Evolution of Jurisprudence on Sexual Harassment of Women at the Workplace with Reference to Constitutional Values

Introduction

The Indian Constitution¹ envisages the concept of social justice which involvesthe establishment of an egalitarian social order with no discriminationbetweenindividuals on the basis of caste, religion, race, sex, or place of birth This involvesthe provision of special safeguards and affirmative actionfor disadvantaged sectionsof society Gender equality for women, who are historically a disadvantaged group, becomes a prominent matter of social justice With reference to Articles 14, 15, 21, and 19(1g of the Indian Constitution, women needed safeguards against sexualharassment at the workplace.

Incorporating a broad reading of the Constitution, in² the Supreme Court of India³ recognised that sexual harassment violatesthe constitutional value of gender equalityin all spheres of human activityand thefundamental rights of women to live with dignity, to personal liberty, and to carryon any occupation The Court defined genderequality as including protection fromsexual harassment and the right to work with dignity, a universally recognised basichuman right One of the logical consequences of sexualharassment isa violation ofthe fundamental right of women to work., as it is necessary to provide a safe workingenvironment It was affirmed bythe Court that sexual harassment violatesthe

Justice

freedom ofspeech and expression of a woman as itcompels her to be in a threatening environment, working alongside the perpetrator, making heruncomfortable to participate in workrelated activitiesThe Court furtheremphasised that equality in employment can be seriously impaired when women aresubjected to genderspecific violence, such as sexual harassment in the workplace.

This chapter looks at progressive judgments onsexual harassment attheworkplace, upholding constitutional values such as justice, equality., and dignity.

Foremost among all rulings is the Supreme Court”s Sexualharassment at workplace in the larger context is about patriarchy and genderhierarchy in society It is discrimination based on sex, a manifestation of patriarchyand male dominance, perpetrated with anexpectation that women will submit tosexual harassment in order to retain theirjobs or gain career advancements This isclearly discrimination based on gender as it prevents women from participating in the work on an equal footing withmen.

When women are sexuallyharassed orabused at workplaces, it involves sexualcoercion, intimidation, deprivation of theirright to work in a violencefree atmosphere, and a hostile work environment thataffects their safety, wellbeing, and health. In the Indian context, the judgment inmeant protection of the lawagainst discrimination while the requirements of substantive equality⁶ meantrecognising the needs of the disadvantaged, that is, women.

Vishaka judgment (1997 and five others delivered by the Delhi High Court The High Court of Delhi has consistently engaged with mattersconcer ning sexual harassment of women at the workplace and has handed down ju dgments meriting attention Vishaka (1997 was the first steptowards recognising the concept ofsexual harassm ent as a blatant violation of gender equality., wherein the requirements of formal equality Vishaka relied on the assumption that problems ofinequality, injustice, and discriminationwere not only individual and attitudinal but fundamentally structural, systemic, and institutional

⁷ 15,⁸ and 21⁹ of the Constitution which were violated in cases of sexual harassment Article 14 wasinterpreted from the point of view of gender equalitywhich meant that women have a right to work with dignity and their rights are to be protected from sexualharassment Using Article-. 15, sexual harassment was seen as discrimination based onsex Article 19(1g,which guarantees equal opportunity to all citizens to practiseany professionor carry on any occupation, trade, or business, was also seen to beviolated.

According to Article 21, all persons are entitled to life and personal liberty Whenread along with Article 19(1g, which entitles all persons to equal opportunity at theworkplace, it stands thatno person shall be deprived of life or liberty at the workplace.

Article 42,which calls upon the State to provid e for just and humane conditions ofwork, laid the foundation for future measures and legal remedies against sexualharassment at the workplace TheAlongwith fundamental rights and directive principles of state policyin the Indian Constitution, the fundamental dutyimpose d on all Indiancitizens to renouncepractices derogatory to the dignity of wome n were also referred to by the Court.

Bhateri Gang Rape Case Role of the Women”s Movement in Ga ining Guidelines for Prevention and Redressal of Sexual Harassment of Women at Workplace

Understanding the circumstances (that is, essentially, the Bhateri gang rape casethat were instrumental in the creation ofrelating to workplace sexual harassment in India.

The Bhateri gang rape case became a unifying point for the women”-.s movementin India Bhanwari Devi, a In September 1992, Bhanwari”s husband Mohan was physically assaulted and Bhanwari was raped by five men from the village The couple registered an FIR forrape after a great struggle The investigation process was harsh on Bhanwari as shelacked adequate support Poverty intersectedwith caste to render Bhanwari helpless at the hands of the legal and police system.

