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Amandeep Kaur and Dr. Parmjot Singh, International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 09 Issue 01, January 2019, Page 93-97 Extent of Sexual Harassment at Workplace: A Study of Banks and Insurance Companies in India Amandeep Kaur1 and Dr. Parmjot Singh2 1 (Senior Research Scholar, Deptt. of Commerce, Punjabi University, Patiala, Punjab, India) (Assistant Professor, Deptt. of Management Studies, MERI College, Janakpuri, New Delhi, India) 2 Abstract: The time has gone when women were fought for equal opportunities in employment. Now a days woman are working equivalent to male colleagues and sharing equal responsibilities. In this global and modern era, women are becoming victim of sexual harassment and sexual assault at their workplaces. GOI (Government of India) had issued proper regulation in the Act during 2013 for prevention, prohibition and redressal of women sexual harassment at the workplace. It is mandatory for companies to formulate sexual harassment policy, set up internal complaint committee and report the sexual harassment cases in the annual reports of companies and take necessary actions. The paper examined the adherence level of women sexual harassment regulation by 42 banks and 49 insurance companies from 2013 to 2018. It further probes the number of cases filed, solved and pending in last five years in both the sectors. The study found that number of banks and insurance companies have been increasing since 2013 that are formulating and implementing sexual harassment policy over the period. Reporting on sexual harassment cases is also increasing every year simultaneously, the cases solving ratio is also rising. There is need to focus more on prevention of sexual harassment with full security on work place. Keywords: Sexual Harassment, Workplace, Insurance, Banking, Legal Framework. I. INTRODUCTION India is the fastest growing economy and showing accelerated progress in various aspects like in trade, infrastructure, technology, living standard, service sector etc. Despite of these developments, women’ safety and security are always under threat. Every day, the news of molestation with women is breaking out at different places of India. Some recent incidents of heinousness in Kathua (Jammu and Kashmir), in Unnao (Uttar Pradesh), in Surat (Gujrat) have traumatized the soul of all Indians. These brutal incidents indicates that India have poor track record for the safety of women. In today’s era, where women are working equal to men in every field, even then they have to face sexual harassment there too. Sometimes the employers play the game of “this for that” in which, women are asked to engage in unwanted and unethical sexual activities to get job or promotion and colleagues are also mentally torture the women with the sexual statements. Vishakha (NGO) has highlighted and brought under notice this issue in 1997 for the first time in India. The NGO has filed petition with Supreme Court against Rajasthan High court judgment on Rajasthan gang rape case. After hearing this matter, Supreme Court had recognised the absence of proper law on sexual harassment at workplace and issued the guidelines on sexual harassment at workplace known as Vishakha guidelines. After 16 years later, Parliament of India has passed another legislation and replaced the Vishakha guidelines against the women sexual harassment at workplace named as “sexual harassment of women at workplace (prevention, Prohibition and redressal) Act, 2013” which is pertinent in the whole India. This act made it mandatory for all employers to set up internal complaint committee at every branch if having more than ten employees on the workplace. The committee must have minimum 4 members and 50% of them should be women. Sexual harassment can be any unwelcome activities like Physical stroke, Request or insist for sexual favour, making sexually comments, showing pornography and any other verbal, non verbal and physical activity of sexual nature. This act provides such platform to many women through which they can work freely and can protect themselves from unwanted behaviour at workplace. Recently in Bollywood industry, #Me too movement has began with the actress Tanu Shree Dutta who had filed a charge against actor Nana Patekar. In #me too movements many sexually assaulted women in Bollywood industry wrote their story on twitter starting with hash tag as symbol of crying against harassment at workplace. Then, this movement began to intensify sharply as many other Bollywood actresses came forward and alleged