Press Release of the release of Book

Press Release of the State level consultation

Summary of the Study Report

Introduction to the report 

A survey had been conducted by Mahila Jagaran Kendra in 50 institutions of Patna covering government, private, unorganized and development sectors. The head of the institution, male and female both were covered in the survey. In India, the Vishakha Guidelines, Justice Verma Committee Report and the sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 are some of the legislations to prevent and address the issues of sexual harassment.    

Since the economic liberalization in 1990s, more and more women have joined the workforce.  They have been working in the agriculture, factories, construction work and various government sectors & private sectors and thereby contributing to the economic growth and development.  Nonetheless, it is clear from various national and international reports that women are suffering from sexual harassment at the workplace.

Executive Summary

The women are victim of different kind of violence: abuses and harassment, beating, lewd remarks, stalking, staring, etc in the homes and outside. Despite their contribution to family development, child bearing, social development and overall economy, they are not recognized as equal partner of men and suffer at the hands of male counterparts at workplaces.

Every minute they bear objectionable remarks, unwanted physical touch during performing their duties, on way to home and office, market places etc. Sexual harassment badly affects them psychologically, physically, morally and stigmatizes them in the society. Family and society blame them for the wrong which they haven’t done. They are unable to perform their duties and responsibilities at the workplace. Thus, the family, other women working in the organization, the organizations itself and society become victim but they rather ignore it. If the cases of sexual harassment come to light the victim is either looked down upon by the society, employers and even family members and even tonted for provoking the harasser.

The study suggests that 60 % of the working women face sexual harassment in various forms. This percentage suggests that sexual harassment is very common in workplace. The laws for prevention of crime against women are not being implemented properly neither by the Bihar government nor by the Central government. Whatever, the steps have been taken by the Bihar government (by forming the state level sexual harassment complaint committee and district level local complaint committee) are insufficient to prevent sexual harassment.

Our survey report has ample evidence to prove that women are harassed in their respective workplaces in all sectors: private, government, development sector, school, colleges and unorganized sectors. Employers have not formed the sexual harassment complaint committee, haven’t taken any steps for awareness among employees about sexual harassment laws and ensuring redressal to the victims. The same position is of the government, it is too slow in publicizing the law, in effecting police reform and carrying out other important recommendations of the act.         

Key findings

·         Only 26 % women occupy the managerial position.

·         55 % women felt discomfort and fear while talking on the issue of their sexual harassment or colleagues.

·         60 % women are sexually harassed at the workplace. 35 % accepted they are harassed, while 25 % said their women colleagues were harassed.

·         Only 8 % victims filed complaint against sexual harassment in different forums such as; police stations, Mahila Thana, women helpline, complaint committee etc.

·         47 % sexual harassment cases occurred in unorganized sector, 28 % in private sector and 25 % in the government sector.

·         71 % of the harassed women were literate, while, 29 % were illiterate.

·         48 % women said that their employers take steps for their safety.

·         Only 25 % respondents said that the sexual harassment complaint committee has been formed in their organization/institution.

·         97 % respondents said that their office does not display any folder or poster on awareness about laws relating to sexual harassment.

·         17 % total respondents and 20 % women respondents hardly were aware of the Vishakha Guidelines.

·         78 % respondents felt that sexual harassment has increased in the recent years.

RECOMMENDATIONS

·         The Act does not specifically provide that in case where the sexual harassment complaint committee is not formed and the organization is having more than 10 staffs then whether it can be governed by the local complaint committee or not. The local complaint committee shall also take up those cases.

·         The definition of the sexual harassment in the Act is not exhaustive, thus, it gives a loophole to the perpetrators to escape from the charge of sexual harassment. The Act must cover words like stalking, staring to remove the vagueness of the definition.

·         Every institution’s complaint committee must submit a quarterly report and an annual report to the government and must be accessible to the public at large. 

·         A review or the social audit of the functioning of the local complaint committee and the internal complaint committee must also be conducted at a regular interval to act as a watchdog for the proper executions of their functions. 

·         The government shall propagate the provisions of the act to the general masses by regularly advertizing in the radio, television, posters, hoardings, wall writings and through nukaad natak.

·         An employee’s tribunal shall be formed at the block, district, state and national level to deal with such cases.

