Combating Harassment: Legal and Social Approaches
This article has been written by Saheel Baiymaad, a Student of 5th Year Law at Vivekananda Institute of Professional Studies.
Harassment is prevalent in many countries, manifesting as offensive and unwelcome behavior that severely affects a victim’s rights and well-being. It can be verbal, visual, or physical. When repeated, it escalates into bullying.
Various sections of the Indian Penal Code address workplace harassment:
- Section 503 deals with criminal intimidation.
- Section 504 addresses intentional insult with intent to provoke a breach of peace.
- Section 354A targets sexual harassment, including physical contact, unwelcome sexual advances, demands for sexual favors, showing pornography, and sexually colored remarks.
Additionally, social media harassment is an emerging concern, involving the use of the internet to stalk, intimidate, harm, or disgrace someone. Examples include abuse, harassment, trolling, framing, and other forms of cyberbullying. Types of social media harassment include:
- Concerned Trolling
- Cyberstalking
- Cyberbullying
- Cyber-Mob Violence (Dogpiling)
Strategies to Prevent Harassment
- Creating a Healthy Workplace Environment:
- Implementing sound policies
- Offering comprehensive prevention training
- Changing organizational culture and climate
- Focusing on Gender Harassment:
- Enhancing attention to gender harassment in policies
- Combining anti-harassment efforts with civility promotion programs
- Increasing Transparency and Accountability:
- Developing clear, accessible policies on sexual harassment
- Sharing these policies and behavior standards
- Leadership Involvement:
- Leaders should publicly take responsibility for addressing harassment and set an example for all managers.
- Increasing the number of female managers and executives can be beneficial, as women are more likely to believe victims who come forward with complaints.
Society's Role
As a society, we must take initiatives against harassment. It is crucial to speak out against any wrongdoing and pursue legal action when necessary. The government must enforce strict penalties to deter future offenses.
Leading Case Law
Vishaka v. State of Rajasthan & Others (1997): This landmark case led to the enactment of the Criminal Law (Amendment) Act, 2013, which recognized sexual harassment as a distinct offense. The Supreme Court provided guidelines for dealing with sexual harassment at work, known as the “Vishaka Guidelines.” The court ruled that sexual harassment at the workplace violates a woman’s fundamental rights to equality, life, and liberty.