Bhanwari and the rapists belonged to a larger group defined as the Other Backwar d Classes (OBC However, within thisgroup, Bhanwari was at the bottomof the hierarchy, while the rapist belonged to themajority dominant caste which was economically and politically powerful There wasanger that Bhanwari shamed the village bymaking a private village matter public.

Bhanwari”s rape trial commenced in October 1994 and a verdict was rendered in November 1995. The court acquitted all fiveaccused against the charge of gangrape The judgment revealed a patriarcha l and prejudiced mindset The reasoningobservedthat the accused were middleaged and respected It further stated that Vishaka is important to grasp the development of the progressive jurisprudence sathin (friend/companion was employed as a villagelevel social worker with the Women”s Development Programme (WDP of the Government of Rajasthan Hailing from the kumhar (potter caste, she was selected and trained as a sathin The WDP was initiated in 1984 with financial support from the UNICEF Child marriages were prevalent in Rajasthan in the village where Bhanwari was working Aware of this practice, the stat e government decided to campaign against the same and issued public appeals against child marriage Bhanwari tried to stop a child marriage in an influential family in the village However, the marriage did take place and no police action was taken agai nst the family The villagers were unhappy with Bhanwari.”s efforts to stop the marriage.

Vision and Mission of

Mohan”s (Bhanwari”s husband inability to help was against Indian culture as he hastaken a vow to protect his wife as part of his marital duties It argued that since theoffenders were upper caste men, the rape could not have taken place because Bhanwari belonged to a lower caste The court also cast aspersions on the characterof Bhanwari by suggesting the presence of a third man and implying that Bhanwariwas an adulteress.

As Bhanwari faced these challenges consequent to her role asaFailure of legal institutions to provide justice to Bhanwariresulted in further nationwide debates and protests As explained further by Mathur, a symbiotic relationship developed between a mainstream development programmesuch as WDP and the women”s movementin India As a result of the Before 1993. In its first three reportsto the CEDAW Committee on the measures takento give effect to the provisions of the Convention, the GoI referred tokey judgmentsby the Supreme Court of India to demonstrate compliance, amongst which the Vishaka Evolution of Jurisprudence on Sexual Harassment ofƒ sathin, a public interest litigation was filed in the Supreme Court against the State of Rajasthan, Women and Child Welfare Department, Depa rtment of Social Welfare, and the Union of India by some organisation’s under the collective platform of Vishaka The Vishaka petition demanded justice for Bhan wari Devi and urged action against sexual harassment at workplace In 1997, the Supreme Court took cognizance of the petitionand delivered a historic judgmentThe Bhateri gang rape case thus became a catalyst in strengthening the movement and creating largescale awareness around issues of sexualviolence Vishaka judgment., national solidarity around the issue, built by feminists, succeeded in procuring landmark guidelines, which paved way for the law on sexualharassment at the workplace in 2013. Vishaka Vishaka, the language of sexual harassment in India remained shrouded and the sexualdimension of harassment was a mystery At the level of the legislature and bureaucracy, CEDAW was signed by India on 30 July 1980 and ratified on 9 July judgment was prominent The GoI informed the CEDAW Committee that the Indian judiciary had played a proactive role and paved the way touse principles of the treatyin many judgments It was brought to the notice of the international communitythat the Supreme Court of India adopted the definition of sexual

Importantly, that it was a human rights issu e, and not merely an issue falling withinthe framework of criminal law was emphasisedidentified the PIL”s goals asbringing attention to the problem of sexual harassment, to find. “suitable methods forrealisation of the true concept of gender equality””, and to “preventsexualharassment of working women in all work places through judicial process, to fill thevacuum in existing legislation”.

The focus was shifted from convicting the perpetrator to protecting the rights ofwomen inrelation to workThe judgment upheld the idea that the concept ofequality was much more than treating all persons in the same way It pronouncedthat equality between men and women in the true sense of the term could berealised bymaking concentrated efforts towards rectification of existing powerimbalances in society—specificallythose inworkplaces.

