Confucius in Modern China Essay -- philosophical ideologies

Every culture is composed of many philosophical ideologies that comprise the ever-changing nature of said nation. Many cultures do not have a monolithic, nor static nature; ideas such as Maoism, Daoism, Christianity, etc., challenge the preexisting notions that are part of a culture. Even though the Chinese government has established a strong strand against Confucianism, it is still a part of the Chinese culture in socio-political, economic, familial, and individual levels. Confucianism is still prevalent though business, education, the Confucian revival, the previous ties China had with Confucianism, and a return to old traditions as a default. Through the economic-business aspect point of view, Confucianism still holds sway over many of the actions and feelings in Chinese business, and some even say that, â€Å"it is impossible to do business in China and not feel the effects of Confucian philosophy† (Jacobs 29). For example, the sense of a social hierarchy is painfully obvious when foreign entrepreneurs do business with Chinese companies. In a business venture, â€Å"a British marketer who invited several Chinese guests to a trade promotion reception†¦ According to Chinese tradition, the glass of wine should have been presented to the highest trade official first† (Jacobs 29). This sense of hierarchy is also integrated into several manifestations of Chinese business management, particularly in an individual level that builds up to the corporation as a whole; due to the fact that the majority of people are expected to behave according to rank, they are disinclined to present ideas that may lead to the de velopment of the business. Jacobs also says that this explains â€Å"much of the inertia in Chinese businesses, particularly in state-owned en... ...ts influence is still strong. For example, â€Å"the Chinese state is allocating a $10 billion fund to sponsor a worldwide network of schools to promote Chinese culture and language† in the Chinese Bridge Program, which is viewed as he first step to a wider global acceptance of Confucian philosophy (Zhu). Speaking in a historical sense, in times of major social change, such as when the Communist party came into political power, Confucianism was derided and dismissed. Although political agendas and events try to mask the traditional ideologies of the Chinese people, recent political changes have said to create a new structure (Jacobs 30). Just as any other philosophy that has been imbued with a culture, Confucianism is not easy thing to dissolve; the basic principals form the basis of much of China†²s culture on a business, familial, socio-political, and individual levels.

Best Snacks Problem Solution

Running head: PROBLEM SOLUTION: BEST SNACKS INC. Problem Solution: Best Snacks Inc. Taleish M. Daniels University of Phoenix Problem Solution: Best Snacks Inc. â€Å"Best Snacks, Inc. , a 150-year-old company which has been held publicly for more than 100 years, has traditionally held the number one or two positions in the snack market, providing an excellent and stable investment for stockholders. But in the past several years, Best Snacks sales have been slipping, market share has decreased and, particularly in the past two years, stock prices have taken a dive. This year, the company will finish a very weak second, and with several smaller competitors emerging as major players in the snack industry, Best Snacks is in danger of losing its long-held premier standing in the snack market,† (University of Phoenix, 2010,  ¶ 2). In addition to these issues, the employees at Best Snacks are unsettled and feeling as if management does not value their opinions and has not done a good job of promoting innovation. In order to succeed, Best Snacks must tackle the challenges of its failing product line as well as find a way to bring the internal climate with employees back to a state of resolution. Describe the Situation Issue and Opportunity Identification Best Snacks is facing a number of issues. Declining sales, complacency, and a lack of motivation within the employees due to the absence of manager support have all contributed to the current state. By taking a close look at its competitors and studying other successful organizations the leadership at Best Snacks can retain some of its previous success. Capitalizing on the new changes in leadership, Best Snacks has the opportunity to restructure their organization in a way that will foster an environment of creativity and innovation. As stated, both sales and market share at Best Snacks has seen a decline. The opportunity presented is for the leadership at Best Snacks to evaluate the organization’s current process to determine how they can keep up with the competition. A radical innovation is a significant change that simultaneously affects both the business model and the technology of a company. Radical innovations usually bring fundamental changes to the competitive environment in an industry, (Davila, Epstien, & Shelton, 2006, p. 51). Contributing to the declining sales is the fact that there have been no product or service innovations in the past five years; instead, previously successful marketing methods have been improved or extended. Successful organizations tend to become complacent and conservative in order to preserve their core competencies—those things that lead to their success. This is logical and largely advantageous in the