Theraverse
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January 25, 2024
India’s labour market has been seeing an upward trend since July last year and we currently stand at 11.2 million employed people according to the Economic times, 2023. In a country where millions of people are entering the workforce, it is important to make sure that the quality is not blindsided by the quantity.
Sexual harassment at workplaces is an unrefuted issue that people have been facing. The cases have been rising in the past couple of years but the irony lies in the fact that, rising case do not necessarily mean that there are increasing number of crimes, rather the possibility that more people are coming forward to report. Either way, cases reported by men are much lower in India. Based on the data analysis compiled by anti-sexual harassment advisory, the year 2020 saw 999 aggregate cases in light of the #MeToo movement.
This number of reported cases dropped in the subsequent years but the number of pending sexual harassment cases at workplaces in India’s largest companies shows an alarming rise of 101 percent in the year ending March 2023, indicating a huge backlog of complaints and the companies’ inability to resolve such cases in a timely manner
Addressing workplace sexual harassment requires a multifaceted approach that prioritizes both prevention and support for victims. Companies should establish clear policies against harassment, offer comprehensive training for employees and management, and create safe channels for reporting incidents. Support systems like counselling services or employee assistance programs are crucial in providing the necessary mental health support for those affected.
Understanding the Issue
The United States’ Equal Employment Opportunity Commission (EEOC) defines workplace sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This conduct could explicitly or implicitly affect an individual’s employment, unreasonably interferes with an individual’s work performance, or may even create an intimidating, hostile, or offensive work environment.
To break it down to simpler terms in broad categories
- Physical contact: Such as touching, groping, or assault.
- Verbal abuse: Such as making offensive comments, jokes, or threats of a sexual nature.
- Nonverbal behavior: Such as leering, whistling, or displaying sexually suggestive objects.
- Creating a hostile work environment: Such as repeatedly making sexual advances or requests for sexual favors, showing pornography etc.
What does the law say?
The Sexual Harassment of Women at Workplace POSH (Prevention, Prohibition and Redressal) Act, 2013 provides a legal framework for addressing workplace sexual harassment in India. This Act defines sexual harassment, establishes procedures for filing complaints, and mandates the creation of internal complaints committees (ICCs) within organizations to investigate and address such complaints.
There have been several amendments to the act since its launch and it is important for the organisations to take note of what the current version of the law entails before setting their own redressal guidelines.
The act mainly suggests that an organisation with more than 10 employees should have an internal complaints committee (ICC) whereas organisations with lesser than 10 employees are obligated to set up a local complaints committee (LCC). The nitty gritty of how and with whom the committees should be formed are mentioned in the act. Although the act specifically mention protection of women, the crime does not restrict itself to a specific gender or sexuality, and hence the organisations are free to create their own gender-neutral guidelines for inclusivity.
Addressing the psychological impact:
The effects of sexual harassment in the workplace can extend far beyond the immediate incident. Victims often experience feelings of shame, guilt, anxiety, and depression. They might face difficulties concentrating on work tasks, have trouble sleeping, or suffer from persistent stress. The fear of retaliation or not being believed, fear of shift in the power dynamic are some of the several reasons why people many not report the incident causing more emotional distress and unrest.
The constant stress from enduring or witnessing harassment can result in heightened levels of cortisol, the stress hormone, which can negatively impact physical health as well. Victims might develop symptoms such as headaches, palpatations, digestive issues, or even chronic conditions due to prolonged exposure to stress.
Moreover, the aftermath of workplace sexual harassment often involves navigating complex emotions, including fear, anger, and a loss of trust in colleagues or superiors. This can lead to a sense of isolation, as victims may withdraw from social interactions at work or even from personal relationships.
Major challenges:
Despite the legal framework, several challenges persist in addressing workplace sexual harassment effectively in India, including:
- Underreporting: Many victims are hesitant to report incidents due to fear of retaliation, social stigma, or lack of trust in the complaint process.
- Fear of losing reputation: It takes years of experience to accumulate the accolades or reach a particular status at work and victims fear losing all of that overnight by being identified with the harassment and nothing more. It can even sometimes become someone’s identity.
- Inadequate implementation: Not all organizations have implemented the Act effectively, leading to weak internal complaint mechanisms and inadequate support for victims. The victims might fear that perpetrators holding a position of power may not be held accountable as well.
- Lack of awareness: Many employees are unaware of their rights under the law and the procedures for reporting harassment.
Walk towards a Safer Workplace:
Several steps can be taken to create a safer and more inclusive workplace environment in India, including:
- Educating employees: Providing comprehensive training on sexual harassment awareness, prevention, and reporting procedures.
- Strengthening internal complaint mechanisms: Ensuring ICCs are well-equipped, independent, and transparent in their investigations.
- Promoting open communication: Creating a culture where employees feel safe to report incidents and seek support.
- Holding perpetrators accountable: Implementing effective disciplinary measures against those found to have committed sexual harassment.
- Considering the psychological wellness of the victims and creating guidelines according. For example providing, paid time off from work with mental health support and resources.
Additional Resources:
- Ministry of Women and Child Development, India: https://wcd.nic.in/ (you can file a complaint online as well)
- National Commission for Women, India: http://ncw.nic.in/
- International Labour Organization: https://www.ilo.org/public/english/gender.htm
By addressing workplace sexual harassment, we can collectively try to create a more equitable and respectful work environment for everyone.
By Jensita Grace (In-house Psychologist, Theraverse)
Resources:
https://www.ungender.in/posh-act-updates-january-2023/
https://www.legalserviceindia.com/legal/article-1323-sexual-harassment.html
https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_863177/lang–en/index.htm