Converse to the crime and punishment understanding, Vishaka had an enabling and compassionate approach asit focused on prevention which was missing in the criminal law Vishaka filled a void in domesticlitigation and upheldwomen”s constitutional rights by directly applying the provisions of CEDAW to enact guidelines against sexual harassment in the workplace The Court Vishaka envisaged sexual harassment as an issue of equality and loss of dignity It was yet another instance of the women”s movementdemanding that the promise of protectionof the laws be delivered to women who are sexually harassed bymen because they are women Vishaka saw engagement with workplaces to assume a shared responsibility to foster change through prevention It promoted awareness bydemystifying discomfort through encouraging meetings and discussions on sexual harassment with workers It saw a workplace with increased awareness of the issue of sexual harassment with collaboration between employers and trade unionswith the assistance of government and nonprofit organisations This understanding characterised by Vishaka saw a law preventive in its character as well as punitive The objective was to influence mindsets and promote changes in attitudes towards women and sex discrimination in the workplace with the help of

Equality

The uniqueness of Access to resources, opportunities including economic participation, decisionmaking, and valuing different behaviours, aspirations, and needs irrespective ofgender comprise gender equality Sexual harassment at work perpetuated bymen by virtue of their power positions is a manifestation of gender inequality It seriouslyimpairs the safety and progress of women.

Hence, recognising the power imbalancebetween complainants and respondents in sexual harassment cases isthe first steptowards correcting the situation.

In the three cases discussed in this section, it is seenthat complaints of sexualharassment were against seniorlevel menwho had enormous influence in workplacesby virtue oftheir position Hence, the High Court reaffirmed that the employershould ensure that the complaints beinquired into in an unbiased manner.

(i Upholding the value of equality in the case ofthe Delhi High Court held that it was imperative that the complainantfelt safe during the inquiry conducted by the Internal Committee (IC which wouldhelp build faith that the proceedings were unbiased and fair Further, the Courtcommented that in the said case the IC di d not take steps to lend confidence orassurance to the complainant thoughshe repeatedlyraised concerns about not feelingcomfortable during the inquiry proceedings with the respondent around her The Court reiterated that the primary obligationto make the workplace safe and equal wasuponthe employers and laxityin implementation reflected a lack of willon the part of the employer.

(ii InEvolution of Jurisprudence on Sexual Harassment ofƒ Vishaka was carried forward by various courts after 1997 and more specifically after or closer to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibit ion and Redressal Act, 2013 (hereafterreferred to as the POSH Act, 2013. Five such rulings by the Delhi High Court are discussed below Ruchika Singh Chhabra vAir France India, Rashi vUnion of India, recognising the power imbalance between a woman employee working on a contract and an officer at the level ofa Chairman/

Chief Commissioner, the Court stated that if the complaint of sexual harassmentwas against the personheading the departmentor the ministry itself or a person of the same/equivalent rank, it would be completelycontrary to the basic tenets offairness and impartiality to constitute an IC by an official of the same department/ ministry Thiswas because the respondentwould be superior to almost all thepersonnel working therein and it would seriously hamper the process as he was in a position to influence the IC members Hence, it was the responsibility of theemployer to constitute an impartial IC not appointed at the level of the departmentbut an external and independent one thatwould ensure unbiased inquiry done withfairness and equality In order to ensure the spirit of equality, the Court highlightedthat external members are appointed to the IC to ensure neutralityIn the currentcase, the Court directed that an IC be constituted by the Cabinet Secretariat, consisting of such persons who were independent and unbiased, to inquire into thecomplaint of sexual harassment.

The aim of gender equality in the workplac e is to achieve broadly equal opportunitiesand outcomes for women and men, not necessarily outcomes that are exactly the samefor all Workplace gender equality will be achieved when people are able to access andenjoy equal rewards, resources, and opportunities regardless of gender.

(iii Inin consonancewith the valueof equality., the Court specified that sexualharassment is a form of sex discrimination.

It violates equalityatthe workplace asthe woman employee is discriminated against, that is, treated less equally on the basis ofher gender identity The Court explainedthatsex discrimination was projected through unwelcome sexual advances, requests forsexual favours, and other verbal or physical conduct with sexual overtones, whetherdirectly or by implication Particularlywhen submission to or rejection of suchconduct by the female employee was capable of bein g used for affecting heremployment, disadvantage her in connectionwith her employment or work, includingrecruiting or promotion, and unreasonably interfering with her work performance, itcreated an intimidating or hostile working environment for her.

The impact of a hostile working environment on the continuing workingrelationship shared by the complainant and respondent would also have to beconsidered by the IC in examining whether the complaint made of sexualharassment was justified even though there was a delay In this case, the Courtacknowledged that humiliation faced by a complainant of sexual harassment wasrevisited and compounded when the perpetrator and she were compelled to work in the same establishment The imbalance in the power equationbetween therespondent and complainant intensified the problem.

