CHAPTER-VI

PREVENTION AND CONTROL OF SEXUAL HARASSMENT

An ounce of prevention is worth a pound of curer.”

- Benjamin Franklin
6.1 Introduction
Sexual Harassment was generally understood as a private wrong and
consequently was often trivialized or ignored in the past few decades. The
position of women was very poor. But, now the position has changed up to an
extent. The concept of sexual harassment of women is no more trivial or personal
wrong. Separate legislation has been enacted to deal with this specific offence.
Sexual Harassment is actually a manifestation of gender-based discrimination, a
violation of fundamental rights granted by the Indian Constitution and also an
encroachment on the right to work in a safe environment. The women of 21st
century are modern and very well handle their personal and professional lives
equally and easily. Women are going outside for work. They are not more an
article used for the beautification of home. They are on top positions and can do
anything which they decided to do. The women are working in every field like
armed forces, naval forces, air forces etc. and with their best efforts. Still there are
some barriers which seriously affect their working capacities. They are harassed
at the workplaces. It totally causes adverse affects on their healthy work
environment and restricts them to work as expeditiously as they can. Several
negative effects on their health are noticed in various studies done on this issue.
Anxiety, depression, reclusion, reduced self-esteem, stress disorders, loss of
confidence and morale etc are some of the after-effects of this social menace. A
recent study in London found that due to the evil of sexual harassment of women
at workplace, the women are more prone to Type 2 Diabetes which is the result of
tension and anxiety which affects our digestive system1.

1
Nabh Chhor, Incidences of Sexual Harassment of Women at Workplace may cause Diabetes-II
to women, London Survey Report, 14 November 2017. p.6

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 So, it is the duty of the employer to provide safe working environment for
his employees. This will generate healthy work environment and also increase the
work productivity.
The Sexual Harassment of Women at Workplace Act, 2013 is passed with
a view to eradicate such evil. To give true and full effect to the provisions of the
Act, it is imperative to draw up and implement some preventive policies against
Sexual Harassment. Apart from ensuring fair and accountable procedures for
redressal and resolution, there should be an appropriate mechanism which is
accessible and will also ensure confidentiality2.
The main thing which should be kept in mind before making a policy for
sexual harassment is that the dignity of an employee is paramount. The workplace
policies can be the most effective tool for preventing the Sexual Harassment. The
main role of the policy is to ensure that the menace of Sexual Harassment does
not take place rather than being confined to responding to Sexual Harassment.
Law alone is not sufficient to counter the problem of Sexual Harassment at
Workplace as the same is often related with the behavior and attitude of the
people. Legislation may not be the best means to control a problem which is one
of society; what is important is to bring about a change in mentality, as many
women trade unionists have often pointed out…. efforts should be made to
indentify measures that would help to change behavior and attitudes, and this will
prevent Sexual Harassment3. It requires widest possible dissemination of the
policies and rules relating to sexual harassment so that all members of the
workplace should be aware of it. This policy must clearly sets out the manner in
which the issue of sexual harassment will be dealt along with the rights and duties
of each party4. A well drafted and implemented policy serves as an indicator to
employees that their employer cares about them and nobody is allowed to ill-treat

2
See generally Dr. B.N. Ray V. Ramjas College, W.P. (c) No 4427/2008 (21.05.2012, Delhi High
Court)
3
Federation of Austrian Industry; Conditions of Work Digest, Vol. 11, 1/1992, “Combating
Sexual Harassment at Workplace,” ILO, Geneva, P. 238.
4
The objective is to develop an internal safety & self-regulatory mechanism for addressing the
issue of sexual harassment.

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the employees. The proper and effective work productivity totally depends on the
safe and best work environment provided to the employees. More they safe, better
they perform at the workplaces.
6.2 Prevention of Sexual Harassment
The most effective weapon against sexual harassment is prevention.
Harassment does not disappear on its own. In fact, it is more likely that when the
problem is not addressed, the harassment will worsen and become more difficult
to remedy as time goes on. It is an imperative on the part of employer to have a
clear cut sexual harassment policy. There have been various movements across
the world, where the necessity for employers, to have a properly documented and
well publicized policy to effectively deal with this issue of sexual harassment at
work has been reiterated5. The SC, also underlined the need for employers to take
all necessary steps to combat this problem when it held that it shall be the duty of
the employer or other responsible persons in workplaces or other institutions to
prevent or deter the commission of acts of Sexual Harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of Sexual
Harassment by taking all steps required6.” The SC directed further declared that,
“Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards
women at workplaces and no woman employee should have reasonable grounds
to believe that she is disadvantaged in connection with her employment.
It is pertinent to mention here that an absence of complaints about Sexual
Harassment in any organization, by no means, can be a criterion to judge that
Sexual Harassment does not exist. Rather, it may be that the victim is either not
sure of any policy relating to the problem or if, it is in place, she is not convinced
of the procedure or transparency of the whole system to deal with her complaint.
The victim may be afraid of being subjected to ridicule or reprisal or further

