Sexual harassment is a serious problem for women workers. There
is extensive anecdotal evidence indicating its pervasiveness, but it remains
hidden by the veil of silence surrounding the issue.
In India, reports
suggest that women who report sexual harassment are doubly victimised: first
when they are harassed and subsequently through the protracted and traumatic
process of redress. The victim is blamed and stigmatised and her prospects of
continuing work are affected (1, 2). Women remain silent from fear of having the
event trivialised (3, 4) or losing employment (5). In most cases reported, the
harasser is the employer or in the top rung of the management hierarchy (6,
4). Moreover, mechanisms of redress are slow. Rupan Deol Bajaj, an IAS
officer, waited almost 10 years for a Supreme Court verdict (1).
Sexual harassment in medical settings
Sexual harassment
is a human rights violation. It is also a serious cause for concern in health
care institutions that train students, employ women in various capacities and
also cater to health needs of men and women. It affects the attitudes,
behaviours, and learning capabilities of medical students. It results in a
hostile atmosphere at work, interferes with work performance (7) and can affect
patient care.
Available studies on harassment of medical professionals have
focused on developed country experiences (8, 9, 10). These indicate that a
significant proportion experience bullying in some form (8). Minority groups,
women and people lower down in the workplace hierarchy are more likely to be
victims (8).
In an anonymous survey of residents and interns, three
quarters of women respondents reported at least one episode of harassment. Women
in academic medicine indicate that such experiences continue in their
professional lives. Few reported sexual harassment to authorities,
believing that it would be detrimental to their careers (7). Clearly, women
medical professionals remain at risk of sexual harassment despite the power they
acquire through medical training. They are also vulnerable to sexual harassment
from patients; more than three fourths of the women responding to an
anonymous survey reported some form of sexual harassment by a patient
(11).
In this country, media reports focussed public attention on the subject
and led to advocacy initiatives. As a result, in 1997, the Supreme Court's
judgement in the Vishaka Vs State of Rajasthan laid down a clear definition of
sexual harassment:
"Sexual harassment includes such unwelcome sexually
determined behaviour (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 of sexual 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 woman 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." (12)
The Supreme Court's judgement requires
institutions to take action against harassment.
We could not identify Indian
studies looking at sexual harassment in medical institutions. However, there
have been many press reports on sexual harassment in hospitals. To illustrate: a
nurse at a leading Mumbai hospital was raped by hospital staff (13); a professor
was accused of harassing women faculty (14) and patients have been sexually
assaulted (15, 16).
There has been a steady increase in the number of
women reporting sexual harassment, from 4,756 in 1995 to 11,024 in
2000 (5).
A survey by the National Women's Commission reports that 46.58% of women report
sexual harassment in the work place; only about 3.54% report the matter to
authorities; 1.4% reported it to the police (5). In 2001, a five-state
survey of workplace sexual harassment undertaken by Sakshi, a NGO in New Delhi,
reported that 80% of the respondents said sexual harassment existed in their
work place (17). Only 23% had heard of the Vishaka Guidelines; 66% of
these said that the institutions had not effectively implemented these
guidelines. When they had been implemented, redress seemed to be biased.
Women must complain in an "extremely hostile environment, with risk of
backlash, humiliation, injury - mental and physical -- and complete loss of
confidentiality"(4). Trade unions were not involved in the original Supreme
Court judgement (6) and have not been particularly sympathetic to complaints. At
times they have even agitated against the complaining woman worker (2, 4).
In
this context, we attempted to explore the issue of sexual harassment in the
medical workplace setting.
Ethical and methodological issues
Any study on sexual
harassment must ensure confidentiality for respondents. Further, direct
interviews in the workplace (after obtaining informed consent) may not yield
reliable information, as all parties are identifiable. This is a problem even if
they are guaranteed confidentiality.
Before this survey was conducted, some
of us had attempted to undertake a survey on the felt need for training on
ethics and gender in health service delivery among the staff in a medical
institution. The survey included questions on sexual harassment, as informal
anecdotal information indicated that it did exist. However, none of the few
completed schedules that were returned from face-to-face interviews included
responses to the questions on sexual harassment.