·         There should be a nodal officer at district level as per the provision of the act. Moreover, the nodal officer must be a woman and shall have the knowledge of law as well as should have the capacity to counsel the victim.

·         The nodal officer shall also be provided the training on the legal aspects as well.

·         The government should issue order and ensure that all the government departments as well as the private organizations/institution have a sexual harassment complaint committee at their workplace.

·         The government should constitute a regulatory body comprising bonafide citizens, including 50 % women, to supervise complaint committees at workplace. The regulatory body should review the implementation of sexual harassment act every annum.

·         The training of police officials, police personnel, magistrates to make them aware of different provisions of sexual harassment Act.

·         The government should make mandatory the training of complaint committee members and they should hold meetings to review situation quarterly.   

CONCLUSION

In conclusion, this survey report gives detail study of the status of the working women in 50 institutions and shed light on various forms of sexual harassment faced by women at workplace.  It evidences that only a few institution and organizations have sexual harassment complaint committee. Even those institutions having sexual harassment complaint committees are not functional.  

Had the Supreme Court’s Vishakha Guidelines and the Sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 been implemented at most of the workplaces then most of the acts of sexual harassment might not have occurred and the women would have been saved from victimization of sexual harassments and discriminations at their workplaces.

The failure of the government to implement the sexual harassment laws at the workplace and prevention of the occurrences of such acts, the indifferent and insensitive approach of the employers to implement the rules and regulations relating to sexual harassment are the matters of grave concern.

For the first time such survey has been conducted by the institution in a very small sphere but even then 60 % cases of sexual harassment of women has been found in the whole survey according to the response of the women which has been discussed in detail in the present report.

The report provides us a glance of the existing situation in Patna. While talking to the women respondents they felt discomfort and were fearful of losing their jobs (55%). Moreover, most of the men had occupied the managerial level posts (72%) and there was a huge difference in the pay scale of men and women, which suggested that the women have do not have a say in most of the matters in the organization. The women were not aware of the sexual harassment laws also (only 20% women aware). And, almost half of them were unaware of their rights. Most of the sexual harassment occurs in the unorganized sector (47%), followed by private sector (28%) and at last in the government sector (25%). Moreover, at most of the institutions the sexual harassment complaint committee has not been formed (only 25% respondents affirmed its formation) and only 8% of the victims so far had approached a forum for redressal. 

The study has revealed that a large number of the working women are affected by the incidents of sexual harassment at their workplace. But, unfortunately the government is not concerned with their situation as no study and survey so far has been conducted by the Government of Bihar to know the actual situation of women at the workplaces. Moreover, the data of the Bihar police even does not provide an account of the sexual harassment cases at large except the sexual harassment of women at workplace cases. Moreover, even some of steps taken by the government are not enough to curb sexual harassment. The situation of the Central government is also the same as it also does not have data specifically on sexual harassment of women at workplace.  

Presentation of the report provided below:

PRESENTATION OF THE REPORT ON SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

For full PDF please go to the following link 

STUDY REPORT ON SEXUAL HARASSMENT OF WOMEN AT WORK PLACES IN PATNA

Opening ceremony

The State level consultation for the effective implementation of the sexual harassment laws was held on 15^th September, 2013. The consultation started with the welcoming and introduction of the chief guests present in the event namely; Ms. Indira Jena, Ms.  Abha Singhal Joshi, Ms. Neelu, Ms. Kirti as well as the participants. Thereafter, the guests lighted the lamps (Deep Prajwalan) marking the inauguration of the consultation.  

 Introduction to the consultation

After the inauguration of the consultation, Ms. Neelu, the Chairperson of Mahila Jagaran Kendra gave a brief introduction to the consultation and its objectives. She narrated that since the establishment of Mahila Jagaran Kendra it has been working on the women centric issues. It had worked on violence against women in different geographical regions of Bihar. Further, she said that since in the recent past certain cases related to sexual harassment of women at workplace have come in light, the organization took the responsibility to take this issue in the public sphere and designed a blue print for taking forward this issue. She acknowledged the guidance and support of Ms. Indira Jena, the Co-founder of NIRNAYA for 20 long years as well as for the current assignment. Moreover, she thanked Ms. Abha Singhal Joshi, the Supreme Court Advocate and Legal Advisor to Aap ki kachhari for being a continuous and constant support in the legal areas.

