Definitions of Sexual Harassment and Gender Sensitisation

Sexual Harassment

(a) Sexual Harassment in the given context, is described in The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 in Paragraph 2(n) as: “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

(i) physical contacts and advances; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;”

(b) Within JGU the definition of the above applies equally to men and women and also includes harassment by a member of one sex to a member of the same sex.

(c) The key expression in the above definition is unwelcome which indicates the unwanted and non-consensual nature of the behaviour in question.

(d) The explanation of Sexual Harassment shall include but will not be confined to the following:

(e) Section 3(2): “The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment

(i) Implied or explicit promise of preferential treatment in employment; or

(ii) Implied or explicit threat of detrimental treatment in employment; or

(iii) Implied or explicit threat about present or future employment status; or

(iv) Interference with work or creating an intimidating or offensive or hostile work environment; or

(v) Humiliating treatment likely to affect health or safety.”

And further to also include:

(vi) Making unwelcome sexual advances, or requesting sexual favours, or verbal or physical conduct of a sexual nature explicitly or implicitly made as a term or condition for instruction, employment, participation or evaluation of a person’s engagement in any activity related to JGU.

(vii) Unwelcome sexual advances or verbal, or non-verbal or physical conduct such as loaded comments, remarks, jokes, letters, phone calls, or e-mails, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, and sounds or display of a derogatory nature which have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive campus environment.

(viii) Committing any form of sexual assault by a person using the body or any part of it or any object as an extension of the body in relation to another person without the latter’s consent or against the person’s will.

(f) The overwhelmingly dominant form of sexual harassment is that perpetrated by men against women. However, sexual harassment could also be perpetrated by women against men or occur between persons of the same sex.

Gender Sensitisation

(a) Gender Sensitisation involves creating awareness about gender issues and working towards and creating an enabling environment of gender justice where men and women can work together with a sense of personal security and dignity.