5
Code of Conduct by the European Communities Commission, Nov. 1991 as annexure to
Commission Recommendation on the Protection of the Dignity of Women and Men at Work,
Official Journal of the European Communities Vol. 35 No. L 49, 24th Feb. 1992, pp. 3-8
6
Vishaka V. State of Rajasthan AIR 1997 SC 3011.

198
victimization by the satyr, embarrassed or opt to suffer in silence. She may not
wish to be seen as troublemaker or may be due to compelling circumstances may
not afford to lose her job.
Following are some of the steps which may be adopted by the organization
to ensure wide accessibility and dissemination of the policy: -
(i) The policy should be made as a part of employment contract;
(ii) Generating awareness about the policy by including it in the orientation
programms of new members of the organization;
(iii) Translate the policy into relevant community language; for greater
accessibility to employees from linguistically different backgrounds the
employer should wherever required,
(iv) Training and education regarding the preventive policy should be
organized from time to time by the employer
By making such preventive policies, the employer is setting an example to
all the employees that he really wants to protect them from any kind of
harassment at the workplace. And if anybody found indulge in such type of
activities, then he will be punished as per the rules laid down by the legislation or
by the service rules. Thus, the researcher stresses on the formation of Sexual
Harassment Preventive Policies for curbing down the menace of Sexual
Harassment at the Workplaces. It would definitely be a positive step in the
direction of providing a safer place of work to all the employees which
automatically makes the working environment healthy.
The researcher here mentions that a handbook on Sexual Harassment of
Women at Workplace Act 2013 is released by the Ministry of Women and Child
Development in November 20157. The purpose of the handbook is to provide a
basic understanding of sexual harassment of women at places of work. This book
informs the worker/employee about workplace sexual harassment their right to an

7
Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act 2013 Govt. of India Ministry of Women and Child Development November 2015

199
informed complaint process in seeking redress as per the provisions of the Act in
a very simple and easy language.
This handbook contains six sections; each contains information for
women, male co-workers as well as their employers, on how to deal with sexual
harassment at the work place in the context of the Act8.
Section 1 of the handbook states the general introduction, as it gives the
genesis of the Act and the history behind it, as well as provides a brief description
of the Act itself. This section also describes the purpose of this handbook and who
it is designed for.
Section 2 defines a workplace and sexual harassment. It provides the
reader with key elements, such as examples of sexual harassment as well as
scenarios and the impact of such behavior.
Section 3 put much stress on the key individuals and institutions involved
in the prohibition and prevention processes and their responsibilities.
Section 4 is about redress. This section identifies and defines the key
players involved in the complaint mechanism. It discusses the stages of the
complaint process. Particular attention is paid to the complaints committee which
plays a very important role in this process.
Section 5 describes the monitoring requirements as per the Act.
Section 6 lists the important international frameworks and select best
practices on sexual harassment at the workplace.
The researcher under this chapter mainly focuses on the prevention and
prohibition of the sexual harassment of women at workplaces. Section 3 of the
handbook describes those who are both responsible and accountable to prevent
sexual harassment at workplaces. In other words we can say that who are the
preventive authorities under the Act and what are the responsibilities of the
authorities.
Firstly, it describes that who is an Employer?

