While I have been asked to make a comment here, I would preface my remarks by saying that I do not have any experience in this matter.
However, in nearly 50 years of working life, I have seen and heard a lot of things that disturb me. Sexual harassment is probably one of the worst things and should never be tolerated nor condoned by anyone under any circumstances.
Firstly let me say that I agree with OP, any legislation should be gender free. Women can, and do, harass men just men harass women. But it does not stop there, gay people also suffer considerable harassment in the workplace. Many years ago, a friend of mine (straight) was threatened with being fired from his job if he did not submit to his manager's advances. I am sure that lesbian females also suffer the same fate - but from both predatory male AND female managers.
For the most part I feel that a lot of this behaviour is based on power. Managers have power over staff and they can exercise this power in many ways, not all of them good. Sadly I don't think we can ever stop this completely. However as more people become educated, aware and empowered, then we can start to make progress.
Governments can pass all the laws in the world, but the real problem is getting people to complain, getting it to court and then getting a conviction to stick. I don't know about India, but it seems to me the success rate of convictions is not high. People are too scared to complain - they can lose a job that they cannot afford to lose, they are threatened if they make a complaint etc etc.
To make any real progress here, we have got to convict the wrongdoers and be seen to clamping down hard on this sort of thing. Only then will people feel empowered to speak up without fear that the crimes will go unpunished.
It starts at company level. Companies must have a very clear and unambiguous sexual harassment policy in place and police it rigorously. Adherence to that policy must start at the very top with clear direction from the head of the company and the board as appropriate. Too often companies turn a blind eye, specially if the perpetrator is a "star" performer that the company could ill afford to lose. No staff member should ever feel that they could not get justice in a legitimate case of harassment.
Finally, on the question of false accusations that has been mentioned. Again, I agree that anyone falsely accusing another (of either gender) of sexual harassment as pay back for something, is abhorrent and should be dealt with under the full force of the law. Actions like that should never ever be tolerated. Too many good people have had their lives and careers ruined because of this.
In closing, a few other pointers. No-one should ever put themselves in a position where sexual harrassment could occur. Now I know that is not easy, and serial predators are very devious. However, one should take obvious precautions, particularly if you know a person could be out to make trouble. I guess this can include things like never being alone with that person, being very careful at out of office functions, particularly where alcohol is involved, or in work travel situations etc. Whilst I am loathe to say it, it can also mean females dressing appropriately for the office and not inviting undue attention. I realise that can be construed as a sexist remark, but I have seen it happen time and time again. However, I will mitigate that by saying that I have also seen males dressing provocatively, so it works both ways.
I have probably not covered everything here and I am sure my post will generate discussion!
From Australia, Melbourne
663However, in nearly 50 years of working life, I have seen and heard a lot of things that disturb me. Sexual harassment is probably one of the worst things and should never be tolerated nor condoned by anyone under any circumstances.
Firstly let me say that I agree with OP, any legislation should be gender free. Women can, and do, harass men just men harass women. But it does not stop there, gay people also suffer considerable harassment in the workplace. Many years ago, a friend of mine (straight) was threatened with being fired from his job if he did not submit to his manager's advances. I am sure that lesbian females also suffer the same fate - but from both predatory male AND female managers.
For the most part I feel that a lot of this behaviour is based on power. Managers have power over staff and they can exercise this power in many ways, not all of them good. Sadly I don't think we can ever stop this completely. However as more people become educated, aware and empowered, then we can start to make progress.
Governments can pass all the laws in the world, but the real problem is getting people to complain, getting it to court and then getting a conviction to stick. I don't know about India, but it seems to me the success rate of convictions is not high. People are too scared to complain - they can lose a job that they cannot afford to lose, they are threatened if they make a complaint etc etc.
To make any real progress here, we have got to convict the wrongdoers and be seen to clamping down hard on this sort of thing. Only then will people feel empowered to speak up without fear that the crimes will go unpunished.
It starts at company level. Companies must have a very clear and unambiguous sexual harassment policy in place and police it rigorously. Adherence to that policy must start at the very top with clear direction from the head of the company and the board as appropriate. Too often companies turn a blind eye, specially if the perpetrator is a "star" performer that the company could ill afford to lose. No staff member should ever feel that they could not get justice in a legitimate case of harassment.
Finally, on the question of false accusations that has been mentioned. Again, I agree that anyone falsely accusing another (of either gender) of sexual harassment as pay back for something, is abhorrent and should be dealt with under the full force of the law. Actions like that should never ever be tolerated. Too many good people have had their lives and careers ruined because of this.
In closing, a few other pointers. No-one should ever put themselves in a position where sexual harrassment could occur. Now I know that is not easy, and serial predators are very devious. However, one should take obvious precautions, particularly if you know a person could be out to make trouble. I guess this can include things like never being alone with that person, being very careful at out of office functions, particularly where alcohol is involved, or in work travel situations etc. Whilst I am loathe to say it, it can also mean females dressing appropriately for the office and not inviting undue attention. I realise that can be construed as a sexist remark, but I have seen it happen time and time again. However, I will mitigate that by saying that I have also seen males dressing provocatively, so it works both ways.
I have probably not covered everything here and I am sure my post will generate discussion!
From Australia, Melbourne
I do agree that there may arise false complaints by women in the light of a policy against sexual harassment. But the thing is that even with lots of empowerment taken place, the women in rural areas are still weak in many respect. For those in metros or developed cities or rather engaged in specialised services like and IT or hospitality the thing may be different but in traditional industries women are still being harassed a lot. The Law can not be made applicable only to women in rural areas or those having less education.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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4-Prevention Of Sexual Harassment at the Work Place.doc
Sexual Harassment-At work Place.pdf