Essay on Concept of Sexual Harassment (POSH)

 Essay: Concept of Sexual Harassment in India

• INTRODUCTION:

       Sexual Harassment is a crime Committed by Sexual Predators which affect the victims Mental and Social well-being for life, it is a crime of Extreme atrocity this essay will dive into a descriptive Concept of Sexual Harassment with covering how the Sexual harassment manifests and how it effects the victims Mentality. 

         Sexual Harassment and violence remain significant issues in India. According to the National crime Records Bureau (NCRB) in 2021, there were 31,878 reported cases of rape. This translates to approximately 86. Cases per day. India has Consistently reported more than 400 sexual harassments at workplace Cases every year from 2018 to 2022, as Cited in a Business standard report, which used NCRB data.

 "There remains what seems like an impenetrable wall of silence around violence, and that must all Play a role in breaking this silence." Reese Witherspoon. Many cases of Sexual Harassment go unreported due to shame, fear of being fired, Fear of the authoritative Figure, delay in Justice and many Other reasons.

 Sexual Harassment as defined under Landmark Case of  Vishakha v. State of Rajasthan.

 In this case Supreme Court defined Sexual harassment as follows:  

unwelcome acts or behaviour (whether directly or by implication) as

(a) Physical contact and advance;

(b) A demand or request For Sexual Favors

(c) Making sexually coloured remarks;

(d) showing Pornography;

(e) Any other type of Physically, verbally or non-verbally conduct of Sexual nature;

Where any of these things are submitted.

Sexual harassment includes any unwanted or unwelcome behavior of a sexual nature that makes a person feel offended, humiliated, intimidated or  violated.  It often takes place in workplaces, schools, public places, transportation and even online. passing of jokes of sexual nature, passing comments, imposing certain gestures, displaying obscene videos and pictures,  threats through email, letter, text or social media, groping, hugging, kissing, touching a person without their consent.

How Sexual harassment Manifests and how it affects the victims Mentality.

often the power dynamics are involved in cases of sexual harassment where a boss intimidates a employee, where a senior student might harass a junior student, often, the perpetrator has or is about to have Power or authority over victim. Lowing to differences in social, Political, educational or employment relationships as well as in ages.

The perpetrator may be completely unaware that their behaviour is offensive or constitutes sexual harassment. The perpetrator may be completely unaware that their actions could be unlawful to harm an individual.

 • Incidents of harassment can take place in situations in which the targeted person may not be aware of or understand what is happening. 

• Incident may be one-time occurrence; adverse effects on harassed persons include Stress, Social anxiety, loss of confidence, feeling lonely and alone, mental and physical trauma, sleep disorders, impairment in health.

Other forms in which Sexual Harassment may Manifest: -

1. Quid Pro Quo Harassment: This occurs when someone in a of position authority demands sexual favour in order for the victim  to get promotion or recognition at the workplace.

 

2.Hostile Work Environment: The perpetuator creates such environment around the victim that a holistic work environment is created for ex: passing jokes of sexual nature, not letting the employee participate in any activity because the employee is opposing the idea of sexual favours, neglecting them, creating a toxic work environment for the employee.

 Impact of Sexual Harassment on Victims -

Sexual harassment is not only an outside occurrence it leaves lasting internal bruises that
affect victims Physically, emotionally, and socially.

•  Psychological and Emotional Trauma: victims of sexual harassment tend to feel afraid, Shame and guilt. The Constant evasion of their Personal boundaries leave them with low self-esteem and blaming themselves for what occurred, even when they are innocent. over time many end up with anxiety disorders, depression, or post-traumatic stress disorders (PTSD). Day-to-day activities like going to the office or dealing with colleagues can become a very stressful task for them. Some also get Panic attacks in response to recalling the harassment. 

CASE LAW: Vishaka vs. State of Rajasthan (1997) this case was a landmark judgment by the Supreme Court of India that addressed the issue of sexual harassment of women at the workplace. In the absence of a specific law, the Court laid down the Vishaka Guidelines, drawing from international conventions like CEDAW, to protect women's fundamental rights under Articles 14, 15, and 21 of the Constitution. These guidelines mandated preventive measures, internal complaints committees, local complaints committees and POSH training programs. The case led to the enactment of The Sexual Harassment of Women at workplace (prevention, prohibition and redressal) Act of 2013 also known as the POSH Act.

Conclusion:

Sexual Harassment is a pervasive issue that transcends all the boundaries. 1 in 3

women in their lifetime experience Some Sort of Sexual Harassment. It affects the

dignity and Well-being or individuals. Creating a Hostile environment of Fear and

inequality. Sexual harassment is mainly governed in India by Sexual Harassment of

women at workplace (Prevention, prohibition and Redressal) Act, 2013, sexual

harassment doesn't just affect the immediate victim; it imparts them form their family  and 

future aspirations.