LegalIndia.in: Sexual Harassment At Workplace: PowertoWomen.in

Madhvender Chauhan

Abstract

Sexual harassment is “behavior with asexual connotation that is abusive, injurious and unwelcome”. For thevictimsexual harassment has direct consequences for the maintenance or improvement of his or her living conditions and/or places him or her in an atmosphere of intimidationhumiliation or hostility.

The purpose of the paper is to provide a holistic and comprehensive picture in regard to the sexual harassment at workplace.

[PowertoWomen.in] [Post] The paper attempts to discuss all kinds of conduct that can come within the purview of the word “sexual harassment“. The paper also brings to light the various tests which can be applied to determine as to whether certain conduct at the workplace can be treated as sexual harassment or not. The paper also focuses on the international instruments and conventions which came into existence to prohibit this evil of sexual harassment in the society. The paper stresses on the preventive and procedural actions that need to be taken by the employers to combat sexual harassment at the workplace. The paper shall also provide for the liabilities and the remedies that are available to the victims ofsexual harassment. The paper shall conclude by suggesting the various resorts that are open to the victims to get their grievances redressed.

need of providing the women with the opportunity to plan and make choices for themselves and further, to transform those choices into desired outcomes. The paper will also focus on the various measures which are being taken, both at the national and international fronts, to improve the condition of women and empower them. The paper shall conclude by suggesting measures to sow the seeds of entrepreneurial culture so deep in the society of India that plants of success, prosperity and empowerment of women is bound to reap.

INTRODUCTION:

Sexual harassment is any sexually oriented conduct that may endanger thevictim‘s job, negatively affect the victim‘s job performance or undermine thevictim‘s personal dignity. It may manifest itself physically or psychologically. Its milder and subtle forms may imply verbal innuendo, inappropriate affectionate gestures or propositions for dates and sexual favours. However, it may also assume blatant and ugly forms like leering, physical grabbing and sexual assault orsexual molestation.

As noted by Dickson, CJ of the Supreme Court of Canada in Janzen v. Platy Enterprises Ltd. , in most cases of sexual harassment, the perpetrator misuses “a position of power to import sexual requirements into the workplace thereby negatively altering the working conditions of employees who are forced to contend with sexual demands”. Sexual harassment involves “the unwanted imposition of sexual requirements in the context of a relationship of unequal power”.

It is important to bear in mind that the perpetrator of sexually harassing behaviormay not be motivated only by sexual desire or lust. The perpetrator may simply be demonstrating his or her power to the victim. In many cases, such behavior may be a by-product of the prevailing stereotypes in the system. Thus, male perpetrators may indulge in sexually-harassing behavior to simply show the female victim ‘her place’ or to convey to her that she is good only for gratifying their sexual desires. While cases involving sexual harassment of subordinates by superior officers may be characterized by the perpetrator‘s desire to assert power over the recipients, those involving sexual harassment by co-employees (including subordinates) and outsiders (like the employer’s customers) may be actuated by sheer lust or sexualstereotyping.

The following passage from the decision of the arbitrator in the Canadian Pacific Ltd. and B.M.W.E. (Parker), Re , depicts the wide range of sexual harassment:

“While physical touching and the making of sexual demands may be the crudest form of sexual harassment, giving rise to the earliest complaints and court or tribunal decisions, experience has shown that the concept of sexual harassmentcan be much broader. Innuendo by words or gestures, unwelcome staring, sexually abusive jokes or other language, the unwelcome displaying of pornography and the writing of graffiti on workplace walls which singles out or demeans individual employees are all now generally recognized as forms of sexual harassment, even though they may not involve an abuse of power or the making of sexual demands by the member of one sex upon a member of the other sex.”

DEFINITION:

In India, in the absence of any statutory definition of the term sexual harassment, it was left to the Supreme Court to do the needful. Relying on international conventions and norms, particularly General Recommendation No.19 (January 1992) of the Committee on the Elimination of Discrimination Against Women (CEDAW) constituted by the United Nations, the Supreme Court defined the term sexual harassment for the first time in the year 1997 in Vishaka v. State of Rajasthan . The definition is almost parimateria with the one proposed by the CEDAW, United Nations and reads:

“Sexual harassment includes such unwelcome sexually-determined behavior (whether directly or by implication) as: (a) physical contact and advances;(b) a demand or request for sexual favours ; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical,verbal or non-verbal conduct ofsexual nature.

Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim‘s employment or work whether she is drawing salary, or honorarium, or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto”.

THE LEGAL TEST FOR SEXUAL HARASSMENT:

  1. Unwelcome:To fit in the concept of ‘sexual harassment‘ the relevant conduct must be ‘unwelcome’, that is unwelcome to the recipient of that conduct. In this context ‘unwelcome’ means that the advance, request or conduct was not solicited or invited by the recipient, and the recipient regarded the conduct as undesirable or offensive. While definitions of ‘sexual harassment‘ abound in various international instruments, declarations and conventions, as also in court decisions, and are largely similar, “the one common element in all these definitions is the unwanted and unwelcome nature of sexual harassment‘. The first feature of sexual harassment is the non-consensual practice at or connected with the workplace of the proscribed sexual behavior.
  2. Sexual in Nature: The second element of the definition requires the conduct to be ‘sexual‘ in nature. Courts, including Human Rights Tribunal, worldwide have recognized a broad scope of conduct that may fall under the definition of sexual harassment, depending on the circumstances. Such conduct may be physical, verbal or non-verbal. The ILO has identified the following “most common forms of sexual harassment” at the workplace:
    • Physical harassment (kissing, patting, pinching or touching in a sexualmanner);
    • Verbal harassment (unwelcome comments about a person’s sex orprivate life, jokes and insinuations, sexually explicit conversation, suggestive comments about a person’s appearance or body);
    • Gestural harassment (sending suggestive gestures, such as nods, winks, gestures with the hands, fingers, legs or arms);
    • Written or graphic harassment(sending pornographic pictures through e-mail, putting up pin-ups or addressing unwanted love letters to an employee);
    • Emotional harassment (behavior which isolates, is discriminatory towards, or excludes a person on the grounds of his or her sex).
  3. Persistence and/or Gravity of the Conduct: To constitute ‘sexual harassment‘ it is not enough that the impugned conduct be merely unwelcome sexual conduct. The word ‘harass’ implies the installation of fear or the infliction of damage; is indicated by the definition of the term in the Macquarie Dictionary: “1. to trouble by repeated attacks, incursions, etc., as in war or hostilities; harry; raid.2. to disturb persistently; torment, as with troubles, cares, etc.” There must be either unwanted sexual behavior whose main effect is to subordinate the maintenance of conditions and benefits to submission to unwelcome sexual demands, or behavior that creates an “intimidating, hostile or humiliating working environment”. In the context of ‘sexual harassment‘ there is unanimity of judicial opinion that the behavior complained of need not be repeated to constitute sexual harassment and in a given case even a single act may be sufficient. While it is important to consider the nature and intensity of the unwelcome act itself, its impact on thevictim must also be considered.

INTERNATIONAL INSTRUMENTS AND CONVENTIONS:

Much of the impetus for the statute law and judicial decisions that prohibit or constrain sex discrimination and sexual harassment stems from the recognition of the equality of the sexes in various international instruments and conventions. The Charter of the United Nations, The Universal Declaration of Human Rights, the European Convention on Human Rights and the International Covenant on Civil and Political Rights, all contain statements of a principle against discrimination on the basis of sex. That principle finds fuller expression in relation to women in the convention on the Elimination of All Forms of Discrimination against Women. India ratified the Convention on 25.06.1993 with some reservations, which are, however, not relevant in the present context.

THE INDIAN CONSTITUTION:

The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse. The Courts are under a constitutional obligation to protect and preserve those fundamental rights. That sexual harassment of a female at the place of work is incompatible with the dignity and honour of a female and needs to be eliminated and that there can be no compromise with such violations,admits of no debate. Referring to the incidents of sexual assaults on working women, the Supreme Court said in Vishaka case: “Each such incident results in violation of the fundamental rights of ‘Gender Equality’ and the ‘Right to Life and Liberty’. It is a clear violation of the rights under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also the violation of the victim‘s fundamental right under Article 19(1)(g) ‘to practice any profession or to carry out any occupation, trade or profession depends on the availability of a ‘safe’ working environment. Right to life means life with dignity.” Article 42 in Part IV-A of the Constitution which deals with the Directive Principles of India provides that the State shall make provision for securing just and humane conditions of work and for maternity relief. Amongst the fundamental duties of the citizen Article 51-A is relevant which states that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.”

