Breaking the Silence: Tackling Workplace Sexual Harassment in India’s Informal Economy

Breaking the Silence: Tackling Workplace Sexual Harassment in India’s Informal Economy

Introduction

Sexual harassment at the workplace is a major concern across the world. It is a form of gender-based violence that violates human rights and is detrimental to the dignity, well-being, and productivity of the victims. In India, the problem of sexual harassment is particularly acute in the unorganized sector, which includes informal and small-scale enterprises that are not subject to formal regulation. In this blog post, we will explore the issue of sexual harassment in the unorganized sector in India, its impact on workers, and the measures that can be taken to prevent it.

Sexual harassment in the workplace is a pervasive issue that affects individuals across various industries and sectors. However, it is particularly prevalent in the unorganized sector, where workers often lack access to formal mechanisms of complaint and redressal. In India, the unorganized sector constitutes a significant proportion of the workforce, making the prevention of sexual harassment in this sector a critical issue.

Sexual harassment in the workplace is defined as any unwelcome sexual conduct, whether verbal or physical, that creates an intimidating, hostile, or offensive work environment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted in India to address this issue, and it applies to all workplaces, including the unorganized sector.

However, despite the existence of this legislation, sexual harassment in the unorganized sector continues to be a pervasive problem due to various factors, including lack of awareness, reluctance to report, and inadequate implementation of the law. Therefore, it is essential to examine the challenges and potential solutions for preventing sexual harassment in the unorganized sector in India.

Extent of Problem of Sexual Harassment in unorganized sector in India

The unorganized sector in India accounts for a significant proportion of the country’s workforce. According to the National Sample Survey Organization (NSSO), around 82% of workers in India are employed in the unorganized sector. This sector includes a diverse range of activities, from agriculture and small-scale manufacturing to street vending and domestic work. While the unorganized sector provides employment opportunities for millions of people, it is also associated with low wages, poor working conditions, and a lack of legal protection.

Sexual harassment is a pervasive problem in the unorganized sector in India. Women workers are vulnerable to harassment due to their lower socio-economic status, lack of education, and limited access to legal redressal. According to a survey conducted by the National Commission for Women, around 70% of women in the unorganized sector in India have experienced some form of sexual harassment at work. This includes verbal abuse, physical assault, unwanted touching, and stalking.

Impact of Sexual Harassment on Workers

Sexual harassment can have a profound impact on the physical and mental health of the victims. It can lead to anxiety, depression, post-traumatic stress disorder, and other mental health issues. Victims may also suffer from physical injuries, such as bruises, cuts, and broken bones. In addition, sexual harassment can have a negative impact on the victims’ work performance and career prospects. They may be forced to quit their jobs, suffer from loss of income, and have difficulty finding new employment.

Challenges in Preventing Sexual Harassment in Unorganized Sector

One of the significant challenges in preventing sexual harassment in the unorganized sector is the lack of awareness and education about the issue. Workers in the unorganized sector often come from lower socio-economic backgrounds and may not be aware of their rights or the legal mechanisms available for reporting sexual harassment. This lack of awareness can make it difficult for victims to come forward and report incidents of sexual harassment.

Another challenge is the informal nature of the unorganized sector, which makes it challenging to regulate and monitor workplace practices. Many unorganized sector workers are employed in small and medium-sized enterprises or in the informal economy, where there is a lack of formal structures, such as human resource departments, to address sexual harassment. This can make it challenging to implement the legal provisions and create a safe and secure workplace for employees.

A further challenge is the reluctance of victims to report incidents of sexual harassment due to fear of retaliation or loss of employment. Many workers in the unorganized sector are employed in precarious and temporary jobs, making them vulnerable to exploitation and harassment. In such situations, victims may fear that reporting sexual harassment could lead to loss of employment or even physical harm, making it difficult for them to come forward.

Measures to Prevent Sexual Harassment in Unorganized Sector

Preventing sexual harassment in the unorganized sector requires a multi-pronged approach that involves a range of stakeholders, including employers, workers, civil society organizations, and the government. Some of the measures that can be taken to prevent sexual harassment in the unorganized sector are:

i. Education and Creating Awareness: Education and awareness campaigns can be conducted to raise awareness about sexual harassment and its impact on workers. These campaigns can be targeted at workers, employers, and other stakeholders in the unorganized sector.

ii. Code of Conduct: Employers can establish a code of conduct that prohibits sexual harassment in the workplace. The code of conduct should be communicated to all workers and should specify the consequences of violating it.

iii. Grievance Redressal Mechanisms: Employers can establish a grievance redressal mechanism to address complaints of sexual harassment. This mechanism should be easily accessible to all workers and should ensure confidentiality and impartiality.

iv. Training: Employers can provide training to their workers on sexual harassment prevention, including what constitutes sexual harassment, how to prevent it, and how to report it.

v. Legal Protection: The government can enact laws and policies that protect workers in the unorganized sector from sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provides legal protection to women in the formal sector. However, there is a need to extend this protection to women in the unorganized sector as well.

Solutions for Preventing Sexual Harassment in Unorganized Sector

Despite the challenges, there are potential solutions for preventing sexual harassment in the unorganized sector. One of the primary solutions is to increase awareness and education about sexual harassment and the legal mechanisms available for reporting it. This can be achieved through training and capacity-building programs for workers, employers, and other stakeholders in the unorganized sector. These programs can help raise awareness about sexual harassment and its impacts and inform workers about their legal rights and options for redressal.

Another solution is to promote the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, in the unorganized sector. This can be done through the establishment of formal structures and mechanisms for addressing sexual harassment, such as internal complaints committees (ICCs). ICCs can be established in small and medium-sized enterprises or in the informal economy and can provide a safe and secure space for workers to report incidents of sexual harassment without fear of retaliation.

A further solution is to promote the use of technology to prevent and report incidents of sexual harassment in the unorganized sector. Technology can be used to create anonymous reporting mechanisms, such as hotlines or online reporting platforms, that allow victims to report incidents of sexual harassment without revealing their identity. This can help overcome the fear of retaliation and encourage victims to report their issues to the authorities. Such small steps can help breaking the silence towards sexual harassment at workplace for workers in the unorganized sector and enhancing the role of employers for creating a safe workplace for all.