Gender Ethics

What is Gender Ethics?

Gender Ethics refers to the branch of ethics that studies how gender influences moral values, social norms, and human behavior. It looks at fairness, justice, and equality between men, women, and non-binary people in personal, professional, and societal contexts.

It is hard to believe that even a progressive phenomenon such as globalization can actually heighten gender inequality. It has been pointed out many a times that gender equality plays a major role in the development of a nation. However, despite modern initiatives it is disappointing to note that the situation of women all over the world has not improved significantly. This is where gender ethics takes a back seat.

Societies that still remain backward are those where women have been marginalized and where poverty has been feminized. Globalization means a situation or condition that encourages the movement of capital around the globe at a fast pace. It also implies the disappearance of tariff barriers and the spread of new information and communications technologies. But the benefits of globalization are not always equally distributed. Needless to say, the efforts to help women progress are also stunted.

It would be quite a challenge to encourage women from all over the world to participate in the whole process of globalization, because not all women enjoy freedom of movement. For those who are not even allowed to leave the four walls of their home, the need to create channels that would help throw the doors open for participation arises. In the women-friendly regions, the focus should be on creating more facilities for women to participate in different ways and at different levels in the market.

The majority of the Internet users consists of men which means women still remain far behind when it comes to benefiting from information technology. The benefits of progress, modernization and globalization have not been fairly distributed and the gap between the haves and the have nots has not been bridged. With women forming the majority of the poor in the world, this only strengthens the fact that gender inequality is certainly not a myth.

Women clearly shoulder more responsibilities than men and are also expected to play dual roles as bread-winners as well as housekeepers. This exposes them to more mental and physical stress as well as health hazards than men. The underdeveloped countries have been victims to unethical peddling of medicines that do not meet the global safety standards. Women, especially those who are pregnant are at the receiving end of all the harmful effects of these dangerous medicines. They not only risk losing their lives, but also endanger the lives of their unborn children.

In the Third World countries, often aggressive and unethical sales campaigns lead the illiterate women to believe that breastfeeding is no longer the best way to feed an infant. With declining breastfeeding rates, the state of health of women and children have been far from enviable. This is just one of the ways in which unethical practices are targeted at women.

With smoking taking a back seat in the developed countries, more and more tobacco companies are targeting the population in the underdeveloped nations to promote their products. The victims of such marketing include women too who not only risk their health, but also turn their offsprings into passive smokers. Indirectly, the wives of poor farmers who are addicted to tobacco or other forms of hazardous intoxication bear the brunt of the resulting poverty and are forced to shoulder the burden of running the family.

A look at today’s best advertisement will prove to us that gender ethics has yet not been given due importance in the world today. It is here that women are exploited the most in terms of their sexuality. Most often than not, the products advertised possess no connection with the figure of the scantily-clad women displayed beside them, for example, advertisements featuring motorbikes and men’s wear. These advertisements and the concept of sex tourism which has gained alarming popularity clearly reflect the manner in which women are regarded in society—their value or worth being measured merely in terms of their sexual appeal and glamour.

Sexual Harassment and Discrimination

In USA and UK, sexual harassment is considered to be a serious form of violence and proper legislative measures have been taken to protect women and combat sexual harassment at work.

However, in India, it has not been very long since the Supreme Court recognized sexual harassment, for the first time, as a violation of human rights and a gender- based discrimination affecting women’s ‘Right to Life and Livelihood’. Although mandatory guidelines for resolution and prevention of sexual harassment of women at work have been put in place, the issue of sexual harassment and discrimination still remains under carpet for most employers and women.

The Supreme Court of India defines sexual harassment as ‘any unwelcome sexually-determined behaviour that includes a demand or request for sexual favours, physical contact, sexually-coloured remarks, pornography display, and any other verbal, physical, or non-verbal conduct that is of a sexual nature.

