43% of men experience sexual harassment

By- Shubham Gaur & Trisha Parashar

Sexual harassment means sexually unwelcome acts or behavior towards women of any age. It includes physical contact, making sexually colored remarks, showing pornography, or any other act of sexual nature.
Sexual harassment is a long-standing problem affecting all countries and sectors around the world. If we refer to the data 81% of women and 43% of men experience sexual harassment at some point of time during their life. It is a global issue.

CEDAW TREATY

To deal with sexual harassment, the United Nations took very important measures and introduced the international bill of rights for women. The convention on the elimination of all forms of discrimination against women (CEDAW) is an international Treaty adopted by the United Nations general assembly.
The CEDAW treaty was signed by 189 countries. India is one of the signatory members among 189 members of the United Nations.

AROUND THE WORLD

The European Union issued directions for the treatment of men and women in an equal manner, it also includes sexual harassment. On the contrary under German law, sexual harassment is not punishable by law. The United Kingdom treats sexual harassment as a form of discrimination.

INDIA

In India, the Sexual Harassment of Women At Workplace Act 2013 was enacted by the Legislature. This act was the result of Vishakha guidelines issued by the Supreme Court of India in the landmark judgment of
Vishakha versus Union of India 1997. After a gap of nearly 16 years, the Sexual harassment of women at the workplace Act was passed by the Indian legislature.
Under this Act, sexual harassment is considered to be a violation of women’s fundamental rights enriched under Articles- 14,15,19, and 21 of the Constitution of India. The act of 2013 provides prevention, prohibition, and redressal mechanism for the sexual harassment of women in the workplace. Under the act, a duty has been cast upon the employer or a district officer to create a workplace free of sexual harassment.
It is the duty of every employee to constitute an Internal Complaints Committee(ICC) in an organized sector. As far as the unorganized sector is concerned, the duty is upon the district officer to constitute a Local Complaint Committee (LCC). An aggrieved woman can make a complaint to the ICC or LCC as per her sector. There is a provision for setting such matters using alternate dispute resolution methods subject to certain prerequisites. However, the aggrieved women may also initiate proceedings under the relevant provisions of the Indian penal code 1860.

PREVENTION

To prevent the act of sexual harassment in the workplace appropriate measures must be taken from time to time. By creating awareness programs and by educating employees, the problem of sexual harassment may be reduced. There must be training programs that should include moral values and ethics as a curriculum. Employees and district officers must monitor the workplaces from time to time. If in any case an incident of sexual harassment is reported there must be available, lawyers, etc.
To conclude, not only women, but men also face sexual harassment and assault in workplaces. All the necessary and relevant steps must be taken to solve this Global problem. It is the moral and legal duty of every person to provide his or her colleagues with a healthy working environment so that the employer can work in a workplace free of sexual harassment.

By Shubham Gaur

First generation lawyer, My passion for the legal field is what drives my work. I enjoy helping people and getting to know them on a personal level. I believe in the motto 'You can make it if you try'! Alumni - Law Center - II, Faculty of Law, University of Delhi | Founder - The Legal Saints | Admin/ Managing - Delhi Bar Association Website

Leave a Reply

Your email address will not be published. Required fields are marked *