sexual harassment of women at workplace final
TRANSCRIPT
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
An empirical study at Nagpur, India
Human Rights Seminar : IFUW Conference, Perth (Australia)
carried out by
Indian Federation of University Women’s Associations ( IFUWA )
in collaboration with
University Women’s Association Nagpur ( UWAN )
Research Project
The Team
Dr. Panna Akhani
President, IFUWA and
Research Project Coordinator
Dr. Vandana Pathak
Convener
Dr. (Mrs.) Geeta Hiranwar
Dr. Indrayani Shembekar
Dr. (Mrs.) T. Kalyani
Presenter
Dr. Panna Akhani, on behalf of IFUWA
Definition of Key Concepts
Sexual Harassment [ The Equal Employment Opportunity
Commission (EEOC) ] :
‘unwelcome sexual advances, requests for sexual favours,
and other verbal, physical conduct of a sexual nature,
which has the purpose or effect of unreasonably
interfering with an individual’s work performance or
creating an intimidating, hostile, abusive, offensive or
poisoned working environment.’
Sexual Harassment [ The Equal Employment Opportunity
Commission (EEOC) ] :
‘unwelcome sexual advances, requests for sexual favours,
and other verbal, physical conduct of a sexual nature,
which has the purpose or effect of unreasonably
interfering with an individual’s work performance or
creating an intimidating, hostile, abusive, offensive or
poisoned working environment.’
Definition of Key Concepts
Sexual Harassment [ The Supreme Court of India ] :
o Physical contact or advances
o Demand or request for sexual favours
o Sexually coloured remarks
o Display of pornography
o Any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature.
Sexual Harassment [ The Supreme Court of India ] :
o Physical contact or advances
o Demand or request for sexual favours
o Sexually coloured remarks
o Display of pornography
o Any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature.
Definitions of Key Concepts
Workplace:
‘The workplace is where men and women get to know one
another very well’ - Anthropological researcher Helen
Fisher.
Workplace is where people work together.
Working Women:
The term ‘working woman’ refers to one who works outside
home for a wage or salary.
Workplace:
‘The workplace is where men and women get to know one
another very well’ - Anthropological researcher Helen
Fisher.
Workplace is where people work together.
Working Women:
The term ‘working woman’ refers to one who works outside
home for a wage or salary.
Rationale of the Study
Historical aspect
• Bhawaridevi, a social worker in Rajasthan
• Rape victim at workplace
• No legal provision for punishment.
• Several Women’s organizations filed P.I.L. in the Supreme Court.
• This case is ‘Vishakha and others Vs State of Rajasthan’.
• Supreme Court guidelines: formation of Women’s Complaints Committee.
• The Committee: headed by a woman; 50% women members and an NGO.
Historical aspect
• Bhawaridevi, a social worker in Rajasthan
• Rape victim at workplace
• No legal provision for punishment.
• Several Women’s organizations filed P.I.L. in the Supreme Court.
• This case is ‘Vishakha and others Vs State of Rajasthan’.
• Supreme Court guidelines: formation of Women’s Complaints Committee.
• The Committee: headed by a woman; 50% women members and an NGO.
Human Rights Aspects
Constitution of India : Articles 14, 19 and 21: Sexual
harassment amounts to violation of rights – equality, right
to life and liberty. Right to work with human dignity.
Logical result – violation of right to practice any profession,
occupation or trade.
Remedy : Article 32.
Article 141 applicable to public and private sector.
Constitution of India : Articles 14, 19 and 21: Sexual
harassment amounts to violation of rights – equality, right
to life and liberty. Right to work with human dignity.
Logical result – violation of right to practice any profession,
occupation or trade.
Remedy : Article 32.
Article 141 applicable to public and private sector.
Objectives of the Study
To acquaint with ‘Vishakha and others Vs State of
Rajasthan’ and Supreme Court guidelines.
To understand sexual and physical exploitation of
working women.
To examine the extent of sexual harassment at workplace.
