A LAW THAT EVERY WORKING WOMAN SHOULD KNOW (Sexual Harassment At Workplace)

Sexual Harassment At Workplace 

usually one approach the court for own interest but there are some case which were beneficiary for   the whole nation. out of those cases one case was banwari devi case or vishakha case. this case forced Indian parliament pass the law against sexual harassment  at workplace .
  BUT Prior to the Visakha Guidelines, the workplace was dangerous for many women, especially in the case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village as she tried to raise her voice against child marriage. Her vagina  swab was taken from her body 48 hours after the incident due to gross negligence. Ideally, this should be done within 24 hours. Shockingly, the judge presiding over his case (this was the seventh judge after the six others were removed) acquitted the accused, even stating, "Since the perpetrators were upper caste men , so rape could not happen. " This happened because Bhanwari was from a lower caste. After the acquittal over the acquittal, Visakha and some other women's groups filed a public interest litigation against the state of Rajasthan and the Union of India, forcing the latter to adopt Visakha guidelines, which now protect the working Women all over the country.

The Supreme Court had  made it compulsory for every state, union territory and regulatory body to implement a legal mechanism for implementing the guidelines issued in the 'Visakha' case, allowing employers to prevent sexual harassment. To realize and ensure this. Women at their workplaces.

A three-judge bench of the Supreme Court clarified that the guidelines issued in the Visakha case should be implemented not only in form but also in substance to ensure a safe and secure place and environment for a woman. Could. His workplace. The bench also states that there is a lack of a law and proper mechanism to address complaints of sexual harassment of women, such as women doctors / nurses or architects and even domestic workers and in other cases, because often Women are victims of sexual harassment. Often reluctant to accept it due to some social stigma / fanaticism, they think that it affects their dignity and respect in society.

Sexual harassment at workplaces is an expression of the continuing gender discrimination in society that is rarely recognized. The bench has also stated that if there exists a case for modifying old acts and bringing in new laws to protect women from indecency, humiliation and humiliation occurring in their workplaces, homes and other places, it would certainly Will react To educate girls and women in all fields and protect them from violence in all forms (eg domestic violence, sexual harassment at work); latter on  law was enacted by the Parliament namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 .

KNOW THE EXACT LAW OF SEXUAL HARASSMENT

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

 WHAT IS SEXUAL HARASSMENT AS PER LAW?

AS PER LAW OF 2013 SEXUAL HARASSMENT INCLUDES:

• .Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; .inappropriate questions or remarks about a person’s sex life
• .Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
• Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
• Unwelcome social invitations with sexual overtones, commonly seen as flirting
• Unwelcome sexual advances

According to the LAW, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

The Act specifies five circumstances that amount to sexual harassment. These are:

• Implied or explicit promise of preferential treatment in her employment
• Implied or explicit threat of detrimental treatment
• Implied or explicit threat about her present or future employment status
•  Interference with her work or creating an offensive or hostile work environment
• Humiliating treatment likely to affect her health or safety.

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognises the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act.

It further says such women can be “engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer”; they may be working for remuneration, or on a voluntary basis, a contract worker, probationer, trainee, apprentice, or called by any other such name.

The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, cannot be made public, as per the Act.

How to file a complaint of sexual harassment at workplace?

The 2013 Act says the aggrieved woman may make, in writing, a complaint of sexual harassment. However, a written complaint is not mandatory. If she cannot give a written complaint, the Act says, any member of the ICC “shall” render “all reasonable assistance” to her for facilitating it. Also, if the woman is unable to make a complaint citing “physical or mental incapacity or death or otherwise”, her legal heir may do so.

Time-frame for making a complaint to ICC

According to the Act, the complaint of sexual harassment has to be made “within three months from the date of the incident”. If such incidents have taken place over a time, the complaint should be made within three months from the date of the last incident. However, the ICC has the discretion to “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”. The ICC needs to record these reasons to exercise the right.

after a complaint is made?

Once a complaint is made, the ICC can offer conciliation under Section 10 of the Act. Before starting an inquiry, the ICC may “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent though conciliation”. It is to be seen, however, that “no monetary settlement shall be made as a basis of conciliation”.