short-term. Paradoxically, the things that led to their success could be the very things in the long-term that pull them into failure, (Davila, Epstien, & Shelton, 2006, p. 239). By designing new marketing methods that are completely different from anything that has been done before, Best snacks can return to their customer base with a fresh approach that will draw people to their products. A learning organization is an organization that purposefully designs and constructs its structure, culture, and strategy so as to enhance and maximize the potential for organizational learning (explorative and exploitative) to take place, (Jones, 2004, p. 377). Currently many employees at Best Snacks do not understand the importance of innovation and have forgotten how to develop and implement creative ideas. Most of this stems from the fact that managers do not support creativity and innovation, another issues facing Best Snacks. Employees believe that they are not supported in their ideas and independent thinking. One of the key roles of the CEO is to make innovation part of the culture of the company. The CEO needs to make certain that collaboration occurs and becomes part of the culture. Steve Jobs works this critical cultural angle at Apple by being the clear leader of innovation and pushing hard to ensure that there is effective collaboration between the technology and business folks, (Davila, Epstien, & Shelton, 2006, p. 58 & 259). The leadership at Best Snacks should use this opportunity to support and encourage organization learning, developing culture that is ripe for innovation through leading by example and pushing for employees to come up with new ideas. Stakeholder Perspectives/Ethical Dilemmas Though Best Snacks is facing a number of issues, three main stakeholder perspecti ves and ethical dilemmas have been identified. The first is between Best Snacks and the competition. Both Best Snacks and its competing businesses have a vested interest in their individual corporations. Each would like to be the number one holder of sales and market share in their industry. In their quest to be number one, it is the responsibility of each organization to utilize fair business practices, and conduct themselves with honesty and integrity. Another stakeholder perspective is the leadership of Best Snacks versus their employees. The employees at Best Snacks feel that leadership does not value their opinions and has not created an environment open for innovation and creativity. Though management sees the need for employees to develop a creative mindset, they are unsure about the best ways to utilize those skills. Both management and the employees need to be honest about what they’re needs and expectations are. Opening the door to communication will allow them to work together as a unit. Management has the responsibility to treat employees with fairness and respect, understanding that although their titles may be lower in rank, their opinions and desire to grow the organization is what will ultimately lead Best Snacks into their next phase of success. The last ethical dilemma that was identified is Best Snacks versus itself. As a corporation, Best Snacks is rightfully concerned that they are seeing a significant decrease in sales. In their quest to retain success, Best Snacks must be careful to not violate any copyright infringement laws while studying their competition and creating their own new products. Frame the â€Å"Right† Problem Best Snacks will become a leader in the snack industry once again by promoting creative and innovative learning within the organization that will inspire a new product lines and allow them to compete with the competition. Describe the â€Å"End-State† Vision Best Snacks held on to its top position in the snack industry by promoting innovation within their organization. Though the industries may vary, the characteristics of innovative organizations are often similar. Studies have shown that innovative workplaces share six cultural characteristics: context rich, customer close, confidence building, curious, challenging, and collaborative, (Daniels, 2010). Innovative organizations have leaders that cultivate creativity by allowing employees to be themselves and encouraging the development of new ideas. Brainstorming and team building activities play a large part in how these companies create, (Daniels, Watts-Holley, Mobley, & Rauschenbach, 2010). Capitalizing on these traits, Best Snacks was able to energize their employees and push for organizational learning, and team building that enabled them to create new product lines, modernize the previous products therefore maintaining their previous customer bases as well as capturing a new audience. Identify the Alternatives and Benchmarking Validatio Based on the opportunities given, three main alternatives have been identified. First, instead of promoting organizational learning, management can select a few employees for individual learning. Managers would select employees to serve on special teams. There’s team members would then go through a series of individual and group learning to implement programs within the organization. Another alternative is for previous marketing methods to be revisited in an effort to appeal to the standard customer base. Leadership at Best Snacks can attempt to capture their previous success by reconnecting with their audience through an analysis of what has worked in the past. The third alternative