To study the reactions of working women to sexual
harassment.
To find out working women’s perspectives about it.
To analyze the impact of it in relation to victim,
perpetrators, colleagues and institution.
To acquaint with ‘Vishakha and others Vs State of
Rajasthan’ and Supreme Court guidelines.
To understand sexual and physical exploitation of
working women.
To examine the extent of sexual harassment at workplace.
To study the reactions of working women to sexual
harassment.
To find out working women’s perspectives about it.
To analyze the impact of it in relation to victim,
perpetrators, colleagues and institution.
To generate awareness among working women about S.H.
To find out society’s reaction and responsibilities to the
victim
To motivate working women to constitute cell against
sexual harassment at workplace
To motivate victimized women to seek support from
NGOs’ and legal fora
To examine NGO’s role in giving moral support and
strength to victimized women.
To generate awareness among working women about S.H.
To find out society’s reaction and responsibilities to the
victim
To motivate working women to constitute cell against
sexual harassment at workplace
To motivate victimized women to seek support from
NGOs’ and legal fora
To examine NGO’s role in giving moral support and
strength to victimized women.
Objectives of the Study
Universe of the Study
Nagpur city : Second capital of Maharashtra State.
Thickly populated.
Migrating population due to Central and State Govt.
offices.
Both organized and unorganized sectors located.
Hence large workforce.
Sample: clerical, medical, managerial, executive and
professional capacities and domestic helpers.
Other UWAs to join.
Nagpur city : Second capital of Maharashtra State.
Thickly populated.
Migrating population due to Central and State Govt.
offices.
Both organized and unorganized sectors located.
Hence large workforce.
Sample: clerical, medical, managerial, executive and
professional capacities and domestic helpers.
Other UWAs to join.
Sampling Design
Non-probability, purposive sample method.
Working women : as in ‘Universe of Study’ taken.
Include all categories – class I, II, III, IV.
Sample size – 350
Govt. service – 128
Private service – 222
Non-probability, purposive sample method.
Working women : as in ‘Universe of Study’ taken.
Include all categories – class I, II, III, IV.
Sample size – 350
Govt. service – 128
Private service – 222
Tools of Data Selection
A workshop held to discuss and frame this tool.
Structured interview schedule was used.
Pilot study was undertaken.
Investigators were given an orientation.
Open and close ended questions used.
Informal question answer method to elicit information.
A workshop held to discuss and frame this tool.
Structured interview schedule was used.
Pilot study was undertaken.
Investigators were given an orientation.
Open and close ended questions used.
Informal question answer method to elicit information.
Data Processing
350 interview schedules were coded.
A master sheet was prepared.
Statistical analysis of compiled data was
carried out.
Simple tables and cross tables based on
variables prepared.
Frequency and percentage were taken out.
For open ended questions, list of keywords
prepared.
350 interview schedules were coded.
A master sheet was prepared.
Statistical analysis of compiled data was
carried out.
Simple tables and cross tables based on
variables prepared.
Frequency and percentage were taken out.
For open ended questions, list of keywords
prepared.
Abbreviations Used
Resp. - Response
Freq. - Frequency
% - Percentage
Ttl. - Total
S.H. - Sexual Harassment
H.F. - Highest Frequency
Quali. - Qualifications
S.C. - Supreme Court
P.G. - Post Graduate
Resp. - Response
Freq. - Frequency
% - Percentage
Ttl. - Total
S.H. - Sexual Harassment
H.F. - Highest Frequency
Quali. - Qualifications
S.C. - Supreme Court
P.G. - Post Graduate
Data Analysis and Interpretation
Service No. %
Govt. Service 128 36.57
Private Service 222 63.42
Ttl. 350 99.98
Govt. Service: Municipal Corporation, Central and State Govt.
offices, staff of Govt. hospitals, schools and colleges.
Private Service: staff of private hospitals, schools and
colleges, social workers, lawyers, domestic helpers,
engineers etc.