A sexually-harassed person would be one who:

• Is subjected to an unwelcome act of physical intimacy
  
  
• Has been asked for sexual favours in return for employment, payment of wages or a promotion
  
  
• Has been at the receiving end of sexually explicit compliments, or sexist remarks or jokes with sexual connotations
  
  
• Has been forced to view sexually explicit pictures, cartoons, calendars or even e-mails, etc.
  
  
• Has been subjected to offensive gestures, sounds or any conduct of a sexual nature which could be either verbal or non-verbal
  
  
• Has been threatened for refusing to cooperate with the person demanding sexual favour
  
  
• Has been repeatedly asked out by the boss or forced to answer queries (by the boss) regarding personal life
  
  
• Has been made to feel embarrassed by a group of colleagues joking or sniggering about sexual conduct

At the workplace, sexual harassment can be broadly classified into two categories. The ‘quid pro quo’ type includes asking for sexual favours in exchange for work benefits and threatening the victim with dismissal or impossible/stressful working conditions in case of non-cooperation. The ‘Hostile working environment’ type of harassment refers to the creation of a hostile working atmosphere for the female employees to function in. This would include unwelcome activities like displaying of pornography or obscene graffiti, physical contact or brushing against female employees, and so on.

In India, the Vishaka guidelines provide a framework that emphasizes on prevention of sexual harassment and facilitates the adoption of preventive measures. These guidelines apply to women employed in both the organized and unorganized sectors and also to all women whether working full time or part time, on contract or in a voluntary capacity. As is expected, the guidelines stress on the adoption of a sexual harassment policy prohibiting sexual harassment at the workplace and providing well-thoughtout grievance procedures for all employees irrespective of their level in the organization.

In most developed countries, it is considered a crime to discriminate against any person seeking employment, on the basis of his/her sex. Hiring, terminating or promoting a person merely on the basis of the person’s sex can result in legal intervention.

In the developed nations, laws have been enforced that require equal pay to be given to both men and women for equal work. Compensation discrimination based on the sex of the worker is also prohibited. However, the truth is that despite such laws, discrimination at work is a malady that refuses to be cured.

Sexual Harassment of Women at Workplace and Constitutional Guidelines and Norms

The three Judge Bench of the Supreme Court in Vishaka vs. Union of India in an epoch-making judgement made a significant contribution in evolving the code against sexual harassment. While emphasizing the need to have guidelines, the Supreme Court said that:

The legislature and the executive have the primary responsibility to ensure the safety and dignity of womencreating the right legislations and also building mechanisms for their enforcement. However, when instances of sexual harassment that have resulted in violation of fundamental rights of women workers under Articles 14, 19 and 21 are brought before us for redressal under Article 32, an effective redressal requires that some guidelines should be laid down for the protection of these rights to fill the legislative vacuum.

Guidelines and norms

For the enforcement and preservation of the right to gender equality of the working women, the Supreme Court of India has laid down norms and guidelines that are to be strictly observed at all workplaces. According to the Supreme Court, these directions are enforceable and binding in law until suitable legislation is enacted to occupy the field. However, these guidelines shall not prejudice any of the rights available under the Protection of Human Rights Act, 1993.

• Duty of the employer or other responsible persons in workplaces and other institutions. It shall be the duty of responsible persons or the employer in institutions and workplaces to take the required and necessary steps for prevention of acts of sexual harassment, for determent of the commission of sexual harassment acts, and provide the procedure for the settlement, resolution, and prosecution of sexual harassment acts.
  
  
• Preventive steps. All persons in charge of the workplace or employers , be it in the private or public sector, should take suitable steps for prevention of sexual harassment. The following steps are required to be taken by them:
  
  
  • At the workplace prohibition of sexual harassment, as described above, should be published, notified, and circulated in suitable ways.
    
    
  • The rules and regulations relating to conduct and discipline of the public sector and government bodies should include rules and regulations that help in prohibiting sexual harassment and also provide the right penalties against the offender.
    