Dr Punita KSodhi vUnion of India & Ors,

Dignity

The Court further directed that the incidents of sexual harassment were not to beviewedin isolation Parts of the complaint where there were other forms ofpersistent sexbased discrimination or harassment from the respondenttothecomplainant over a prolonged period needed to be considered The Court explainedthat sexbased discriminationcould encompass a whole range of commissions andomissions, not restricted to sexual harassment In this case, the language used by therespondent in the memos and letters issued byhim to the complainant, questioningher integrity and competence was plainly abusive.

The Court remarked that the IC had overlookedthe numerous instances cited by the complainant in her complaint which were thatof sexbased harassment anddiscrimination The approach of the IC in the casewas noted to be limited andnarrow because it failed to consider the context in which the complaint was madeand the incidents ofcontinued harassmentwhich the complainant had faced from the respondent Therefore, the IC”sreport was found tobe unsustainable and wasquashed by the Court The court emphasised that it was important for ICs dealingwith complaints of sexual harassment to understandthe dimensionsof sexbaseddiscriminationat the workplace and not narrowly focus only on certain acts thatmay have been the trigger for a series of acts constituting sexbased harassment ordiscrimination..

It was also highlighted that employers be aware that sexual harassment wouldresult in gender discrimination, asit leads toa hostile work environment, undermining the dignity, selfesteem, and confidence of the female employees, resulting in alienating them This ruling assigns importance to sexbased harassmentand discrimination at work in cases ofsexual harassment, divergent to a recentruling by the Kerala High Court inwhere the Court stated that the concept ofsexual harassment in a workplace against a woman should start from an express orimplied sexual advance, sexual undertoneor unwelcome behaviour which has a sexual tone behind it, without which theprovisions of workplace sexual harassment law will not apply.

Human dignity is the guiding principle for gender equality Dignity as a constitutionalvalue is helpful in countering gender discrimination, thereby providing a clearconnection between dignity and gender equality Gender discrimination has beenrecognised as an obstacle toliving a dignified life Asper Evolution of Jurisprudence on Sexual Harassment ofƒ Prasad Pannian vCentral University of Kerala, Vishaka, employers are

(iv Inthe Supreme Court of India declared that sexual harassment at the workplace was unquestionablyincompatiblewith the dignity and honour of women The Court underscored that there could be nocompromise on eliminating sexual harassment of women at the workplace.

Inalthough recommending punitiveaction against those found guilty of sexual harassment is one of the tasks to be donebythe IC, while doing so, it cannot overstep boundaries delineated by the POSH Act, 2013 and penalise women complainantsfor making choices Such penalisationamounts to humiliation and it was declared by the High Court as a violation of theconstitutional value of dignity The High Court emphasised that moral policing wasnot the job of the management or of the IC, and ensured the protection of thecomplainant”s dignity Consensual relationships among adults would not be theconcern of the managementor of the IC, as long as the saidrelationship did notaffect workplace decorum and isnot contrary to the rules or code of conductbinding on the employees The IC was not to comment on the personal conduct of the parties and its jurisdiction is restricted to the allegations of sexual harassmentand to the effect whether a complaint is false or not.

Underlining that complaints of sexual harassment are initially filed withenormous reluctance, the Court highlighted that the power of the IC was restrictedto hold the inquiry and give a report adhering to the statutory provisions If a case ofsexual harassment is not made, the IC could only conclude that no action wasrequired to be taken by the employer-..

The POSH Act, 2013 does not contemplateany action after the inquiry, which allowsthe IC to pass directions on the groundthat the concerned persons indulged in inappropriate conduct Such a determinationand consequential recommendation were beyond the jurisdictionof the IC Inthesaid case, the IC wentbeyondits statutory mandate and jurisdiction..

The Court directed that the charge sheetseeking disciplinary action against thecomplainant be quashed The Court directed that the complainant thus becameeligible for promotion and that the employer would offer her promotion inaccordance with her seniority, performanc e, and merit, as per applicable servicerules The charge sheet would no longer be an obstacle in her promotion and nodisciplinary inquiry would now be held against her pursuant to the charge sheet.

Thus, it is the flavour of human dignity jurisprudence that enabled the Court torecognise the right of women to exercise individual choices.