identified is to make no radical changes, choosing to stick with incremental or semi-radical innovation. By utilizing incremental innovation, Best Snacks can wring out as much value as possible from existing products or services without making significant changes or major investments. Semi-Radical Innovation on the other hand involves substantial change to either the business model or technology of an organization—but not to both, (Davila, Epstien, & Shelton, 2006). Evaluate the Alternatives In Table three there were two goals that were ranked at a number five. The first goal, design new marketing methods that are completely different from those of the past was chosen to stimulate creativity within the organization. Best Snacks has already spent and ample amount of time redeveloping ideas of the past and needs a fresh approach to capturing their audience. The second goal that was ranked at a number five is for the management to promote organizational wide learning. One of the reasons Best Snacks is in the position they’re in is because at some point the organization stopped learning. Management began to discourage the innovation and creativity that once the key to the company’s success. As a result, the entire team at Best Snacks; employees as well as management need to go back to square one in learning the organization, its customers and products. Narrowed List of Alternatives The best alternative chosen are to revisit the previous marketing methods to capture some of the past product success, and to implement semi-radical change. Although it is clear based on the goals that it would be best for Best Snacks to make a complete 360 degree turn around with their business structure and approach to marketing, the cost of doing so could defeat take a toll on the company’s finances due to its declining sales. As a result, it may be better for the organization to take things slow implementing only a semi-radical change program and revamping some of the previous marketing methods. Due to the fact that the organization was highly successful not too long ago, it may be worth taking a look at some of the processes that were in place during that time, examining whether or not success can be generated by reinventing the wheel as opposed to starting over completely. Identify and Assess Risks The remaining alternatives; select a few employees for individual learning and implement incremental change have been identified as having too many risks to utilize in the future plans of Best Snacks. In selecting just a few employees, the leadership does not tackle the real issue of ensuring that innovation is stimulated on an organizational wide scale. It seems that an incremental change approach is what put Best Snacks in the position that they are in now. In only considering the bottom line while ignoring the significant changes that needed to be made in the product lines and processes has cost the organization in sales. With both alternative, Best Snacks runs the likely chance that no changes will be made, leaving the organization to continue its decline. Make the Decision Best Snacks will utilize radical innovation to develop customized, strategic marketing plans for their current product lines and formulate teams within the organization to design new products. Management and employees will work together to energize not only each other but the customer with anticipation of what’s to come. Creative advertising campaigns, team building exercises, and consistent attention to employee needs by management will position Best Snacks in the upper echelon of the snack industry. Founded in 1998, Google has obtained success by being one of the most innovative internet search engines in the world. The company name, Google is in fact a play on the word â€Å"googol,† the mathematical term for a 1 followed by 100 zeros. The name reflects the immense volume of information that exists, and the scope of Google's mission: to organize the world's information and make it universally accessible and useful, (Google, 2010). With over 150 domains in different names and languages, advertising applications, and a phone, and its own internet browser, Google Chrome, the leadership and employees at Google are constantly coming up with new ideas on how to make their existing products better and challenging themselves to create new products that will speak to their consumer needs. Google’s philosophy is embedded with a number of approaches to the principles of their organization and how they will conduct business. Specifically when it comes to design the company believes: 1. Focus on people – their lives, their work, and their dreams. . Every millisecond counts. 3. Simplicity is powerful. 4. Engage beginners and attract experts. 5. Dare to innovate. 6. Design for the world. 7. Plan for today's and tomorrow's business. 8. Delight the eye without distracting the mind. 9. Be worthy of people's trust. 