REASONS FOR COMBATING SEXUAL HARASSMENT:

Sexual harassment in the workplace attacks the dignity and self-respect of thevictim both as an employee and as a human being. Therefore, addressing the issue of sexual harassment is directly linked to the core concerns of improved working conditions and respect for the dignity of workers. ILO says that “there are several good reasons why employers are taking action to prevent sexual harassment“. Legal compliance, business morality and ethics, desire to create a working environment which is conducive to the personal development and high level performance of their employees, litigation costs, desire to protect the company’s image and reducing the health costs and absenteeism of victims suffering from stress caused by sexual harassment are some of the main reasons cited by the ILO in this regard.

PREVENTATIVE AND PROCEDURAL ACTION BY EMPLOYERS:

Sexual harassment “continues to be a major obstacle to equality of opportunity and treatment for women“. Therefore employers are under ‘increased pressure” to tackle this problem. The present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in workplaces. Apprehending, and rightly so, that enactment of such legislation would take considerable time, the Supreme Court in Vishaka case thought it necessary and expedient to lay down certain guidelines for observance by employers and other responsible persons in workplaces or other institutions so as to ensure theprevention of sexual harassment of women and to protect their fundamental rights. The Apex Court prescribed the following preventive steps for the employers “without prejudice to the generality of this obligation”:

  • Express prohibition of sexual harassment as defined (in this decision) at the workplace should be notified, published and circulated in appropriate ways.
  • The rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
  • As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
  • Appropriate work conditions should be provided in respect of work. Leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

“The advantage of workplace mechanisms over legislation”, says an ILO report, “is that their role is primarily preventive. Rather than being confined to responding to sexual harassment, they are intended to ensure that it does not take place. Effective workplace policies protect employees by dissuading potential harassers, and identifying and responding to harassing behavior in its early stages.” The employers should formulate policy statements expressly declaring that sexual harassment at the workplace shall not be tolerated or condoned under any circumstance whatever.

Various other recommendations which are relevant to Indian employers as well, for shaping their policies on sexual harassment, are condensed below:

The policy statement should:

  • Make it clear what is considered inappropriate behavior at work. It should also explain that such behavior, in certain circumstances might be unlawful.
  • Place a positive duty on managers and supervisors implement the policy and to take corrective action to ensure compliance with it.
  • Place a positive duty on all employees to comply with the policy and to ensure that their colleagues are treated with respect and dignity.
  • Explain the procedure that employees subjected to sexual harassment at workshould follow so as to obtain assistance. It should also specify the persons to whom they should complain.
  • Contain an undertaking that allegations of sexual harassment will be dealt with seriously, expeditiously and confidentially, and that employees will be protected against victimization or retaliation for bringing a complaint of sexual harassment.
  • And last but not the least, specify that appropriate disciplinary measures would be taken against employees found guilty of sexual harassment.

LIABILITY ABD REMEDIES:

Nearly all industrialized countries provide some form of legal recourse againstsexual harassment at work. However, as pointed out by an ILO publication, the extent to which such remedies are used usually depends on the legal system where they are located. In some countries sexual harassment at work is legislatively or judicially recognized as a legally distinct type of prohibited activity. However, other countries are yet to reach “this level of awareness.” In India, thanks to our Supreme Court, our legal system has reached that level of awareness wheresexual harassment at work is recognized as a legally distinct type of prohibited activity. This has been possible not because of some progressive legislation enacted by the Parliament or any State legislature, but “by a rather innovative judicial law-making process” resorted to by the Supreme Court in Vishaka case, “against the growing menace of sexual harassment of women at the workplace.” In Vishaka, a three judge Bench categorically declared, ” The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention ofsexual harassment or abuse.”

Having noted that the present civil and penal laws in the country do not adequately provide for specific protection of women from sexual harassment at work and that enactment of such a legislation would take a considerable time, the Supreme Court laid down certain “guidelines and norms” for “due observance at all workplaces or other institutions, until a legislation is enacted for the purpose.” The Court emphasized that this would be treated as the law declared by it under Article 141 of the Constitution. Also, there are two other statutes which may be of particular help to victims of sexual harassment, viz., the National Commission for Women Act, 1990, and the Protection of Human Rights Act, 1993.

CONCLUSION:

Sexual harassment is a serious and real problem for various working women in large number of occupations, employments, jobs, trades and businesses, and economic sectors. It is an affront to the dignity and self-respect of the victims. It may have disastrous consequences both for the victims and the employers. It is the legal duty of the employer to take appropriate affirmative action to combatsexual harassment at work. Notwithstanding the absence so far of any statute in India that specifically deals with the problem of sexual harassment at work, victims of sexual harassment have remedies under different types of law such as the Indian Constitution, Labour Laws, Criminal Laws, the National Commission for Women Act, 1990, Protection of Human Rights Act, 1993, as also Torts Law.

Source: Legalindia.in

Excerpt from Mr. Franklin Joseph

Franklin Joseph is a Social Entrepreneur and Speaker on Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Violence, Sexual Abuse and Sexual Harassment for school, college and corporate:

Inside or around a workplace sexual harassmentcannot to dealt without the company policies changed to help the women in need. The change will not come unless the female employees puts the foot down and demand these policies to be enforced. This would happen either now or in few years from now. We at PowertoWomen.in help in building up the awareness against sexual harassment in general. Ask for our PowertoWomen.in workshops— 

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The Hindu: Night-shift woes: PowertoWomen.in

The Hindu Newspaper

PAPIYA BHATTACHARYA

Though security for women employeesworking night shifts in IT-BPO sector has come a long way after several shocking incidents, the taboo associated with the shift timings is yet to wear off from society’s mind.

[PowertoWomen.in] [Post] Around 10 years ago, at 10 p.m., a friend of mine was walking home from the bus-stop, a distance of about a km, in Yelahanka — a suburb in Bangalore. A man touched her cheek as he passed by, leaving her stunned, frightened, humiliated. Shaken, she wept on her way home.

Fast forward to 2005, when in a shocking incident, Pratibha Murthy, 24, an employee of HP GlobalSoft call centre in Bangalore, was raped and killed by the driver of her pick-up cab.

Or to July 2006, when Tanya Banerjee, 32, an employee of AVIVA-24/7 in Bengaluru was killed by a colleague when she refused to marry him. She was living alone in the city.

A year later, in 2007, on the way to work, Jyoti, 22, a BPO employee in Pune, was also raped and murdered by the office cab driver and his friend.

Are women physically safe in their workplace and out of it, especially when they are working on night shifts? Going through this dismal roster of incidents — some of which made national headlines — puts things in some perspective. Yet, all the outrage that followed these multiple rape and murder cases did result in shaking the IT-BPO industry and goading the police to take action and review the safetyof women working in these sectors.

The last few years have seen some positive changes. Rajiv Beriwal, who is employed at a Bangalore call centre, says, “Most companies now have security guards in office vehicles when women employees are being dropped off or picked up, especially in the night.”

Paroma Roy Choudhary, senior customer care executive at Accenture’s Bangalore call centre corroborates. She often works in night-shift and says that her company now has strict policies regarding the security of women. Female staff is provided with security escorts each time they take a cab to work or back home. This is a benefit also enjoyed by women employees at Ocwen Financial Corporation. Women on the night shift are provided with security escorts to and from work when there are no other male colleagues in the cabs.

A 2006 report commissioned by the National Commission for Women found that thanks to these measures, call centres provide the most secured atmosphere for its female workforce. This study was based on interviews with 272 womenworking in various night shift positions in the hotel, medical and textile sectors.

This view has been endorsed by feminist scholar Reena Patel in her book,Working the Night Shift: Women in India’s Call Center Industry. Ms. Patel has been researching on the issue of working women’s safety since 2003 when she learnt that female employees working in night shift in India’s call centres were being pulled over by police and accused of being in prostitution. She says, “Despitesafety concerns related to women working night shifts in call centres, the womenI interviewed reported that call centers are far safer than other local industries because they are held to higher sexual harassment standards. One woman revealed that in her company, a Fortune 500 computer firm, both men and womenreceived sexual harassment training. She also noted that this kind of training is not provided in other industries and, in fact, she suggested that because the call centre sector is under such public scrutiny, especially by the media, they have become far more conscientious when it comes to women’s safety.” And why not, considering this sector employs a sizable female workforce?

