CHAPTER CONTENTS.
I
1. Introduction.
2. Research Problem.
4. Hypothesis.
II
5. Literature review.
RESEARCH METHODOLOGY
III
a. Research design.
c. Sampling.
d. Collection of data.
e. Data Analysis.
IV
f. Findings.
h. Bibliography.
i. Appendix.
2
CHAPTER - I
INTRODUCTION
3
the work place. This offence is the most glaring example of human
took note of the fact that the present Civil and Penal laws in India do
RESEARCH PROBLEM
1
Dr. Mamta Rao, Law Relating to Women and Children (2005), P. 138
2
1997 (6) SCC 241
4
whether the State Government had done any thing against the
Constitution, which guarantees the right to life and liberty to both men
and women. It is time to take decisive steps to curb this evil and make
rather than minutes. Most cases are not reported by victims because
3
No person shall be deprived of his life and personal liberty except according to ‘procedure established by
law’.
5
HYPOTHESIS
CHAPTER - II
LETERATURE REVIEW
being used for effecting the employment of the female employee and
her.
sexual harassment.
8
CONSTITUTIONAL PROVISIONS
Court of India in 1997 held that the working women have rights to
4
Equality before Law, “The state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.”
5
Clauses (a) to (g) of Art. 19(1) guarantee to the citizens of India six freedoms, viz., of ‘speech and
expression’, ‘peaceable assembly’ ‘association’, ‘free movement’, ‘residence’ and ‘practising any
profession and carrying on any business’.
6
No person shall be deprived of his life or personal liberty except according to ‘procedure established by
law’.
9
Sections 354 and 509 of the Indian Penal Code, 1860 deals
regard to her modesty, the above sections will strictly apply and
to the nearest police station. The offences under section 509 are
WOMEN COMMISSIONS
9
I.d, P.735
11
CASE STUDY
and others Vs. State of Rajasthan and others,10 dealt with sexual
required.
implication) as:
of sexual nature;
guidelines:
Under the Indian Penal Code or any other law the employer
authority.
Preventive Steps:
women.12
12
Dr. S.C. Tripathi & Visha Arora, Law Relating to Women & Children, (2006), PP.22-25
16
women.
harassment.
maintained.
Miscellaneous Provisions:
13
Ibid.
17
Delhi High Court and the harasser was successful on the ground
that the chairman only 'tried to molest' but did not 'in fact molest'
14
1999 (1) SCC 759. The case is about a woman employee of Apparel Export Promotion Council, who
worked as the private secretary to A.K.Chopra, the Chairman of the company. She complained to the
personnel Director that the chairman was sexually harassing her. Despite her repeated protests, he was
making sexual advances by ‘trying to touch her’ and ‘sit close to her’. The company immediately
suspended him and ordered a departmental enquiry. The enquiry confirmed female employee’s position
that the chairman tried to touch her with a sexual motive and the chairman was dismissed from service.
18
filed appeal before the same High Court which was heard by
Bench agreed with the findings of single judge and reiterated that
harassment.”
destroy human dignity and freedom. In an effort to promote the well being
of all woman employees at the work place the following code of conduct has
been prescribed :-
15
Convention on Prevention of All forms of Discrimination Against Women,
Beijing Declaration on Women,
International Covenant on Economic, Social and Cultural Rights
21
such as :-
(i) Eve-teasing
(vii) Touching or brusing against any part of the body and the like
(x) Physical confinement against ones will and any other act likely to violate
ones privacy and includes any act or conduct by a person in authority and
work place hostile or intimidating to person belonging to the other sex, only
about 10 million women who have entered all fields from medicine to
16
Shobna Saxena, Crime Against Women and Protective Laws, (1999), P.230
23
apex court emphasized the need for an effective legislation in India to curb
the sexual harassment of working women and held that each incident of
violation of Human Rights. All human rights derive from the dignity and
worth inherent in the human person and the human person is the cultural
Freedoms for all without distinction, came out with an International Bill of
17.
Supra n.10, P.11
18
AIR - FEB 2009 – Journal section
24
(d) The Optional protocol, 1966 providing for the right of the
promotion and protection of all human rights. The following are the
Religion, and
Rights, 1948 deals with equality in dignity, rights and freedoms and
Social and Cultural Rights, 1966 also deals with discrimination of any
20
All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.
21
Everyone is entitled to all the rights and freedoms ser forth in this declaration, without distinction of any
kind such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
22
All are entitled to equal protection against any discrimination in violation of this Declaration against
incitement to such discrimination.
23
Ian Brownlie, Guy S. Goodwin – Gill, Basic Documents on Human Rights, (2007), P.349
26
ensure the equal right of men and women to the enjoyment of all
covenant.24
24
Ibid.
27
CHAPTER - III
RESEARCH METHODOLOGY
RESEARCH DESIGN
doctrinal part deals with the detailed study of case laws by the
Supreme Court of India and also the guide lines put forward by the
SAMPLING
29
A sample has been selected for the study. The women working
COLLECTION OF DATA
TIME FRAME
Abhaya.
DATA ANALYSIS
30
various shops and petrol pumps. The analysis of data is given below.
1. During the survey 75% of working women held that there is Sexual
such harassment.
Diagram 1
31
25%
75%
2. The response for whether they face any harassment at work place, 60%
had faced work place harassment and 40% never faced workplace
harassment.
32
Diagram. 2
40%
60%
complaint about sexual harassment and 88% never complaint the matter.
Diagram 3.
33
12%
88%
complaining to higher officials in their office and only 10% feels, it is apt to
Diagram 4.
10%
12%
78%
5. The response for the awareness about guide lines and preventive
measures put forward by the Supreme Court in Vishak’s Case, about 95%
Diagram 5.
35
5%
95%
6. As the response for trusting the authorities, when complaining they will
take necessary action, about 77% trust in the authorities and 23% where of
Diagram.6
36
23%
77%
37
CHAPTER- IV
FINDINGS
During the survey it is found that about 75% of women had faced
the problem of sexual harassment at work place, and 25% opined that there
the problem. Only 40% had opined that they had never faced any such
hardship.
88% never complained it. When asked, if they face such problem to whom
they want to approach, 78% held that they will complain only to Women’s
Commission, about 12 % held that they will complain to senior officials, and
only 10% where of the view that they will go to the police.
About 60% had trust and faith in the authorities in handling sexual
harassment in work place, only 20% opined that they do not trust the
authorities.
39
From the survey it is clear that almost every working women face the
problem of work place sexual harassment. Another thing to note is that, they
want Women Commission to deal with this problem, they do not want the
My study put light to the fact that women in this modern society
are facing the problem of sexual harassment at her work place. This
equality and they should not feel the difference between sexes. You
following suggestions.
harassment.
41
and also about agencies dealing with these problems. Men were also
place.
BIBLIOGRAPHY
BOOKS
Nagpur, Publishers.
Company.
Dr. S.C.Tripathi & Visha Arora, (2006), Law Relating to Women and
Children.
Co.Delhi.
Allahabad.
Allahabad.
Appendix I
INTERVIEW SCHEDULE
1. Name.
43
2. Designation.
place?
4. Sir, in your opinion why women are not complaining about Sexual
case?
Appendix II
QUESTIONNAIRE
1. Name.
2. Designation. 3. Organization.
44
place? Y N
2. Did you ever face any kind of sexual harassment at work place?
Y N
Y N
To the Superior.
To the police.
To other machinery.
5. Do you know about the guidelines and preventive measures put forward
Y N
6. Do you trust the authorities in matters of taking action, when you made a
complaint? Y N