The sample from private sector > Govt. sector
Respondents’ Nature of Service
Superiority of Male Workers/ Colleagues
Resp. Freq. %
Yes 138 38.42
No 94 26.85
Sometimes 118 33.71
Ttl. 350 99.98
Respondents feel that male workers are superior.
Yes No Sometimes
ResponseF
req
uen
cy
Kinds of Sexual Harassment
A Obscene and ungentlemanly remarks
B Unwanted physical contact and advances
C Display pornography
D Any other sexual conduct
Highest frequency ‘D’ : 99 (25.71%)Second highest ‘A’ : 61 (15.84%)Lowest ‘C’ : 17 (4.41%)
Women are aware of different kinds of sexual harassment
ResponseF
req
ue
nc
y
Percentage of Sexual Harassment
Resp. Freq. %
< 25% 54 15.42
< 50% 100 28.57
> 50% 196 56.00
Ttl. 350 99.99
The chairperson of National Commission for Women has
said, “ The problem is quite serious.”
( The Hitavada, dtd. 25th April, 2004)
Security Provided to Working Women
Suffici
ent
secu
rity
Resp. Freq. %
A 106 30.28
B 116 33.14
C 128 36.57
Ttl. 350 99.99
The respondents in type ‘C’ are domestic servants, social workers and private employees.
The respondents in type ‘A’ are Govt. employees protected by rules and regulations.
No com
men
ts
More
sec
urity
needed
Fre
qu
en
cy
A - StateB - Women’s organizationC - Voluntary Social Welfare organizationD - Employee concerned
Highest Frequency – D : 125 (33.60%)Second Highest – A : 55 (14.78%) Lowest – B : 44 (11.82%)
Security and Shelter to Victimized Women
Response
Fre
qu
ency
Respondents in the category ‘D’ feel that an employee should protect
herself in accordance with the empowerment of women.
Respondents in the category ‘B’ feel that women’s organizations
should provide security and shelter.
Ours being women’s organization, we should take up the cause.
Office Machinery Supportive to the Victim?
Resp. Freq. %
A 91 26.00
B 57 16.28
C 202 57.71
Total 350 99.99
C - Don’t Bother
A – Very Supportive
B - Very Hostile
Respondents in category ‘C’
belong to the private sector.
Respondents in category ‘A’
belong to the Govt. sector.
Frequency
Attitude of Family Members
Resp. Freq. %
A 110 31.42
B 182 52.00
C 58 16.57
Ttl. 350 99.99
Majority of the respondents opined that the attitude was hostile.
A - Sym
pathet
ic
C - Ig
norant
B - Host
ile
Fre
qu
ency
Attitude of Society
Resp. Freq. %
A 58 16.57
B 182 52.00
C 110 31.42
Ttl. 350 99.99
The society is not mentally ready to accept such victimized women.
A - Sym
pathet
ic
C – C
allin
g Nam
es
B - Host
ileF
req
uen
cy
Redress Mechanism
Resp. Freq. %
Don’t 142 40.57Know
Yes 58 16.57
No 150 42.85
Total 350 99.99
Chairperson Purnima Advani ( NCW ) lamented the fact that
most of the workplaces do not even have the complaint
committee established or is not headed by a woman.
(S.C. Rejoinder)
Don’t Know
No
Yes
Frequency
Laws Can Do Little Unless Values Change
Resp. Freq. %
Yes 312 89.14
No 38 10.85
Ttl. 350 99.99
Shows that 89.14% respondents feel that laws can do little
unless the present cultural and social values change.
No
Yes
Frequency
Awareness of Rights
Resp. Freq. %
Yes 228 65.14
No 122 34.85
Ttl. 350 99.99
Yes : 228
No : 122
Role of N.G.O.s and Redress
Resp. Freq. %
Active 148 42.28
Passive 60 17.14
Indifferent 142 40.57
Ttl. 350 99.99
202 respondents feel that the role of NGOs is
passive and indifferent.