There can be no disputing that this extensive focus on women’s safety and security at work has had constructive outcomes — not only has it helped to heighten awareness among women employees and sensitise employers, it has also fast-tracked justice in cases like those involving Murthy and Jyoti. In Murthy’s case, the court handed a life imprisonment sentence to the accused in 2010, while Jyoti’s killers have been given the death sentence this year.

But Ms. Patel also highlights a negative impact. She says, “The demand for female night shift workers disrupts notions of a woman’s traditional place at home, particularly when it comes to the middle-class. Similar to an ongoing feminist research that illustrates how women’s bodies are used as a site of proclamations for or against globalisation, the Bangalore rape case was a source of concern about call centres as a rapidly expanding, exploitative, ‘second shift’ in the global economy. One of the ways in which this concern is manifested is through security concerns for female employees. While not undermining the importance of public outrage over such crimes, some of the women I interviewed thought that the focus on such cases was being used as an excuse by families to prevent women, whether they were daughters or wives, from working in the industry. In fact, one interviewee put it this way, ‘Women get raped in college. Does that mean we should not send them to school?’”

(Women’s Feature Service)

Source: TheHindu.com

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It’s high time, women staff must be oriented insafety. We have several workshops of various hours ranging from one hour to 3.5 hours to give the information on how to prevent, avoid and escape from various threats. Companies must understand, these training are as important as the pickup or lunch facility they offer. — 

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Times of India: Cabinet okays bill against sexual harassment at workplace: Powertowomen.in

Madhvender Chauhan

Abstract

Sexual harassment is “behavior with a sexual connotation that is abusive, injurious and unwelcome”. For thevictimsexual harassment has direct consequences for the maintenance or improvement of his or her living conditions and/or places him or her in an atmosphere of intimidationhumiliation or hostility.

The purpose of the paper is to provide a holistic and comprehensive picture in regard to the sexual harassment at workplace.

[PowertoWomen.in] [Post] The paper attempts to discuss all kinds of conduct that can come within the purview of the word “sexual harassment“. The paper also brings to light the various tests which can be applied to determine as to whether certain conduct at the workplace can be treated as sexual harassment or not. The paper also focuses on the international instruments and conventions which came into existence to prohibit this evil of sexual harassment in the society. The paper stresses on the preventive and procedural actions that need to be taken by the employers to combat sexual harassment at the workplace. The paper shall also provide for the liabilities and the remedies that are available to the victims of sexual harassment. The paper shall conclude by suggesting the various resorts that are open to the victims to get their grievances redressed.

need of providing the women with the opportunity to plan and make choices for themselves and further, to transform those choices into desired outcomes. The paper will also focus on the various measures which are being taken, both at the national and international fronts, to improve the condition of women and empower them. The paper shall conclude by suggesting measures to sow the seeds of entrepreneurial culture so deep in the society of India that plants of success, prosperity and empowerment of women is bound to reap.

INTRODUCTION:

Sexual harassment is any sexually oriented conduct that may endanger thevictim‘s job, negatively affect the victim‘s job performance or undermine thevictim‘s personal dignity. It may manifest itself physically or psychologically. Its milder and subtle forms may imply verbal innuendo, inappropriate affectionate gestures or propositions for dates and sexual favours. However, it may also assume blatant and ugly forms like leering, physical grabbing and sexual assault orsexual molestation.

As noted by Dickson, CJ of the Supreme Court of Canada in Janzen v. Platy Enterprises Ltd. , in most cases of sexual harassment, the perpetrator misuses “a position of power to import sexual requirements into the workplace thereby negatively altering the working conditions of employees who are forced to contend with sexual demands”. Sexual harassment involves “the unwanted imposition of sexual requirements in the context of a relationship of unequal power”.

It is important to bear in mind that the perpetrator of sexually harassing behaviormay not be motivated only by sexual desire or lust. The perpetrator may simply be demonstrating his or her power to the victim. In many cases, such behavior may be a by-product of the prevailing stereotypes in the system. Thus, male perpetrators may indulge in sexually-harassing behavior to simply show the female victim ‘her place’ or to convey to her that she is good only for gratifying their sexual desires. While cases involving sexual harassment of subordinates by superior officers may be characterized by the perpetrator‘s desire to assert power over the recipients, those involving sexual harassment by co-employees (including subordinates) and outsiders (like the employer’s customers) may be actuated by sheer lust or sexualstereotyping.

The following passage from the decision of the arbitrator in the Canadian Pacific Ltd. and B.M.W.E. (Parker), Re , depicts the wide range of sexual harassment:

“While physical touching and the making of sexual demands may be the crudest form of sexual harassment, giving rise to the earliest complaints and court or tribunal decisions, experience has shown that the concept of sexual harassmentcan be much broader. Innuendo by words or gestures, unwelcome staring, sexually abusive jokes or other language, the unwelcome displaying of pornography and the writing of graffiti on workplace walls which singles out or demeans individual employees are all now generally recognized as forms of sexual harassment, even though they may not involve an abuse of power or the making of sexual demands by the member of one sex upon a member of the other sex.”

DEFINITION:

In India, in the absence of any statutory definition of the term sexual harassment, it was left to the Supreme Court to do the needful. Relying on international conventions and norms, particularly General Recommendation No.19 (January 1992) of the Committee on the Elimination of Discrimination Against Women (CEDAW) constituted by the United Nations, the Supreme Court defined the term sexual harassment for the first time in the year 1997 in Vishaka v. State of Rajasthan . The definition is almost parimateria with the one proposed by the CEDAW, United Nations and reads:

“Sexual harassment includes such unwelcome sexually-determined behavior (whether directly or by implication) as: (a) physical contact and advances;(b) a demand or request for sexual favours ; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical,verbal or non-verbal conduct ofsexual nature.

Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim‘s employment or work whether she is drawing salary, or honorarium, or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto”.

THE LEGAL TEST FOR SEXUAL HARASSMENT:

  1. Unwelcome:To fit in the concept of ‘sexual harassment‘ the relevant conduct must be ‘unwelcome’, that is unwelcome to the recipient of that conduct. In this context ‘unwelcome’ means that the advance, request or conduct was not solicited or invited by the recipient, and the recipient regarded the conduct as undesirable or offensive. While definitions of ‘sexual harassment‘ abound in various international instruments, declarations and conventions, as also in court decisions, and are largely similar, “the one common element in all these definitions is the unwanted and unwelcome nature of sexual harassment‘. The first feature of sexual harassment is the non-consensual practice at or connected with the workplace of the proscribed sexual behavior.
  2. Sexual in Nature: The second element of the definition requires the conduct to be ‘sexual‘ in nature. Courts, including Human Rights Tribunal, worldwide have recognized a broad scope of conduct that may fall under the definition of sexual harassment, depending on the circumstances. Such conduct may be physical, verbal or non-verbal. The ILO has identified the following “most common forms of sexual harassment” at the workplace:
    • Physical harassment (kissing, patting, pinching or touching in a sexualmanner);
    • Verbal harassment (unwelcome comments about a person’s sex orprivate life, jokes and insinuations, sexually explicit conversation, suggestive comments about a person’s appearance or body);
    • Gestural harassment (sending suggestive gestures, such as nods, winks, gestures with the hands, fingers, legs or arms);
    • Written or graphic harassment(sending pornographic pictures through e-mail, putting up pin-ups or addressing unwanted love letters to an employee);
    • Emotional harassment (behavior which isolates, is discriminatory towards, or excludes a person on the grounds of his or her sex).
  3. Persistence and/or Gravity of the Conduct: To constitute ‘sexual harassment‘ it is not enough that the impugned conduct be merely unwelcome sexual conduct. The word ‘harass’ implies the installation of fear or the infliction of damage; is indicated by the definition of the term in the Macquarie Dictionary: “1. to trouble by repeated attacks, incursions, etc., as in war or hostilities; harry; raid.2. to disturb persistently; torment, as with troubles, cares, etc.” There must be either unwanted sexual behavior whose main effect is to subordinate the maintenance of conditions and benefits to submission to unwelcome sexual demands, or behavior that creates an “intimidating, hostile or humiliating working environment”. In the context of ‘sexual harassment‘ there is unanimity of judicial opinion that the behavior complained of need not be repeated to constitute sexual harassment and in a given case even a single act may be sufficient. While it is important to consider the nature and intensity of the unwelcome act itself, its impact on thevictim must also be considered.

