Yesterday evening Miss X (name changed) approached my office, alleging harassment by her employer at her workplace. The right to work with dignity is a fundamental right enshrined in Article 21 of the Indian Constitution. In the case of Union of India and Ors vs. Mudrika Singh, the Supreme Court affirmed that the right against sexual harassment is inherent in the right to life and dignity under Article 21. Additionally, in Aureliano Fernandez vs State of Goa and others, decided on May 12, 2023, the Supreme Court observed, “However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless there is strict adherence to the enforcement regime and proactive approach by all State and Non State actors.”
Why does harassment take place?
Experiences demonstrate that sexual harassment takes place where there is an abuse of power, particularly in situations where individuals exert control over others especially women. The harasser can be any one: a co-worker, class mate, teacher, professor, principal, priest, spiritual guide, research guide and so on. Unfortunately, women who are victims of sex abuse in the church are reluctant to report it. Most often the authorities try to cover it up, for the fear of consequences. It is said that if the predator is a clergy member taking action against him could create other repercussions such as denial of Sacraments or other forms of retaliation. Consequently, the majority of such incidents go unreported, leaving the perpetrator unpunished while the victim suffers silently.
Sr Adv Mary Scaria SCJM
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