Fre
qu
ency
Age and Experiences of Sexual Harassment
A – Frequently Harassed B – Sometimes HarassedC – Rarely Harassed D – Never Harassed
26 – 35 years : maximum harassment
Age Range of Respondents
Fre
qu
en
cy
Age-wise Distribution and Reactions
A - Organized for agitation B -Took up confrontation
C - Ask for explanation D - Complained to authorities/ police
E - Maintained silence F - Useless to react
Response
Fre
qu
en
cy
(Years)
Length of Service and Reactions to Sexual Harassment
- Organized for agitation
- Took up confrontation
- Asked for explanation
- Complained to authorities/police
- Maintained silence
- Thought it was useless to react
Length of Service (Years)
Fre
qu
ency
8 to 12 years : maximum S.H.
Service and Reactions to Sexual Harassment
Usele
ss to
reac
t
Organ
ized
Confronta
tion
Expla
natio
n
Compla
ined
Mai
ntain
ed s
ilence
Fre
qu
ency
Marital Status and Experience of Sexual Harassment
Response
Fre
qu
en
cy
Married women maximum harassed.
Married Status and Reactions
Usele
ss to
reac
t
Organ
ized
Confronta
tion
Expla
natio
n
Compla
ined
Mai
ntain
ed s
ilence
Fre
qu
en
cy
Illite
rate
Primar
y Sch
ool
High S
chool
Graduat
eP.G
.
Resea
rch
Education and Experience of S.H.
Fre
qu
en
cy
0
20
40
60
80
Graduates : maximum harassment
Education and Reactions
Illite
rate
Primar
y Sch
ool
High S
chool
Graduat
eP.G
.
Resea
rch
Fre
qu
ency
Qualifications and Awareness of Laws
Illite
rate
Primar
y Sch
ool
High S
chool
Graduat
eP.G
.
Resea
rch
Fre
qu
en
cy
Graduates : Maximum awareness
Education and Supreme Court Guidelines
Illite
rate
Primar
y Sch
ool
High S
chool
Graduat
eP.G
.
Resea
rch
Fre
qu
ency
Qualifications and Separate Court
Illite
rate
Primar
y Sch
ool
High S
chool
Graduat
eP.G
.
Resea
rch
Fre
qu
ency
Qualifications and Suggestions
A - Women should unite and give vent to their indignation and grievance.B - Voluntary agencies to take up the cause of women.C - More courage by women is warranted.
Response
Fre
qu
ency
Annual income and Experience of S.H.
< 12
12 –
52
52 –
92
92 –
132
132
–172
172
–212
212
–252
Fre
qu
ency
Income (in Rs. ’000)
52 - 92 : maximum harassed
Annual Income and Reactions to Sexual Harassment
Fre
qu
ency
Income (in Rs. ’000)
Nature of Study
S.H. - Age old problem – assumed new dimensions
Very sensitive, emotional, explosive and controversial
subject.
Empirical research – aims to find out extent, kinds,
reactions, action taken and legal awareness.
Non probability, purposive sample of 350 working
women in Govt. and private organizations.
Comparative dimensions encompassed.
S.H. - Age old problem – assumed new dimensions
Very sensitive, emotional, explosive and controversial
subject.
Empirical research – aims to find out extent, kinds,
reactions, action taken and legal awareness.
Non probability, purposive sample of 350 working
women in Govt. and private organizations.
Comparative dimensions encompassed.
Profile
• Name – Choice to hide identity given.
• Age – Age group 15 to 56 years.
H.F. – 26 to 35 years.
• Religion – All. Majority Hindus – 77.71 %
• Caste – All. Majority Upper caste
– 37.71 %
• Marital status – H.F. – Married – 72 %
• Name – Choice to hide identity given.
• Age – Age group 15 to 56 years.
H.F. – 26 to 35 years.