INTERNATIONAL INSTRUMENTS AND CONVENTIONS:

Much of the impetus for the statute law and judicial decisions that prohibit or constrain sex discrimination and sexual harassment stems from the recognition of the equality of the sexes in various international instruments and conventions. The Charter of the United Nations, The Universal Declaration of Human Rights, the European Convention on Human Rights and the International Covenant on Civil and Political Rights, all contain statements of a principle against discrimination on the basis of sex. That principle finds fuller expression in relation to women in the convention on the Elimination of All Forms of Discrimination against Women. India ratified the Convention on 25.06.1993 with some reservations, which are, however, not relevant in the present context.

THE INDIAN CONSTITUTION:

The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse. The Courts are under a constitutional obligation to protect and preserve those fundamental rights. That sexual harassment of a female at the place of work is incompatible with the dignity and honour of a female and needs to be eliminated and that there can be no compromise with such violations,admits of no debate. Referring to the incidents of sexual assaults on working women, the Supreme Court said in Vishaka case: “Each such incident results in violation of the fundamental rights of ‘Gender Equality’ and the ‘Right to Life and Liberty’. It is a clear violation of the rights under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also the violation of the victim‘s fundamental right under Article 19(1)(g) ‘to practice any profession or to carry out any occupation, trade or profession depends on the availability of a ‘safe’ working environment. Right to life means life with dignity.” Article 42 in Part IV-A of the Constitution which deals with the Directive Principles of India provides that the State shall make provision for securing just and humane conditions of work and for maternity relief. Amongst the fundamental duties of the citizen Article 51-A is relevant which states that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.”

REASONS FOR COMBATING SEXUAL HARASSMENT:

Sexual harassment in the workplace attacks the dignity and self-respect of thevictim both as an employee and as a human being. Therefore, addressing the issue of sexual harassment is directly linked to the core concerns of improved working conditions and respect for the dignity of workers. ILO says that “there are several good reasons why employers are taking action to prevent sexual harassment“. Legal compliance, business morality and ethics, desire to create a working environment which is conducive to the personal development and high level performance of their employees, litigation costs, desire to protect the company’s image and reducing the health costs and absenteeism of victims suffering from stress caused by sexual harassment are some of the main reasons cited by the ILO in this regard.

PREVENTATIVE AND PROCEDURAL ACTION BY EMPLOYERS:

Sexual harassment “continues to be a major obstacle to equality of opportunity and treatment for women“. Therefore employers are under ‘increased pressure” to tackle this problem. The present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in workplaces. Apprehending, and rightly so, that enactment of such legislation would take considerable time, the Supreme Court in Vishaka case thought it necessary and expedient to lay down certain guidelines for observance by employers and other responsible persons in workplaces or other institutions so as to ensure theprevention of sexual harassment of women and to protect their fundamental rights. The Apex Court prescribed the following preventive steps for the employers “without prejudice to the generality of this obligation”:

  • Express prohibition of sexual harassment as defined (in this decision) at the workplace should be notified, published and circulated in appropriate ways.
  • The rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
  • As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
  • Appropriate work conditions should be provided in respect of work. Leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

“The advantage of workplace mechanisms over legislation”, says an ILO report, “is that their role is primarily preventive. Rather than being confined to responding to sexual harassment, they are intended to ensure that it does not take place. Effective workplace policies protect employees by dissuading potential harassers, and identifying and responding to harassing behavior in its early stages.” The employers should formulate policy statements expressly declaring that sexual harassment at the workplace shall not be tolerated or condoned under any circumstance whatever.

Various other recommendations which are relevant to Indian employers as well, for shaping their policies on sexual harassment, are condensed below:

The policy statement should:

  • Make it clear what is considered inappropriate behavior at work. It should also explain that such behavior, in certain circumstances might be unlawful.
  • Place a positive duty on managers and supervisors implement the policy and to take corrective action to ensure compliance with it.
  • Place a positive duty on all employees to comply with the policy and to ensure that their colleagues are treated with respect and dignity.
  • Explain the procedure that employees subjected to sexual harassment at workshould follow so as to obtain assistance. It should also specify the persons to whom they should complain.
  • Contain an undertaking that allegations of sexual harassment will be dealt with seriously, expeditiously and confidentially, and that employees will be protected against victimization or retaliation for bringing a complaint of sexual harassment.
  • And last but not the least, specify that appropriate disciplinary measures would be taken against employees found guilty of sexual harassment.

LIABILITY ABD REMEDIES:

Nearly all industrialized countries provide some form of legal recourse againstsexual harassment at work. However, as pointed out by an ILO publication, the extent to which such remedies are used usually depends on the legal system where they are located. In some countries sexual harassment at work is legislatively or judicially recognized as a legally distinct type of prohibited activity. However, other countries are yet to reach “this level of awareness.” In India, thanks to our Supreme Court, our legal system has reached that level of awareness wheresexual harassment at work is recognized as a legally distinct type of prohibited activity. This has been possible not because of some progressive legislation enacted by the Parliament or any State legislature, but “by a rather innovative judicial law-making process” resorted to by the Supreme Court in Vishaka case, “against the growing menace of sexual harassment of women at the workplace.” In Vishaka, a three judge Bench categorically declared, ” The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention ofsexual harassment or abuse.”

Having noted that the present civil and penal laws in the country do not adequately provide for specific protection of women from sexual harassment at work and that enactment of such a legislation would take a considerable time, the Supreme Court laid down certain “guidelines and norms” for “due observance at all workplaces or other institutions, until a legislation is enacted for the purpose.” The Court emphasized that this would be treated as the law declared by it under Article 141 of the Constitution. Also, there are two other statutes which may be of particular help to victims of sexual harassment, viz., the National Commission for Women Act, 1990, and the Protection of Human Rights Act, 1993.

CONCLUSION:

Sexual harassment is a serious and real problem for various working women in large number of occupations, employments, jobs, trades and businesses, and economic sectors. It is an affront to the dignity and self-respect of the victims. It may have disastrous consequences both for the victims and the employers. It is the legal duty of the employer to take appropriate affirmative action to combatsexual harassment at work. Notwithstanding the absence so far of any statute in India that specifically deals with the problem of sexual harassment at work, victims of sexual harassment have remedies under different types of law such as the Indian Constitution, Labour Laws, Criminal Laws, the National Commission for Women Act, 1990, Protection of Human Rights Act, 1993, as also Torts Law.

Source: Legalindia.in

Excerpt from Mr. Franklin Joseph

Franklin Joseph is a Social Entrepreneur and Speaker on Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Violence, Sexual Abuse and Sexual Harassment for school, college and corporate:

Inside or around a workplace sexual harassmentcannot to dealt without the company policies changed to help the women in need. The change will not come unless the female employees puts the foot down and demand these policies to be enforced. This would happen either now or in few years from now. We at PowertoWomen.in help in building up the awareness against sexual harassment in general. — 

Photo’s Design: Franklin Joseph


[Ad]: Enroll for Franklin Joseph’s Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Sexual Harassment, Sexual Abuse and Violence Workshop for Corporate, School and College

[Ad]: Enroll your children school and college forFranklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

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Times of India: Ex-colleague Held for Rape of IBM BPO Employee

PUNE: A 22-year-old former employee of IBM BPO was arrested by the Yerawada police, for allegedly raping a colleague, after abducting her from near the company gate. He had allegedly confined her in a flat for three days before police rescued the victim on Wednesday and arrested the accused.

The victim‘s elder sister had lodged a complaint. Police have identified the accused as Ashish Rajkumar Goyar, 22, a resident of Koregaon Park.

[PowertoWomen.in] [Post] According to the police, on April 29 at around 2 am, the victim was standing at company’s gate after her shift was over, when the accused approached her. “He told her that he wanted to talk her and she sat on his bike. But, the accused zoomed away to his rented flat in Tingre Nagar, where he forcibly took away her mobile phone and switched it off. She sent a text message to her sister’s friend from his mobile phone while he was sleeping,” said Police Sub-inspector R B Mulani.

The message read, ‘Ashish Goyar has abducted me and wants to marry me at Alandi’. Her family members immediately approached the police and a case was registered on April 30. Senior Police Inspector Deepak Sawant, in-charge of Yerawada police station, formed a team.

