Bedrock of equality

The constitution of our country enshrines equality and states not to discriminate against citizens on the grounds of gender, as well as empowers the State to make any special provisions in favour of women and children. Sexual harassment against women during employment violates a woman's freedom to carry out her occupation. Such incidents result in a violation of the fundamental rights of gender equality, the right to life, and liberty. It, inter alia, results in a violation of rights under Articles 14, 15, 19, and 21 of the Constitution.

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India; Article 15 of the Constitution of India forbids discrimination, inter alia, on grounds of gender; Article 19(1)(g) refers to practicing any profession or carrying on any occupation, trade, or business; Article 51A(e), which is a fundamental duty, enjoins upon every citizen to renounce practices derogatory to the dignity of women.

The Supreme Court and High Courts have time and again held that the fundamental right to carry on any occupation, trade, or profession depends on the availability of a safe working environment. The right to life means life with dignity. The decision of the Supreme Court in Vishakha v State of Rajasthan, 1997, a landmark one, laid down detailed guidelines to deal with the issue of sexual harassment of women at workplaces. Thereafter, in the year 2013, the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act was promulgated.

The right of women to protection from sexual harassment and the right to work with dignity are recognized as universal human rights by international instruments such as the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). The Beijing Declaration also directs all State parties to take appropriate measures to prevent discrimination of all forms against women besides taking steps to protect the honour and dignity of women. The International Covenant on Economic, Social and Cultural Rights contains several provisions, particularly concerning women. It recognizes her right to fair conditions of work and states that women shall not be subjected to harassment at the place of work and that such conditions may vitiate the working environment. Above all, the fundamental rights guaranteed in the Constitution of India are of sufficient magnitude to include all facets of gender equality, including the prevention of sexual harassment or abuse.

POSH Act non-compliances have serious consequences, including the cancellation of the registration/license of establishments, apart from monetary penalties. The POSH Act, among other things, talks about creating an Internal Complaints Committee (ICC) at every office of organizations, having 10 or more employees, to inquire into and redress complaints pertaining to sexual harassment. Where employees are fewer than 10, the Act provides for the setting up of a Local Committee in every district by the District Officer. Upon finding the accusations to be true, the committee may take disciplinary actions like dismissal, demotion, removal, reduction in salary, increment, stagnation, or any other major/minor penalty. An aggrieved woman may also be awarded compensation for mental trauma, depending on the gravity of the offense committed. In case a woman wants to file a police complaint, she is mandatorily supposed to be supported and assisted by the company whenever required.

Women must also know that if the ICC finds allegations to be malicious, they can be punished too. However, it is pertinent to note that just because the complaint has not been proven, it will not make it malicious; there has to be cogent proof for the same. Consensual relationships have generally been held to be excluded from the ambit of harassment unless there are facts like a promise of preferential treatment, promotion, etc.

Protection of Human Rights acknowledges women’s right to protection from sexual harassment. It is critical to tackle issues in every nook and corner across the globe, more specifically in remote areas. Gender equality includes the right to work with dignity. The common minimum requirement of this right has received global acceptance. The provisions of our Constitution as well as International Conventions and norms are of great significance in the formulation of guidelines to achieve equality with respect to women working. It becomes critical for corporates and other organizations not merely to have policies but also executions absolutely in place. In the last couple of years, governments, legislatures, execution bodies across various countries, including India, have developed several policies, provisions, and also taken concrete steps for women empowerment. Judicial interventions as well have been quite fundamental in this sizeable improvement. With even more efforts of all, though these have now substantially increased, the issue can be resolved absolutely completely and globally.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal