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The A, B, C of sexual harassment

Mar 08, 2025 09:00 AM IST

This article is authored by Arshiya Sethi, founder and managing trustee, Kri Foundation and Asiya Shervani, DEI trainer and consultant with Unmute.help.

On this Women’s Day, in the wake of the issue of sexual harassment having reached the streets some time ago, with our wrestling champions spending almost 150 dramatic days and nights in the open, and artists ( dancers and musicians) in many centres making allegations against gurus, seniors and mentors, it is time to remind women and men that there are laws for such situations, which need to be implemented and they could be easily, only if we know, reiterate and demand this as a community.

Crime (Representational image) PREMIUM
Crime (Representational image)

Any of us who do not participate in ensuring that our workplaces are safe, have a well-functioning Internal Committee, a Code of Conduct and other mechanisms, are effectively enablers of sexual harassment. If we keep waiting for reforms to be handed to us on a platter, we are enablers. So, enablers of sexual harassment are not just those who support the perpetrators directly, but they are also those who ignore the abuse, or dilute the abuse using patriarchal arguments through mansplaining, ageism or gaslighting. To take control and have agency, we must know the a, b, c of sexual harassment. They are:

· A-Accountability: According to the Prevention of Sexual Harassment at work place Act (POSH Act, 2014), the accountability for the eradication of sexual harassment in formal and non-formal settings lies with the management and senior leaders of organisations and with local committees set up by district magistrates, and functioning under the aegis of the government. They are responsible for ensuring all mechanisms are in place and functioning efficiently. If they fail to create an Internal Committee (IC) which is progressive, empowered, trained and professional, they are liable to be punished. It is the statutory obligation upon employers to do everything in their power to ensure a level playing field for women and those who identify as women.

· B-Bullying: Workspaces where bullying and entitlement prevail, are fertile grounds for other kind of harmful and toxic behaviours, such as gender-based and sexual harassment, as well as other forms of misconduct and corruption including financial fraud. Bullying often takes the form of verbal abuse, emotional abuse and even body shaming. Having a fixed standard definition of beauty and shaming those who don’t fit that description is a form of harassment, even when disguised as “concern for health”. When combined with sexualisation or objectification, it morphs into sexual harassment. Bullying also encompasses mistreatment, shaming and stigmatising of same-sex and LGBTQ+ team members, who are marginalised and are low in the hierarchy of power, hence vulnerable to abuse. The spirit, if not the letter of the POSH law, can still help this community.

· C-Consent: Sexual harassment is no longer defined in terms of coercion. It is defined in terms of “unwelcome”. So, any act which is unwelcome, even if it appears as consensual, may be defined as sexual harassment after considering all possible contextual aspects. For instance, if your celebrated dance guru, senior professor in university (for whom you are dependent upon for references) or any person in a position of power makes strong advances towards you and you submit due to fear of repercussions on your career/reputation/aspirations, does not count as consent. This is a huge mindset shift for a culture like ours where our first response is to blame the complainant.

· D: Dignity: One of the major inspirations for the Vishaka Guidelines and the subsequent 2013 Act was the fundamental right to dignity, guaranteed under Article 21 of our Constitution. This right to dignity includes the right to livelihood and the right to pursue interests and aspirations without any fear of violation or intimidation. Dignity and self-fulfilment is a fundamental right and every employer must create an ecosystem where every person, including every woman, blossoms.

· E-External member: The IC is mandated to have an external member, often called the NGO member. This is a key position in the IC and organisations which are enablers of sexual harassment intentionally select weak and compliant external members so that they can control the outcome of the investigation. It is absolutely crucial to select an external member with a high degree of competence in gender-based abuse and all intersectional forms of violence against women and the marginalised, be it caste/sexuality/sexual identity-related marginalisations. Only then can the restorative and empathetic forms of investigations which lead to safe and equitable work cultures, envisioned in the 2013 Act, be achieved.

· F-FIR: Knowing how to write an FIR or even a complaint about sexual harassment, is a skill every woman should have. She should be aware of the correct terminology to use and be able to describe the misconduct/ incident in adequate detail without the help or counselling of the police officer or other well-wishers. Most advice women receive, comes under the category of benevolent sexism and is intended to force her to submit to the prevailing systems, not question or change them. Whether an FIR or a complaint, here are some tips. Be clear about the complaint. Write complaint against sexual harassment in the subject line. Stick to facts. Avoid emotional bursts. Gather and include evidence in a systematic manner. Remember, the criminal justice system moves only by evidence, but the IC/LC complaint moves in a quasi-judicial way via investigation of the IC.

· G-Gender expectations: Binary constructs of gender expectations perpetuate inequality. Predetermined ideas of what a man should be and what a woman should be, is directly responsible for various pervasive forms of abuse, ranging from body shaming to rape and acid attacks. The rights-based paradigm is what we should aim at achieving.