It comprised of PSI A S Mane and constables Yashwant Khandare and Satish Shinde and Kiran Khedekar, to nab the accused and rescue the victim. Acting on a tip-off, the team raided the flat on Wednesday and rescued the victim and also arrested the accused. “The victim has told us that Goyar raped her while in confinement,” added PSI Mulani. She further said, “Earlier, Goyar and the victimworked together at the same company and knew each other. About 3-4 months ago, the accused left the job and is now working at another BPO.”

Goyar has been arrested for offences under 366 (abducting or inducing woman to compel her marriage), 376 (rape), 507 (criminal intimidation) and other relevant sections of IPC.

Judicial Magistrate (First Class) S M Padolikar remanded Goyar to police custody till May 5 after Assistant Public Prosecutor Kiran Bendbhar submitted that the accused’s custodial interrogation is required to conduct his medical examination.

Excerpt from Mr. Franklin Joseph

Franklin Joseph is a Social Entrepreneur and Speaker on Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Violence, Sexual Abuse and Sexual Harassment for school, college and corporate:

How much does it affect your business when your company name is written about in the media along with rape and murder. First companies had nothing to do with employee food and travel to and from the office. Now, even the smallest companies they have pickup and drop facility along with free or low cost food option. But safety of the employee is not a biggest concern as the business does not get affected that much when your employees are overseas and they don’t care if the particularwomen staff member is raped, assaulted, kidnapped or murdered. But the same way, they do not care about pick up and food facility given to the employees. The staff made sure that they are implemented as a mainstream normal perks. Same way the staff has to make sure their safety is also taken care of by providing safety awarenessorientation and empowerment self defensesession in or around the office. Then only we will see these headline very rarely. — 

Photo’s Design: Franklin Joseph


[Ad]: Enroll for Franklin Joseph’s Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Sexual Harassment, Sexual Abuse and Violence Workshop for Corporate, School and College

[Ad]: Enroll your children school and college forFranklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

[Ad]: Self Defense Tools for Daughters going to School and College, Old parents staying alone, and for Corporate Staffers Non-Lethal Self Protection Electric Shock Stun Device Now Legally sold in Bangalore, India

[Ad]: Learn Krav Maga in Bangalore: Israeli military Self Defense Combat System from Sensei Franklin Joseph KravMagaBangalore.in

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Most women worry about their self defense only after bad incidents?

I have asked few of our female Krav Maga Self Defense practitioners to share some thoughts about this issue

[PowertoWomen.in] [Post

Mrs. Divya says:

Yes. It never occurs to most womenthat our safety is at risk on road, at work and even at home. Inspite of reading millions of articles on newspapers and magazines about incidents that happen around us, there is always a part of us that says “this will not happen to me” and some women just tend to blame the victim.

It is only when something happens to us that we realize that crime could happen to anyone. It is unfortunate that a bad incident is a wakeup call for most of us and then it takes so much more effort to fight the fear and eliminate the mental scars from the incident.

Why wait for something to happen? Self defense has to be an integral part of our lives. It not only helps us physically but also mentally prepares us to face fears and inhibitions.

It educates you to take control over your life and truly liberates you. The more you get prepared; the likelihood of an attack on you reduces.

So why not be prepared than become a victim. Self defense skills redefines the term “independent women”.

Excerpt from Mr. Franklin Joseph

Franklin Joseph is a Social Entrepreneur and Speaker on Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Violence, Sexual Abuse and Sexual Harassment for school, college and corporate:

I feel the root of the problem is how we bring up our daughters. We tell them to be afraid of anything bad that might happen to them. We pamper and protect them so they never learn to be truly independent. We tell them they have to polite and take any garbage thrown at them as they arewomen and they suppose to be the quite one especially when they are supposed to handle husbands in the later stages. We enroll them to dance, singing and drawing classes which will help bring out their home maker quality more than enrolling them for sports or any other rough and tough field. We need to start sending our daughters to reflex action based self defense classes like Krav Maga. — 

Photo’s Design: Franklin Joseph


[Ad]: Enroll for Franklin Joseph’s Power to Women Self Defense Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Sexual Harassment, Sexual Abuse and Violence Workshop for Corporate, School and College

[Ad]: Enroll your children school and college forFranklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

[Ad]: Self Defense Tools for Daughters going to School and College, Old parents staying alone, and for Corporate Staffers Non-Lethal Self Protection Electric Shock Stun Device Now Legally sold in Bangalore, India

[Ad]: Learn Krav Maga in Bangalore: Israeli military Self Defense Combat System from Sensei Franklin Joseph KravMagaBangalore.in

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Power to Women Franklin Joseph Past Press

Live Mint Newspaper

There was a time when I was far bolder than I am today. I was well known in my daily bus route to school for whacking a man who was harassing me. It wasn’t a hard one, but it embarrassed him enough to get off the bus. Years later, I find myself just gaping in shock when strangers brush past me intentionally and so did a girl friend when she was sexually harassed by a fellow press person on ride to a common assignment. We call it temporary paralysis, and most women (and even men) I know have been there at a point.

[PowertoWomen.in] [Post] Two years ago, I enrolled into a kickboxing class conducted by a girl, a year my junior from college. Bangalore at the point was just recovering from the threats of the Shree Ram Sene, girls were being attacked on the roads for wearing western clothes. It was all quite worrying and unsettling. And though I hadn’t had any such personal experiences other than the odd skirmish with an auto driver, I knew enough friends who had.

Inspired by the confidence and energy of the said junior from college, I signed up. The class included training to kick, tackle, release yourself if a man grabs your hands and all those things that one might only dream of doing when in a situation like that. I couldn’t go through with my kickboxing lessons dues to a shift in homes, but a recent story assignment took me to a Krav Maga class in Bangalore.

Franklin Joseph, the instructor was delighted at the sight of a female entrant in his all male class that afternoon. "Have you ever tried self defense class" he asked even before introducing himself. I gave him the Indian nod, not sure if two months of kickboxing qualified.

Without warning he grabbed my hand and asked me to release myself. Outraged and severely embarrassed in front of all those men, I twisted till my wrists hurts and looked for mercy. Letting go, he asked me grab his wrist. With all my strength I wrapped my fingers around his thick wrist which was free in less than a second.

"It’s not a strength thing, it is technique," he proclaimed.

Truly enough in the next few minutes I was taught how to release my hands if my left hand is grabbed, and a different method for my right and also how to free myself if someone held me to a wall and held my neck. Beaming and exhilarated, I felt like confidence central.

"But you have to be alert enough to anticipate an attack and remember the technique," came the conditions apply bit. He was right, had this happened on a street, I would have just frozen. "So if I do remember how, I just run?" I asked. "Well if you wait to think about hitting him, he’ll get you again, so yes run or find help," he advised.

Most girls who go to his class, detest hurting other people physically and hesitate to deliver a punch or kick someone in the groin. Most of them discontinue lessons and go back to hoping that it will never happen to them. "Sadly a lot of violence onwomen comes from their boyfriends, friends, husbands and even brothers," he says adding with some sadness that there is no question of convincing them hit relatives who hurt them.

But what taking a class does do, is that it adds a sense of confidence. And this applies to men as well. Truly enough, I had begun my fifteen minute training session with tugging at my shirt and adjusting my hair on being asked to perform in front of 30 odd people, but that didn’t last for long. I walked out of the interview promising myself to comeback.

It is another thing that Krav Maga is an intense Israeli combat technique that is physically demanding, so if I do go back I should be ready to throw some punches, do some squats and receive some injuries when training, but it is a thought that has been weighing on my mind.

DNA Newspaper

Krav Maga, a self-defence technique developed in Israel, literally means ‘contact combat’ or ‘close combat‘. Relying on human instincts, this hand-to-hand combat involves wrestling, boxing, grappling and striking techniques. With traces of street fighting techniques, Krav Maga is easy to adapt and reproduce.

"Krav Maga is a form of self-defence that deals with realistic scenarios where there are no rules. It deals with prevention from threat, psychological buildup to empowerment, verbal self-defence, soft and hard tactical defence against eve-teasing, groping, molestation and rape. It is an instant realisation and reaction to an action or attack," says Franklin Joseph, instructor, Israeli Krav Maga Self-Defence in Richmond Town. Franklin is the only Krav Maga instructor in Bangalore.

