Conquering the Specter of Workplace Harassment: Legal Avenues and Preventive Measures in India

Workplace harassment is a pervasive issue in India and an unwelcome reality faced by many Indian employees. This is primarily characterized by unwelcome behaviour ranging from offensive remarks to physical assaults. Such behaviour can be based on gender, religion, caste or economic status to name a few. Sexual harassment, in particular, has been under increasing scrutiny in recent years. A 2018 study by the Indian National Bar Association found that 38% of women in India have faced sexual harassment at work, thus highlighting the seriousness of this issue. Additionally, the same report revealed that 69% of these victims did not lodge an official complaint. Given the escalating number of discrimination and harassment cases in the Indian workplace, the onus has increasingly fallen on legislative instruments and professionals like an employment lawyer in Delhi or other states to offer remedies and prevention strategies.

Workplace harassment significantly affects an individual’s well-being, performance, and overall morale while severely undermining the work environment, productivity and business outcomes. The Vishaka Guidelines established by the Supreme Court of India in 1997, and the subsequent Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 have been pivotal in offering legal recourse to victims of workplace harassment.

Addressing workplace harassment in India is a matter of human rights and every individual has the right to a safe, non-hostile work environment. The continual prevalence of harassment cases reflects systemic issues that need immediate attention. Discussing this issue also brings economic benefits. A report by McKinsey Global Institute suggested that India could add $770 billion to its GDP by 2025 by improving gender equality and reducing harassment at work.

The role of employment lawyers and legislation in tackling workplace harassment cannot be overstated. An employment lawyer in Delhi, Mumbai, or any other Indian city, plays a crucial role in offering legal guidance to victims as well as employees, helping them understand their rights and navigate the legal landscape.

Legislation in India, particularly the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, has provided a much-needed legal framework to address workplace harassment. The Vishaka Guidelines, as stated above, also lays down explicit prohibitions against sexual harassment at work.

Workplace harassment is any unwelcome or offensive behaviour that occurs in a professional setting. 

According to the International Labour Organization, workplace harassment includes but is not limited to “unwanted comments, gestures, or physical contact that cause offence or humiliation to another person, or an intimidating, hostile or offensive work environment.” It can manifest itself in numerous ways and can be broadly categorized into different types, including sexual harassment, bullying, and psychological harassment.

Sexual harassment is any unwelcome sexual advance, request for sexual favours, or other verbal or physical conduct of a sexual nature. It includes unwanted physical contact, suggestive remarks, displaying sexually explicit images and sexual assault.

Bullying or psychological harassment, on the other hand, can involve intimidating behaviour, constant criticism and being undermined by work colleagues.

Caste-based, religion-based or disability-based harassment is another facet of workplace harassment. 

A 2019 survey by the Indian Society for Applied Behavioural Science (ISABS) found that 48% of respondents had faced some form of harassment at their workplace, indicating that harassment is not confined to a particular gender.

The significance of addressing workplace harassment is paramount, given its profound impacts on employees’ mental health and productivity, irrespective of its form.

The Indian legal framework offers multiple provisions against workplace harassment. The two most significant landmarks in this regard are the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

The Supreme Court of India laid down the Vishaka Guidelines in 1997 following the landmark Vishaka vs. State of Rajasthan case. These guidelines outlined the definition of sexual harassment, put the onus of preventing and addressing such harassment on the employers and mandated the creation of Complaints Committees at workplaces.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often referred to as the POSH Act, was enacted to provide a more comprehensive legal framework for addressing workplace sexual harassment. The Act requires every employer to create an Internal Complaints Committee (ICC) at each office or branch which is employing 10 or more employees. The employer is also required to organize regular workshops and awareness programs to educate the employees about the Act.

An employment lawyer plays a pivotal role in dealing with workplace harassment cases. They provide legal counsel to both employers and employees, ensuring that the workplace is in compliance with the existing laws, and help address any legal issues that arise from cases of harassment. Employers often seek the assistance of employment lawyers to create sound policies and practices that prevent harassment and to handle complaints properly when they arise.

In the event of workplace harassment, the victim, as per the POSH Act, is required to lodge a complaint with the ICC within three months of the incident. The ICC is then required to complete its inquiry within 90 days. After the inquiry, a report will be sent to the employer or the District Officer, recommending the action to be taken.

If the ICC finds the complaint to be genuine, it can suggest various remedies, including a written apology, warning, retraining, counselling or even termination of the harasser from employment. In case of non-compliance, monetary penalties can be levied on the employer and repeated non-compliance can lead to higher penalties and cancellation of business licenses.

If the victim is unsatisfied with the findings or if there is a lack of prompt action, they can approach the courts for further legal recourse.

Vishaka vs. State of Rajasthan (1997)

The Vishaka case is a landmark case in the context of workplace sexual harassment in India. A social worker named Bhanwari Devi was brutally gang-raped for preventing child marriage in her community. When the local authorities failed to take effective action, several women’s rights groups filed a Public Interest Litigation in the Supreme Court. The case was significant not only because it led to the formation of the Vishaka Guidelines, but it also underscored the role of employment lawyers in initiating a conversation around workplace harassment at a national level.

Ruchika Girhotra Case (1990)

In the Ruchika Girhotra case, the victim was a minor girl molested by a senior police officer. The case triggered public outrage due to the gross misuse of power. It took nearly 19 years for the court to finally convict the officer. The case set a precedent that persons in power could be held accountable for their actions.

Workplace Harassment at a Leading IT Company

In a more recent case, a leading IT company in India faced severe backlash when a female employee accused her supervisor of sexual harassment. The company’s Internal Complaints Committee (ICC), as guided by the POSH Act, conducted a swift and comprehensive investigation. Based on the ICC’s recommendations, the company not only dismissed the harasser but also incorporated more stringent measures to prevent such incidents in the future.

In the realm of the modern workplace, understanding, addressing and preventing workplace harassment is not just a legal obligation but also a moral imperative that directly impacts the health of the organization. Employers have a vital role to play in establishing a culture that promotes respect, dignity and a safe working environment for all employees. The laws in place such as the POSH Act, and the guidelines laid down by the Supreme Court, provide a comprehensive framework for employers to tackle workplace harassment. While the legal landscape offers remedies to victims, it is equally essential to implement preventive measures diligently and create safer work environments.