on various famous Bollywood men for sexual harassment. It indicates that there is need to make the work environment safer for women at a wider spectrum http://indusedu.org This work is licensed under a Creative Commons Attribution 4.0 International License Page 93 Amandeep Kaur and Dr. Parmjot Singh, International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 09 Issue 01, January 2019, Page 93-97 II. LITERATURE REVIEW Schneider and Swan (1997) examined the sexual harassment experiences among the 447 female employees in large private sector company in northwest and 300 females in Midwestern University. It also checked the impact of such sexual harassment on job performance and psychology of female. The study revealed that level of sexual harassment was low in both sectors but the women who had suffered from it, had a negative impact on their work performance and psychology. Loy and Stewart (1984) studied the level, types , outcome and reaction to sexual harassment in 509 adult citizens of Connecticut during October, 1981. The study found that 50% females of the study suffered from sexual harassment and it was occurring very frequently. Mostly women were tolerating the problems of manhandling & commentary and mainly harassed by super-ordinates than peers. It had negatively affected the psychological and physically health of women. Mostly women had handled such problems informally. Benson and Thomson (1982) investigated the occurrence level of sexual harassment in 400 under graduate female students in the University of California during June, 1978. The study disclosed that level of sexual harassment lied between 20% - 30% and it occurred occasionally in the university campus. They were mostly harassed by male instructor through verbal statements and invitations for dates. Mostly students had avoided the direct complaints against it due to dread of reprisal. Ilies et al.(2003) applied a meta analysis to know the rate of occurrence of sexual harassment in the U.S. (united State). The study examined influence of three moderator variables i.e. kind of survey applied, sampling technique and type of job environment on reported incidents in literature. The study revealed that on an average, 58% women had faced harassing behaviour and 24% suffered from sexual harassment. Gruber and Bjorn (1982) examined the sexual harassment in 138 blue collar female workers in automobile industry of U.S.A. during 1980-1981. The study found that bachelor, young and black female, having low job grade and sizable minority women were mostly targeted women for sexual harassment. Social and job status were irrelevant in response to sexual harassment. Sexual harassed women experienced as lack of self confidence and satisfaction in life. Chaudhuri (2007) observed the sexual harassment experience of 135 women in 4 hospitals of Kolkata during 2005-06. The study found that 57% women experienced from sexual harassments. There was no woman who reported rape or attempt to rape as harassment with them while there were some women who know this experience with other women. Sexually harassed women avoided complaining due to fear of job termination and some women didn’t know the formal redressal mechanism. Deora (2016) investigated the theoretical framework of sexual harassment in India. The study pointed out that sexual harassment cases were going to increase day-by-day. There was a great need for strictly implementation of sexual harassment regulations in India. There should be simplicity in criminal justice system and no delay in settlement procedure. Apart from the legal formalities, there is also need to understand the fear and pressure on the aggrieved women. III. RESEARCH METHODOLOGY The study is descriptive in nature. The study has covered two service sectors namely banking and insurance sector having 49 insurance and 42 banking companies. 7 life and one non-life insurance companies are not part of the study due to non-availability of annual reports during the entire period of study. Data has been collected for the period of five years from 2013 to 2018 and gathered from the annual reports of insurance and banking companies. Table 1: Description of insurance and banking companies Sectors Insurance Banking Sub-sectors Life Non-life Public private Number of Co. 17 32 21 21 Excluded Co. 07 01 00 00 Total 24 33 21 21 Source: IRDAI and RBI websites Objectives  To study the adherence level of regulatory framework on sexual harassment at workplace by insurance and banking sector in India IV. RESULTS AND ANALYSIS Adherence status of service sector on sexual harassment