Release of the report

A report on “the sexual harassment of women at workplaces in Patna” was released by the Hon’ble Guests; Ms. Indira Jena, Ms.  Abha Singhal Joshi, Ms. Neelu, Ms. Kirti in the public domain.       

Presentation to the report

A presentation was made by Ms. Puja about the major findings of the report. While presenting the report she mentioned the objectives of the survey and study as “reporting the actual working conditions of women at their workplace, the number of the women affected by sexual harassment at workplace in various sectors, the level of awareness among the respondents (male and female) about the sexual harassment laws, finding out the rate of compliance of the laws, the number of women benefitted by the sexual harassment laws.” While mentioning the key findings she revealed some eye opening facts such as “only 26 % women occupy the managerial position.55 % women felt discomfort and fear while talking on the issue of their sexual harassment or colleagues. 60 % women are sexually harassed at the workplace. 35 % accepted they are harassed, while 25 % said their women colleagues were harassed. Only 8 % victims filed complaint against sexual harassment in different forums such as; police stations, Mahila Thana, women helpline, complaint committee etc. 47 % sexual harassment cases occurred in unorganized sector, 28 % in private sector and 25 % in the government sector. 71 % of the harassed women were literate, while, 29 % were illiterate. 48 % women said that their employers take steps for their safety. Only 25 % respondents said that the sexual harassment complaint committee has been formed in their organization/institution. 97 % respondents said that their office does not display any folder or poster on awareness about laws relating to sexual harassment. 17 % total respondents and 20 % women respondents hardly were aware of the Vishakha Guidelines. 78 % respondents felt that sexual harassment has increased in the recent years.” Further, she also stated the recommendations provided in the report to the government stating that “the definition provided in the act must be specific, submission of quarterly report by complaint committee, awareness campaign by government for propagating the provisions of the related laws, training of the police officials, police personnel, magistrates on legal aspects, establishment of regulatory body to review the implementation of the sexual harassment laws.”

Legal training provided by Ms. Abha Singhal Joshi

Ms. Abha Singhal Joshi, the Supreme Court Adocate and the legal advisor to “Aap ki Kachhari” provided a valuable and informative speech on the legal aspects of the sexual harassment of women at workplaces. She said that we must keep three things in mind when we talk about the sexual harassment, those are; the Constitution of India, the legislations and the judgments. She further informed the participants that we have right to equality, right against discriminatory treatment based on gender, right to live with dignity, right to freedom of speech and expression and right to practice any business, trade, profession according to our choice. Moreover, the women also have certain special rights, such as, related to marriage, property, wages on workplaces etc.

She further added that despite several provisions for the protection of the right of women they have to face discriminatory treatment on the basis of gender, such as; not getting adequate and proper work/job, wages, facilities and sexual harassment. While taking on the issue of sexual harassment she discussed the Bhawri Devi Case or the Vishakha Vs. state of Rajasthan case (where a social worker was brutally gang raped by the men) and said that in this very case for the first time a guidelines was laid down by the Supreme Court in the year 1997. Thereafter, in the year 2013 a specific legislation was enacted by the legislature named the sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013, she said. She informed the participants about the definition of sexual harassment provided under section 2 of the act stating that “any sexually physical contacts or advances, sexually implicit behavior, sexually coloured remarks on physical appearances and signs or symbols, showing pornography, promise of providing gains, threatening the women of bad consequences on her career in present or in future, are covered under the definition of sexual harassment”.

She also explained that a women who alleges that she has suffered sexual harassment at her workplace whether an employee or not will be covered under the definition of sexual harassment. Any government or private institution or organization, or any house hold will be included within the purview of workplace under the act, she added.

While discussing the prevention and complaint procedures, the duties of the employer she said that every employer is under duty to set up a complaint committee at their workplaces. Moreover, a local complaint committee has to be formed by the District Magistrate in every block of each district. Further, she said that the complaint shall be filed by the victim in written to the complaint committee. Thereafter, if the women would agree for conciliation then the matter would go for conciliation otherwise an inquiry will be conducted on the complaint received. Victim can go for 3 months leave after the complaint and can ask for transfer of the perpetrator or herself.  

Further discussing about the false complaint provision provided under section 14 of the act she said that “in most of the cases where such complaints are lodged, the women are further victimized by stating that the women filed a false complaint.”   