8
Supra 7

200
An employer here refers to:
1. The head of the department, organization, undertaking, establishment,
enterprise, institution, office, branch or unit of the Appropriate
Government or local authority or such officer specified in this behalf.
2. Any person (whether contractual or not) responsible for the management,
supervision and control of a designated workplace not covered under point
1.
3. A person or a household who employs or benefits from the employment of
domestic worker or women employees.
Secondly, it describes that who is a District Officer?
The State Government will notify a
- District Magistrate
- Additional District Magistrate
- Collector
- Deputy Collector,
as a District Officer at the local level. He will be responsible for carrying
out the powers and functions under the Act at district level.
The law obliges the employer / District Officer to create a workplace free of
sexual harassment. In pursuance of that, the employer / District Officer have the
responsibility:-
(i) Create and communicate a detailed policy.
(ii) Ensure awareness and orientation on the issue.
(iii) Constitute complaints committee/s at every workplace so that the victim
is provided with a mechanism for redress of her complaint.
(iv) Ensure complaints committee are trained in both skill and capacity.
(v) Prepare an annual report and forward the same to respective State Govt.
(vi) District Officer will also appoint a nodal officer to receive complaints at
the local level9.

9
ibid

201
6.2.1 Sexual Harassment at Workplace Policy
Employer/District Officer are responsible for complying with prohibition,
prevention and redress of workplace sexual harassment. In practice, this means
having a policy that: (1) prohibits unwelcome behavior that constitutes workplace
sexual harassment; (2) prevention of workplace sexual harassment through
orientation, awareness and sensitization sessions; and (3) provides a detailed
framework for redress.
Policy Statements
These statements by themselves appear to be the most useful in preventing forms
of Sexual Harassment which involve behavior that is not aimed at specific
individuals such as offensive comments about women in general, or the display of
sexually suggestive or explicit material. The preventive policies should contain a
policy statement representing the organization position on the concept of Sexual
Harassment.
• Policy statement is a statement of intent and gives a clear message that in
the organization this is not appropriate workplace behavior.
• The organization should formulate the policy statement expressly
mentioning that particular workplace as “Zero Tolerance Zone” which
means that sexual harassment shall not be tolerated or condoned.
• The language of the policy statement should be clear, simple and
unambiguous.
• The term sexual harassment should be defined and explained with
illustration so as to make it clear that what amounts to sexual harassment.
• The policy statement should expressly declare that any/every act of sexual
harassment at workplaces may amount to misconduct for which the
delinquent employee should be liable to be punished.
• The policy statement should also require the reporting of incidence of
sexual harassment at workplaces to their boss or supervisor immediately.

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 • An alternative complaint route/procedure should be provided in the policy
for the cases where employer himself happens to be the harasser and it
would not be possible for the victim to report the matter to the perpetrator
itself.
• The policy statements should also declare that the confidentiality of the
identity of the victim is maintained.
• The Equal Employment opportunity commission, EEOC, emphasizes that
prevention is the best tool for the elimination of Sexual Harassment, has
stipulated clearly in its guidelines, thus:
“An employer should take all steps necessary to prevent Sexual Harassment from
occurring, such as affirmatively raising the subject, expressing strong disapproval,
developing appropriate sanctions, informing employees of their right to raise and
how to raise the issue of harassment under Title VII, and developing methods to
sensitize all concerned10.”
6.2.2. Objective of Policy
The objectives of having a policy at the workplace are follows:
1. It implements and enhances equal employment opportunities and
highlights their commitment in this regard.
2. It supports business interests as they cannot afford to lose staff.
3. It horn their reputation in the market with this stamp of good employment
practice.
4. It safeguards themselves against future expensive, stressful and time
consuming legal actions that may arise from such suits.
6.2.3. Basic Contents and Features of a Sexual Harassment Policy
Generally, the Sexual Harassment Policy is made to prevent the evil of Sexual
Harassment at Workplaces. It is an unavoidable fact that a strong opening
statement shall give the policy greater credibility and high impact. So, it is very
necessary that the preventive policy should be aptly and properly made by the

10
29 CFR 1604 II (f)

203
employer. Some of the basic contents and features of a Sexual Harassment
preventive policy are as follows:-
(i) An accurate and clear explanation of the term ‘Sexual Harassment’;
(ii) Proper assurance to employees who are acting as the party to a claim of
sexual harassment that they will be protected;
(iii) Confidentiality of the complaint, complainant, witness and the entire
investigation process should be maintained by the employer;
(iv) Procedure for adjudicating claims of sexual harassment;
(v) Making the policy gender neutral so that the focus remains on checking
the appropriate behavior and making the work environment dignified for both
men and women. The Sexual Harassment Act of 2013 specifically provides
protection to women against the menace of sexual harassment. But the employer
is free to choose the policy which is gender neutral also.
Additionally, the sexual harassment policy must contain the specific details on the
following:-
(i) The scope and extent of policy.
(ii) The manner in which the complaint will be investigated.
(iii) The time frame within which the investigation process will be completed.
(iv) Manner of dealing with the complaint when the harasser is an outsider.
(v) The availability of the alternative dispute resolution (conciliation) to
resolve the complaint and Remedies available if the claim of sexual harassment is
proved.
The Canada Labour Code provides, “Every employer shall, after consulting with
the employees or their representatives, if any, issue a policy statement concerning
Sexual Harassment.11”
It provides that such a policy statement must contain the following:
(a) a definition of Sexual Harassment that is substantially the same as the
definition in section 247.1 (of the code):

