Sparked by the #MeToo movement, the International Labour Organization (ILO) on June 21 adopted a ground-breaking global convention against violence and harassment at the workplace. The first-ever global treaty of its kind, this convention means that there is now an international legal standard to protect workers from harassment, violence and abuse.
The convention recognises the importance of protecting not only female but also male workers and has extended such protection to all irrespective of their contractual status – trainees, interns, apprentices, terminated employees, volunteers, job seekers and job applicants. The convention will be binding on governments that ratify it, and it applies to all sectors, whether private or public. It places clear responsibilities on employers and governments to tackle violence and harassment at the workplace.
The convention recognises “the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment” and further recognises that “violence and harassment in the world of work can constitute a human rights violation or abuse, and that violence and harassment is a threat to equal opportunities”. Governments that ratify the convention will be required to develop national laws prohibiting workplace violence and provide access to remedies through complaint mechanisms, dispute resolution mechanisms and to provide measures to protect victims, witnesses and whistleblowers from retaliation.
Formation of Sexual Harassment at Workplace Act
India is a founder member of the ILO, which came into existence in 1919. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was promulgated pursuant to the decision of the Supreme Court in Vishaka and Ors. vs State of Rajasthan and Ors, (1997) 6 SCC 241.
A class action writ petition was filed before the apex court to find a suitable mechanism for prevention of sexual harassment of working women in all workplaces through a judicial process, in order to fill a vacuum in the existing legislation. The court held that instances of violation of fundamental rights of gender equality including sexual harassment of women at the workplace was a clear violation of the fundamental rights guaranteed under Articles 14, 15 and 21 of the Indian constitution.
Also watch: India Owes its Sexual Harassment At Workplace Act to a Brave Bahujan Woman
The Supreme Court in Vishaka laid down certain guidelines to be followed by employers at workplaces to ensure the prevention of sexual harassment of women. Such guidelines were made binding and enforceable by law, until suitable legislation was enacted. Thereafter, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act came into force on April 22, 2013. It was promulgated to make appropriate provisions for giving effect to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was ratified by the Indian government on January 25, 1993.
Section 9 of the aforementioned Act gives the right to any aggrieved woman to make a complaint in writing against sexual harassment at the workplace to an internal complaint committee (ICC) if so constituted, or the local committee in the absence of ICC, within three months from the date of the incident, and in case of series of incidents, within three months from the date of the last incident.
Lack of legal protection for male workers
There is, however, no law at present in India which gives male workers any grievance redressal mechanism against harassment and violence at the workplace. The recent ILO Convention bridges that gap, as it recognises the need of all workers, irrespective of gender, to be protected against harassment at the workplace.
Also read: Cheat Sheet to the Handbook of Sexual Harassment of Women at the Workplace
Harassment can be both physical and mental, the latter being harder to prove in many cases, especially when the perpetrator is the owner of the organisation. India has one of the highest rates of suicide in the world and nearly 70% of all suicide deaths in India involve males (National Health Profile, 2018). Of the 1,33,623 people who killed themselves, 68.49% (91,528) were males as against 42,088 females.
The fact that a hostile work environment has an adverse effect on one’s mental health should come as no surprise. Such suicide statistics are not surprising considering men have no laws in the country to protect them against harassment at the workplace. In India, men make up most of the workforce, yet there are no laws in place to protect them from such harassment.
The ILO Convention recognises violence and harassment in the world of work not only in the office but also places that are connected with employment – where the worker takes a rest break or a meal, or uses sanitary, washing and changing facilities, work-related trips, employer-provided accommodation, commute to and from work, etc.
It took India 16 years to enact a legislation to protect the interests of women at the workplace after the Vishaka Guidelines. Hopefully, the current regime will take heed of the historic ILO Convention and swiftly enact a law protecting the interests of all workers, irrespective of their gender, to ensure a better working environment. A better and safer work environment will not only enhance the quality of services provided by the workers but will go a long way in ensuring better mental health and well-being of the citizens of the country.
Atasi Ghosh is an advocate at the Calcutta high court. She holds law degrees from the University of Calcutta, the University of Cambridge and the University of Law, Leeds.