Speech by Ms. Indira Jena

Ms. Indira Jena, the Co-founder of NIRNAYA and the feminist activist gave an excellent speech which was so effective that there was a pin drop silence in the entire hall. She started her narration with some of her personal experiences in life relating to the physical, mental, psychological and sexual hazards faced by women starting from home to the workplaces and the world outside. She shared one of such incidence of sexual harassment with a nurse working in her uncle’s hospital to which she was the witness, when she protested such uncivilized behavior she was also harassed by the perpetrator. During that time she was a child and was scared of the whole incident and suffered mental agony. When she discussed this incident with her parents even they were not able to take any action because of the family web. Moreover, also shared that when she was working with a bank she had to face odd behaviours by her male seniors which made her feel uncomfortable but she was not able to protest. After a very long period of time she was able to raise voice against her perpetrators. Further, she also said that when the women organizations including her was protesting against the sexual harassment of women at workplace, then also they had to faced several hazards and the protest was not very successful.

Citing these incidences she said that these incidents occur with most of the women and girls but they suffer in silence. She emphasized that the women must show a stringent attitude against these incidents and they must send a strong message by protesting against atrocities that enough is enough and any kind of violence against women cannot be tolerated any longer. Further, she said that Mahila Jagaran Kendra has been working on the issues of sexual harassment since long period of time excellently and that they will further carry on their tasks with honesty, passion and zeal.         

Speech by Ms. Kirti

Ms. Kirti first of all acknowledged the valuable legal info provided by Ms. Abha Singhal Joshi. She also appreciated the guidance provided by Ms. Indira for further taking forward this issue. While delivering her speech she said that women have not been treated at par with the men in our society from the very beginning and our laws made for the protection of women are evident to this fact. The women in our society have always been subject to atrocities and discriminatory treatment. Therefore, first of all we need to develop such environment where there could be a balance between men and women. She further emphasized that together we all need to address this issue as it is a social concern. Moreover, giving a boost to the participants present in the consultation she said that the women who have faced sexual harassment or rape or have suffered from loss of dignity must not get disheartened and must come forward to deal with the odds as, so that they may serve as a example for them.      

Presentation of the case by the victims

Two cases of sexually harassed women were narrated by the victims themselves who have struggled and are still struggling for justice. They have been an ideal for the other women who have or had suffered from sexual harassment at workplace.

While narrating her case, the Associate Professor of IGIMS said that she was being harassed by the Director of the IGIMS, Mr. Arun Kumar continuously since her appointment in 2011. While narrating the whole incidence she said that she was physically, mentally and sexually harassed by the Director. She was also assaulted by the aides of the Director in the IGIMS campus itself. The Director has lodged several false cases against her in order to prevent her from seeking justice. She also said that she is in a very bad financial condition still she is fighting for justice.

The legal advisor of BELTRON Bhawan said that although she was not sexually harassed, but, her peon was harassed by the senior officers. When Ms. Shivani filed a case against the perpetrator she was sacked from her job along with the victim as a punishment for helping out the victim. Thereafter a long legal battle continued for 2 years and lastly she got victory in her case as justice was delivered.

Open session

In the open session many questions of legal aspects were raised by the participants:

Question: If a case is pending in the High Court, then in that case can the parties approach the Supreme Court?

Answer provided by Abha Sinhgal Joshi: The parties can approach the Supreme Court under special leave petition under Article 136 and Art. 32 of the Constitution of India.

Question: If a person stares women for more than 15 minutes then will it come under the purview of sexual harassment?

Answer provided by Abha Sinhgal Joshi: It depends on the interpretation of the court.

Question: How could the law students be helpful to this campaign against sexual harassment of women at workplace?

Answer provided by Abha Sinhgal Joshi: By associating with the NGOs and providing legal aid to the needy.

Recommendation

The panel of guests agreed to the recommendations provided in the report. They did not make any further recommendations.

Vote of thanks

Ms. Shaila Parween, the Programme Officer of Mahila Jagaran Kendra gave the vote of thanks to the guest, participants, staffs and the volunteers present in the event. 

Meetings for Planning the campaign 

Regular meetings held among the core committee members, members of sexual harassment complaint committee, persons from funding organization for the planning and strategy of the whole project.