10. Add a human touch, (Daniels, Watts-Holley, Mobley, & Rauschenbach, 2010). In capitalizing on the success of organizations such as Google and the competing snack corporations, as well as returning their focus back to the people, Best Snack will move into the future retaining their top slot as an industry leader. Develop and Implement the Solution In order to develop and implement the solution, Best Snacks must be strategic in their next steps. To take place immediately, Elizabeth Fairchild must devise a conflict management plan for employees and managers to have better communication. In order for innovation to thrive employees must first iron out the issues they have amongst each other as well as management. Getting the problems out on the table will be the first step to opening the door to communication needed for innovation and creativity. Within the next ninety days, Sabrina McKay will develop a plan for team brainstorming. Working with Elizabeth Fairchild, a plan for organizational learning will be put into place to stimulate the employees and get them thinking about what’s next for the organization. Within six months, new product lines should be developed. These lines will be a culmination of the ideas of each person from the management team as well as the employees. Evaluate the Results External success for Best Snacks will be measure by evaluation of the next quarter sales and earnings. Because the ultimate goal of the organization is to increase sales and market share in an effort to remain competitive in the industry, short term review goals are deemed best for a clear understanding of whether newly implemented marketing ideas and approaches are working. There are certain marketing elements every (startup) entrepreneur should track to grow and become more profitable. The key indicators are leads generated, leads converted, average dollar per transaction and average number of transactions per customer. Though the notion of tracking may feel like overkill, focus and improvement spring from the habit of constant measurement. In creating a baseline, it will be much easier to focus the strategies and actions on the right areas of the business, (Jantsch,  2009). Internal measurements for determining success will be to administer another company-wide survey and small focus groups. Leadership must remain in constant communication with the Best Snack employees to ensure that most, if not all needs are being met and that satisfactions with encouraging innovation and creativity amongst employees is felt. Conclusion Best Snacks has the potential to maintain its position in the snack industry. Though the situation looks bleak, it is not as bad as it seems. The main issue for Best Snacks is that they’ve never been in this space before. As long as management uses this opportunity to grow and learn the ills of complacency the organization should be able to avoid being placed in this position again. References Daniels, T. , Watts-Holley, J. , Mobley, A. , Rauschenbach, L.. (2010). Best Snacks Benchmarking Worksheet. Retrieved from MMPBL550 – Creativity, Innovation, and Organizational Design website. Davila, T. , Estien, T. J. , & Shelton, R. (2006). Making Innovation Work: How To Manage It, Measure It, and Profit From It. Upper Saddle River, NJ: Wharton School Publishing. Jantsch, J. (2009). 4 Metrics For Measuring Success: 4 key metrics can help you determine if your brand-building is working. Retrieved from http://www. entrepreneur. com/magazine/entrepreneur/2009/february/199732. html Jones , G. (2004). Organizational Theory, Design, and Change (4th ed. ). Upper Saddle River, NJ: Prentice-Hall, Inc. University of Phoenix. (2010). Best Snacks Scenario. Retrieved from University of Phoenix, MMPBL550 – CREATIVITY, INNOVATION, AND ORGANIZATIONAL DESIGN website. Table 1 Issues and Opportunities Identification | | | |Issues |Opportunities |Reference to Specific | | | |Course Concept | |Best Snacks sales have been slipping, market|Evaluate the organization’s current |A radical innovation is a significant change that | |share has decreased |process to determine how they can keep up |simultaneously affects both the business model and the | | |with the competition. |technology of a company. Rad ical innovations usually | | | |bring fundamental changes to the competitive | | | |environment in an industry, (Davila, Epstien, & | | | |Shelton, 2006, p. 51). |There have been no product or service |Design new marketing methods that are |Successful organizations tend to become complacent and | |innovations in the past five years; instead,|completely different from anything that |conservative in order to preserve their core | |previously successful marketing methods have|has been done before. |competencies—those things that lead to their success. | |been improved or extended | |This is logical and largely advantageous in the | | | |short-term. Paradoxically, the things that led to their| | | |success could be the very things in the long-term that | | | |pull them into failure, (Davila, Epstien, & Shelton, | | | |2006, p. 239). | |Not many people seem to understand the |Management can promote learning within the|A learning organization is an organization that | |importance of innovation. Worse, they seem |organization. |purposefully designs and constructs its structure, | |to have forgotten how to develop and | |culture, and strategy so as to enhance and maximize the| |implement creative ideas. |potential for organizational learning (explorative and | | | |exploitative) to take place, (Jones, 2004, p. 377). | |Employees feel that creativity/innovation is|Management can develop a culture that is |One of the key roles of the CEO is to make innovation | |not encouraged and that their ideas are not |ripe for innovation through leading by |part of the culture of the company. The CEO needs to | |supported by management. |example and pushing for employees to come |make certain that collaboration occurs and becomes part| | |up with new ideas. |of