An alternative is to conduct
the survey in a number of institutions. But anonymous surveys have lower
response rates (18). Further, while they allow participants anonymity,
institution-based surveys can compromise institutions' anonymity. Finally,
medical institutions are unlikely to permit surveys of sexual harassment, as any
identification of sexual harassment in the institution would affect their
credibility and also affect patient inflow.
Mail-in questionnaires would not
identify either the individuals or the institution concerned, and people would
also be able to respond freely. However, this method permits multiple counting
of the same event reported by different people, and bogus reporting.
Further, the mean response rate to mail-in surveys published in medical journals
is just 60 per cent (18). One might also receive responses referring to
non-medical institutions; of course such responses would be valuable as they
relate to sexual harassment in the workplace.
It can be presumed that women
occupying low rungs of the occupational hierarchy are most vulnerable to sexual
harassment. The survey should reach these vulnerable groups. However, such women
would also have the most to lose by identification and would therefore be most
reluctant to respond to surveys.
Web-based surveys for medical personnel may
be an alternative to traditional surveys, though the response rate can be lower
than that of mail-in surveys (19). Internet users are presumably higher up
in the socio-economic hierarchy. If we found events of sexual harassment
reported among this group, it would be reasonable to believe it was more common
among women in lower-paid jobs within such institutions.
Method adopted
A survey was developed containing key
open-ended questions on incidents of workplace-related sexual harassment,
institutional mechanisms and their efficacy. This was posted on the Indian
Journal of Medical Ethics website and also printed in the April 2004 issue
of the journal. Respondents could send the completed questionnaire to the
journal through the website or by mail to the journal's executive editor. (It
was decided that attaching a self-addressed, stamped envelop to the mail-in
questionnaire was an undue inducement.) Only the executive editor and the web
editor had direct access to the responses. These were anonymised and forwarded
to us for analysis.
The study was reviewed by the Institutional Ethics
Committee of the Sree Chitra Tirunal Institute for Medical Sciences and
Technology (SCTIMST) and cleared with the caveat that it should be reported in a
peer-reviewed journal with a strong ethical orientation. After the survey was
put up on the website of the Indian Journal of Medical Ethics in April 2004, the
journal's executive editor received calls that the wording of the questionnaire
prevented the reporting of sexual harassment over one year old. We therefore
reworded the relevant question to read: 'Do you have any knowledge of any event
of sexual harassment in your work setting that ever happened to you or to one of
your acquaintances?' The changed question was resubmitted to the IEC and put up
on the website. Responses from April to November 2004 were considered for
analysis.
Responses
There were 23 web-based responses to the
study and one mailed-in response (excluding test responses). Three were
from non-medical settings but were included for consideration.
There were 11
responses reporting harassment of men, in all cases by a male abuser. All had
been reported to the appropriate committees in the institutions and action
taken. However, we had doubts about the authenticity of these responses as
existing rules do not include inquiring into sexual harassment of men. Our
doubts were confirmed when scrutinising the completed questionnaires. The
similarity of responses and the pattern in these 11 cases (compared to the 13
others) strongly suggested that they were frivolous. For this reason, we
confined our analysis to the remaining 13 responses.
In 11 of these 13
responses, women were reported to be the victims of harassment. In two cases the
respondents did not mention the sex of the harassed person. The persons involved
in nine of the 11 reported cases were men in supervisory or senior positions. In
two cases they were co-trainees or transport personnel in the same organisation
(occupying lower levels in the hierarchy).
We treated each of the 13
schedules (including those referring to non-medical situations) as case reports
and analysed them for clues about the nature of sexual harassment and the
potential for redress for the victims. Four narratives were particularly
illustrative of the situations faced by women.
Who is harassed
The victims were mostly young and/or
relatively powerless women, such as rural women seeking care in urban health
facilities, post-graduate students, field staff and contract employees.
A
faculty member of a medical teaching institution demanded oral sex of a girl who
had come to the hospital from a near-by village. Her father tried to protest to
the hospital authorities but the case was quashed. (Reported by a male
non-medical professional)
However, women in higher positions can also be
vulnerable, though they may not initially acknowledge that they have been
victims.
A senior woman government servant on election duty reported that
the financial observer made physical advances, demanded sexual favours and made
sexually coloured remarks. She reported this in a TV interview to break the
denial syndrome and highlight the fact that women in higher positions are also
subject to sexual harassment. (Reported by a senior woman government
officer)
Types of harassment
The most frequent type
of harassment seems to be physical contact and advances (eight responses) and
sexually coloured remarks (eight), other unwelcome physical, verbal or
non-verbal conduct of a sexual nature (five), and demands for sexual favours
(four). There are also reports of voyeuristic behaviour and one report of a
display of pornography.