· H-Hostile work environment: The phrase ‘hostile work environment’ refers to the behaviour of an individual or group in a workplace that creates an uncomfortable, challenging and difficult work environment, for one or more persons. This includes behaviour that may leave other employees feeling overwhelmed, afraid or violated. Such offensive behaviour happens in many forms, including sexual harassment. A hostile work environment is sometimes referred to as an offensive, abusive or toxic work environment. Under the Indian law, hostile work environment is both a form of sexual harassment as well as a bedrock for sexual harassment.

· I-Internal committee: Every organisation, with a minimum of nine employees, permanent, temporary, or part-time, is mandated to have a competent, fully trained, functioning IC that is motivated to complete its job in a timebound manner, with each complaint to be completed in 90 days from the filing of the complaint. The IC is expected to be active throughout the year, organizing awareness workshops, panel discussions and other events aimed at raising consciousness and eradicating any chance of sexual harassment, and not just when there is a complaint to be addressed. Their goal is to embed gender equity in every practice and programme within the organisation, as well as encouraging best practices around safety, including advocating for safe and well-lit basement parking areas, ensuring equal women delegates and speakers at key conferences. When a complaint is made, it should be investigated promptly and in a thorough manner. Committees, must be formed with committed and genuine men and women, with women exceeding the men in numbers. The presiding officer should be a woman with a spine, sense of fairness as well as a nuanced understanding of gender, and strong ethics and integrity to discharge her duty as presiding officer, without being distracted by her own personal ambitions and affiliations, if any, with the boy’s club. The management needs to keep looking until they find a woman of this calibre to head the committee and if they cannot find one, they have to create one by training and counselling by the best available resources.

· J- Justice: The 2013 Act believes that organisations are capable of providing justice to women employees without the need of the police or courts, which are quite intimidating to most. The expectation is that organisations--whether they are academic institutions, hospitals, stadiums or film production houses or even corporate or government offices--have the intention to provide a just and fair work environment, and speedy restorative justice whenever the need arises. There is no excuse under this law, for not providing justice close to where the injustice happens. An employee should not feel the need to go anywhere else seeking justice, however if they do decide to, the organisation must fully support them.

· K-Kindred allyship: Kindred allyship, awareness and advocacy are essential if we want to bring inclusive transformation. The challenges, discrimination and abuse faced by all those who are and have been marginalised, has to be considered and plans for the future must include the well-being of all. Vasudhaiva Kutumbakam or ‘the world is one family’ should be the guiding principle.

· L= Local committees: The responsibility of creating and ensuring safe and respectful workspaces is not just expected from organisations. The State and local governments are responsible too, especially when the woman is working in the unorganised sector. Every district is mandated, to form a fully functional, well-trained local committee, that works under the district magistrate, to which those who do not have access to an IC can go. Unfortunately, the state governments have not taken this responsibility seriously, and here is a definitive area where civil society organisations, social leaders and influencers can make a difference.

· M= Modus operandi of abusers: Although it may appear and an accused may claim that the offense he committed was thoughtless and/or a “mistake”, research informs us that sexual misconduct is usually purposive. A strategy colours the modus operandi not only during the acts but also later, during the investigation process. Strategies used, especially when there is a power differential, more often involve giving gifts, lavishing attention, and attempting to form emotional bonds, rather than making threats or escalating to physical coercion, which may take time coming. For instance, initially, before it becomes sexual, a touch may feel non-sexual or comforting, misleading the victim. The 2013 Act clearly states that no matter how emphatically the accused person says that he did not intend to harass/intimidate/harm, what needs to be given more weightage is the impact of the action on the person who is receiving it.

· N-Networks of support: Networks of support can contribute extensively in both the prevention as well as redressal of sexual harassment. Networks and alliances have to be formed within organisations, across organisations and with NGOs, feminists, human rights activists, law enforcement personnel, legal practitioners, researchers, academics and civic/social bodies and the media. Patriarchy cannot be questioned, leave alone dismantled, if one is alone. Perhaps that is why abusers, closet-abusers, enablers and apologists work to isolate, demean, humiliate and exhaust victims, crushing chances of forming partnerships with individuals and collectives, who will empower them, educate them about their rights, and kindle hope. *

· O-Old boys’ club: Old boys’ club is an informal term used to suggest male-dominant social networks which control organisations and the organisational ecosystem. Empirical findings support the “old boys’ club” hypothesis and affirm that women tend to lose out opportunities even when qualified, if they have not been validated or approved by the old boys’ club. This club obviously does not refer to itself as the old boys’ club, rather it is a term used by those outside of this club. Such ‘clubs’ exist in almost all settings, from religion to politics, to academia, to corporate to media to health care.

· P-Procedures: Various organisations and managements with indecent intent hide behind “procedures” to avoid taking measures that eradicate sexual harassment and to delay the process of justice. They bring in complicated laws, internal procedures whereas they know fully well that the procedure for investigation laid down in the 2013 Act is meant to provide quick redressal and safety for all. Outdated complicated procedures depend on evidentiary requirements, like in a court of law, entangling the matter with red tape, delaying and derailing the process laid in the POSH Act. It is precisely because of these reasons, that to ensure speedy resolution, an alternate mechanism of justice, the IC, was created in 2013.*

· Q-Quid pro quo: The key elements of quid pro quo (literally this for that) in sexual harassment cases are 1) demands for sexual favours for advancement, and 2) the threat of adverse professional consequences if the demand is refused. Typically, in quid pro quo situations, the perpetrator is in a position of authority, or has some kind of a power or privilege over the complainant. It is important to note that even if the threat of adverse action has not been carried out, it qualifies as sexual harassment. It is enough that the threat was made or implied.