• Religion – All. Majority Hindus – 77.71 %
• Caste – All. Majority Upper caste
– 37.71 %
• Marital status – H.F. – Married – 72 %
Profile
• Service - H.F. – 63.42 % - Private service 73.14% - Temporary
• Length of Service- Range – 1 to 32 years H.F. - 8 to 12 years ( 22.63 %)
• Academic Quali. - Range – Illiterates to Research degree holders
H.F. - Graduates (42.28 %)
• Annual Income - Range – Rs. 12000 to Rs. 2,52,000 per year
H.F. Rs. 52,000 to 92,000 (124 respondents)
• Service - H.F. – 63.42 % - Private service 73.14% - Temporary
• Length of Service- Range – 1 to 32 years H.F. - 8 to 12 years ( 22.63 %)
• Academic Quali. - Range – Illiterates to Research degree holders
H.F. - Graduates (42.28 %)
• Annual Income - Range – Rs. 12000 to Rs. 2,52,000 per year
H.F. Rs. 52,000 to 92,000 (124 respondents)
Workplace Environment
Supervisory officers – Generally males (82.56 %)
Proportions male : female – Majority males (58.57 %)
Disposition of male colleagues – biased/ hostile (46.28 %)
Male colleagues harbour feeling of superiority (38.42 %)
This is due to higher qualifications
Non – mistakable tendency to slight and belittle women
(65.13 %)
So women look at men for help and guidance (30.87 %)
Supervisory officers – Generally males (82.56 %)
Proportions male : female – Majority males (58.57 %)
Disposition of male colleagues – biased/ hostile (46.28 %)
Male colleagues harbour feeling of superiority (38.42 %)
This is due to higher qualifications
Non – mistakable tendency to slight and belittle women
(65.13 %)
So women look at men for help and guidance (30.87 %)
Extent of Sexual Harassment
More than 50 % women are sexually harassed.
7.71 % have never experienced it.
25.71 % women are aware of all kinds of S.H. from verbal,
non-verbal to physical.
18.85 % women thought – useless to react in system.
10 % maintained silence.
20.85 % complained to the authorities/ police.
14 % asked for an explanation.
More than 50 % women are sexually harassed.
7.71 % have never experienced it.
25.71 % women are aware of all kinds of S.H. from verbal,
non-verbal to physical.
18.85 % women thought – useless to react in system.
10 % maintained silence.
20.85 % complained to the authorities/ police.
14 % asked for an explanation.
Reactions to Sexual Harassment
• 6.28 % confronted
• 14.57 % organized and agitated
• 37.87 % afraid of social comments
• 33.42 % suggested unity of women
• 33.14 % wanted more security
• 33.60 % employee concerned to provide security
• 48.57 % bad police response
• 6.28 % confronted
• 14.57 % organized and agitated
• 37.87 % afraid of social comments
• 33.42 % suggested unity of women
• 33.14 % wanted more security
• 33.60 % employee concerned to provide security
• 48.57 % bad police response
Attitude and Awareness
• 57.71 % office machinery doesn’t bother
• 52.00 % family’s and society’s attitude – hostile
• 50.85 % are aware of law
• 82.00 % separate courts for S.H.
• 89.14 % laws can do little unless values changed
No redress mechanism. Only two positive responses
New Supreme Court rejoinder.
• 57.71 % office machinery doesn’t bother
• 52.00 % family’s and society’s attitude – hostile
• 50.85 % are aware of law
• 82.00 % separate courts for S.H.
• 89.14 % laws can do little unless values changed
No redress mechanism. Only two positive responses
New Supreme Court rejoinder.
Bare Facts
• 71.14 % No Human Rights Cell
• 65.14 % Aware of rights
• 59.49 % No provision to safeguard rights
• 86.57 % No training in self defense
• 57.71 % N.G.O’s role in redress passive
and indifferent
No penalty given to the offender
• 59.49 % No awareness programmes by N.G.O.s
and set up.
• 71.14 % No Human Rights Cell
• 65.14 % Aware of rights
• 59.49 % No provision to safeguard rights
• 86.57 % No training in self defense
• 57.71 % N.G.O’s role in redress passive
and indifferent
No penalty given to the offender
• 59.49 % No awareness programmes by N.G.O.s
and set up.