According to Franklin Joseph, this art of close combat was developed by Imi Lichtenfeld, a trained boxer and wrestler in Bratislava in order to help protect the local Jewish community during the German military invasion.

Krav Maga trains one to be ready for any lethal situation regardless of age, size, strength and fitness. "The common attack targets in Krav Maga are chin, groin, throat, eyes jaw and knee. If you are attacked from the back and choked, you will not waste time resisting, instead when pushed back you’ll raise your foot to attack his groin," he continues.

Krav Maga is popular because there are no esoteric martial art techniques that are put to use. Instinctive punches and kicks used in natural self-defence are polished.Krav Maga is an excellent fitness routine and helps in building stamina, confidenceand also helps to burn those extra calories. Many law enforcement agencies and intelligence agencies like the FBI have adopted it.

[PowertoWomen.in] [Post] The Bangalore chapter of Krav Maga has trained around 300 people —among them men, women and children. For Kunga Uuangyal, 28, who is a student at the Krav Maga Self Defence, this art of close combat has pushed him beyond his limits, both physical and psychological.

"Learning this art form for more than two and a half years has been a huge help in building confidence. I now know how to react to situations that need quick thinking and action," says Kunga.

"The fitness routine followed in Krav Maga is very intense. The workouts and exercises could be strenuous for a girl but constant resistant practice has equipped me with techniques to defend myself and I’m not scared of walking alone on the roads," says Urvashi Raizada, 18, another student.

Stephanie Steiger, mother of a five-year-old is amazed to see drastic changes in her daughter Sanara’s attitude. "She is confident, she enjoys it and is ready to startle all the big boys with her defence moves," says Steiger.

After a relative lull, the city was shaken once again with the gangrape of a 24-year-old Jharkhand girl, before she was mugged, kidnapped and kept captive (for 14 hours). The MBA graduate was returning home near the swish Electronic City. The incident once again raises serious questions about women‘s safety, especially at night. It was only in 2005, a BPO employee Prathibha was raped and killed in Bangalore.

[PowertoWomen.in] [Post] As the city grows, the risks are increasing, too. What if tomorrow you find yourself face-to-face with some scum of the earth? Can you save yourself? "Yes you can," says Franklin Joseph an instructor of krav-maga, "by using simple objects which women usually carry with them." But no matter what you do, scream as loudly as possible, say Franklin.

The first of a two-part series.

Franklin Joseph Self Defense advise with Umbrella

  • Use the umbrella to jab it on his venerable points like eyes, throat or groin. Keep poking it till you get some distance between you two.
  • Avoid hitting him with the umbrella like you would with a club, which he can easily block with his hands, so jab him.
  • Seek weak spots like groin. Jab or swing the umbrella in a straight line, hitting the testicles.
  • Flip open the umbrella as the last option, when you are ready to escape.
  • Avoid hitting chest, head or arms (because that way it becomes easy for the attacker to grab you). Do not try to grapple or push him as you will get tired very soon.

Franklin Joseph Self Defense advise with Mobile phone

  • This is a very effective tool as most women carry it in their hands. But avoid talking on the phone or texting while walking on the road or towards your car as you are distracted and can become easy targets.
  • Jab the phone into his eyes and throat. Avoid hitting the attackers head or upper body, since this will put you in close proximity to the attacker making it easier for him to grab you.
  • The bridge of the nose is a very sensitive spot. So, hit that area with your phone.
  • If the hand is caught up near his groin, jab at his groin.
  • Always call for help once you flee the spot.

Franklin Joseph Self Defense advise with Spectacles/ Glares

  • They are a soft tool that might break on contact. But it can still be used as a weapon.
  • If its sharp edge is open, then use it to jab into the eyes.
  • If it is closed, it still can be used as a jabbing tool. Aim for the eyes, throat, ribs or groin. Anywhere else it would not be effective enough for him to let go.

Franklin Joseph Self Defense advise with Watch

  • Not an effective tool as women usually wear small and thin watches. Even a bigger one is not very effective. Nevertheless, one can combine it with one’s fist.
  • Use the hard surface of the watch and hit the temples or the nose.
  • Constantly use the free hand to poke his eyes or throat and keep hitting him till he hides his face with his hands.

Franklin Joseph Self Defense advise with Stilettos

  • Heels hamper you from running. But if you are wearing it, use it to jab the person. But make sure you are stomping his foot or knee and not the ground, which might lead to ankle sprain or fracture adding to your woes.
  • If he grabs you from behind, use your pointed heels to jab his feet. Avoid trying to hit his groin or shin because you might lose your balance, leaving you at a vulnerable position.
  • If he grabs you from the front, kick his groin with your knee and then use that split second to jab the groin with the sharp heels.
  • Use a straight line directly to his groin

Franklin Joseph Self Defense advise with Keys

  • It is the most effective sharp object that can be used as a jabbing tool. Aim for the eyes, throat and ribs.
  • It is very important that you jab the attacker multiple times and do not stop until he lets go.

Franklin Joseph Self Defense advise with Hair Clip

  • Silppery, it is not a very effective tool. But anyway one can use it for poking at throat, eyes and ribs.

Franklin Joseph Self Defense advise with Water bottle

  • Can work as a distraction tool along with other items like umbrella or keys.
  • If there is time, open it and spray water on his face.

Franklin Joseph Self Defense advise with Hand bag

  • Swing it into his face instantly in a vertical straight path.
  • Swing it in a horizontal path only to create some distance.
  • You can also slash it into his groin in a vertical straight path.
  • If caught, leave the bag aside and run away. Do not struggle, trying to grab it back.

Franklin Joseph Self Defense advise with Pen

  • Pen is a great weapon for self-defence. It’s small and strong and can be used for its sharp edge also. Again go for his eyes, throat, groin and nose.

Times of India Newspaper

Yesterday, we explained how women can use simple things to counter attack when in danger. In the concluding part of our series, Krav-Maga expert Franklin Joseph tells you how to arm yourself if you get caught in precarious situations. Be it on a crowded street, at your workplace, or even in a cab on your way back home.

Franklin Joseph Situation 1

[PowertoWomen.in] [Post] You are walking on the road and suddenly a car stops, few men grab you and try to pull you in….

If they grab your hands

  • Do not get into a push-pull situation as they would be stronger than you and could overpower you.
  • Bend down a bit and stand on your side with your legs little wider apart so that they would take more time to pull you in. Do not face them or away from them where you are most likely to lose balance.
  • Use your other hand to grab your own fist and push your elbow towards him, twisting your hand.
  • After you are free, you can hit him on his face with a closed fist.

If they hold your clothes or purse

  • Use your knuckles (like you are knocking on the door) to hit the palm of the person.
  • Do not try to hold on to your duppata or purse if they grab it, let go of them and run away.

If they hold you close

  • Hit the groin if your arms are caught up.
  • Stomp his feet.

Franklin Joseph Situation 2

If the men have managed to bundle you into the car and pin you down…

  • Always try rolling to your side so that you will be in a position to kick theculprits.
  • Keep kicking and try to crawl out of the other side of the door.
  • Use the seat inside the car as the tool to lie down and kick hard repeatedly while look for things like pen, rolled-up magazines or anything hard inside the car that can be used as a jabbing tool.
  • Aim for the driver’s eyes or try twisting his head or pressing his nose so that he could stop/slow down the vehicle.

Franklin Joseph Situation 3

When you are walking on a busy street and two men try to grope you.

  • Always keep your purse or bag closer to your chest while walking through a crowded street.
  • If you manage to catch the person, always shout and scream, but do not hurl abuses at him or slap him else it would just create a scene and you might end up in a worst situation.
  • If he is in front of you and you can see a hand approaching, you can immediately use your palm to push against his neck’s cervical esophagus area, which is very soft, which can choke up the person.

Franklin Joseph Situation 4

You are travelling in an auto rickshaw in a secluded stretch and suddenly the autorickshaw stops and two men barge in.

  • If two men are trying to get in, immediately start kicking one of the person’s knees or groin. Use your hands to jab the other person’s eyes or throat. Use your palm to hit his chin.
  • If the auto-driver grabs you from his seat then roll to the side and use your legs to kick his face.
  • If they have a weapon, and are asking for money, give them what they want. Do not abuse them and do not plead, beg or cry. Put up a confident front, but don’t try to threaten them.
  • Try to isolate these guys and then plan your escape by attacking one of them.