· R-Retaliation & revictimization: Retaliation against a woman who makes a formal complaint or attempts to provide feedback, regarding a form of discrimination or harassment, is common. Questioning status quo is usually disliked and when someone does that they are targeted and isolated, even compelled to ‘comply’. All these are forms of retaliation. Making the process of filing a complaint difficult or not providing a complainant the right support, victim-blaming, or making her run from pillar to post and repeat her testimony several times, making her feel unheard, mistreating her are all forms of revictimisation. Retaliation and revictimisation go hand in hand and the goal of both is to wear her down so that she falls in line.

· S-Sexual harassment: Includes such unwelcome sexually determined behaviour (either directly or by implication) as 1) physical contact (touch, is enough, even if it is short of old-fashioned descriptors like digital manipulation and penile intrusion) and such advances 2) a demand or request for sexual favours 3) sexually-coloured remarks 4) making, sharing or showing of pornography 5) any other unwelcome physical verbal or non-verbal expression or conduct of a sexual nature.

· T-Training: High-quality, progressive, up-to-date, regular and continuous training of all employees, stakeholders and collaborators, as well as the IC members is essential to make this system work. Specialised training must compulsorily be given to all instructors/mentors/managers and people in leadership positions.

· U-Unwanted sexual attention: Giving unwanted attention and unwanted sexual attention is a form of grooming. Grooming is an attempt to build trust before the sexual strike and should be seen as a red flag by all those responsible for eradicating sexual abuse and harassment. Perpetrators often tell their potential/future victims that they are special, exceptional and offer their time and “guidance” to them. This is often a trap to win their trust so that the exploitation or harassment is not sensed. A well-trained IC will accept a complaint where a complainant brings up the matter of uncomfortable compliments, unreciprocated flirting, sleazy sense of humour, unsolicited advice, intrusive questions and an unwanted interest in one's personal life. These are examples of interactions which the police may not be willing to take up, but it is the job of the IC to address these.

· V-Victims as children: Underage youth and children can be victims of sexual harassment in specialised workplaces like, schools, hospitals, sports fields, dance and music classes and theatre and film sets. India has a very strong and specialised law, one of the strongest globally, to protect and deal with child sexual abuse-the Protection of Children from Sexual Offences Act (POCSO), which was passed in 2012. It covers sexual assault, sexual harassment, and pornography. The POCSO Act suffers from weak implementation. As such, it is another area for effective lobbying.

· W-Witness: Under the 2013 Act, not just the recipient of sexual violence, but even a witness or an observer can make a formal complaint that the committee has to mandatorily accept and investigate. Witnesses have a big responsibility towards ensuring that the work environment is safe and for that they may need to raise their voice even if they are not being directly harmed. Be a real witness not an apathetic observer. Motivate victims to unmute and speak up yourself too.

· X-Xenophobia: A dislike of or prejudice against people from other countries, or people who you see as different from you, is xenophobia. Supremacy and misogyny are forms of xenophobia. Women in professional spaces, are often seen as inferiors who don’t belong. Particular segments of society or the workplace, can be targeted, and face brutal harassment, including sexual harassment, due to their difference in appearance, religious or political beliefs, nationality, sexuality, caste or other affiliations. Moreover, their attempts to seek justice, are often dismissed and othered. They are accused of being ungrateful for the opportunities they are given. A xenophobic organisation is a fertile ground for offensive and arrogant behaviour and dominance of one group over others.

· Y-You: Your role in countering this menace is unlimited, including training through the year, speaking truth to power each time, in every case, resisting gas lighting, victim shaming, victim blaming and building solidarities. Wisen up, so you avoid being played and having your mind controlled. Change resists inactivity. The status quoists determinedly don’t want things to change. But your commitment to the cause, can move mountains.

· Z-Zero tolerance institutionally: It is the responsibility of the employer to ensure, in no uncertain terms, that there will be zero tolerance towards a sexual harasser remaining in the system. If behaviours that amount to sexual harassment are not nipped in the bud, and the message of zero tolerance is not relayed loudly and clearly from persons in authority, such behaviour will likely escalate to violent and pervasive forms of sexual dominance, including rape and sexual assault. However, zero tolerance does not mean that a thorough investigation will not be conducted on every complaint, or that the accused will not get a chance to defend himself. Organisations which take knee jerk actions against the accused, including dismissing or terminating his contract without an investigation, are in contradiction to the law and its due process.

This article is authored by Arshiya Sethi, founder and managing trustee, Kri Foundation and Asiya Shervani, DEI trainer and consultant with Unmute.help.

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