Why Sexual Harassment Law Should Remain Focused on Women: An Analysis
Men and transgender persons also face harassment at work, but the solution isn’t to include them in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Here’s why.
Impact of Violence on Women’s Employment
Violence hinders women from securing employment and accessing financial resources. Reports from the International Monetary Fund (IMF) and the World Bank show that fear of sexual harassment can lead women to make poorer economic choices. For instance, in areas with higher crime rates against women, around 32 women per 1,000 are deterred from joining the workforce. Women are less likely to work away from home where the threat of harassment is perceived to be higher.
Addressing Women’s Safety Concerns
Siddique (2020) suggests providing special transport facilities, self-defense training, and a stronger policing and legal framework to protect women from sexual assaults. Media reports on sexual violence can heighten women’s fear and anxiety, making them less likely to work outside their homes. This fear can prevent women from pursuing jobs or advancing their careers, highlighting the need for targeted protections.
The Case for a Gender-Focused Law
There is a debate about whether India needs a gender-neutral workplace sexual harassment law. Critics argue that the Sexual Harassment of Women at Workplace Act, 2013, is unfair because it excludes men and transgender persons from filing complaints. However, focusing on women’s unique experiences of harassment is crucial because they face distinct challenges in the workplace.
Why a Gender-Neutral Law May Not Be the Solution
Advocates for amending the law to be gender-neutral often cite the experiences of men and claim that the current law is unequal. However, making the law gender-neutral could dilute the protections specifically needed for women, who are disproportionately affected by workplace harassment.
Conclusion
While harassment at the workplace is a serious issue for everyone, the Sexual Harassment of Women at Workplace Act, 2013, addresses the unique challenges faced by women. To better support all victims, separate policies might be more effective than altering a law designed to protect women’s rights and safety in the workplace.
FAQs
Why is the Sexual Harassment of Women at Workplace Act focused only on women? The Act focuses on women because they face unique and significant challenges regarding workplace harassment.
Shouldn’t the law protect everyone from harassment? While everyone deserves protection from harassment, separate policies may be more effective in addressing the specific needs of different groups.
Can men and transgender persons file complaints under this Act? Currently, the Act is designed to protect women, but there is a growing discussion on how to address harassment faced by men and transgender persons separately.
By maintaining a focus on women’s unique needs, the law can better protect and support them in achieving equal opportunities and safe working environments.