11
Canada Labour Code, Section 247.4 (1), available at www.canlii.org

204
 (b) a statement to the effect that every employee is entitled to employment
free of Sexual Harassment:
(c) a statement to the effect that the employer will make every reasonable
effort to ensure that no employee is subjected to Sexual Harassment:
(d) a statement to the effect that the employer will take such disciplinary
measures as the employer deems appropriate against any person under the
employer’s direction who subject any employee to Sexual Harassment.
(e) a statement explaining how complaints of Sexual Harassment may be
brought to the attention of the employer;
(f) a statement to the effect that the employer will not disclose the name of a
complainant or the circumstances related to the complaint to any person
except where disclosure is necessary for the purpose of investigating the
complaint or taking disciplinary measures in relation thereto; and
(g) a statement informing employees of the discriminatory practices
provisions of the Canadian Human Rights Act that pertain to rights of
persons to seek redress under the Act in respect of Sexual Harassment.12”
The judgment of United States Supreme Court in the case of Meritor Savings
Bank V. Vinson13 can be noted here in this context. The facts of the case stated
that the employer bank had an express policy against discrimination. Taking it
into consideration the district court held that the employer bank was not
vicariously liable for the alleged sexually harassing behavior of the supervisor as
neither the complainant nor any other employee ever bothered to lodge a
complaint about sexual harassment by the alleged harasser. Reversing this order
the Supreme Court rejected the bank’s contention that the mere existence of a
grievance procedure and a policy against discrimination, coupled with the
complainant’s failure to invoke that procedure, must insulate bank from liability.
Rehnquist Justice said, “While those facts are plainly relevant, the situation before
us demonstrates why they are not necessarily dispositive. Petitioner’s general

12
ibid
13
477 US 57 (1986), www.worldlii.org

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non-discrimination policy did not address Sexual Harassment in particular, and
thus did not alert employees to their employer’s interest in correcting that form of
discrimination.” Moreover, the bank’s grievance procedure apparently required an
employee to complain first to her supervisor, in this case the alleged harasser. It
was, thus “not altogether surprising that respondent failed to invoke the procedure
and report her grievance to him.” He further said, “Petitioner’s contention that
respondent’s failure should insulate it from liability might be substantially
stronger if its procedures were better calculated to encourage victims of
harassment to come forward.14”
6.2.4 Proper Dissemination of the Policy
This is the main point which should be kept in consideration after enacting a
sexual harassment policy. The policy only on paper neither serves the purposes
nor proves to be instrumental in preventing the problem unless it is circulated and
disseminated amongst the employees15. The victims might not even know whom
they should approach for help, how to complain and how their grievances
redressed. This will help them in choosing the proper direction to follow for
redressal. So, it is the duty of the employer that the policy should be properly
circulated or disseminated amongst the employees. It would also make the
employees aware of their rights, and duties in case of commission of Sexual
Harassment. There may be various methods of disseminating the policy:
publishing in handbooks, posters and notices also making it available on the
website of the organization so that it can be easily accessible by employees, in the
today’s arena of technological advancement.
Circulars, periodicals, newsletters
discussion on this menace of sexual harassment at staff meetings.
The Supreme Court of India in the case of Vishaka V. State of Rajasthan16 said
that, “Express prohibition of Sexual Harassment at the workplaces should be