Redress mechanisms
Of the 13 persons whose cases were
reported, four did not have institutional mechanisms of redress, or they did not
know of them. Of the nine women who reported the experience of sexual
harassment, eight reported the matter to the authorities and resolved the
problems by either removing the abusing person or by restraining
inappropriate behaviours.
Abuse is likely to remain unreported when the
victim is relatively powerless or not from within the system. Thus, female users
of health facilities, who are already vulnerable because of the illness for
which they seek care, could be further victimised by abusive staff. Women from
the system who complained did so only after a prolonged period of self doubt.
Complaints registered collectively rather than by an individual seemed to have a
better chance for redress.
The teacher used to try and make physical contact
and advances during the duty. He would also make sexually coloured remarks to
post-graduate students. The students refrained from complaining as they believed
no action would be taken and they would be blamed unnecessarily. However, later
they collected enough courage to complain to the authorities. The teacher was
asked to resign.
(Reported by a male medical officer)
Redress also seems
to be swift if the abuser is relatively powerless. In one report a visiting
trainee indulging in voyeurism was asked to leave the programme and a
strongly-worded note sent to his parent institution.
It is also possible
that women who have been abused once continue to be victimised. Women who
complain of abuse related to career advancement are less likely to be viewed
sympathetically.
The senior academic kept promising to get the junior staff
member a permanent job. All the while he continued to make verbal and physical
advances. One day he took her out on his two-wheeler, supposedly to get her
employment status regularised. Instead, he drove out to a lonely place. When he
started making vulgar comments she jumped from the moving two-wheeler and was
injured. She complained, an enquiry was conducted and the man was found
guilty. However, authorities decided to retain him as he was a permanent
employee with a powerful position in the institution. She lost her job.
(Reported by a university teacher)
What next?
There are many questions one might ask of a
web-based survey which received only 24 responses, of which 11 were judged to be
frivolous. It might be that a web-based survey is not appropriate for this
topic, particularly in India where even educators and researchers have limited
use of the internet. Potential respondents may not trust that a web-based survey
will protect their anonymity. It is possible that information about the survey
was not conveyed to the target population. There were also no mechanisms for
follow-up to improve the number of responses.
It may also be argued that the
methodology permitted fraudulent and multiple responses. Also, the survey
results say nothing that is not already known. However, it is worth noting these
responses have emerged from a relatively systematic effort to record people's
experiences. There is a need to explore alternative methods to study sexual
harassment in the work place, particularly if one wishes to quantify its
occurrence or develop a quantified understanding of its determinants.
The
picture that emerged from the responses supported our perception of the
situation. This perception was based on anecdotes collected through informal
interactions. The responses suggest that sexual harassment is, indeed, a reality
in medical workplaces, and that both employees and patients are vulnerable. This
has to be taken cognisance of when discussing workplace sexual
harassment.
Acknowledgements
This study was funded by the
MacArthur Foundation, India, through their grant # 02-70546-000 to the Sree
Chitra Tirunal Institute for Medical Sciences and Technology (SCTIMST). We thank
the Indian Journal of Medical Ethics for permitting the questionnaire to be
published in its April 2004 issue and for its continued display on the journal
website. We are grateful to the respondents who shared painful experiences,
either their own or those of acquaintances and friends. Dr Manju Nair read an
earlier draft of this paper and provided valuable comments that have been
incorporated. Ms Jiji, JG, documentation assistant, AMCHSS, SCTIMST, helped us
with the bibliographical searches for this paper. The usual disclaimers
apply.
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MALA RAMANATHAN*, P SANKARA SARMA*, R SUKANYA** AND
SARITHA P VISWAN*
*Achutha Menon Centre for Health Science Studies, SCTIMST,
Trivandrum 695011, INDIA. **Independent researcher and recipient of the
MacArthur Fellowship for Leadership Development, Chennai, INDIA. Address for
correspondence: Mala Ramanathan, AMCHSS, SCTIMST, Medical College PO, Trivandrum
695011 INDIA.
e-mail:malaramanathan@yahoo.co.uk