legal framework Banking sector Table 2 shows number of public and private banks have been applied sexual harassment policy from 2013-2014 to 2017-2018. Table 2 highlights that during 2013-2014 only 8 public and 5 private banks have implemented sexual harassment policy. During 2016-2017, percentage of public banks raised from 38.10% to http://indusedu.org This work is licensed under a Creative Commons Attribution 4.0 International License Page 94 Amandeep Kaur and Dr. Parmjot Singh, International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 09 Issue 01, January 2019, Page 93-97 80.95% and private banks’ from 23.81% to 85.71% because it has become mandatory for all firms to formulate sexual harassment policy as per the Act. Table 2: Number of banks has applied Sexual harassment policy Not Applied applied No sexual Banks Year Total % % sexual annual % harassment harassment reports policy policy 2013-14 08 38.10 13.00 61.90 00 0.00 10 47.62 11.00 52.38 00 0.00 10 47.62 11.00 52.38 00 0.00 2016-17 17 80.95 4.00 19.05 00 0.00 2017-18 09 42.86 12.00 57.14 00 0.00 2013-14 05 23.81 14.00 66.67 02 9.52 15 71.43 5.00 23.81 01 4.76 16 18 76.19 85.71 3.00 2.00 14.29 9.52 02 01 9.52 4.76 2014-15 Public Banks 2015-16 21 2014-15 Private Banks 2015-16 2016-17 21 2017-18 18 85.71 2.00 9.52 01 4.76 Source: RBI website In the year 2017-2018, there were only 9 banks (42.86%) that have applied sexual harassment policy while percentage of public banks remained same as 2016-2017. During 2017-2018, percentage of public banks for non-disclosure of sexual harassment policy (57.14%) is higher than the private sector banks (9.52%) which depict that private sector are more transparent than public. Some private sector banks have not presented annual report on their websites in particular years, so these banks don’t present clear idea about whether these companies have implemented sexual harassment policy or not. Table 3 presents number of sexual harassment cases filed, solved and pending by public and private sector banks during 2013-2014 to 2017-2018. Table 3 depicts that number of cases filed have been increased from 37 to 52 during last 5 years but these are decreased during 2017-2018 as 12 public banks haven’t provide any sexual harassment related information in their annual report. During the last 5 years, on an average 74.792% cases have been solved every year while 27.56% cases are unsolved or under process which indicates the proper implementation of Act in the banking sector which results decreasing pending sexual harassment cases. On the second side, sexual harassment cases extremely magnified from 25 to 228 in private sector banks throughout the last 5 years as female employees are more aware of the Act, this encourage them to file case against the victim. Table 3: Number cased filed, solved and pending on SHP Case Sub-Sectors Year Case-Filed % Solved % Pending Public Bank 2013-14 37 10 27.03 27 72.97 2014-15 23 07 30.43 16 69.57 2015-16 17 05 29.41 14 82.35 2016-17 52 13 25.00 39 75.00 2017-18 27 07 25.93 20 74.07 Average of 5 years Private Banks 27.56 74.792 2013-14 25 15 60.00* 10 40.00* 2014-15 142 08 5.63 134 94.37 2015-16 158 04 2.53 154 97.47 2016-17 175 14 8.00 161 92.00 2017-18 228 12 5.26 214 93.86 Average of 4 years 5.36 94.425 Source: RBI website * outliers Sexual harassment cases are more prone in private banks that are the alarming situation in private banks and women feel more insecure in jeopardous environment than public banks. On the other side private banks have faster redressal mechanism than public banks. During 2013-2014, pending cases (60%) were higher http://indusedu.org This work is licensed under a Creative Commons Attribution 4.0 International License Page 95 Amandeep Kaur and Dr. Parmjot Singh, International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 09 Issue 01, January 2019, Page 93-97 than solved cases (40%) but later on from 2014 to 2018, the percentage of solved cases increased to 94.425% every year on an average as the formal redressal mechanism is accessible on the workplaces while unsolved cases get nearer to 5.36%. Insurance Sector Table 4 displays numbers of life and non-life insurance companies have applied sexual harassment policy during 2012-2013 to 2017-2018. Table 4 shows that number of life & non-life insurance companies that have applied sexual harassment policy increased from 17.64% to 94.12% & 7.14 % to 90.63% respectively during the 2013-2014 to 2017-2018. The companies that have not applied the policy are going to decline gradually over the period viz. life insurance companies decreased