Franklin Joseph Situation 5

You are the last passenger travelling in your call centre cab. The driver suddenly stops and pounces on you.

  • If the driver grabs you from his seat, then use your legs to kick his face. There is enough space in the backseat of the car for you to lie down and kick with much force. Scream loudly as you are hitting him.
  • Lie down on the side which will prevent him from jumping on you.
  • If he grabs you, use your legs to kick his groin or knees
  • If he’s managed to get on top of you, use your hands to jab his eyes or throat.
  • Avoid sleeping in the car. A driver would notice that and would use it one day against you. Avoid calling or talking too much about your personal life — first you are giving away too much information about your life and he might assume few things about you which might not be true and secondly, while talking on phone you are not aware of your surroundings.

Franklin Joseph Situation 6

You are working late in the office and there isn’t a soul around. Suddenly somebody creeps up on you…

  • Scream as loud as possible. If he clamps your mouth shut, use your strength to pull the hand down by leaning onto his hand with your body weight.
  • Bite hard.
  • Bend down slightly so that you can stamp on his feet with the heels of your shoes and then run.
  • If he tries to grab you by the waist then or smother you from behind, bend down slightly so that he cannot lift you easily.
  • Stomp hard on this feet and then hit him on the groin. When folds up in pain, use your elbows to hit hard on his chin.
  • Use any tools you might have like pen, keys or umbrella to hit him in his eyes, throat or ribs. Scream and shout seeking attention from others.

Franklin Joseph Situation 7

You see your friend being dragged into the car by three men…

  • Do not try to grab your friend’s hand which would only prevent her from fighting back. Instead attack the guy. Go for his eyes, throat, thumb and groinareas. Do not hurl abuses or try to slap.
  • Try to concentrate on the facial features of the attacker like scar, the shape of his moustache and eyes brows. Write down the car number. Avoid crying or panicking as that would erase or cloud your memory. Call the cops.

Remember this…
Dr B L Gangadhar, HOD, Psychiatry, NIMHAMS and krav-maga instructorFranklin Joseph say:

  • When you are being attacked, scream and create a scene to attract attention.
  • Instead of screaming ‘help, help’ scream, ‘rape, rape‘. The latter invokes more sympathy of the bystanders.
  • If someone grabs you, you can’t (possibly) beat them with strength, but you can do it by outsmarting them. If you are grabbed around the waist from behind, pinch the attacker between the elbow and armpit or the upper inner thigh.
  • After the initial hit, always go for the groin.
  • When the guy puts his hands on you, grab his first two fingers and bend them back as far as possible with as much pressure.
  • Take a crash course in self-defence, martial arts or boxing. Carry pepper spray.

Profile of a rapist

When women are attacked they face moderate or high levels of involuntary paralysis during the assault, as it happens suddenly. It is violent and very stressful to her, thus shutting her mind down. "To some of the assailants, this action acts as an acknowledgement of consent from the woman," says Ottilie Anban Kumar, Psychological Counsellor, Life Coach and Motivational Speaker. Assailants can generally be grouped into following categories:

POWER ASSERTIVE
Around 44 per cent of all accused are in this category, where they will use a weapon to ensure the victim‘s co-operation.

ANGER/REVENGE
Here perpetrator is actually out to punish women as they hate women in general. Around 30 per cent of them belong to this category.

CRIME-RELATED
This is done in conjunction with another crime such as burglary, robbery or kidnapping. Around 10 per cent.

DANGEROUS MOTIVE
The most vicious type, this type of culprits want the victim to be hurt or killed afterrape. Fortunately, only five per cent fall into this category.

DNA Newspaper

You could be petite or small-built, but never underestimate what your body can actually do. And that goes even for the women. The world isn’t getting any safer and one of the best ways to protect oneself is to learn a form of art that will come handy when you’re in trouble. From judo, karate, kick-boxing, kalari — there are plenty of options. Even a form that has its roots far away in Israel like Krav Magais fast-gaining popularity in Bangalore.

[PowertoWomen.in] [Post] Krav Maga enables you to defend yourself without having to use a weapon. Franklin Joseph, a certified instruction, has been training 200 people and most of his students are women. “It is important forwomen to learn this more than the men as they can defend themselves better during a blind-attack situation as they kick and punch their way through the brawl. This form of martial art also instills confidence and improves a person’s body language,” he says.

Many women have secured themselves from the fear of being attacked and harassed by kicking and punching away in Krav Maga style. Franklin Joseph has been trained by Vicky Kapoor, chief instructor, Krav Maga, India, who has also trained Abhay Deol for his upcoming film.

“My tryst with Krav Maga began while I was living alone in Delhi, since it was an unsafe city. It was when I met a few army officers who told me about this martial art that I developed a passion towards it and finally turned into my profession,” says Franklin Joseph.

There is no specific criterion required to learn Krav Maga and Franklin Josephsays, “There is no strength factor involved in this form. Krav Maga does not mean getting into a fight. Instead, it works as a stress buster that helps you get away from it.”

Time Out Bengaluru Magazine

I began my first session at the Bangalore centre of the International Krav MagaFederation, more than a little apprehensive about grappling with full-grown men. I was told that this form of combat relies heavily on attacking the groin, face and knee. And I had these decidedly martial terms – "combat tactics" and "neutralising real-life threats" running through my head.

A few minutes of cardio, and landing punches and kicks on a punching bag later, I was hoicked to my knees, and given the street brawl perspective. The grips and choke holds were real enough to release my clutches on any kind of ladylike decorum.

Jagriti Jain, 18, a fashion design student shedding sweat next to me, pointed out, "Krav Maga is not high on glam. You’re not going to look like Charlie’s Angels."

It didn’t take long for me to realise that it’s not about strength or size, but wits and technique, being pitted against your opponent. There’s no room for inhibition when the idea is to knock the stuffing out of you.

Franklin Joseph, the instructor, who is 36, has a theory on how martial arts are toKrav Maga what a Ferrari is to a Humvee. "The Ferrari may be a finely tuned machine designed for peak performance on the racetracks, but it is useless on sand dunes. A Humvee is built for any situation. So for real combat, Krav Maga is more relevant and practical," he said.

[PowertoWomen.in] [Post] Krav Maga, a relatively new fighting style, wasn’t created to tackle street brawls. Developed as a hand-to-hand combat system to take on the invading Nazis in Poland, it was later adopted by the Israeli armed forces.

The military influence is obvious, just into my first session, it felt like I was in boot camp from hell – I was flat out on the floor exhausted – and I had two-and-a-half hours more to go. Franklin Joseph explained that tiring the body forces you to rely on reflex and instinct. At the time, my reflex and instinct were begging me to get medieval on Franklin.

Krav Maga is not a competitive sport and is unlike martial arts, which were born at a time and place where honour was integral to battle. Gillan Divecha, 41, who is trained in karate, said: "You don’t need years of training to be able to use this when it counts. Martial arts tell you to avoid human areas of weakness, but Krav Magahas no hard rules. You had better strike at a vulnerable point if you want to get out alive."

"Getting attacked and saying, ‘oh, I didn’t learn this!’ will not save you," added Franklin Joseph, getting us into role-play with dummy knives, guns and sticks. As bodyguards, we had to perceive threat, despite distractions, and as assassins we were given lessons on thinking on our feet. The victims, we learned, are forced to think of creative solutions to counter a situation, and to improvise using available resources when taken unawares.

Bruised and aching at the end of the gruelling session, I definitely wasn’t a pretty sight. Franklin left us by saying it was always better toavoid a conflict situation whenever possible. This is not fuel for a macho fantasy

Source: Timeoutbengaluru.net

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[Ad]: Enroll your children school and college for Franklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

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International Women Day : Power to Women Safety Awareness Workshop, Bangalore

[PowertoWomen.in] [Post] Bangalore is the one of the most dangerous mega city in Bangalore coming between Delhi and Mumbai according to National Crime Records Bureau of India. We are conducting a Power to Women Workshop on Safety Awareness and Psychological Empowerment and Preparation against Crime, Violence and Sexual Abuse on Women.

