Addressing Sexual Harassment At Workplace In The Unorganised Sector

(Trigger warning: mention of sexual harassment, sexual and physical violence and rape)

Time and again sexual harassment at workplace is in spotlight from various parts of the world. It takes over media and public discussions when a ‘harrowing’ case surfaces. If lucky enough, the issue reaches parliaments and policy makers. If luckier redressal mechanisms are put into place. Then, it all ends without an overhaul of oppressive and abusive systems. Women are left with no choice but to return to working in the same conditions.

In the organised sector, a case of sexual harassment motivates women of the same industry to come out in solidarity. They use social media to reach out, make themselves seen and demand action. This is not a luxury that women in the unorganised sector have. They are invisible to the world and exposed to abusers, all at the same time.

Unveiling The Hidden Crisis

A multi-stakeholder consultation was organised recently by Centre for Labour Research Action (CLRA). It focused on sexual violence faced by women in the unorganised sector, particular migrant (agricultural) labourers. These are bhagya majdoor who have been brought from Madhya Pradesh, Rajasthan and the tribal belt of Gujarat to Saurashtra (Gujarat) to work in agricultural fields. Bhagya majdoor are those agricultural labourers who work on a farmer’s field on a contractual basis. They are paid in kind, often a small part of the crop. They live on the farm or with the owner who often engages them in non-agricultural work as well. This is including but not limited to taking care of the cattle, picking up dung, domestic work, etc. They mainly belong to tribal communities and those considered lower castes.

Sexual Harassment Faced By Migrant Women

Case sharing by CLRA and community representatives revealed an appalling reality that plagues women bhagya majdoor. An intersection of gender, caste and occupation renders them vulnerable to various forms of abuse. The perpetrators are usually farmers or nearby villagers. They take advantage of women who may be working alone in a massive field, away from human settlement.

Once the crime was committed, the victims were pursued relentlessly, threatened to remain silent and/or beaten up for questioning. Children (girls) of labourers face abuse and violence as well. In one particular case, a young teenage girl was abducted and subsequently sexual assaulted. A family member of the girl broke down as they attempted to describe the ordeal. The distress in their voice conveyed the mental and physical trauma the child continues to endure today.

Barriers To FIR Filing

A similarity in the cases shared was the blatant neglect of the police towards victims and their families. More often than not the police refuses to file an FIR when a dalit or tribal woman is physically and sexual abused or raped. It is labour unions like the Jagrit Adivasi and Dalit Sangathan and the Majdur Adhikar Manch that support the aggrieved women and facilitate FIR-filing. The union has to threaten to go to a higher ranking officer or the Police Commissioner, to be taken seriously.

The process leading up to court proceedings tend to exhaust aggrieved women and their family emotionally and financially. They face constant pressure to drop the case from their employers and from community elders back home. In certain cases, women and their families seek permission from their village before filing an FIR. This nexus of police, perpetrator and societal oppression serves as powerful barrier for women to seek or achieve redressal. Moreover, the legal system does not provide promising support to Dalit or Adivasi women against sexual harassment or violence.

Way Forward

The consultation facilitated an engaging discussion among representatives from NGOs, farmer and trade unions, aggrieved communities and women’s helplines, among others. For this sector, the line between sexual violence and sexual harassment is often thin and blurry.

“Everyday instances of sexual harassment are not reported. Only extreme incidents are reported”

said Nasribai, from Jagrit Adivasi and Dalit Sangathan

Women in unorganised work are regularly subject to what the POSH Act describes as sexual harassment. Due to fear and normalisation of inappropriate behaviour by men, these instances are concealed. Unchecked inappropriate behaviour may amount up to a cognisable offence like sexual violence, rape and/or murder. When trying to understand sexual harassment at workplace and its prevention, this emerges as a critical concern. Therefore, there is a need to strengthen awareness about the POSH Act. Its genuine implementation is equally necessary to tackle this issue.

CLRA’s research found that the LCCs in districts of Saurashtra are either defunct or never constituted. Despite being a law and mandate for the District Officer to constitute a LCC in the district, its implementation seems to be extremely poor. There exists no data on LCC across India. It reveals how gravely overlooked sexual harassment is by policy implementors and the society.

Breaking The Culture Of Neglect

Poor working conditions in India are extremely normalised. The negligence shown by male employers when they fail to provide a bathroom for female workers, whether that is at a film set or at a agricultural field, is a testament to that. Working conditions also seem to deteriorate as one moves down through the caste system. However, the power of Dalit, Adivasi and Labour Unions was the silver lining from the consultation meet. While these women may be victims, they are also forces of change. The fire in them to support their women, their girls and their community and work tirelessly to get justice might just save be the saving grace.

Prevention of sexual harassment at workplace must rise as a collective cause for humanity, rather than sparse industry-wise movements. Women must not spend another 100 years to right this wrong. It is men who must become take a stand against this social pandemic because a master’s tool will never dismantle the master’s house.