Madras High Court Says Asking A Female Employee To Do Her Job In A Harsh Manner Cannot Be Considered Sexual Harassment. We Have To Agree
Sexual harassment at work by definition means the kind of a behaviour that is marked my unwelcome or inappropriate sexual remarks directed at someone in the workplace or in a professional set up/organisation. A concept you’re probably too familiar with already if you’re a woman, because come on, most women have faced it. However, after years and years of putting up with it, sometimes out of the social conditioning and other times out of fear of losing everything we’d worked hard for in our career, women are finally feeling emboldened enough to make a noise and to not just sit and take it anymore. Of course, there are exceptions to the rules outlines in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
This was an act that was formed to safeguard the interests and safety of employees who were being exploited sexually at the workplace, but we all knew, and have always known that something good could also be twisted around for personal gain. After a complaint was lodged in the Madras High court one that perhaps largely allowed for many interpretations, the court cautioned people by putting out a statement saying the act cannot be used for personal gain “with exaggerated or non existent allegations.”
Justices M Sathyanarayananand R Hemalatha said that, “Though the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is intended to have an equal standing for women in the work place and to have a cordial workplace in which their dignity and self respect are protected, it cannot be allowed to be misused by women to harass some one with an exaggerated or non existent allegations.”
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"Every office has to maintain certain decorum and women employees cannot be allowed to go scot-free without completing their assignments," the #MadrasHighCourt said. #sexualharassment #POSH @NewIndianXpresshttps://t.co/9u6PAJ4d1P
— TNIE Tamil Nadu (@xpresstn) February 23, 2020
They further observed, “A solitary allegation of intemperate language against a female employee does not constitute an offence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.” And while we do understand the intent behind it, which is to make sure that the act itself does not become a means to exploit men in return, we feel this comes at a high cost for women.
Mostly, we understand. If you’re asked to complete the task assigned to you at work, or are directed to, perhaps in harsh language (but not sexual)to do your job, it’s not sexual harassment. Everyone, irrespective of their gender, can be asked to do the work they are being given a salary for.
But the way sexual harassment starts at workplace is under the garb of a harmless comment, and they do keep it about work initially, is then brushed off as a joke and when met with no consequence may escalate into something worse.
However, not turning a blind eye here to the fact that the women could too be more than capable of turning this around, it might just be best to have more vigilant people and a cautious eye at workplaces. The Madras High Court also observed in its ruling that, “Every office has to maintain a certain decorum and women employees cannot be allowed to go scot-free without completing their assignments. The Administrative Head or the Chief has every right to extract work and he or she has his or her own discretion and prerogatives. If a woman employee is discriminated against due to her inefficiency or for any other official reasons, the recourse for her is not the one taken by this complainant.”
And while it is only fair, we do hope it remains fair and is not twisted to once again strong arm women into submission.