If conciliation is not an option, the ICC may straightaway forward the complaint to the police under RELEVANT SECTIONS OF IPC (word, gesture or act intended to insult the modesty of a woman) . Or, it can start its own inquiry and complete it within 90 days.

Enjoying powers similar to those of a civil court, the ICC can summon and examine any person on oath, can ask for production of related documents before it. During the inquiry, if the woman makes a written request, the ICC “may” also recommend her transfer, a three-month leave, or any other relief it deems fit. Once the inquiry is over, the ICC is to provide a report to the employer within 10 days, making available a copy of it to the victim too.

What happens after the ICC report?

If the ICC finds the allegations true, it will recommend to the company to take action against the accused for misconduct “in accordance with the provisions of the service rules”. In case the company does not have service rules, the recommended action may include disciplinary action, including a written apology, reprimand, warning, censure; withholding promotion/ pay raise/ increment; termination of service; counselling; community service.

The ICC can also recommend financial damages to the complainant. The amount can be decided taking into consideration “mental trauma, pain, suffering and emotional distress caused”, medical expenses incurred, loss of career opportunity, and income and financial status of the respondent.

Once the ICC furnishes its recommendations, the aggrieved woman or the respondent can challenge the report in a court of law within 90 days.

What happens to the ‘victim’ if her complaint is found to be false?

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act deals with false complainant. If the ICC finds the complaint to be false, the Act says, it may recommend action against the woman or the person who has made the complaint. The Act, however, makes it clear that “a mere inability to substantiate a complaint or provide adequate proof need not attract legal action. Also, no action can be recommended against the complainant unless an inquiry establishes malicious intent on part of the complainant.

जब एक मृत व्यक्ति ने राजीव गांधी विरुद्ध चुनाव लड़ा WHEN A DEAD MAN STOOD IN ELECTION AGAINST RAJIV GANDHI (FORMER PRIME MINISTER OF INDIA) LAL BIHARI CASE

 Lal Bihari has spent a significant part of his adult life being dead on paper. In fact he grew so used to his expired identity that he became known as Lal Bihari “Mritak” – “dead man.” In his village of Amilo, Uttar Pradesh, people on the streets simply call him “Mritak.”(dead man)

Bihari is not the only mritak. He is among the thousands who have been unlawfully registered as dead in government records by their relatives in order to capture their land and property. This often happens with the connivance of local officials.

Bihari fought for 18 years and managed to reclaim his identity in 1994. His fight hasn’t stopped. He became a full time activist to help those who face the same plight that he did – being stripped of an identity and land rights.

when Lal Bihari was 22 years old  went to a bank for loan against his ancestral property that initially belong to his father, is been told that is dead according to records and the land belongs to his uncle. This may sound odd to many but this had happened in one of villages of Azamgarh district, Uttar Pradesh. In 1977, when Lal Bihari (born in 1955) went approached the bank for loan, he has been declared dead over a year by the official sitting there. To regain his identity, Lal Bihari had to fight many odds and finally after 18years of struggle the court gave him his life back on paper. According to the government’s RTI responses to petitions filed by Bihari – the other was in 2008 and indicated that 335 dead people had been declared “alive” – over 500 people have been recognised as living individuals.

Acrimony and greed led members of same family declaring the other person dead so as to acquire the land and unscrupulous work by the lekpal (low-level bureaucrat) in maintaining the record books devoid a living person of Right to Life. This case brought into five major citation, those are, The Protection of Human Rights Act, 1993;The Indian Penal Code; Article 21 in The Constitution Of India 1949;Section 36 in The Protection of Human Rights Act, 1993;Section 14 in The Protection of Human Rights Act, 1993.

The chronology of events in Lal bihari case

Lal Bihari took 18 years to get his identity back.

Phase 1

Lal Bihari approaches his birthplace Khalilabad for residence, income and caste certificates as He needed them to get a bank loan for his handloom business. On his arrival at the tehsildar’s office, he came to know that he has been dead since 30th July, 1976. His relatives had bribed the khatuni (record keeper) to declare him dead on the official papers and transfer one-fifths of the land to them. Shocked and shattered with the news, he started a new phase of life, which was regaining his identity.