the culture. Steve Jobs works this critical cultural| | | |angle at Apple by being the clear leader of innovation | | | |and pushing hard to ensure that there is effective | | | |collaboration between the technology and business | | | |folks, (Davila, Epstien, & Shelton, 2006, p. 258 & | | | |259). | Table 2 Stakeholder Perspectives and Ethical Dilemmas | |Stakeholder Perspectives and Ethical Dilemmas | | | | | |Stakeholder Groups with Competing | | | |Values |The Interests, Rights, and |The Ethical Dilemma Based on the Competing | | |Values of Each Group |Values | |List: Group X | | | |versus Group Y | | | |Best Snacks vs. the competition |Both Best Snacks and the competition have a vested |It is the responsibility of each organization | | |interest in their individual corporations. Each would |in their quest to be number one to do utilize | | |like to be the number one holder of sales and market |fair business practices, and conduct themselves| | |share in their industry. |with honesty and i ntegrity. | |Best Snacks Leadership vs. he |The employees at Best Snacks feel that leadership does |Both management and the employees need to be | |employees |not value their opinions and has not created an |honest about what they’re needs and | | |environment for open innovation and integrity. Though |expectations are. Opening the door to | | |management sees the need for employees to develop a |communication will allow them to work together | | |creative mindset, they are unsure about the best ways |as a unit. Management has the responsibility to| | |to utilize those skills. treat employees with fairness and respect, | | | |understanding that although their titles may be| | | |lower in rank, their opinions and desire to | | | |grow the organization is what will ultimately | | | |lead Best Snacks into their next phase of | | | |success. | |Best Snacks vs. tself |As a corporation, Best Snacks is rightfully concerned |In their quest to retain success, Best Snacks | | |that the y are seeing a significant decrease in sales. |must be careful to not violate any copyright | | | |infringement laws while studying their | | | |competition and creating their own new | | | |products. | Table 3 Analysis of Alternative Solutions [pic] Table 4 Risk Assessment and Mitigation Risk Assessment and Mitigation | |Alternative |Risks and Probability |Consequence and Severity |Mitigation Techniques and Strategies | |Select a few employees for |By selecting only a few employees |The organization may find itself | Instead of managers randomly selecting| |individual learning |for individual learning, Best Snacks|in the same position as right now,|employees, they could ask for | | |leadership will have only barely |it is clear that not enough |volunteers, or use a mixture of | | |touched the issue of many not |employees understand the process |experience and tenure to make the | | |understanding creativity and |of innovation to a point where |selection | | |innovation. |they can move the company forward. | | | |Also, in selecting only a few | | | | |employees issues of favoritism and| | | | |feeling left out could occur | | | | |amongst workers. | | |Implement Incremental change |Though incremental innovation would |Utilizing incremental change could|Instead of incremental innovation, Best| | |save the company money it would not |put Best Snacks back in the same |Snacks should utilize another approach | | |address the most important issue of |position. that would allow them to tackle the | | |stimulating creativity and | |core of the issues. | | |innovation within the employees. | | | | |This would cost the company in the | | | | |long run as they run the risk of | | | | |continuing the sales decline. | | | Table 5 Pros and Cons of Alternative Solutions Alternative |Pros |Cons | |Revisit previous marketing methods to capture |Methods used during the company’s most |These methods are old and no longer appeal to | |past success |successful times have a lready been tested |the target audience – the reason Best Snacks is| | | |in their current state | |Implement semi-radical change |Extreme change will be made to certain portions|Best Snacks is no longer in a position where | | |of the organization. |small changes are acceptable. They need fast, | | | |extreme change to catch up to the competition | Table 6 Optimal Solution Implementation Plan |Action Item Deliverable |Timeline |Who is Responsible | |Develop a plan for team brainstorming and innovation|90 days Sabrina McKay | |Create new product lines |6 months |Sabrina McKay, Bill Santoro, Jennifer | | | |Heartwell, Martin Hernandez, Dale Chin | |Devise conflict management plan for employees and |Immediately |Elizabeth Fairchild | |managers to have better communication | | | Table 7 Evaluation of Results |End-State Goals |Metrics |Target | |Management and employees will develop and |Employee survey |85-90% satisfaction | |maintain open communication. | | |Best Snacks increa se sale and market share. |Industry reports |70% increase | | | | | | | | | | | | |

Sexual Harassment at Workplace

