Prevention of sexual harassment to women at

work place in India

A detailed Social Marketing Plan

Executive Summary

Socio-cultural Situation in India

National Laws and policies on Women

• The Constitution of India recognizes equality of right of women;

• One-third of seats reserved for women in the urban and local self-government;

• Free and compulsory education - a justiciable fundamental right for all children between 6-14 years;

• National Commission for Women- 1992

• The Protection of Women from Domestic Violence Act’-2005

• National Policy for the Empowerment of Women-2001

Women in decision making

Parliament 5%(1952) 9.2% (2004)

Central ministers (nos)

4 (1985) 8 (2001)

Civil services 579(1997) 645(2000)

Women in Civil Service

0

100

200

300

400

500

600

700

1987 1997 2000

IAS

IPS

Women and education- gender development indicators

Female literacy rates 39.3%(1991) 53.7%(2001)

Gender gap in literacy 25% (1991) 21% (2001)

Gross enrolment ratio - primary education - girls

64.1% (1980-81) 93.1%(2002-3)

Girls participation -secondary education

13.3%(1950) 39.9% (2001-2)

Women and healthSome indicators

Overall sex ratio 927(1991) 933(2001)

Ratio for 0-6 yrs 945(1991) 927(2001)

Maternal Mortality Rates (per 100,000 live births)MMR

437(1991) 407(1998)

Life expectancy at birth (years)

Males

37.1(1951) 63.87(96-2001)

Females 13.3%(1950-51) 66.91%(96-01)

Some Famous Cases of Sexual Harassment

• 1986 : S. Mudbhatkal worked as a hostess for Saudi Arabian airlines. Her services with airlines were terminated because she refused to surrender to the sexual demands made by her superior but she filed a suit, she fought for 11 years. In 1997, she was awarded full wages and continuity of services with effect from 1985. Sadly, the airlines appealed to Bombay High Court, which granted a stay.

• 1994: Doordarshan (Hyderabad) producer Sailaja Suman took director P L Chawla to court on charges of defamation, criminal intimidation and trying to outrage her modesty. She filed two separate cases in the metropolitan magistrate's court. Unfortunately, Suman was transferred to Lucknow.

• Nutan Sharma, a steno in the Union Ministry of Railways, was transferred, following her complaint that R P Sharma, secretary to the Chief Operating Manager, molested her.

• Alisha Chinai's suit against music composer Anu Malik, demanding Rs. 26,60,000 as damages for sexual harassment, met with a similar fate. Malik filed a Rs. 2 crore defamation suit.

• Successful case : Rupan Deol Bajaj. Bajaj sexually harassed by the then DGP of Punjab, K P S Gill. She accusing him of indecent behaviour, Bajaj fought an 8-year legal battle. The hard work paid off. Gill was convicted and sentenced to three months RI.

What is sexual harassment?

• Harassment in subtle ways, which may include sexual innuendoes, inappropriate sexual gestures and propositions for dates or sexual favors. In more blatant forms its extreme unwanted physical contact

• Sexual harassment becomes even more serious when the granting of sexual favors is made a term or condition of the individual's employment, when it interferes with the individual's work performance or it creates an intimidating or hostile work environment. The offensive conduct could be exhibited by a superior, a colleague, a subordinate or a client.

• Simply put, sexual harassment is any unwelcome verbal or physical conduct directed at a victim on the basis of gender.

Legally

ASSAULTS OR USES CRIMINAL FORCE TO ANY WOMEN,INTENDING TO OUTRAGE OR KNOWING IT TO (this is a definition under sec 354 IPC)

As per Supreme Court -Sexual Harassment is : Any unwelcome sexually determined behaviour, such as:- • Physical contact• A demand or request for sexual favours• Sexually coloured remarks • Showing pornography• Any other physical, verbal or non-verbal conduct of a sexual

nature.

What is the workplace?

• The workplace is any area where the employee is required to represent, carry out, perform or implement any duties, obligations or services required.

• By this token, a home would be a workplace for a domestic maid.