Phase 2

Lal Bihari kidnapped his nephew and sent his shirt drenched with animals blood available at butcher’s shop. But he let the child go to his parents when didn’t register any case against him. If nephew’s parents would have registered a case against him then he would had a proof of his identity. After his nephew returned home, an article appeared in a regional newspaper called Swatantra Bharat and after hearing upon the news an MLA raised a question in the UP Assembly.

Phase 3

Lal Bihari got married at a young age, and applied for a widow pension for his wife hoping the government would rectify the mistake upon seeing him alive, but this also went in vain.

Phase 4

At this point Lal Bihari started to give when a politician named Shyam Lal appeared as a Guru to him and advised him to openly call him “Mritak”, as the passerby made fun of his identity and cracked joke on his situation. This idea appealed him so much so that he started the Mritak Sangh, an association of the living dead. But there was one problem: it had no members except him.

Phase 5

As the drama spurred at the Assembly, Lal Bihari sat on dharnas outside the Assemby in Lucknow. And finally got a visitor pass to enter the assembly, and heroically stood up from his place and sang the slogan of “Mujhe zinda karo” while the assembly was in session. He had to be thrown out of the assembly. He even bribed a police officer with 500 Rupees to register a case against him but it went into vain.

Phase 6

 Lal Bihari sold his property to contest the 1988 Lok Sabha election from Allahabad against former Prime Minister VP Singh.Surprising even himself, he got about 1,600 votes. In 1989, he filed nomination papers against Rajiv Gandhi in Amethi and then promptly filed an application for countermanding the election, as he was dead. It was not countermanded, of course, but he got written about. In 1994, finally he was declared alive and got his identity back.

Now Mritak Sangh is a popular community, which helps other people like Lal Bihari to earn justice who have been declared dead by the family members in lure of property.

NOBEL PRIZE IN Peace – Presented to Lal Bihari, of Uttar Pradesh, India, for a triple accomplishment: First, for leading an active life even though he has been declared ,Legally dead; Second, to carry out a lively posthumous campaign against bureaucratic inertia and greedy relatives; And third, to form the Association of Dead People. Lal Bihari overcame the barrier of being dead, and managed to obtain a passport from the Government of India so that he could travel to Harvard and accept his award. However, the US government refused to allow them into the country. His friend Madhu Kapoor therefore came to the IG Nobel function and accepted the award on behalf of Lal Bihari. Several weeks later, Lal Bihari was presented the award at a special ceremony in India.

you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life   

you can learn so many lessons from Lal Bihari's struggle but one thing you should learn that you cannot get everything in your life easily but you can get for sure what you deserves  if you are strong enough to fight with odd's in you life   

WHEN GOVERNMENT PASSED COMMUNAL ORDER (State of Madras v. Champakam Dorairajan & C. R. Srinivasan) THE CASE CHANGED INDIAN RESERVATION SYSTEM ,INDIA SHOULD KNOW

 This case was filed in 1951 for fundamental right to get admission into educational institutions maintained by the State. this case has two stories one relates to Sri Srinivasan and another to Srimathi Champakam Dorairajan.

The State of Madras maintains four Medical Colleges at that time(in 1951) and only 330 seats were available for students in those four Colleges. Out of those 330 seats, 17 seats were reserved for students coming from outside the State and 12 seats were reserved for discretionary allotment by the State and the balance of the seats available were apportioned between four distinct groups of districts in the State.