Sexual Harassment At Workplace We are still carrying that legacy where women are treated as secondary to men. True, the times have changed with Industrial Revolution and then the technological advances; women have been recognized as equal to men all over. But the legacy which was carried from so many ages goes on and it takes time to change the mind sets of all Indians. The political system has to change and the entire systems ale customs like Sati etc. hich are still rampant in some parts of India and yes the dowry system which is present everywhere have to go if women have to enjoy equal respect along with men. As long as these evil practices continue and till commercialization of women through each and every useless advertisement is practiced harassment of women not only in work place but in home, in street, in college everywhere will continue and male chauvinism tries to dominate the female submissiveness everywhere.According to the Protection of Human Right Act, 1993 â€Å"huma n rights† means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women as to live with dignity is a human right guaranteed by our constitution. IndiaIn India Sexual harassment has been termed as â€Å"Eve teasing† and is described as: unwelcome sexual gesture or behavior whether directly or indirectly as sexually colored remarks; physical contact and advances; showing pornography; a demand or request for sexual favors; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomed behavior, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpe trator. As per the Indian Constitution, sexual harassment infringes the fundamental ight of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution. Although there is no specific law against sexual harassment at workplace in India but many provisions in other legislations protect against sexual harassment at workplace, such as Section 354, IPC deals with â€Å"assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with â€Å"word, gesture or act intended to insult the modesty of a woman. What amounts to sexual harassment?In 1997 in Vishaka Vs. State of Rajasthan and others, for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as 1. Sexually coloured remarks 2. Physical contact and advances 3. Showing pornography 4. A demand or request for sex ual favours 5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. It was in this landmark case that the sexual harassment was identified as a separate illegal behaviour. The critical factor in sexual harassment is the unwelcomeness of the behaviour.Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator- which is to be considered. In any kind of organization i. e. government, private or public enterprises such kind of conduct creates an apprehension in the minds of the employees that if they don’t perform the work given to them they will be one the victims of sexual harassment and thereby it creates fear in their minds. On the other hands it is also the employer who might threat the employee regarding there transfer, promotion etc. nd it has been seen in the corporates that the employer do ask for some kind of favour in order to give the job, transfer or promotion or for that matter in order t o increase their salary. All this amounts to Sexual Harassment because it is done against the will of the person and the employees who are in need of the above things do agree to the terms of the employer. In other words it can be said that, it is discriminatory 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. Laws under which a case can be filed In India there is no specific law relating to Sexual Harassment at workplace but there are certain sections in the Indian Penal Code (IPC) and Constitution and certain other laws and Acts that protect the women’s from sexual harassment at workplace and they are as follows: Section 354, IPC deals with assault or criminal force to a woman with the intent to outrage her modesty and lays down that:Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or both. In cases where the accused sexually harasses or insults the modesty of a woman by way of either- obscene acts or songs or- by means of words, gesture, or acts intended to insult the modesty of a woman, he shall be punished under Sections. 94 and 509 respectively. Under Sec. 294 the obscene act or song must cause annoyance. Though annoyance is an important ingredient of this offence, it being associated with the mental condition, has often to be inferred from proved facts. However, another important ingredient of this offence is that the obscene acts or songs must be committed or sung in or near any public place. Section 509, IPC deals with word, gesture or act intended to i nsult the modesty of a woman and lays down that:Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognizable and bailable offences). Civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing â€Å"indecent representation of women†; they are liable for a minimum sentence of 2 years. Section 7 (Offenses by Companies) holds companies where there has been â€Å"indecent representation of women† (such as the display of pornography) on the premises guilty of offenses under this act, with a minimum sentence of 2 years.Early history of the use of the term â€Å"Sexual harassment† The term sexual harassment was used in 1973 in a report to the then President and Chancellor of MIT about various forms of gender issues. In the book In Our Time: Memoir of a Revolution (1999), journalist Susan Brown miller quotes the Cornell activists who in 1975 thought they had coined the term sexual harassment: â€Å"Eight of them were sitting in an office †¦ brainstorming about what they were going to write on posters for their speak-out. They were referring to it as ‘sexual intimidation,' ‘sexual coercion,' ‘sexual exploitation on the job. None of those names seemed quite