Apparel Export Promotion Council vA.KChopra, Bibha Pandey vPunjab National Bank,

(v In another case,the complainant approached the Court against the order of the single judge which directed her to deposit Rs. 50,000 as a penalty with the Delhi High Court Advocates Welfare Trust and gave heremployer liberty to initiate appropriate action against her for filing a false complaintof sexual harassment The Division Bench of the High Court specified that the IC was intended as a platform to provide an environment of confidence to thecomplainant It added that the IC”s role is not to doubt the veracityof the complaintor view the complainant withsuspicion The IC is to believe her and not compel herto name witnesses to seek corroboration, as the perpetrator seeks out his targetwithout putting himself in danger of being caught This scenario creates a “yourword against mine” situation, which the woman would possibly find difficult tosurmount before an inquiry of the IC.

The Court further stated that the absence of eyewitnesses to the incident cannotdetract from the credibility of the complainant In the present case, the IC hadrecommended the transfer of both, the complainant and respondent The Courtdirected that transfer of the complainant recommended by the IC was undesirable asthe complainant had not requested for the same, neither was there a complaint filedagainst the complainant nor was the complaint found to be false Such an arbitrarytransfer would be adding insult to injury, thattoo when done on the pretext ofensuring a congenial and harmonious environment It would create a rippling andcrippling effect for other women who would be discouraged to complain of sexualharassment fearing transfer.

Additionally., the Court specified that in sexual harassment complaints, theefficiency, inefficiency, or temperament of the complainant is completely irrelevantand extraneousto the inquiry The credibility of the complaint was not diminishedbecause of such pending disciplinary proceedings against the complainant In addition., a complainant cannot be expected to have clarity of thought, to rememberthe names of all those who were present at the time of the incident of sexualharassment, who may have witnessed the incident, and to recollect their names andfaces during inquiry The mere inability of a woman to name witnesses wasinsufficient to falsify her complaint Therefore, there could be no insistence by the IC on the production of witnesses by the complainant tocorroborate her statement.

While setting the order aside of the single judge, the Division Bench statedthatitcannot be overlooked that the Court specified thatgender sensitivity required an-.

Evolution of Jurisprudence on Sexual Harassment ofƒ MsX vUnion of India, understanding of what a woman felt when she was sexually harassed Owing to gender conditioning, complainants go throug h considerable soulsearching, trying to adopt measures of selfprotection, such asavoiding the perpetrator or taking leave.

Implementation of Act and Impact on Constitutional Values

Multiple court rulings in the following years quoted and inherited the legacy ofcompletely relying on the defence providedby the employer, it appears that the Court made little attempt to understand the reason behind the complainantboycotting the inquiry conducted the IC In another case,the complaint wasdeclared false by the Court because the complainant was unable to remember thenames of witnesses during the inquiry and her past service record showed penaltiesimposed onher by the employer In the third case,the Court again relying on thefindings of the inquiry by the IC declared that each physical touch cannot beconsidered as sexual harassment, therebydisregarding the poin t of view of thecomplainant and consequent prayer by her to hold the respondentguilty of sexualharassment.

Court rulings upholding constitutional values with the best directions cannotachieve the goal of justice in cases of violence against women unless obstacles suchas inertia or resistance to change by employers, and social inequalities in terms ofpower imbalances between men and women are dealt with They must beovercome before the valuesbecome meaningful tools for societal change TheThere Vishaka However, there are a few rulings by the same High Court which are seen taking a different approach than the ones discussed above In one case, Vishaka judgment was pronounced and the POSH Act 2013 was enacted with the objective of protecting women from sexual harassment by preventing and redressing it These objectives were guided by constitutional values such as justice, equality, and dignity It appears thatemployers and ICs are falling short of achieving these objectives., thereby failing to uphold constitutional values Eight years after its notification, the implementation of the POSH Act, 2013 is poor and fraught with problems.

In several instances, ICs were either nonexistent,ineffective,or gave a cleanchit to the respondent.

There was inaction on the part of the organisations,Evolution of Jurisprudence on Sexual Harassment ofƒ (Footnote No. 30 contdhttps://clarionindianet/s exualharassmentofwomenatworkplacegovtcluelessaboutimplementationofshwwact/ (accessed on 28 Ma rch 2021; Saritha SBalan. 21. “Lack of Awareness, Poor Implementation: Why PoSH Act Fails to Protect Kerala Women”, The News Minute, 27 April 2021, available online at https://wwwthenewsminutecom/article/lackawarenesspoorimplementationwhyposhactf ailsprotectkeralawomen-147925 (accessed on 29 April 2021; Saakshi Mayank. 2021. “Weak I mplementation of Sexual Harassment Law in India”, Goa Chronicle, 6 January 2021, available online at https://goachroniclecom/weakimplementationofsexualharassmentlawi nindia/ (accessed on 6 January 2021.