    
  • As regards the employers in the private sector, steps should be taken by them for inclusion of the aforesaid prohibitions in the standing orders of their company, under the Industrial Employment (Standing Orders) Act, 1946.
    
    
  • To further guarantee that there is friendly environment towards women at the workplace, appropriate work conditions should be provided in respect of health, work, leisure and hygiene and no woman employee should have reasonable grounds to believe that she is disadvantaged in her current employment.
    
    
• Disciplinary action. The employer should initiate disciplinary action in accordance with the rules, where the conduct of the accused amounts to misconduct in employment under the relevant service rules.
  
  
• Complaint mechanism. For the redressal of the complaint made by the victim, the employer is required to create an appropriate complaint mechanism in his organization to decide whether or not the conduct of the accused constitutes a breach of service or an offence under law. The time- bound disposal of complaints should be ensured by such a complaint mechanism.
  
  
• Complaint committee:
  
  • Design of complaint mechanism: The complaint mechanism should be adequate to provide where necessary a complaint committee, a special counsellor, or other support service (including maintenance of confidentiality).
    
    
  • Composition of complaint committee: The composition of the complaint committee shall be as under:
    • It shall be headed by a woman.
      
      
    • Not less than half of its members of the committee be women.
      
      
    • The committee should involve a third party, either an NGO or another body familiar with the issues of sexual harassment, in order to prevent the possibility of any undue pressures or influence from the senior levels.
      
      
  • Annual report: The complaint committee of the concerned government department shall prepare an annual report of its activities of the previous year. Such report should also state complaints and actions taken by them. The committee shall forward a copy thereof to the head of the organization concerned who shall forward the same to the government department concerned with its comments.
    
    
  • Compliance report: The employer and the person in charge is also required to report:
    
    
    • On compliance with the aforesaid guidelines.
      
      
    • Compliance on the reports of the complaint committee.
      
      
    • Such report must be sent to the concerned government department.
      
      
• Workers’ initiative. In order to prevent and control sexual harassment at the workplace, employers should be allowed to raise these issues:
  
  • At workers’ meetings
    
    
  • In other appropriate forums
    
    
    The issues of sexual harassment should be affirmatively discussed in employer–employee meetings.
    
    
• Awareness. In order to create awareness about the right of female employees in regard to sexual harassment, the employer should take the following steps:
  
  
  • prominently notify the guidelines in a suitable manner; and
    
    
  • enact appropriate legislation on the subject, and also be suitably notified and displayed.
    
    
• Third-party harassment. Where sexual harassment occurs as a result of an act or omission by
  
  
  • any third party or
    
    
  • outsider, the employer and persons in charge are required to take necessary and reasonable steps to assist the affected person (a) in terms of support; and (b) take preventive action.
    
    
• Steps to be taken by the government. The Central and state governments are required to:
  
  
  • Take suitable measures (including legislation)
    
    
  • Ensure that the guidelines are observed by the employers in private sector

Two years later, in Export Promotion Council vs. A. K. Chopra, the Supreme Court was invited to decide the following issues:

• Does an action of the superior against a female employee, which is against moral sanctions and does not withstand the test of decency and modesty not amount to sexual harassment?
  
  
• Is physical contact with the female employee an essential ingredient of such a charge?
  
  
• Does the allegation that the superior ‘tried to molest’ a female employee at the ‘place of work’ not constitute an act unbecoming of good conduct and behaviour expected from the superior?

The Supreme Court’s response on the aforesaid issues was as follows:

With regards to the first issue, the Supreme Court ruled that ‘each incident of sexual harassment at the place of work results in violation of: the fundamental right to life and liberty and the right to gender equality —the two most precious fundamental rights guaranteed by the Constitution of India’.

The Supreme Court answered the second issue in negative and ruled that it was not correct to hold that since the respondent had not ‘actually molested’ Miss X and that he had only ‘tried to molest’ her and had ‘not managed’ to make physical contact with her, the punishment of removal from service was not justified.