right. They wanted something that embraced a whole range of subtle and un-subtle persistent behaviors. Somebody came up with â⠂¬Ëœharassment. ‘ ‘Sexual harassment! ‘ Instantly they agreed. That's what it was. † These activists, Lin Farley, Susan Meyer, and Karen Sauvigne went on to form Working Women's Institute which, along with the Alliance against Sexual Coercion, founded in 1976 by Freada Klein, Lynn Wehrli, and Elizabeth Cohn-Stuntz, were among the pioneer organizations to bring sexual harassment to public attention in the late 1970s.Harassment Situations Sexual harassments can occur in a variety of circumstances. Often, but not always, the harasser is in a position of power or authority over the victim (due to differences in age, or social, political, educational or employment relationships). The harasser and the victim can be anyone and of any gender, such as a client, a co-worker, a teacher or professor, a student, a friend, or a stranger. The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it. Adv erse effects on the target are common.The harasser does not have to be of the opposite sex. The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful. Misunderstanding can result from a situation where one thinks he/she is making themselves clear, but is not understood the way they intended. The misunderstanding can either be reasonable or unreasonable. An example of unreasonable is when a man holds a certain stereotypical view of a woman such that he did not understand the woman’s explicit message to stop.Types of harassment There is often more than one type of harassing behavior present, so a single harasser may fit more than one category. The different types of harassment could be; Stalking. Pest, Bully, Power-Player, Mother/Father figure (a. k. a the counselor helper), Groper, One-Of-The-Gang, Serial Harasser, Opportunist, Confidante, Situational Hara sser etc. Steps to be taken by the employers In Vishaka Vs. State of Rajasthan and others, the Supreme Court in absence of ny enacted law (which still remains absent- save the Supreme Court guidelines as stated hereunder) to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment, laid down the following guidelines: All Employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined, above at the work place should be notified, published and circulated in appropriate ways. b) 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 offende r. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1940. d) 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 work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. Awareness Rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.This is one of the most important factors that should be taken up seriously both by the employer and the government. The female employees should be made aware of the rights that are available to them relating to Sexual Harassment. In the metropolitan cities the female employees working in good companies an d working at high level are very well about their rights but those females who are working at the low level and in small towns hardly know about their rights which they can exercise for any kind of sexual harassment thereby getting relief from the court as well as their dignity lost due to this harassment.Effects of sexual harassment on organizations Sexual Harassment has an adverse effect on the organization as the working enthusiasm of the sexually harassed female employee goes down, she is not able to work in the same way as she was before being harassed and thus she is not able to give her 100% to the organization thereby leading to decreased job satisfaction.This is only one the factor there might be loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers; loss of students who leave school to avoid harassment. And the most important there might be decrease in the productivity level and increase in team conflicts. Decrease i n success at meeting financial goals (because of team conflict) and this may lead to loss for the organization as they fail to achieve the goal of the organization.Some other problems that the organization has to face due to the harassment; Increased health care costs and sick pay costs because of the health consequences of harassment, the knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment, if the problem is ignored, a company's or school's image can suffer, legal costs if the problem is ignored and complainants take the issue to court.Some famous case laws relating to Sexual Harassment One of the most famous case laws in the history of India relating to sexual harassment is Vishaka v State of Rajasthan and others, wherein for the first time the definition of sexual harassment was defined, certain guidelines pertaining to the employers were laid down, as to how their contribution in the organization could avoid sexual harassment of the female employees in the organization. In this particular case a writ petition was filed by ‘Vishaka’- a nonGovernmental organization working for gender equality by way of PIL seeking enforcement of fundamental rights of working women under Article. 21 of the Constitution. case: A K. Chopra’s case, is the first case in which the Supreme Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer of the Delhi based Apparel Export Promotion Council who was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article. 