14
Supra 13
15
Ritu Gupta, Sexual Harassment of women at Workplace, Lexis Nexis, 2014, p.233
16
AIR 1997 SC 3011

206
notified, published and circulated in appropriate ways.” The court further declared
that, “Awareness of the right of female employees in this regard should be created
in particular by prominently notifying the guidelines in a suitable manner.17The
judgment of court in the case of Faragher V. City of Boca Raton18 is an apt
illustration to depict employer’s obligation to effectively disseminate the Sexual
Harassment policy. In this case the employer, (City of Boca Raton, Florida) had
adopted a Sexual Harassment policy in the form of a memorandum from the City
Manager addressed to all employees. After about four years the City revised the
policy and reissued a statement of it. Although the City might actually have
circulated the memos and statements to some employees, it did not disseminate its
policy among employees of the Marine Safety Section, with the result that the
employees of that section were unaware of it. Consequently, the City entirely
failed to disseminate its policy against Sexual Harassment among the beach
employees and its officials made no attempt to keep track of the conduct of
supervisors who sexually harassed the complainant. The city’s policy did not
include any assurance that the harassing supervisors could be bypassed in
registering complaints.
After taking into consideration all the facts of the case, Souter, J., held, “As a
matter of law that the City could not be found to have exercised reasonable care to
prevent the supervisors’ harassing conduct.” The Judge said that while the
employer of a small workforce might expect that sufficient care to prevent
tortuous behavior could be exercised informally, “those responsible for city
operation could not reasonably have thought that precautions against hostile
environments in any one of many departments in far-flung locations could be
effective without communicating some formal policy against harassment, with a
sensible complaint procedure.”19

17
Guideline 9 as laid down by the court in Vishaka V. State of Rajasthan
18
524 US 775 (1998)
19
Supra 18

207
6.2.5. Time to time Updation of the Policy
This is also an imperative on the part of employer to update the policy from time
to time. With the passage of time, if any trouble spot identified in the policy, then
the employer should, according to the best suited criterion, correct it or update it.
The updation exercise may also be carried out periodically after taking into
account latest developments and changing’s in the area. As we all know that law
is not to be static, it keeps on changing with the changing needs of the society.
Similarly in this context, these policies are also to be updated according to the
changing demands of workforce.
6.2.6. Effects of the Sexual Harassment Policy
To have a sexual harassment policy at a workplace not only decreases the
incidences of sexual harassment of women at workplace significantly but also
increases the likelihood that the victim reports the incidents. This will
automatically enhance equal employment opportunities and also highlights the
commitment. It is a positive point regarding its reputation in the market with this
stamp of good employment practice. By having a safe work environment, free
from any kind of sexual harassment, also increases the work productivity. The
employer by setting out a proper sexual harassment policy will also safeguard
themselves against future, expensive, stressful and time consuming legal actions
that may arise from such suits.
6.3 Responsibility of Employer
The burden of preventing sexual harassment rests on the employer. In the United
States, Canada and is some European Union Member States, employers are
responsible for providing their employees with a work environment that does not
discriminate and is free of harassment. Employers are, therefore required by law
to take steps to prevent and deal with harassment in the workplace. If the
employer has not taken all reasonable steps to prevent and deal with harassment
in the workplace, the employer may be liable for any harassment which does
occur, even if unaware that the harassment was taking place. The United States, in
particular, has a well-articulated standard of employer liability for sexual

208
harassment committed by an employee. Most successful preventive strategies and
plans on sexual harassment require the involvement of all those concerned and a
clear statement of intent. The statement of intent should reflect a real commitment
from all parties concerned to recognize the importance of the fight against sexual
harassment in the workplace. This is usually accompanied by the establishment of
a written policy. Anti-harassment policies explain what harassment is, tell all
employees that harassment will not be tolerated, and set out how employers and
employees should respond to incidents of harassment. These policies should also
set forth a detailed mechanism by which employees can make complaints when
sexual harassment occurs. Having an anti-harassment policy does not mean that
there will be no harassment complaint. However, having an effective policy and
procedures, coupled with anti-harassment training for all staff, will assist in
preventing harassment and support individuals who are being harassed to come
forward and ensure that the problem is addressed quickly and effectively. In the
United States, courts have held that an employer who responds quickly and
effectively to a complaint by taking steps to remedy the situation and prevent
future harassment will not be liable to the same extent, if at all, as an employer
who fails to adopt such steps.20 Below are some measures that employers can take
in order to create a harassment free workplace, based on guidelines from the
British Columbia Human Rights Commission manual Preventing Harassment in
the Workplace:
• This fact should be clearly underlined that this is a workplace where
harassment will not be tolerated.
• To provide education and information about harassment to all staff on a
regular basis. The circulation of information, open communication and
guidance is of particular importance in removing the taboo of silence
which often surrounds in the cases of sexual harassment. Information
session, personnel meetings, office meetings, group discussion and

20
www.googleweblight.com, accessed on 20 March 2018.