Age and Sexual Harassment
• 26 to 35 years experienced maximum harassment
• 56 + rarely experienced
• 26 to 35 years reacted more strongly
• 36 to 45 years – explanation was sought
– more maturity
• 26 to 35 years experienced maximum harassment
• 56 + rarely experienced
• 26 to 35 years reacted more strongly
• 36 to 45 years – explanation was sought
– more maturity
Education and Sexual Harassment
Graduate Women – H.F.
Graduate women – most victimized
• 22.85 % aware of laws
• 35.14 % want separate court for S.H.
• 12.28 % want women’s unity
• 10.50 % women complained to authorities
• 7.4 % sought explanation
• 7.7 % graduates aware of S.C. guidelines
Graduate Women – H.F.
Graduate women – most victimized
• 22.85 % aware of laws
• 35.14 % want separate court for S.H.
• 12.28 % want women’s unity
• 10.50 % women complained to authorities
• 7.4 % sought explanation
• 7.7 % graduates aware of S.C. guidelines
Service and Sexual Harassment
Private and temporary service – maximum harassment
This is due to lack of rules and regulations
4 to 8 years length – more harassed
8 to 12 years length – useless to react
Private service – more articulate than Govt. service
Private and temporary service – maximum harassment
This is due to lack of rules and regulations
4 to 8 years length – more harassed
8 to 12 years length – useless to react
Private service – more articulate than Govt. service
Marital Status and Sexual harassment
• 71.18 % married women experienced S.H.
• 11.14 % sought explanation
• 17.14 % complained to the authorities/ police
• 10.20 % women maintained silence
Research finding of Dr. Ghode related topic – same conclusion
• 71.18 % married women experienced S.H.
• 11.14 % sought explanation
• 17.14 % complained to the authorities/ police
• 10.20 % women maintained silence
Research finding of Dr. Ghode related topic – same conclusion
Income and Sexual Harassment
Rs. 52,000 to 92,000 – maximum experienced S.H.
High income groups rarely experienced S.H.
Rs. 52,000 to 92,000 – most reactive
10.85 % complained to the authorities
11.7 % thought it useless to react
Rs. 52,000 to 92,000 – maximum experienced S.H.
High income groups rarely experienced S.H.
Rs. 52,000 to 92,000 – most reactive
10.85 % complained to the authorities
11.7 % thought it useless to react
Respondents’ Suggestions
Change in nomenclature – Gender Harassment
Enhancement in moral strength needed
Training in self defence, strong support system
More awareness of laws and rights
Women’s organizations and N.G.O.s to play active role
Separate courts and speedy trials of S.H.
Educational and awareness programmes needed
Non-S.H. policy not used
Complaints not forwarded to NCW
Change in nomenclature – Gender Harassment
Enhancement in moral strength needed
Training in self defence, strong support system
More awareness of laws and rights
Women’s organizations and N.G.O.s to play active role
Separate courts and speedy trials of S.H.
Educational and awareness programmes needed
Non-S.H. policy not used
Complaints not forwarded to NCW
Respondents’ Suggestions
Disciplinary Action
Severe Punishment
Termination
Heavy Fine
Capital Punishment
Disciplinary Action
Severe Punishment
Termination
Heavy Fine
Capital Punishment
Possible Contributions
S.C. guidelines forwarded to the States
Study to be forwarded to
- National/ State Commission
- Human Rights, HRD and Law Ministry
- Supreme Court
Helping in redress of S.H. - proper machinery
More awareness and further studies
S.C. guidelines forwarded to the States
Study to be forwarded to
- National/ State Commission
- Human Rights, HRD and Law Ministry
- Supreme Court
Helping in redress of S.H. - proper machinery
More awareness and further studies
Acknowledgements
Dr. P. l. Bhandarkar
Dr. L. L. Devasia
Dr. Bhat
Dr. Ghode
Dr. Swain
All IFUWA office bearers
All UWAN office bearers
Our sincere thanks to
