general is need of hour.
2. AWARENESS GENERATION:
Legal measures for protection of human rights of women might have created an enabling atmosphere but they have not empowered the women to a great extent.
3. IMPROVING THE LEGAL REDRESSAL MECHANISM
To a common man police officer is the law and he is to identify the act of crime and label the suspect, for this the redressal mechanism should be strengthen and made accountable for non-follow-up of the reported cases.
The constitution of India provides for equality of states and opportunity to all citizens. No discrimination is to be made against any citizen on grounds of sex religion or caste and that all citizens , man and women equally have the right to an adequate means of livelihood. But in practice discrimination against women start from their very birth or even sometimes before birth. The gender inequity endemic in education, health, economic and political sphere relegates women to the status of 2nd class citizens and atrocities against women is a manifestation of the subordinate social status occupied by women and girls.
It is true all types of crime are on the increase in the country along with increase in population and development of the economic. But the rate of growth of crime against women specially has been much faster than that of total crime. Orissa is one of the most back ward states of the country, so the status of women judged in terms of their education, health care and participation in economic activities is considered to be still lower vis--vis the status of women in India. The rate of crime against women per one lakh women participation is officially estimated to be around 26, but in practice it would be much higher than this because a number of crimes against women are never reported and brought to the day light. Crime against women in the state which constituted 4.1% of total number of crime in the state in 1993 went up to 10.3% of the total crime by the year 2001. During the corresponding period, the share of crime against women in India in total crime has increased from 5.2% to 7.2%.
Besides this the state Govt. has appointed non-Govt. organizations (NGOs) for each district as service provider and counselor for assisting victims of women violence. These NGOs will work in close coordination with the women and child development department.