
From National Outrage to Local action: How Kashmir’s women are using the law to demand dignity and justice
Sexual abuse and harassment in the workplace are issues of concern that affect one's dignity, mental well-being, and professional growth. This is primarily a concern among women, as they may feel unsafe or unsupported within the workplace. All members of society should be able to have a workplace where they are safe, equal and work with dignity.
There should be a healthy working atmosphere based on professionalism and equal opportunity. But when there is harassment, the atmosphere is destroyed. It frightens employees, makes them stressed, and decreases their performance. Therefore, it is so very important to emphasize preventing sexual harassment and abuse in the workplace.
The process of India legally tackling workplace harassment started with a landmark court case in 1997 Vishaka vs. State of Rajasthan. The case was of Bhanwari Devi, a social activist who was sexually harassed while protesting child marriage. There was no law protecting women from sexual harassment in the workplace in India at that time.
The Supreme Court of India responded to this by issuing the Vishaka Guidelines, which established significant guidelines for employers in order to avoid such incidents. According to the court, sexual harassment is a denial of a woman's constitutional right to work with dignity.
These rules were adhered to for decades. At last, in 2013, India enacted a comprehensive legislation the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. The act mandated that every workplace with over 10 employees must have a special committee called the Internal Complaints Committee (ICC) to address grievances.
Therefore, women employed in Jammu & Kashmir lacked the statutory protection given to women in the rest of India. This was changed after the revocation of Article 370, when all the central enactments, including the 2013 Act, were made applicable to the UT.
This step was a milestone. Jammu & Kashmir women employed in the private and public sectors were finally provided with the assurance of a strong legal framework. The law now ensures their right to a harassment-free, safe, and dignified workplace.
Now that the Act applies to all workplaces in Jammu & Kashmir, large and small, public and private, in schools, hospitals, offices, shops, and the home the Act guarantees that women everywhere have recourse to the law.
Whom Does the Law Protect?
The Sexual Harassment of Women at Workplace Act, 2013 aims to protect a wide cross-section of working women. Its ambit is not limited to organised employment alone but is also applicable to informal and unorganised sectors.
Women Working in Any Field: Government office employees, private employees, bank employees, shopping mall employees, shop employees, school employees, college employees, hospital employees, factory employees, or industrial plant employees are all included. Whether the job is permanent, part-time, daily wage, temporary, or contractual, all of them are included.
Unorganised and Informal Sector of Women: Women who work in such unorganised sectors like Anganwadi centres, ASHA workers, Municipal workers, self-help groups, or those who do home-based work like tailoring, packing, or weaving are also included. In their case, Local Complaints Committees (LCCs) are set up at the district level to hear cases.
Domestic Workers: Female housemaids, cooks, or caregivers working in someone else's household are protected by law. Such a household is also considered their workplace. If the employer or any family member harasses them, they can file a complaint against the harasser.
Implementation in Jammu & Kashmir: Since the enactment of the 2013 Act in Jammu & Kashmir, various government departments and institutions have made a serious effort to enforce it. Circulars have been released to constitute ICCs, and regular awareness programs are being conducted.
With the exception of a few, most government ministries, schools, and hospitals now have operational ICCs that address grievances, provide anonymity to complainants, and promote accountability. Women workers across sectors, from teaching and healthcare to the administration, have reported feeling more secure and valued.
Women are also being urged to take up leadership roles in these committees, which is boosting their confidence and allowing them to grow professionally. These committees, besides solving problems, are also fostering a culture of gender justice and sensitivity.
In schools and hospitals throughout the UT, gender-awareness workshops and training have become popular. The girls attending universities today are better aware of their rights than ever and are sure of expressing their views.
Earlier, harassment in the workplace was often neglected or overlooked. Now, thanks to the law, women are coming forward to make the workplace a safer place. Women are even conducting awareness drives and helping other people file complaints.
Open complaint systems, confidential guidance, and even anonymous feedback systems are now present in the majority of institutions. All these are helping women to step forward without fear of harassment or embarrassment.
Awareness and the Road Ahead: Legislatively, protection is only the tip of the iceberg. Cultural shift and sensitivity are equally essential. To further strengthen these accomplishments, workplaces in Jammu & Kashmir need to:
Conduct Regular Workshops
Conduct workshops that define and identify sexual harassment, outline complaint procedures, and provide legal protection.
Display Bilingual Information
The guidelines for complaint should be displayed in English and Urdu in places where it can be viewed by all employees such as the corridors, washrooms, and staff room.
Include Workplace Safety in Induction
All new joiners must be informed of their entitlements and ICC process during induction.
Include Males in Awareness Campaigns
Men need to be included in gender sensitization campaigns to develop mutual respect and share accountability.
Prevention: Better Than Cure
Preventing harassment isn't merely staying out of court it's about creating healthy and respectful working relationships. For this purpose, employers need to hear
Strong Leadership
Supervisors must lead by example and be fair.
Zero-Tolerance Policies
Any form of harassment needs to be made unacceptable.
Anonymous Feedback Channels: There must be reporting channels that are safe.
Periodic Review of ICCs
HR departments should review the performance and operation of ICCs periodically so that they are effective.
A Shared Duty
Sexual harassment not only violates the law but also human rights and ethical values. Extension of the 2013 Act to Jammu & Kashmir has been a massive success for working women. Protection through the law is not sufficient.
Change requires social awareness, cultural understanding, and collective responsibility. All of us - all employers, institutions, and citizens - must contribute. Once the law is on the statute books, and women enforcing it with courage, the challenge is to make workplaces not just compliant with the law but open to equality in spirit. No woman in Jammu & Kashmir should ever again have to suffer in silence. We, all of us, must make dignity in the workplace not a privilege but a right.