Introduction to the Campaign

Since the human civilization came into existence women have not been treated at par with men. They have been treated as a commodity or object of sex and pleasure and child bearing machine. The women have been denied dignified existence in our society since the very beginning. They are being subject to different forms of atrocities from household to the workplace. Our male dominated society is not accepting their contribution to the development and the state has pushed to the status of second citizen. Various methods of persecutions such as rape, sexual harassment, domestic violence, witch craft etc. have been used to subjugate them.

Since the economic liberalization in 1990s, more and more women have joined the workforce.  They have been working in the agriculture, factories, construction work and various government sectors & private sectors and thereby contributing to the economic growth and development.  Nonetheless, it is clear from various national and international reports that women are suffering from sexual harassment at the workplace.

The available data on sexual harassment reveals that women are not safe and not treated with dignity neither in the developed world nor in the developing world. The international organizations such as ILO, FAO, UNFPA, the World Bank and the United Nations have extensively reported on sexual harassment of women.

Different international conventions to which India is a signatory and the national laws, state laws and local laws in India on sexual harassment are also highlighted in the report. The provisions relating to sexual harassment are provided in UNO, CEDAW, ILO, Convention on the Elimination of all Forms of Discrimination Against Women, World Bank, European Union has been incorporated. In India, the Vishakha Guidelines, Justice Verma Committee Report and the sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 are some of the legislations to prevent and address the issues of sexual harassment. The Bihar government has not passed any law in this regard. Moreover, it is also not taking adequate measures to implement the Vishakha Guidelines and the sexual harassment law passed in the year 2013.             

In India, the cases of sexual harassment do not come in the spot light as media does not report the cases of sexual harassment at workplace unlike the cases of physical aggression – rape, molestation, domestic violence, murder, etc. Women just bypass it for fear of being stigmatized and being thrown out of employment, and being ostracized by family members. Bedsides, the management also overlooks this matter and police is not sensitive enough to register these cases. The condition of working women in Bihar is even worse. The sexual harassment cases do not come in light as women are not vocal, even if any woman complaints to the management/police/other authorities on such matter, they are not sensitive to take up such cases and the women is further victimized.

Background of the Campaign 

According to the available data, Bihar and especially Patna is no less than any other state or any country in case of sexual harassment of women at workplace and other atrocities as well. It also haves a large number of such cases which occur endlessly, but most of them are unregistered and no data is available for accessing the number of such occurrences.

The condition of the working women in Bihar is even more pathetic. Even if such cases comes in lime light, the police administration and courts do not show their least interest in providing redressal to the victim. Rather, the victim is further victimized by them as well as the society. The government is also indifferent about the condition of women more specifically the working women. As, the government does not have any record relating to the cases of sexual harassment of women at workplace, it is difficult to get a clear idea about the situation. Even if the government is taking certain steps such as setting up the local complaint committee, it is not known to anyone. Thus, the impact of these steps are nil.

Therefore, the campaign has undertaken the responsibility as well as the challenge to curb sexual harassment of women at workplace. 

About Mahila Jagaran Kendra 

Mahila Jagran Kendra (hence forth MJK) began as a women’s group in 1992, with a vision of empowering women to fight against various forms of violence in society.

The group was formally registered as an NGO in the year 1994. MJK primarily works with women and adolescent girls in 25 villages of Daniyawa block in Patna district. Some of the major activities of the organization over the past several years include organizing women and adolescent girls into groups at the village level and building their awareness around issues related to violence. 

The organization conducts training programmes and workshops to continuously expand women’s information base through their” Soochna Kendra’” (information centers) for a cluster of villages. Each village also has a “Mahila Jagaran Sanghathan” and a “Mahila Jagaran Kendra” (Women’s Resource Center) where women are encouraged to come and discuss various issues and more importantly a space for women to speak and share their problems and concerns. MJK runs non-formal adult education centers for women In villages and also works with adolescent girls through an organized forum such as “Kishori Sanghathan’s”.

The organization has been taking the lead in raising the issues relating to the women atrocities. The organization has done remarkable work relating to the Witch Craft Hunting in the various districts of Bihar, it has also its family counseling center running in various districts of Bihar, and moreover it is also working on the implementation of the Domestic Violence Act, 2005 for providing speedy justice to the women facing domestic violence. The organization has also been running a campaign on ending violence against women, named as We Can Campaign. Recently, the organization has also been working for the proper implementation of the sexual harassment law (The Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013.