Likewise, the State of Madras maintains four Engineering Colleges at that time( in 1951) and the total number of seats available for students in those Colleges were only 395. Out of those, 21 seats were reserved for students coming from outside the State, 12 seats were reserved for discretionary allotment by the State and the balance of the seats available were apportioned between the same four distinct groups of districts.
For many years before the commencement of the Constitution, the seats in both the Medical Colleges and the Engineering Colleges so apportioned between the four distinct groups of districts used to be filled up according to certain proportions set forth in what used to be called the Communal GOVERMENT ORDER. Thus, for every 14 seats to be filled by the selection committee, candidates used to be selected strictly on the following basis:

Non-Brahmins (Hindus) ... 6
Backward Hindus ... 2
Brahmins ... 2
Harijans ... 2
Anglo-Indians and Indian Christians ... 1
Muslims ... 1
Subject to the aforesaid regional and what have been claimed to be protective provisions selection from among the applicants from a particular community from one of the groups of districts used to be made on certain principles based on academic qualifications and marks obtained by the candidates

In the case of the Medical Colleges where Srimathi Champakam Dorairajan had applied for admission, not less than 20 per cent. of the total number of seats available for students of the State were filled by women candidates separately for each region, it being open to the selection committee to admit a larger number of woman candidates in any region if qualified candidates were available in that region and if they were eligible for selection on merits vis-a-vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules. It appears that the proportion fixed in the old Communal G. O. has been adhered to even after the commencement of the Constitution on 26-1-1950. Indeed, G. O. No. 2208, dated l6-6-1950, laying down rules for the selection of candidates for admission into the Medical Colleges substantially reproduces the communal proportion fixed in the old Communal Government order.

Proceedings At  Supreme Court

Sri Srinivasan who had actually applied for admission into the Govt. Engineering College at Guindy, filed a CASE (petition). praying for a writ of mandamus or any other writ restraining the State of Madras all officers thereof from enforcing, observing, maintaining or following the Communal G. O. in and by which admission into the Engineering College was sought to be regulated in such manner as to infringe and involve the violation of the fundamental right of the Sri Srinivasan . under Art. 15 (1)(The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them) and Art. 29 (2) (No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them) of the Constitution, in the affidavit filed in support of his petition. the Sri Srinivasan. has stated that he had passed the Intermediate Examination held in March 1950 in Group 1, passing the said examination in first class and obtaining marks set out in para. 1 of his affidavit.

It will appear that in the optional which are taken into consideration in determining the academic test for admission in the Engineering College the  Srinivasan secured 369 marks out of a maximum of 450 marks. The High court has by the same judgment allowed this application in favour of Sri Srinivasan also and the State of madras  filed an appeal which has been numbered 271 of 1951. The learned counsel appearing for the State of Madras conceded that these two applicants would have been admitted to the educational institutions they intended to join and they would not have been denied admission if selections had been made on merits alone.

Art.29 'Cultural and Educational Rights' runs as follows:

"(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them."

It will be noticed that while Cl. (1) protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Cl. (2) is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens. This right is not to be denied to the citizen on grounds only of religion, race, caste, language or any of them. If a citizen who seeks admission into any such educational institution has not the requisite academic qualifications and is denied admission on that ground, he certainly cannot be heard to complain of an infraction of his fundamental right under this Article. But, on the other hand, if he has the academic qualifications but is refused admission only on grounds of religion, race, caste, language or any of them, then there is a clear breach of his fundamental right.

The learned Advocate- General appearing for the State of madras contends that the provisions of this Article have to be read along with other Articles in the Constitution. He urges that Art. 46 charges the State with promoting with special care the educational and economic interests of the weaken sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and with protecting them from social injustice and all forms of exploitation. It is pointed out that although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Ct. the principles therein laid down are nevertheless fundamental for the governance of the country and Art. 37 makes it obligatory on the part of the State to apply those principles in making laws.

The argument is that having regard to the provisions of Art. 46, the State is entitled to maintain the Communal G. O. fixing proportionate seats for different communities and if because of that Order, which is thus contended to be valid in law and not in violation of the Constitution, the petnrs. are unable to get admissions into the educational institutions, there is no infringement of their fundamental rights. Indeed, the learned Advocate-General of Madras even contends that the provisions of Art. 46 override the provisions of Art. 29 (2). We reject the above noted contentions completely. The directive principles of the State policy, which by Art. 37 are expressly made unenforceable by a Ct. cannot override the provisions found in Part III which, notwithstanding other provisions, are expressly made enforceable by appropriate Writs, Orders or directions under Art. 32.