Email:----------------rakshandagul629@gmail.com
From National Outrage to Local action: How Kashmir’s women are using the law to demand dignity and justice
Sexual abuse and harassment in the workplace are issues of concern that affect one's dignity, mental well-being, and professional growth. This is primarily a concern among women, as they may feel unsafe or unsupported within the workplace. All members of society should be able to have a workplace where they are safe, equal and work with dignity.
There should be a healthy working atmosphere based on professionalism and equal opportunity. But when there is harassment, the atmosphere is destroyed. It frightens employees, makes them stressed, and decreases their performance. Therefore, it is so very important to emphasize preventing sexual harassment and abuse in the workplace.
The process of India legally tackling workplace harassment started with a landmark court case in 1997 Vishaka vs. State of Rajasthan. The case was of Bhanwari Devi, a social activist who was sexually harassed while protesting child marriage. There was no law protecting women from sexual harassment in the workplace in India at that time.
The Supreme Court of India responded to this by issuing the Vishaka Guidelines, which established significant guidelines for employers in order to avoid such incidents. According to the court, sexual harassment is a denial of a woman's constitutional right to work with dignity.
These rules were adhered to for decades. At last, in 2013, India enacted a comprehensive legislation the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. The act mandated that every workplace with over 10 employees must have a special committee called the Internal Complaints Committee (ICC) to address grievances.
Therefore, women employed in Jammu & Kashmir lacked the statutory protection given to women in the rest of India. This was changed after the revocation of Article 370, when all the central enactments, including the 2013 Act, were made applicable to the UT.
This step was a milestone. Jammu & Kashmir women employed in the private and public sectors were finally provided with the assurance of a strong legal framework. The law now ensures their right to a harassment-free, safe, and dignified workplace.
Now that the Act applies to all workplaces in Jammu & Kashmir, large and small, public and private, in schools, hospitals, offices, shops, and the home the Act guarantees that women everywhere have recourse to the law.
Whom Does the Law Protect?
The Sexual Harassment of Women at Workplace Act, 2013 aims to protect a wide cross-section of working women. Its ambit is not limited to organised employment alone but is also applicable to informal and unorganised sectors.
Women Working in Any Field: Government office employees, private employees, bank employees, shopping mall employees, shop employees, school employees, college employees, hospital employees, factory employees, or industrial plant employees are all included. Whether the job is permanent, part-time, daily wage, temporary, or contractual, all of them are included.
Unorganised and Informal Sector of Women: Women who work in such unorganised sectors like Anganwadi centres, ASHA workers, Municipal workers, self-help groups, or those who do home-based work like tailoring, packing, or weaving are also included. In their case, Local Complaints Committees (LCCs) are set up at the district level to hear cases.
Domestic Workers: Female housemaids, cooks, or caregivers working in someone else's household are protected by law. Such a household is also considered their workplace. If the employer or any family member harasses them, they can file a complaint against the harasser.
Implementation in Jammu & Kashmir: Since the enactment of the 2013 Act in Jammu & Kashmir, various government departments and institutions have made a serious effort to enforce it. Circulars have been released to constitute ICCs, and regular awareness programs are being conducted.
With the exception of a few, most government ministries, schools, and hospitals now have operational ICCs that address grievances, provide anonymity to complainants, and promote accountability. Women workers across sectors, from teaching and healthcare to the administration, have reported feeling more secure and valued.
Women are also being urged to take up leadership roles in these committees, which is boosting their confidence and allowing them to grow professionally. These committees, besides solving problems, are also fostering a culture of gender justice and sensitivity.
In schools and hospitals throughout the UT, gender-awareness workshops and training have become popular. The girls attending universities today are better aware of their rights than ever and are sure of expressing their views.
Earlier, harassment in the workplace was often neglected or overlooked. Now, thanks to the law, women are coming forward to make the workplace a safer place. Women are even conducting awareness drives and helping other people file complaints.
Open complaint systems, confidential guidance, and even anonymous feedback systems are now present in the majority of institutions. All these are helping women to step forward without fear of harassment or embarrassment.
Awareness and the Road Ahead: Legislatively, protection is only the tip of the iceberg. Cultural shift and sensitivity are equally essential. To further strengthen these accomplishments, workplaces in Jammu & Kashmir need to:
Conduct Regular Workshops
Conduct workshops that define and identify sexual harassment, outline complaint procedures, and provide legal protection.
Display Bilingual Information
The guidelines for complaint should be displayed in English and Urdu in places where it can be viewed by all employees such as the corridors, washrooms, and staff room.
Include Workplace Safety in Induction
All new joiners must be informed of their entitlements and ICC process during induction.
Include Males in Awareness Campaigns
Men need to be included in gender sensitization campaigns to develop mutual respect and share accountability.
Prevention: Better Than Cure
Preventing harassment isn't merely staying out of court it's about creating healthy and respectful working relationships. For this purpose, employers need to hear
Strong Leadership
Supervisors must lead by example and be fair.
Zero-Tolerance Policies
Any form of harassment needs to be made unacceptable.
Anonymous Feedback Channels: There must be reporting channels that are safe.
Periodic Review of ICCs
HR departments should review the performance and operation of ICCs periodically so that they are effective.
A Shared Duty
Sexual harassment not only violates the law but also human rights and ethical values. Extension of the 2013 Act to Jammu & Kashmir has been a massive success for working women. Protection through the law is not sufficient.
Change requires social awareness, cultural understanding, and collective responsibility. All of us - all employers, institutions, and citizens - must contribute. Once the law is on the statute books, and women enforcing it with courage, the challenge is to make workplaces not just compliant with the law but open to equality in spirit. No woman in Jammu & Kashmir should ever again have to suffer in silence. We, all of us, must make dignity in the workplace not a privilege but a right.
Email:----------------rakshandagul629@gmail.com
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