Introduction
Sexual harassment at the workplace and occupational health and safety (OHS) are two crucial areas where gender-sensitive laws and policies play a vital role. Women often face unsafe working environments, lack of reporting mechanisms, and fear of retaliation when dealing with harassment or health issues. The Indian legal framework has evolved significantly over the years in response to growing concerns and feminist activism. This essay examines the legal response to sexual harassment in the workplace and outlines the key laws related to OHS.
Legal Response to Sexual Harassment at Workplace
1. Vishaka Guidelines (1997)
The landmark case Vishaka vs. State of Rajasthan (1997) laid the foundation for legal protection against sexual harassment in India. The Supreme Court issued guidelines that defined sexual harassment and directed all employers to create a complaints committee.
These guidelines were the first formal recognition of sexual harassment as a violation of women’s fundamental rights under Articles 14, 15, and 21 of the Constitution.
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Following the Vishaka judgment and increasing public awareness, especially after the 2012 Delhi gang rape, the Indian government passed this legislation in 2013.
Key Provisions:
- Definition: Covers physical contact, unwelcome sexual advances, demands for sexual favors, making sexually colored remarks, or showing pornography.
- Applicability: Applies to all workplaces—private, public, organized, unorganized—and protects women of all ages and employment statuses.
- Internal Complaints Committee (ICC): Mandatory for organizations with 10 or more employees.
- Local Complaints Committee: At district level for unorganized sector or companies with fewer than 10 employees.
- Timelines: Strict timelines for investigation and resolution.
- Penalties: Non-compliance can lead to monetary fines and cancellation of business licenses.
3. Limitations and Challenges
- Lack of awareness: Many women are unaware of their rights and mechanisms for redressal.
- Non-compliance: Several companies have not formed ICCs despite legal requirements.
- Retaliation: Victims often face backlash, job loss, or workplace hostility.
Laws on Occupational Health and Safety (OHS)
Occupational health and safety (OHS) laws are designed to ensure a safe and healthy work environment for all workers. Women workers, particularly in hazardous or informal occupations, face specific risks like exposure to harmful chemicals, lack of sanitation, and ergonomic hazards.
1. The Factories Act, 1948
This is one of the oldest legislations addressing OHS in India. It applies to factories with 10 or more workers using power or 20 workers without power.
Key Provisions:
- Cleanliness, ventilation, lighting, and sanitation.
- Provisions for safe machinery, protective gear, and first aid.
- Special provisions for women regarding work hours and maternity benefits.
2. The Mines Act, 1952
Deals with safety and welfare of workers in mining operations. Women were previously barred from working in mines, but this restriction has been lifted in certain cases with adequate safety measures.
3. The Building and Other Construction Workers (BOCW) Act, 1996
Provides health and safety regulations for construction workers, including women, many of whom work as daily wage laborers.
It mandates registration of workers and provides for welfare boards to oversee safety, accident insurance, maternity benefits, etc.
4. The Code on Occupational Safety, Health and Working Conditions, 2020
This new code replaces 13 existing labor laws and is part of the government’s effort to simplify labor laws. It applies to factories, mines, docks, and other establishments.
Provisions:
- Mandatory safety standards for all workplaces.
- Provision for women to work night shifts with consent and safety measures.
- Special attention to ergonomics, cleanliness, and sanitation.
Challenges in Implementation
- Informal sector exclusion: Most women in India work in the informal sector, which is poorly regulated for safety.
- Lack of monitoring: Inadequate number of labor inspectors.
- Limited awareness: Workers often unaware of their rights and safety protocols.
Feminist Perspectives
Feminist scholars argue that laws often adopt a gender-neutral language which ignores the specific needs of women workers. Scholars like Joan Acker and Naila Kabeer emphasize the need for inclusive, gender-sensitive legal frameworks that consider both physical and emotional safety at the workplace.
Conclusion
India has made significant progress in framing laws related to sexual harassment and occupational health and safety. However, there is still a wide gap between legislation and implementation. For these laws to be effective, awareness, enforcement, and gender-sensitive policies must be strengthened. Creating safe and equitable workplaces is essential not only for justice but also for enhancing women’s participation in the workforce and national productivity.