• For a person engaged in a field job, the area that she covers in the course of her work represents her workplace.

What is the employer's responsibility?

• Responsible for creating appropriate working conditions for health, work, leisure and hygiene.

• On complaint to the employer, employer should make appropriate investigations. If the employer does not pay heed to the complaint, he can be held responsible.

• The employer must set up a complaint mechanism in each department of the company.

• The Supreme Court's guidelines are binding on Central and State governments and the private and public sector.

• If the employer does not comply, he has to face a writ petition for contempt of court.

What can women do?

• As women, they can make it easier for themselves

• Shed our mentality of tolerance. • Express strong resistance the first time it occurs. If one allow the action to

take place without expressing strongest disapproval, the offender will assume that he has consent.

• Don't encourage males to behave unbecomingly with you or try to attract their undue attention. At all times, maintain your own self-respect.

• Dress in a manner that befits a work environment.

• In case someone behaves with you in a manner that makes you feel uncomfortable, protest loudly and at once.

•Register a First Information Report with the police station. nd productive manner.

Threats and Opportunities

Threats/Effects of Sexual Harassment –Individuals

• Decreased work or school performance; increased absenteeism • Loss of trust, job or career, loss of income • Having to drop courses, change academic plans, or leave school. • Having one's personal life offered up for public scrutiny• Being objectified and humiliated by scrutiny and gossip • Defamation of character and reputation • Extreme stress upon relationships with significant others. • Weakening of support network, or being ostracized from professional or

academic circles (friends, colleagues, or family may distance themselves from the victim, or shun him or her altogether)

• Having to relocate to another city, another job, or another school • Loss of references/recommendations • Some of the psychological and health effects that can occur in someone who

has been sexually harassed: depression, anxiety and/or panic attacks etc.

Effects of sexual harassment on organizations

• Decreased productivity and increased team conflict • Decrease in success at meeting financial goals (because of team conflict) • Decreased job satisfaction • Loss of staff and expertise from resignations to avoid harassment or

resignations/firings of alleged harassers; loss of students who leave school to avoid harassment

• Decreased productivity and/or increased absenteeism by staff or students experiencing harassment

• Increased health care costs and sick pay costs because of the health consequences of harassment

• The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment

• If the problem is ignored, a company's or school's image can suffer • Legal costs if the problem is ignored and complainants take the issue to

court.

Opportunities- if such acts prevented

• Improved productivity due to improved morale of employees due to fairness and equal opportunity.

• Improved employee turnover rate

• Enhancement of image of company

• Saving on legal costs that arise out of defamation suits

• Building of teamwork and trust

Marketing Mix /Strategy

Product- Prevention of sexual harassment guidelines

• Guidelines ( History) When Bhanwari Devi was gang-raped as a punishment for trying

to stop child marriage, women's organisations filed a writ in the Supreme Court to intervene in the matter and take steps to discourage and penalise sexual harassment at the workplace.

In the wake of this incident, the Supreme Court issued guidelines.

The Bhanwari Devi case revealed the hazards to which a working woman is exposed and the depravity to which sexual harassment can stoop.

Guidelines that govern sexual harassment at the workplace

• Sexual harassment results in the violation of the fundamental right to "gender equality" and "the right to life and liberty" besides the right under Article 15 of the Constitution (which deals with the prohibition of discrimination on grounds of religion, race, caste, creed or sex).Keeping these rights in mind, the Supreme Court has passed twelve guidelines that have the force of law.

• They were taken by a division bench as there was "an absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment at the workplace."

• These guidelines are to be observed until legislation is enacted.

• "It shall be the duty of the employer/other responsible persons in the workplace/institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment."

Guidelines

• "The employer should initiate action in accordance with the law by making a complaint with the appropriate authority. Victims should have an option to seek their own transfer or that of the perpetrator."