209
 problem-solving groups can prove very effective in this respect. Staff
should also be informed of the best way of coping with aggression by
means of guidelines and staff development programs on sexual harassment
at work.
• To develop an anti-harassment policy together with employees, managers,
and union representatives.
• To communicate the policy to all employees
• Make sure that all managers and supervisors understand their
responsibility to provide a harassment free work environment.
• Ensure that all employees understand the policy and procedures for
dealing with harassment-new and long-term employees alike-this involves
training, information and education.
• Make sure the policy applies to everyone, including managers and
supervisors to show the fact that you really mean it. No one is exempted.
• Promptly deal with all complaints of harassment and investigate into the
matter as expeditiously as you can.
• Appropriately discipline employees who harass other employees.
• To provide protection and support for the employees who feel they are
being harassed.
• Take quick action to eliminate discriminatory jokes, posters, graffiti, e-
mails and photos at the work site.
• Supervise, monitor and revise the policy and education/information
programs on a regular basis to ensure that it is still effective for your
workplace.
• The employers should provide a mechanism for addressing sexual
harassment in a confidential and sensitive manner after a grievance has
been filed.

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6.4 Responsibility of Employees
In addition to the employer’s responsibility to provide a non-discriminatory and
non-violent workplace atmosphere, employees must also assume an active role in
the prevention of sexual harassment. Employees should commit to do the
following:
Understand
• Become familiar with the organizations policy on sexual harassment;
• Observe ones feelings, attitudes, and behaviors in relation of sexual
harassment;
• Check that behavior corresponds with the expectations and behavioral
requirements of the sexual harassment policy of the organization.
Observe
• Aware and conscious of engaging in potential sexual-harassment
behaviors at work.
• Soft spoken to individuals who may be offended by the verbal and non-
verbal behavior of others;
• Be aware of the forms of sexual harassment;
• Discourage sexual behaviors that negatively affect work.
Examine
• Give attention to the response of others in order to avoid unintentional
offence;
• Do not think that employees or co-workers enjoy or want to hear stupid
jokes or sexually oriented comments about their appearance, or be touched
stared at, flirted with, or propositioned for dates or sexual favors;
• Examine your verbal or non-verbal behaviors might have a negative
impact on other co-workers attitudes toward work;
• Observe your behaviors, gestures, and comments. Ask yourself, “Could I
unknowingly be encouraging sexual interplay by the way I interact or
communicate?”

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 • Take the issue of sexual harassment seriously. If you think you are being
sexually harassed, do not increase the action of the harasser by smiling,
laughing at his/her jokes, or flirting back.
Confront
• Confront the sexual harasser immediately.
• Tell the harasser that his behavior affects you negatively.
• Tell the harasser what behaviors you find offensive.
Resolve
• Take confidential advice to develop your personal resolution strategy;
• Document all the incidents of sexual harassment. Be detailed, precise
about date, time location etc.
Support
• If you know someone who is being harassed, give him or her support.
• If you actually see or hear an incident of sexual harassment or are
subjected to an offensive environment, you can also take the appropriate
steps to resolve the harassment.
• When a recipient files a complaint, if possible, support him or her
throughout the complaint process.21
6.5 Initiatives taken by the Government
SHe Box:-
It stands for Sexual Harassment Electronic Box. This box is hosted on the
website of WCD Ministry, seeks to ensure effective implementation of the Sexual
Harassment of Women at Workplace Act, 2013. Once a complaint is made, it will
directly sent to ICC of department or organization etc. concerned having
jurisdiction to inquire into the Matter22. Union Minister Maneka Gandhi launched
‘SHE-box’, an online Portal for Women, facing sexual harassment at workplaces
on 25th of July, 2017. This portal is an initiative to provide a platform to women
working or visiting any office of Central Government, Public Sector
21
www.googleweblight.com
22
www.livemint.com, assessed on 20 November 2017.