This pushed complainants to approach external agencies, such as media, police,and court for complaints redressals or commit suicide.

TheAfter Vishaka guidelines envisaged a complaint mechanism that built leadership towards the issue withenhanced experience and expertise Vishaka, there came rulings from various High Courts that criticised the functioning of the IC Prominent among them was the 2004 case in the Bombay High Court, in which the (Footnote No. 35 contdhttp://economictimesindiatimescom/news/co mpany/corporatetrends/ keyilfsexecutiveintroubleoversexualharassmentcharges/ articleshow/48536006.cms?intenttarget=no.

IC had forced the complainant to physically demonstrate the incident of molestationand she had succumbed to it under pressure The High Court of Bombay discardedthe inquiry report by the IC, calling it shocking and biased.

Recent reportshighlight that women employees in the private sector seem to be unhappy with thefunctioning of the ICs as they were increasinglyfound to be reaching out to the SHeBox.

It is also being reported that ICs have also fallen shortin adhering to the POSH Act, 2013 and have little understanding of the procedure,. resulting incomplainants losing faith in them.

The abovementioned examples seem an obvious defeatof the objectives of Vishakaequalityat workplaces becauseprotecting dignity atworkplace However, taking into consideration the discussionabove, the taskof restoring the rights of women seems to be uponthe courtsaswomen are compelled to move the courts for the protection of their rights at theworkplace.

The POSH Act, 2013 is an outcome of the longstanding struggle by women”s groups and organisations towards the realisation of their right to work with dignity.

It must be interpreted and understood by the employers and IC members within theframework of the constitutional values to safeguard the rights of women It is a social legislation aimed at altering power imbalances at the workplace The aim istoempower women as a disadvantaged group due to certain factors in the patriarchalsociety Any interpretation of the law that is devoid of a prowoman perspectivederived from the understanding of constitutional values can becomecounterproductive.

Upholding the value of equality, women need to be motivated to complain whenthey face sexual harassment, freely andfearlessly, leading to the creation ofworkplaces free from sexual harassment Wh ile the inquiry is pending it is the dutyof the IC to understand the fears and apprehensions of the complainant The ICs need to devise an inquiry process thatis not threatening and isdignified For that, itis important that the IC knows the POSH Act, 2013 thoroughly and is conversantwith the inquiry procedure Members should find time to do the groundwork on thecomplaint to understand chronology and circumstances that willfacilitate inestablishing corroborative and circumstantial evidence to support it Informationregarding the composition of IC and the identity of each member along with a broad explanation of the inquiry procedureshould be given to the complainant Thefocus should be on creating, enabling, and facilitating an environment for achievingjustice It willhelp the complainant to go through the process without fear andpressure Further, the ICs should necessarily ensure that the complainant isprotected fromretaliation either from the employer or the respondent, especially ifthe power imbalance between the complainant and respondentis significant.

In the interestof justice, the IC should be able to adopt a trauma-.-informedapproach to the inquiry while engaging with the complainant and provide assurancefor her to start rebuilding her confidence The emphasis during communicationshould be that the inquiry will be donefollowing proper procedure which entailsfairness and sensitivity The body language of the IC members mustbe empatheticand attentive to the process The perception of the complainant regarding a specificincident or behaviour will have to be respected IC members will have to reject ideasand stereotypes regarding the external appearance and behaviour of the complainant.

Sensitivity is of paramount importance Any form of aggression or open disbelief in the complainant will be detrimental to the rapportbuilding process The IC shouldbe able to arrive at the conclusion andrecommendation through collective effort andconsidering various factors such asthe impact ofsexual harassment, socioeconomicposition, power differences based on organisational hierarchy, and equationsinvolved.

India slipped 28 places torank 140 among 156 countrie’s in the World Economic Forum”s Global Gender Gap Report of 2021, becoming the thirdworst performer in South Asia.

This only tells us that another generation of women will continueto waitfor gender parity It is evident that unlessorganisations across sectors take institutionalresponsibilityfor an attitudinal shift, workplaces will continue tobe sexualised andtoxic, survivors will continue to be silencedand perpetrators will go about their liveswithout consequence.

Moreover, the POSH Act, 2013 definitely has the potential tocarry forward the process ofshifting power relations using the work initiated by the — Evolution of Jurisprudence on Sexual Harassment ofƒ Vishaka guidelines (1997. This can happen provided the employers implement the legislation from the standpoint of upholding constitutional values.