from 47.06% to 0.00% where non-life insurance reduced from 75% to 6.25% as these companies are following the sexual harassment regulation given in companies Act. Table 4: Number of insurance has applied Sexual harassment policy Not Applied Applied No SubSexual Sexual Annual % Year Total % % Sectors Harassment Harassment Reports Policy Policy 2013-14 2014-15 2015-16 Life 17 03 17.65 8.00 47.06 06 35.29 17 12 70.59 1.00 5.88 04 23.53 17 14 82.35 1.00 5.88 02 11.76 2016-17 17 15 88.24 1.00 5.88 01 5.88 2017-18 17 16 94.12 0.00 0.00 01 5.88 2013-14 28 02 7.14 21.00 75.00 04 14.29 28 19 67.86 5.00 17.86 03 10.71 29 23 79.31 2.00 6.90 03 10.34 29 26 89.66 3.00 10.34 00 0.00 2014-15 2015-16 NonLife 2016-17 2017-18 32 29 90.63 2.00 6.25 01 3.13 Source: IRDAI website There are some life and non-life insurance companies which haven’t presented their annual reports on the websites in particular years, so that companies are not consider for sexual harassment policy disclosure in that particular year. Table 5: Number cased filed, solved and pending on SHP SubCaseCase Year %age Solved %age Sectors Filed Pending 2013-14 0 00 0.00* 0 2014-15 37 03 8.11 34 91.89 60 21 35.00 39 65.00 2016-17 49 09 18.37 40 81.63 2017-18 77 15 19.48 62 80.52 LIFE 2015-16 Average of 4 years 20.24 2013-14 0.00* 79.76 03 00 0.00 03 100.00 10 02 20.00 08 80.00 19 03 15.79 16 84.21 2016-17 29 03 10.34 26 89.66 2017-18 33 02 6.06 31 93.94 2014-15 NONLIFE 2015-16 Average of 5 years 10.44 89.56 Source: IRDAI website * value is zero Table 5 presents numbers of sexual harassment cases filed, solved and pending by life and non-life insurance companies from 2013 to 2018. Table 5 exhibits that number of sexual harassment cases have been increased from 0 to 77 during the previous five years. In 2013-2014, no sexual harassment cases is filed by life http://indusedu.org This work is licensed under a Creative Commons Attribution 4.0 International License Page 96 Amandeep Kaur and Dr. Parmjot Singh, International Journal of Research in Engineering, IT and Social Sciences, ISSN 2250-0588, Impact Factor: 6.565, Volume 09 Issue 01, January 2019, Page 93-97 insurance companies. From 2014 to 2018, the life insurance companies have settled 79.86% cases every year on an average where average percentage of inexplicable cases is 20.24%. In the case of non-life insurance companies, sexual harassments cases has been raised from 3 to 33 cases from 2013-14 to 2017-2018 as majority of them penalised by internal complaint committee in banks. During the last 5 years, Non life insurance sector has solved 89.56% cases every year on an average with the help of internal complaint committee, while unsolved percentage is 10.44% which is meagre as compared to cracked cases. Over the period, number of cases in non-insurance sector raised from 03 to 33 cases. Number of filed cases in life insurance sector (77) is higher than non-life insurance sector as market share of life insurance is 77.95% while the share of non-life insurance is 22.5%. Cases solving mechanism of non life insurance sector (10.44) is slightly quicker than life insurance sector (20.24%). V. CONCLUSION The paper focused on investigating the compliance level of “Sexual harassment of women at workplace (Prevention, prohibition, and redressal), Act, 2013” in banking and insurance sectors. The study found that number of banks and insurance companies which have implemented sexual harassment policy have been expeditiously since 2013. Earlier women were oblivious of their rights and also refrain the complaint against the sexual harassment as the fear of job loss (Benson and Thomson, 1982; Chaudhuri, 2007). But, Reporting of sexual harassments cases is increasing slowly year by year in both the service sectors as the presence of mandatory formal redress system in companies, and more awareness level among the women. Reporting level on sexual harassment is highest in SBI bank, ICICI bank, HDFC standard life insurance, and national insurance. The case solving tendency is also growing over the period in both the sectors. Number of cases filed in private sector banks and life insurance sector is higher than public sector banks and non-life insurance sector. There are 33.33% pubic banks, 19.05% private banks, 11.76% life insurance companies and 59.38% non-life insurance companies still haven’t receive any complaint on sexual harassment during last 5 years. VI. REFERENCES [1] Deora, J. (2016). Sexual harassment at workplace. IJAR, 2(9), 486-489. [2] Schneider, K. T., Swan, S., & Fitzgerald, L. F. (1997). 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