India’s Anti-Harassment Law Protections Should Extend Further

The issue of sexual harassment in India, particularly in the workplace, has historically been viewed through a gendered lens, primarily focusing on the harassment of women by men. This narrow perspective not only fails to acknowledge the experiences of male workers and LGBTQ+ workers of all genders, but also perpetuates harmful stereotypes about gender and power dynamics.

Although the filing of sexual harassment complaints against women is permitted under India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the absence of explicit recognition of men’s susceptibility to sexual harassment under the POSH Act reflects a gap in understanding and addressing the issue comprehensively. This limited inclusivity of the POSH Act conflicts with constitutional principles of equality.

Underreporting of Harassment

Data specifically focusing on sexual harassment of cisgender men and transgender workers in India is relatively scarce, predominantly owing to factors such as underreporting, entrenched societal stigma, limited awareness, and the fear of retaliation. Nonetheless, a handful of studies and surveys do provide some insights into this issue.

In 2019, TimesJobs conducted an extensive survey titled Male Sexual Harassment in the Workplace, shedding light on the prevalence of men as victims. The survey of 1,100 male employees nationwide yielded insightful findings. Notably, it found that a majority of perpetrators—60 percent—in cases of male harassment at workplaces were women.

Furthermore, it revealed that 53 percent of these perpetrators held middle management positions, while 20 percent occupied senior managerial roles. A significant revelation from the survey was that 30 percent of men feel reluctant to discuss workplace harassment due to apprehensions of ridicule by their peers. A quarter of men refrained from reporting such incidents because they feared repercussions on their career advancement.

Approximately 65 percent of men disclosed experiencing judgment based on their appearance and sexuality in their workplace, with 56 percent reporting unwelcome leers and gestures. Alarmingly, over 80 percent of men expressed dissatisfaction with how cases of male sexual harassment were handled within their organizations.

Likewise, a 2019 survey by The Guardian found that 70 percent of LGBTQ+ people face sexual harassment in the workplace.

POSH Act’s Requirements

Section 2 of the POSH Act defines “aggrieved women,” while Section 3 prohibits sexual harassment against women in workplaces, excluding men and LGBTQ+ people. There are provisions within the legal framework that offer avenues for redressal for men and transgender individuals falsely accused of harassment, providing them with a fair opportunity to be heard and the right to appeal against Internal Committee (IC) recommendations. Nonetheless, the absence of a comprehensive system for addressing sexual harassment complaints from these individuals may result in workplace discrimination and gender bias.

Gender-Inclusive Anti-Harassment Policies

Companies, regardless of size, can implement a comprehensive, accessible, gender-inclusive anti-harassment policy, enabling the IC to investigate complaints from people of all genders, as detailed within the policy itself. Any actions taken by the IC in response to such complaints should be considered to be part of the company’s disciplinary procedures, whether against the respondent or the complainant.

Additionally, each organization’s IC should strive to maintain a balanced representation of genders to ensure fairness and impartiality in handling complaints. By doing so, companies can demonstrate a proactive stance in addressing sexual harassment while reaffirming their dedication to maintaining a safe, respectful, and inclusive workplace environment for all employees.

Proactive Steps

To cultivate a workplace environment that upholds professional boundaries—and as mandated under the law—companies should conduct training sessions for employees to raise awareness about sexual harassment, its impact, and appropriate workplace behavior. Additionally, orientation sessions should be provided for members of the IC. These initiatives should incorporate specialized training modules focusing on the experiences of cisgender men and transgender people along with instructions on bystander intervention techniques. Collaboration with external organizations, such as LGBTQ+ advocacy groups or gender equality organizations, can provide expertise and resources for building a supportive and inclusive workplace.

It’s essential to ensure that all employees, regardless of seniority, undergo training on the company’s anti-harassment policy upon joining and receive refresher sessions at least annually. Maintaining records of attendance is crucial to track compliance and ensure that everyone in the workplace remains informed about expectations and procedures regarding respectful conduct.

Employers should introduce confidential support systems within the organization, such as employee assistance programs or counselling services, to aid employees experiencing sexual harassment. Ensuring these services are accessible and sensitive to the needs of cisgender men and transgender people is essential.

Another effective practice involves conducting periodic assessments and monitoring the implementation of policies, with a specific emphasis on complaint-handling procedures. It’s crucial to ensure that complaints are addressed with sensitivity, confidentiality, fairness, and promptness. Above all, employers must prioritize guaranteeing a secure working environment where employees feel empowered to report incidents of sexual harassment without fear of retaliation.

Respect and Inclusion

By implementing the outlined strategies, Indian companies can establish a workplace environment where every employee feels respected, valued, and safe from sexual harassment. It’s crucial for organizations not to lose sight of the significance of fostering a culture characterized by respect and inclusion. This entails promoting positive workplace behaviors, addressing harmful attitudes or deeply ingrained stereotypes contributing to harassment, and encouraging open dialogue, a sense of belonging, and mutual respect among all employees, regardless of gender.

Achieving true gender equality and promoting a safe, inclusive work environment necessitates a multifaceted approach spanning legal reforms, cultural shifts, and proactive measures to challenge biases. By addressing legal and cultural challenges head-on and aligning laws with constitutional mandates, India can take significant strides toward upholding dignity and equality for all individuals in the workplace, thereby creating a safer and more equitable environment for everyone.

Madhvi Datta is an attorney with Kochar & Co. in Gurgaon, India.