Date: International Women’s Day, March 8th 2012

Venue: Coming soon, Bangalore

Time: Coming soon (Anytime around 8PM to 9PM)

Description:

‘Stop Crime on Women’

  1. Verbal presentation on Women Safety Empowerment.
  2. Legal Issues and Women Safety Speech by Mr. Ashok G.V. Advocate and the managing partner of CorLit Legal.
  3. Session on Safety Awareness and Preventive Tactics against common threats like eve-teasing, molestation and violence against Women.
  4. Session of how to use Non-Lethal Self Protection Safety Device like Stun Gun and Pocket Stick to escape from serious crimes like kidnapping and rape.

For participation in Bangalore, please contact Mr. Franklin Joseph at 9886769281

Visit the International Women Day Website Power to Women Safety Webpage http://www.internationalwomensday.com/powertowomensafety

Power to Women Safety Awareness Workshop: Corporate Women Self Defense: Choose a effective practical system

Few point of consider whenever choosing a women self defense or safety empowerment session

  • Will a women want to fight a violent, bigger and stronger man?
  • Does the women want to be injured during the fight with a skillful opponent?
  • Is the women is prepared to face the consequences after the law and order after the fight?

If any of your answer is YES, then this page is not for you.

But, if it’s a NO for one or all, then read one.

It is a marketing myth that any women can learn how to defense on a one hour or few hours of self defense course. It will make you feel good, but after a short while you will forget most of what you have learnt in that demo session.

To learn Personal Self-defence, training on a on-going basis is required, This developes a mind set and natural reflexes that enable you to defend yourself using simple effective and brutal hand, foot and armed self protection techniques. How many of women are ready to give few hours of their week to Self Defense especially when they have to balance home and work.

[PowertoWomen.in] [Post] So for short time training, where the focus is avoiding threatening scenarios and situations, we bring you Power to Women Safety Awareness Workshop’

What is Safety Awareness?

It is your first line of defence. Most people think of kicks to the groin and punches when they hear the term “self-defence.” However, true self-defence begins long before any actual physical contact or fighting involved. The first, and probably most important, component in self-defense is safety awareness: awareness of yourself, your surroundings, and your potential attacker’s likely strategies.

Crime Prevention Information Sessions

Remember, statistics are not designed to scare you, but prepare you for possibilities. Through our Crime Prevention Information sessions, we prepare you through role-playing sessions the possibilities of how, where and when the crime can possibly happen and how you can prevent and avoid it.

Safety Awareness and Psychological Empowerment Sessions

These include conflict resolution verbal techniques, role play awareness exercises, what to do with bullies or sexual harassment etc.

For Workshop and seminars in School, College and Corporates, please contact Mr. Franklin Joseph at 9886769281.

Photo’s Design: Franklin Joseph

[Ad]: Enroll for Franklin Joseph’s Power to Women Empowerment Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Sexual Harassment, Sexual Abuse and Violence Workshop for Corporate, School and College

[Ad]: Enroll your children school and college forFranklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

[Ad]: For Self Protection for Daughters going to School and College, Old parents staying alone, and for Corporate Staffers Non-Lethal Self Protection Electric Shock Stun Device Now Legally sold in Bangalore, India

Power to Women Safety Empowerment Workshop: WomenWeb: Self Defense tips for Women

Violence against women is an everyday occurrence. Protecting ourselves is important, if not essential – and it is never too late to learn. India is the fourth most unsafe country for women, according to a 2011 poll by TrustLaw. When it comes to women’s safety, we rank just above Somalia. Delhi is the most unsafe city for Indian women, even during the day.

Over-protection fosters helplessness

[PowertoWomen.in] [Post] A typical Indian girl from a middle-class or affluent family is raised chaperoned and over-protected. Rarely does she learn how to protect herself or react in a situation where she is attacked.

Franklin Joseph, a Bangalore based social entrepreneur and self-defence trainer who runs Power To Women, agrees. “Even independent women may still follow only age old safety advice such as ‘do not walk alone in dark streets’ and remain unaware of the modern methodology of crimes. So they end up as victims.”

Franklin Joseph is quite vocal about how important it is for women to take ownership of their own safety.

Myths about women’s self-defence

Several myths abound about women’s self-defence. It is necessary to recognize these myths to take the next step and to empower yourself with the necessary skills for your own protection.

Myth 1: I am too weak/fragile/old/out-of-shape to learn martial arts.

You are not training to be the next Karate Kid. You are merely learning how to protect yourself, should the need arise. Martial art forms like Taijiquan can be learned even at 70. A woman who is aware of the possibility of attack and confident in her ability to fight abuse can fight back both mentally and physically. Self-defence techniques teach you how.

Myth 2: It will never happen to me because I do not step outside the house after dark.

Most sexual assault crimes happen within homes, and are perpetrated by those who are known to the victims. Walking alone in the dark is not the only dangerous thing you can do.

Myth 3: I move only among well-educated people; they are not rapists.

We have been culturally conditioned that people with a high status in society such as doctors, teachers or religious people will never attack anyone. But the truth is that assault cuts across all socio-economic classes. A person’s economic status or educational background does not guarantee non-violence.

Myth 4: I do not dress provocatively; so I do not attract unwanted attention.

Sadly, at least some women still think that the victim is to blame. Most rapes happen because an attacker happens to be in the vicinity of a person whom he thinks he can overpower easily, not because she was in a bikini.

Myth 5: Men are physically stronger, it is impossible to subdue them.

Self-defence is primarily about being aware of warning signs, recognizing dangerous situations so you can avoid them and understanding that you are physically as capable as any man to fight back. Stressful situations evoke a fight, flight or freeze response. Self-defence skills prepare you to fight rather than freeze.

Myth 6: I have a pepper spray in my bag, so I’m safe.

“The usefulness of pepper spray is limited. One cannot use it effectively in a closed or air-conditioned room where there is a high chance that you may get affected too,” adds Franklin, who is also not a fan of pepper sprays. He suggests that stun guns, which give a mild electric shock to the attacker, may be a better option.

Self-defence 101

Here are a few self-defence tips from the pros:

– Pretend to be submissive and fight back when the attacker is off-guard, while faking an epileptic fit, asthmatic attack, nervous breakdown or a heart attack.

– Stay fit enough to run fast.

– Always walk on the right side of the road to avoid groping or chain snatching from behind.

– Always walk paying full attention to your surroundings, keeping your purse to your front.

– Avoid wearing high heeled shoes when you have to walk back to your home. Avoid too much jewellery while using public transportation.

– It is not rude to say STOP. Say it in a loud voice, but avoid using swear words or threats which may further enrage the attacker.

– You may trust and love a man, but your intuition is most likely to be right, so listen to your inner voice.

– If you have to fight a man, assume the role of a woman possessed. Keep kicking him repeatedly, attacking only the knees, groin or eyes or chin.

Remember that there is no substitute for self-defence training. You may not learn everything about taking care of yourself just by reading a few tips or attending a few weekend classes, but they will help you rethink what you have been taught so far.

Source: http://WomensWeb.in

Excerpt from Mr. Franklin Joseph

Franklin Joseph is a Social Entrepreneur and Speaker on Power to Women Empowerment Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Violence, Sexual Abuse and Sexual Harassment for Girl child in school, young girls in college and corporate women:

Women Self Defense, when people listen to these words somehow only martial arts comes into the mind. But how many women can do martial arts? What if she is fat, thin, not athletic or fit, too small or too big in height etc. and what if the attacker is bigger and stronger than her or what if he is threatening with a weapon etc. Usually, women self defense session are nothing more than teaching some martial arts tricks to them, after which they would get the feeling of being safe. None of the self defense session, actually talk about the surprise and shock factor of a real crime. Hopefully ‘Power to Women’ Safety Awareness & Empowerment Workshops would bridge the gap between getting the women actually ready for defense against any threat with physiological empowerment of being prepared and educated, rather than be shocked & taken advantage of. — Franklin Joseph

Photo’s Design: Franklin Joseph

[Ad]: Enroll for Franklin Joseph’s Power to Women Empowerment Workshop on Safety Awareness and Psychological Empowerment / Preparation against Crime, Sexual Harassment, Sexual Abuse and Violence Workshop for Corporate, School and College

[Ad]: Enroll your children school and college forFranklin Joseph’s Power to Kids Workshop for School and College Safety Awareness and Psychological Empowerment against Crime, Abuse and Violence

[Ad]: For Self Protection for Daughters going to School and College, Old parents staying alone, and for Corporate Staffers Non-Lethal Self Protection Electric Shock Stun Device Now Legally sold in Bangalore, India

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