The chapter of Fundamental Rights is sacrosanct and not liable to be abridged by any Legislative or Executive act or order, except to the extent provided in the appropriate Art. in Part III. The directive principles of State policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. In our opinion, that is the correct way in which the provisions found in Parts III and IV have to be understood. However, so long as there is no infringement of any Fundamental Right, to the extent conferred by the provisions in Part III, there can be no objection to the State acting in accordance with the directive principles set out in Part IV, but subject again to the Legislative and Executive powers and limitations conferred on the State under different provisions of the Constitution.

. In the next place it will be noticed that Art. 16 which guarantees the fundamental right of equality of opportunity in matters of public employment and provides that no citizen shall, on grounds only of religion, race, caste , sex , descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State also includes a specific clauses in the following terms:
"(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments of posts in favour of any backward class of citizens which, in the opinion of the State , is not adequately represented in the services under the State."
  

SUPREME COURT' OF INDIA'S FINDING 

If the argument founded on Art. 46 were sound then cl. (4) of Art. 16 would have been wholly unnecessary and redundant. Seeing, however, that cl. (4) was inserted in Art. 16, the omission of such an express provision from Art. 29 cannot but be regarded as significant. It may well be that the intention of the Constitution was not to introduce at all communal considerations in matters of admission into any educational institution maintained by the State or receiving aid out of State funds. The protection of backward classes of citizens may require appointment of members of backward classes in State services and the reason why power has been given to the State to provide for reservation of such appointments for backward classes may under those circumstances be understood. That consideration, however, was not obviously considered necessary in the case of admission into an educational institution and that may well be the reason for the omission from Art. 29 of a clause similar to cl. (4) of Art, 16.

Take the case of the petnr. Srinivasan. It is not disputed that he secured a much larger number of marks than the marks secured by many of the Non-Brahmin candidates and yet the Non. Brahmin candidates who secured less number of marks will be admitted into six out of every 14 seats but the petnr. Srinivasan will not be admitted into any of them. What is the reason for this denial of admission except that he is a Brahmin and not a Non-Brahmin. He may have secured higher marks than the Anglo Indian and Indian Christians or Muslim candidates but, nevertheless, he cannot get any of the seats reserved for the last mentioned communities for no fault of his except that he is a Brahmin and not a member of the aforesaid communities. Such denial of admission cannot but be regarded as made on ground only of his caste.

It is argued that the petnrs. are not denied admission only because they are Brahmins but for a variety of reasons, e. g. (a) they are Brahmins, (b) Brahmins have an allotment of only two seats out of 14 and (c) the two seats have already been filled up by more meritorious Brahmin candidates. This may be true so far as these two seats reserved for the Brahmins are concerned but this line of argument can have no force when we come to consider the seats reserved for candidates of other communities, for so far as those seats are concerned, the petnrs. are denied admission into any of them not on any ground other than the sole ground of their being Brahmins and not being members of the community for whom those reservations have been made. The classification in the Communil G. O. proceeds on the basis of religion, race and caste. In our view, the classification made in the Communal G. O. is opposed to the Constitution and constitutes a clear violation of the fundamental rights guaranteed to the citizen under Art. 29 (2) In this view of the matter, we do not find it necessary to consider the effect of Art. 14 or 15 on the specific Articles discussed above.

For the reasons stated above, we are of opinion that the Communal Government Order. being inconsistent with the provisions of Art. 29 (2) in Part III of the Constitution is void under Art 13. The result, therefore, is that these appeals  filed by state of madras stand dismissed with costs.

Sri Srinivasan and  Srimathi Champakam Dorairajan won the case .

what if  they had not challenged the COMMUNAL GOVERNMENT ORDER IN THE court ?

then system would not be changed. Sri Srinivasan and  Srimathi Champakam Dorairajan were aware of there rights . their awareness changed the whole system. 

SO ALL OF YOU SHOULD AWARE ABOUT YOUR RIGHTS BECAUSE AWARNESS IS THE ONLY THING TO FIGHT AGAINST THE ODD'S OF SOCIETY ,

THANKS FOR READING 

REGARDS 

ADV SHASHIVEER SHARMA