• "A complaint mechanism should be created in the organisation. This complaint mechanism should ensure time-bound treatment of complaints. The complaints committee should be headed by a woman and not less than half of its members should be women. In order to prevent the possibility of undue pressure or influence from senior levels, a third party, especially a NGO familiar with sexual harassment, should be involved in the complaints committee."

• "The committee must submit an annual report to the government. Employees must be allowed to raise the issue of sexual harassment at various fora."

• The guidelines also provide for the initiation of criminal proceedings where sexual harassment is proved beyond doubt.

Price

• Price of implementation of these guidilines at various corporate workplaces

• Price to spread awareness at various levels – employee, corporate and society

• Price to bring out supporting legislations

• Price to fund the NGO’s and support groups

Place

• Workplaces

• Schools, colleges- Educational Institutions

• NGO’s and self help groups

• Women organisations

• Courts, Police Stations and other complaint forums

Promotion

• Integrated use of advertising, • public relations, • promotions, • media advocacy, • personal advocacy and • entertainment vehicles. • NGO activisms

• The focus is on creating and sustaining the spread and implementation of the product ( Guidelines).

• Research is crucial to determine the most effective and efficient vehicles to reach the target audience and increase demand. The primary research findings themselves can also be used to gain publicity for the program at media

Publics

• Audiences that their program has to address in order to be successful.

• "Publics" refers to both the external and internal groups involved in the program.

• External publics include – the target audience ( working women), – secondary audiences ( male peers),– Policymakers ( law and management), and– Gatekeepers (working group within organisation) ,

• Internal publics are those who are involved in some way with either approval or implementation of the program.

Partnership-

• The issue is so complex that one agency can't make a dent by itself one needs to team up with other organizations in the community to really be effective.

• The organizations have similar goals to yours--not necessarily the same goals--and identify ways you can work together.

• Teaming up with NGO’s, Women’s organizations, activists , journalists, lawyers and social service organisations.

Policy

• Social marketing programs can do well in motivating individual behavior change, but that is difficult to sustain unless the environment they're in supports that change for the long run.

• Often, policy change is needed, and media advocacy programs can be an effective complement to a social marketing program.

Action Plan

• Training Corporate Houses (Details on Notice Board)

• Training in schools colleges and educational institutions

• Funding local NGO’S to spread the message

• Encouraging self help groups within organizations

• TVC –promotion ( guidelines and related agencies)

• Promotion of Helpline no (like heart care helpline)

Action Plan

• Celebrity endorsement – Preity Zinta or Sania Mirza

• Sponsoring contests like Femina Miss India, Female achievers awards to spread awareness.

• Involvement of women members in the state bodies ( BMC) and legislature (Assembly) so that proper policy formulation can be done at the grass root level.

• Special cell in police/courts comprising of women members

Budget

Budget for a program

  Hits Period

Unit Cost Total Cost

Advertising in women’s magazines (Partly Sponsered) 12 Every 3 Months 50000 60000

Training Corporate Houses )(With KOLs) Top 100

CorporatesOne time

Activity 5000 500000

Training in schools colleges (Teachers Awareness thru volunteers) Both Rural/ Urban      

Funding local NGO’S to spread the message 100 Annual 50000 5000000

Encouraging self help groups within organizations - Rural 1000 Annual 10000 1000000

TVC –promotion - Corporte Sponsered 200 Bi- Annual 10000 2000000

Promotion of Helpline no       200000

Celebrity endorsement 10 Bi- Annual 0 0

Sponsoring contests like Femina Miss India (Thru Corporates) 1 Annual Event 200000 200000

Involvement of women members in the state bodies N A Annual 150000 150000

Seminars/ PR Activity at Rural Places 5000 Throught Year 5000 250000

Exp on Fighting the existing Cases       500000

Misc       500000

         

Grand Total       10360000

Control

• Record the incidences and complaints

• Check if the victim or organizations was aware of the law or guidelines

• Check implementation of policy after each seminar or training

• Check the incidences where report was made/ not made

• Audit of NGO’s on a regular basis

• Research on the effect of endorsement or sponsorship ( TRP’s generated)

Thank You