212
Undertakings, Autonomous Bodies and Institutions etc) to file complaints related
to sexual harassment at workplace under the Act.
If any woman had already filed a written complaint in the ICC of the
concerned Department, Institution etc., then she is also eligible to file her
complaint through this portal.
This facility has been extended to employees of Central Government only.
Women employees of private sectors are excluded under it.
Through this portal, WCD as well as the complainant can monitor the
progress of inquiry conducted by the Internal Complaints Committee. This step of
WCD Minister Maneka Gandhi is very inspiring and positive in the direction of
protection of women.
One stop centre Scheme:-
It is an initiative of Union Government under the ‘Nirbhaya Fund’ for
women safety pertaining to strategic areas of prevention, protection and
rehabilitation.
Under this Scheme, all kinds of assistance including legal, Police, medical
help, counseling, temporary support services are provided to women affected by
violence.
The working and function of One-Stop Centre has to be monitored by a
Committee under the Supervision of Deputy Commissioner.
This scheme is established by the Union Government and funded through
Nirbhaya Fund. On 16 December, 2012, Nirbhaya was gang raped in a bus.
People came out on roads to fight to get justice for Nirbhaya.
The then, Prime Minister, Manmohan Singh established a fund of Rs.
1000 Crore named ‘Nirbhaya Fund’ to provide assistance to women against any
type of harassment, violence.
The first One Stop Centre was opened in Raipur, Chhattisgarh and
working efficiently for the protection of women.
The second One Stop Centre was opened in Karnal named ‘Sakhi’ for
giving all type of assistance to women under one roof.

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 The Centre, opened under a Union Government Scheme, would provide
help to sexually, mentally and emotionally harassed women.
But, the irony of our society is that such type of policies remains only on
papers. In a report23 by Piyush Babele, published in Dainik Bhaskar on 19
November, 2017, 90% of Nirbhaya Fund is as it is. No proper utilization of fund
is made by the Centre Government. Various issues are mentioned in the report
which is not taken into consideration by the Government:
¾ 900 CCTV Cameras are to be installed at railway stations but yet no action
taken in this direction.
¾ One stop Centre is not still opened in Delhi, where Nirbhaya was brutally
raped. Is this is not a gross negligence on the part of Government?
¾ A Universal helpline 112 has to be started under the IRSS Scheme. 321 Crore
rupees are funded in the scheme. But still, no work done in this direction.
¾ No rules and regulations for prevention of Women from Cyber Harassment.
Only fund has been generated but not used in this direction.
This clearly shows the negligence on the part of Governments. Merely by
generating funds for safety of women is not sufficient, the government should
utilize that fund properly.
6.6 Campaigns on Social Media
In today’s modern world, social media is playing a very crucial role. It is a
phrase that we throw around a lot these days, often to describe what we post on
sites and apps like snapchat, twitter, facebook, whatsapp and many others.
Everyone is using social media these days. It has become an inseparable part of
life of people. It has some advantages and disadvantages too. It is not necessary
that social media is always used in a negative sense. Some positive aspects also
came in front of us which proves that social media is a strong weapon in our
hands if we use it wisely. A campaign is gaining force on social media these

23
Piyush Babele, Dainik Bhaskar, “Nirbhaya Ke Panch Saal : 90% fund Rakha Reh Gya”, 19
November 2017

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days24. This word was first used in 2006 by a social worker Tarana Burke to fight
against the violence done against women. She appealed to women to share their
experiences through it. In 2017, again this word is gaining importance on social
media.
Me Too (hashtag) is a social media campaign where thousands of women
are sharing their personal stories about any kind of sexual harassment or sexual
assault faced by them.
On Twitter, women send many tweets to detail their horrifying incidents
of sexual harassment which they had faced in any phase of their life.
Millions of people have used the hashtag to come forward with their
experiences, which are buried by them because they don’t have enough courage to
talk about the worst experiences. According to a report25, Me-Too campaign has
become the Time person of the year (2017). This campaign is appreciated
globally and almost around 3 crore people are associated with it. The woman,
who after associating with this campaign, fight against the injustice done with her
is crowned with the title of silence breaker. According to a survey conducted by
Times, 82 of women admitted that they got enough courage to fight against sexual
assault & harassment done with them, due to this Me-Too Campaign.
The researcher analyzed that such type of social media campaigns give
courage to women for at least writing down about their worst experiences. This
will make the victim feel light and also to come out from a long depression. As
we all know, when we saw someone facing same experience and that person is
fighting against that experience, in that case, we also feel to fight against the
violence committed on us. This type of campaigns will only help us in showing
the direction but we should walk on the path with our own courage. Remaining
silent is not the solution of any problem. So, break the silence and start speaking

24
In October 2017, this campaign is started on Social Media.
25
Agency, Newyork city, Me-Too Campaign become the 2017, Time Person of the year, Dainik
Bhaskar, 7 December, 2017, P.1

