Women’s Safety at Workplace

Why in News?
The National Commission for Women (NCW) has taken suo motu cognisance of the sexual harassment at a Tata Consultancy Services (TCS) BPO unit in Nashik matter and constituted a fact-finding committee.

What is the background of the case?

• Initial allegation – The allegations emerged during an inquiry initially linked to complaints regarding religious practices.
• Deep findings – Subsequent findings pointed to serious accusations including sexual harassment, rape, and attempts at forced religious conversion involving certain supervisory personnel.
• Response of NCW – The National Commission on Women (NCW) has formed a committee to investigate the matter comprehensively.

What are the constitutional provisions?

• Article 14 – It guarantees equality before the law and equal protection of laws. Sexual harassment is a direct violation of this principle.
• Article 15(1) & 15(3) – It Prohibits discrimination on grounds of sex and allows the State to make special provisions for women.
• Article 19(1) (g) – It ensures the right to practice any profession, which is hindered by unsafe work environments.
• Article 21 – It guarantees the right to life and personal liberty, which includes the right to live with dignity and a safe working environment.
• Directive Principles of State Policy (Articles 39(a), 39(d), 42) – It advocate for equal livelihood opportunities, equal pay, and humane working conditions.
• Article 25 – The state can restrict these rights on grounds of public order, morality, and health.

What are the legal safeguards?

•  POSH Act – It is also known as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• This is the primary legislation addressing workplace sexual harassment.
• Key features:
  • Defines sexual harassment broadly, including physical contact, advances, sexually coloured remarks, and hostile work environment.
  • Mandates constitution of Internal Complaints Committees (ICC) in establishments with 10 or more employees.
  • Provides for Local Committees at district level for unorganised sector workers.
  • Prescribes a time-bound redressal mechanism.
  • Ensures confidentiality and protection against victimisation.
  • Holds employers responsible for ensuring a safe working environment.

To know more about ICC click here

• Indian Penal Code (IPC) – Now read with Bharatiya Nyaya Sanhita provisions in updated context, but IPC principles remain relevant
  • Section 354A – Defines and penalises sexual harassment.
  • Section 354D – Addresses stalking.
  • Section 509 – Penalises acts intended to insult the modesty of a woman.
• Code of Civil Procedure & Service Rules – Provide for disciplinary action in service matters.
• Government service conduct rules incorporate POSH compliance requirements.

What are the landmark judicial pronouncements on harassments gender justice?

• Vishaka v. State of Rajasthan (1997) – A watershed judgment where the Supreme Court recognised sexual harassment as a violation of fundamental rights under Articles 14, 15, 19, and 21.
• Laid down the Vishaka Guidelines, which became the basis for the 2013 POSH Act.
• Emphasised employer responsibility in preventing harassment.
• Apparel Export Promotion Council v. A.K. Chopra (1999) – Reinforced that sexual harassment violates the right to gender equality and dignity.
• Held that even an attempt to molest amounts to sexual harassment.
• Medha Kotwal Lele v. Union of India (2013) – Highlighted poor implementation of Vishaka Guidelines.
• Directed stricter compliance and monitoring mechanisms.
• Nirbhaya Case (Mukesh v. State (NCT of Delhi), 2017) – Though not a workplace case, it expanded jurisprudence on sexual violence, dignity, and state responsibility.
• Vineeta Sharma v. Rakesh Sharma (2020) – Strengthened gender equality in property rights, contributing to broader gender justice discourse.

What are the international conventions and commitments?

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 – Obligates states to eliminate discrimination against women in all spheres, including employment.
• Ratified by India in 1993.
• The Vishaka judgment explicitly relied on CEDAW provisions.
• ILO Convention No. 19 – Recognises the right to a world of work free from violence and harassment.
• India has not yet ratified this convention but aligns with its principles.
• Universal Declaration of Human Rights (UDHR), 1948 – Ensures equality, dignity, and safe working conditions.
• International Covenant on Economic, Social and Cultural Rights (ICESCR) – Guarantees just and favourable conditions of work.

What is the role of (NCW)?

• NCW – The NCW, a statutory body established under the National Commission for Women Act, 1990, is mandated to safeguard women’s rights and address grievances.
• Powers – Exercising its powers under Section 8 of the Act, the Commission has initiated a suo motu inquiry, reflecting its proactive approach in cases of public concern.
• The fact-finding committee comprises members with judicial, administrative, and legal expertise.
• Functions & Task – It is tasked with:
  • Conducting an on-site inquiry at the Nashik facility
  • Interacting with victims, police authorities, and company representatives
  • Identifying institutional or procedural lapses
  • Recommending punitive and preventive measures
  • The committee is expected to submit its report within ten working days.

What are the challenges faced by women in IT sector?

• Gender bias (subtle and overt) – Even in modern tech companies, unconscious bias still shows up—in hiring, promotions, and performance evaluations.
• Women may be judged more harshly for mistakes or overlooked for technical roles in favor of men.
• Underrepresentation in leadership – While entry-level diversity has improved, senior roles (like architects, CTOs, or executives) are still male-dominated.
• This lack of representation can limit mentorship opportunities and role models.
• Pay gap – Women in IT often earn less than men in similar roles, especially as experience increases.
• The gap may not always be obvious at first but tends to widen over time.
• Work-life balance pressures – The IT industry can demand long hours, tight deadlines, and on-call work.
• Women, who often still carry a larger share of family responsibilities in many societies, can find this especially challenging.
• Career break penalties – Taking time off for maternity or caregiving can slow down career progression.
• Re-entering the workforce can be difficult due to rapidly changing technologies.
• Workplace culture issues – Some tech environments still have a “bro culture,” which can make women feel excluded.
• This might show up as lack of inclusion in decision-making, networking, or even casual team interactions.
• Harassment and safety concerns – Though policies have improved, issues like workplace harassment or uncomfortable environments still exist in some organizations, especially where accountability is weak.
• Lack of mentorship and sponsorship – Women often have fewer mentors or sponsors advocating for their growth, which is critical in navigating promotions and high-visibility projects.
• Imposter syndrome and confidence gap – Due to systemic factors, many women feel they need to meet 100% of qualifications before applying for roles, unlike men who may apply with fewer qualifications.
• Skill recognition bias – Women’s contributions—especially in collaborative or supportive roles—may be undervalued compared to more visible technical achievements.

What should be done?

• Measures – The following measures could be taken to strengthen safety of women at workplace:
  • Strengthening institutional accountability and audits of POSH compliance.
  • Capacity building and gender sensitisation programmes.
  • Inclusion of informal sector workers through stronger Local Committees.
  • Encouraging whistleblower protection and anonymous reporting.
  • Considering ratification of ILO Convention 190.
  • The working hour for women with familial responsibility could be reduced to maintain work life balance.
  • Implementation of 33% women reservation, to include more women in decision making.

What lies ahead?

• The Nashik case underscores the continuing challenges in ensuring safe workplaces for women.
• While legal frameworks exist, their effective implementation remains crucial.
• Institutional interventions like those by the NCW play a vital role, but long-term change requires organisational accountability, societal awareness, and a culture of zero tolerance towards harassment.
• Women in the IT sector have made major strides, but there are still persistent challenges that affect career growth, work environment, and retention.

Reference

The Hindu| Prevention of Sexual Harassment against Women