Table of Contents
INTRODUCTION
A safe workplace is a woman’s legal right. Sexual harassment constitutes a gross violation of women’s right to equality and dignity. Any act of sexual harassment of a woman in the workplace is not only a violation of her constitutional rights but also a violation of her human rights. It creates an insecure and hostile work environment, discouraging women’s participation in work, and adversely affecting their economic empowerment and the goal of inclusive growth. Sexual harassment is considered a violation of a woman’s fundamental right to equality, guaranteed by Articles 14 and 15 of the Constitution.
Since April 23rd, the wrestlers have been protesting at Jantar Mantar demanding action against India’s wrestling body chief & BJP MP Brijbhushan Sharan Singh, whom they have accused of sexual harassment of seven women wrestlers including a minor.
Why are the wrestlers protesting at Jantar Mantar?
Indian Wrestlers’ protests are ongoing protests by top Indian wrestlers, including two Olympic medalists and a world champion, against the alleged sexual harassment of female wrestlers by the BJP MP Brij Bhushan Sharan Singh during his tenure as the president of the Wrestling Federation of India (WFI). The wrestlers seek immediate removal of Wrestling Federation of India (WFI) President Brijbhushan Sharan Singh & few other officials pending inquiry against them.
Brijbhushan is also an MP of the ruling BJP who previously dismissed the allegations & said in the media that he is even “ready to be hanged” if even a single female wrestler proved the sexual harassment charge against him.
Meaning of Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment, according to the Equal Employment Opportunity Commission. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. it is illegal to harass a woman by making offensive comments about women in general. The victim and perpetrator can be a male or a female. The law in India, however, recognizes and penalizes sexual harassment only against women. It thus includes an extensive range of acts, gestures, and expressions having sexual connotations. Perceptions differ about what behaviors constitute sexual harassment.
However, typical examples of sexual harassment include sexually oriented gestures, jokes, or remarks that are unwelcome; repeated and unwanted sexual advances; touching or other unwelcome bodily contact; and physical intimidation. Sexual harassment can occur when one person has power over another and uses it to coerce the person to accept unwanted sexual attention
Laws on sexual harassment in Workplace
According to Section 2(o)(iv) of this Act, “any sports institute, stadium, sports complex or competitions or games venue, whether residential or not used for training, sports or other activities relating thereto” is a workplace.
The terms ‘employer’ (Section 2(g)) and ‘employee’ (Section 2(f)) are defined in relation to it. An employer is a person in charge of the “management, supervision, and control” of the workplace. The employer is liable to form an Internal Committee (IC) for the workplace.
In cases of sexual harassment with any women sportsperson, these employers are obligated to establish an IC to investigate and inquire into such allegations and take up the matter seriously.
Supreme Court on wrestlers protest
Supreme Court had to issue notice this week to the Delhi police for refusing to file an FIR on the complaint of sexual harassment by seven women wrestlers, including a minor, against the former WFI president and BJP MP for more than three days.
The wrestlers approached the Supreme Court after they failed to convince the Delhi Police to arrest Singh on 21st April. SC took up this case on the 28th of April to hear a plea by top Indian wrestlers along with the registration of an FIR against the WFI president over the alleged sexual harassment of women wrestlers.
CJI DY Chandrachud admitted that “there are serious allegations contained in the petition at the behest of wrestlers who have represented India about sexual harassment.
The Supreme Court has dismissed the women wrestler’s plea alleging sexual harassment. The SC stated that the petition has been served as Delhi Police registered an FIR against WFI President. The aggrieved parties can approach the trial court or the High Court for redressal.
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