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up about such type of harassments or assaults. This will definitely help the victim
or harassed women to come out from the dilemma, she had faced.
6.7 Critical Appraisal
After discussing the prevention of Sexual Harassment, preventive policies,
initiatives by the Government and social media campaigns, the researcher
concluded that for combating with the menace of Sexual Harassment, there should
be some preventive or curative mechanisms. Law alone is not sufficient to counter
the problem of Sexual Harassment at the workplace as the same is often
associated with the behaviors and attitudes of the people. There should be
something in addition with that enactment. To effectively deal with this issue of
Sexual Harassment at workplace, the employer should strive to have a properly
documented and well published policy. In the case of Vishaka V. State of
Rajasthan, the Supreme Court also underlined the need for employers to take all
necessary steps to combat with the problem. It is the duty of the employer in any
organization to maintain a workplace free from all kinds of harassment taking due
care of the dignity and respect of its employees. They should ensure that the
complaints are noticed properly and due procedure is followed. By making such
preventive polices, the employer is setting an example to all the employees that he
really wants to protect them from any kind of harassment at the workplace. It
would definitely be a positive step in the direction of providing a safer place of
work to all the employees which automatically makes the working environment
healthy. One more thing that is important to mention here is that it is an implied
duty of the employer to disseminate the policy properly. Simply the formation of
policy is not sufficient, it should be make known to the employees too. Time to
time updation of the policy is also required to make it a valuable piece of
document. The researcher also mentions the sexual harassment policy of United
States of America, Canada Labour Code and handbook released by the Ministry
of Women and Child Department to have a detail and deep analysis of the
importance of a Sexual Harassment policy at Workplace. There is a well known
proverb that “prevention is better than cure”. Same thing has also to be adopted

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by the employer in any organization. By adopting such measures, the employer
indirectly benefits his own interest, as this well safeguard the employer against
future expenses, stressful and time consuming legal actions that may arise from
such suits. As per policy of U.S.A., the employer should also prevent the
workplace harassment by understanding the policy, observe the behavior of
others, examine that how you behave in such a situation, resolve the problem by
keeping the documents which are in your favor and finally also support your co-
worker, colleagues, if they faces any type of harassment at the workplace. In this
context, the researcher believes that law supports only those who support
themselves. It means employees should also pay attention towards such incidents
and should have enough courage to fight against the wrongs, committed to them.
In India, despite of having legislation in this regard, several initiatives are also
taken by the Government like She Box. This Box is hosted on the website of
Women Child Department, to ensure effective implementation of Sexual
Harassment of Women at Workplace Act 2013. If any woman faces sexual
harassment at workplaces, then she can directly file her complaint on this web-
portal. Union Minister Maneka Gandhi launched this portal on 25 July, 2017. It is
a very good initiative taken by the Government in the direction of protection of
women. But this web portal has been extended to employees of Central Govt.
only. Private sector employees are excluded under it. The another initiative taken
by the Government is the opening of one stop centre for providing all kinds of
necessary assistance including legal, police, medical help, counseling, temporary
support services, under one roof. This scheme is established by the Union
Government and funded through Nirbhaya fund. But, the irony of our society
schemes remains only on papers. A report, published in a newspaper, reveals that
90% of Nirbhaya Fund is not utilized by Government. It is kept as it is. The
researcher felt that making law is not a big challenge in our society, proper
implementation of that law, as per letter and spirit of the enactment, is a serious
challenge. The researcher also mentions a campaign named as “Me-Too
Campaign” under which women who had faced sexual harassment are sharing

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their worst experiences through social media. The researcher is of the view that
sometimes a victim doesn’t have enough courage to fight against the wrongs
committed to her, whatever may be the reason, in that situation such type of
campaigns are really proved helpful. More and more women are sharing their
experiences. Me Too campaign has become the time person of the year in 2017.
The researcher felt that remaining silent is not a solution to any problem. Start
speaking and this will definitely help the harassed women to come out form the
dilemma, she had faced. The researcher after discussing the importance of
preventive policies in curbing down the evil of sexual harassment of women at
workplace come to a conclusion that these policies acts like a preventive cover
and if formed properly makes the workplace a place free from sexual harassment.
The researcher move on to the next chapter of the research work which put some
suggestions and chapter wise conclusion of the research work.

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