Need For Equality Among Equals

On August 9, 2024, a 31-year-old female postgraduate trainee doctor at R.G. Kar Medical College and Hospital was brutally raped and murdered. In today’s world, human beings are recognized as species that fall under different genders. Though men and women both belong to the Homo sapiens species, the question arises: Are they truly treated equally? Women continue to face harassment and discrimination. Cases of gender based violence have been rampant, and unequal pay persists, while women receive lower wages than men for performing the same job. 

What bars women from walking safely outside at night? This problem has become a major issue. Unlike men, women also undergo the same tests to be qualified for entry tests, get admission into high-ranked universities, and attend their classes with full  dedication. Yet, they still face problems in getting employment. And what do they get in return? They face sexual harassment at workplaces. 

While Legislation like the Sexual Harassment of Women at Workplace Act of 2013, exists, it’s implementation remains questionable. This paper seeks to examine the real challenges faced by women and explore the limitations of such laws in preventing crimes against them. Is it fair to claim that such enactments are made in Favor of justice, yet fault to ensure timely delivery of justice? 

To deal with women’s safety in workplace, the PoSH (Protection of Women from Sexual Harassment) Act 2013 was enacted. The act was formed to safeguard women from harassment at workplaces and ensure a safe working environment for them. This act was introduced following the case of Vishaka vs. State of Rajasthan. 

The incident that sparked this case occurred in 1992, and involved Bhanwari Devi, who was employed under the rural development program of the Rajasthan Government. She was gang-raped for her efforts to oppose child marriage and for supporting the government’s campaign against it. In an act of revenge, five men first attacked her husband and then they gang-raped her. The sorrow is that the accused persons were freed due to political influence, as they belonged to political influence, leaving bhanwari deprived of justice. 

In solidarity with Bhanwari devi, working women, women’s rights activists, and lawyers who under the banner of ‘Vishaka’, filed for a public interest litigation in the Supreme Court. The court recognized those concerns related to harassment by women in the workplace. Following its judgment in the Vishaka vs. State of Rajasthan case in 1997, the Ministry of Women and Child Development eventually passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act). 

For easier access, the Ministry has launched the SHe-Box, an online platform where women facing harassment at their workplace can file complaints. Once the complaint is registered, it is promptly forwarded to the relevant authority possessing jurisdiction over the matter. However, this system alone cannot address the rising rate of crime in society. 

The PoSH act has limitations which hinders its effectiveness. For instance, the act mandates the women to file a sexual harassment complaint within 3 months and can extend up to 6 months if required but not more than that. Yet, the severe psychological impact of harassment may prevent victims from reporting incidents within this time frame. It will make women feel safe. 

A report states that 62% of cases of sexual harassment in the workplace remain unreported, even with the passage PoSH act and the creation of SHe-Box. Among the main reasons why women fear to file complaints are their fears of humiliation or embarrassment. On many occasions, women instead wait for the situation to simply improve with time without filing a complaint, but underlying fears persist. 

The government, therefore, requires urgency in implementation of reforms to address the situation. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Amendment Bill, 2022 consists of various amendments. For example, organizations with fewer than ten employees must rely on a Local Committee, constituted by a District Officer, for inquiry. The amendment suggested replacing the term “District Officer” with “District Judge”, retaining similar duties and qualifications. 

The 2022 amendment also suggested that the time-span to raise a case should increase from 3 months. It is given to the Employment Tribunal or Internal Committee to judge whether it should be dealt with within 3 months based upon the facts and seriousness of the matter. Again, in the year 2024, in this regard, another amendment was brought, where, the time-line to raise a complaint concerning this matter was proposed 9 months. This amendment further proposed that a woman can withdraw the case at any time if she feels that she is not prepared for court proceedings or anything in case is happening which is negatively impacting her mental health. 

The act was framed to make women feel secure yet tragic incidents and fear of working at night persists. According to a study by the Associated Chambers of Commerce and Industry of India, 28.9% of women employees feel insecure working at night, although 71.1% of women are willing to work at night and risk their lives. Many women also undergo mental harassment, and they are not paid well for their contribution. Isn’t it a violation of Article 19, which grants the right to move freely throughout the country? 

There are many challenges faced by female employees during night duties like safety concerns of public transport, lack of presence of people at night which leads to harassment and abuse, bystanders on the street and cultural stigma on allowing women to go out at night. To what extent can we think that this is quite right? There are too few systems of support at times which are not quite fruitful to women in case of emergencies. Should they be given night shifts? Will it then be just to both men and women?

A similar question did come up in Ram Chand v. Mathura Chand wherein the courts of the pre-independence period were asked to think if women should work under night shifts. The court held that without even knowing if the staffing is up to par, the inspector would not be able to issue general prohibition of women’s employment at night. Therefore, the right to decide whether women were assigned to night duty is in the hands of an inspector. 

India continues developing its safety measures for women. One essential step India must take is to provide women-friendly transport systems. Employers should arrange for drivers, with all routes being traceable so that drivers are aware their movements are monitored by employers. There should be safe drop-off locations, including the office entrance, while pick-ups should occur at the main entrance of the building or residence. A mandatory buddy system should also be implemented, pairing female employees with another female colleague to help them feel safer and more secure.

The CCTV footage must be monitored regularly, inspections should be conducted throughout working hours, and a proper security system must be in place. Self-defence training must be provided to women employees so they can protect themselves. Helpline services for women must ensure a rapid response. These measures can make a significant difference if employers prioritize and implement them effectively. 

On the contrary, if the employers lack concern for the well-being of women or fail to act with  good intentions, it can lead to criminal acts, as seen in the tragic incident at RG Kar Medical College and Hospital in Calcutta. A doctor, after working tirelessly for 36 hours, went to the seminar hall to rest, where she was brutally raped and murdered. Imagine the heartbreak of parents, who only had one daughter and devoted all their efforts into making her a doctor. 

What followed was even more shocking: the dean of the college resigned from his position, only to be appointed as the dean of another institution within hours. Moreover, crucial pieces of evidence were erased to mispresent this horrific rape as accident.

This event heightened the fear for women safety in India. This case had a massive public up-roar, both in streets and on social sites, yet justice still remains elusive. While the protest has subsided, the court case is still going on, largely hindered by political connections of criminals involved. As a result, they continue to roam free rather than staying in the bars. Such violent acts instill widespread fear in society. 

To combat this, it is the duty of society to unite in formulating strict laws and implementing stringent practices. The government has to make sure that those laws are enforced effectively. Women deserve more than protection—they deserve respect and opportunities without fear.

As Elizabeth Cady Stanton said, “The best protection any woman can have is courage.”