21 of the Constitution.In both cases the Supreme Court observed, that † In cases involving Human Rights, the Courts must be alive to the International Conve ntions and Instruments as far as possible to give effect to the principles contained therein- such as the Convention on the Eradication of All forms of Discrimination Against Women, 1979 [CE DAW] and the Beijing Declaration directing all state parties to take appropriate measures to prevent such discrimination. † The guidelines and judgments have identified sexual harassment as a question of power exerted by the perpetrator on the victim.Therefore sexual harassment in addition to being a violation of the right to safe working conditions is also a violation of the right to bodily integrity of the woman. In Rupan Deol Bajaj Vs. K PS. Gill, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S. Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.T he Supreme Court in January, 1998 fined Mr. K P S. Gill Rs. 2. 5 lacs in lieu of three months Rigorous Imprisonment under Sections. 294 and 509 of the Indian Penal Code. In N Radhabai Vs. D. Ramchandran, Radhabai, Secretary to D Ramchandran, the then social minister for state protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995 passed the judgment in her favour, with back pay and perks from the date of dismissal.These are some of the famous case laws in the history of India which have completely justified sexual harassment at a workplace and held the accused liable, be it a Chief Police Officer or a Social minister. Conclusion Sexual Harassment at workplace, it’s not only the duty of the employer to make sure that the female employees are provided with the proper working conditions, rules and regulations etc. it’s also the duty of the female employees to make sure th at where ever they are working is that a safe place, there is no kind of fear as to promotion, transfer, salary etc. if she refuses to take the offer given to her.It’s also their duty to make sure that they inform the management of the head of the organization if any kind of unwelcomed behavior is being noticed by them so that the organization can take the right step at the right time. The females working in corporate sectors the big cities like Delhi, Mumbai, and Bengaluru are very well aware about their rights or as or as to what steps should be taken if sexual harassment is done to them but then there are hardly any female employees working in small industries, villages where the rate of sexual harassment is high know about all the laws, rights and reliefs that are available for them.In the past three years there have been thirty police official who have been arrested for sexual harassment. Now if the helpers of the law are going to do this then what can we expect form the ordinary citizens. The Sexual Harassment at Workplace Bill 2010 focuses on women’s right to protection against sexual harassment at the workplace. The Passing of this bill will empower the women to action against the wrongdoer in a more powerful and stronger manner. Sexual Harassment at Workplace Sexual Harassment At Workplace We are still carrying that legacy where women are treated as secondary to men. True, the times have changed with Industrial Revolution and then the technological advances; women have been recognized as equal to men all over. But the legacy which was carried from so many ages goes on and it takes time to change the mind sets of all Indians. The political system has to change and the entire systems ale customs like Sati etc. hich are still rampant in some parts of India and yes the dowry system which is present everywhere have to go if women have to enjoy equal respect along with men. As long as these evil practices continue and till commercialization of women through each and every useless advertisement is practiced harassment of women not only in work place but in home, in street, in college everywhere will continue and male chauvinism tries to dominate the female submissiveness everywhere.According to the Protection of Human Right Act, 1993 â€Å"huma n rights† means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women as to live with dignity is a human right guaranteed by our constitution. IndiaIn India Sexual harassment has been termed as â€Å"Eve teasing† and is described as: unwelcome sexual gesture or behavior whether directly or indirectly as sexually colored remarks; physical contact and advances; showing pornography; a demand or request for sexual favors; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomed behavior, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpe trator. As per the Indian Constitution, sexual harassment infringes the fundamental ight of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution. Although there is no specific law against sexual harassment at workplace in India but many provisions in other legislations protect against sexual harassment at workplace, such as Section 354, IPC deals with â€Å"assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with â€Å"word, gesture or act intended to insult the modesty of a woman. What amounts to sexual harassment?In 1997 in Vishaka Vs. State of Rajasthan and others, for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as 1. Sexually coloured remarks 2. Physical contact and advances 3. Showing pornography 4. A demand or request for sex ual favours 5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. It was in this landmark case that the sexual harassment was identified as a separate illegal behaviour. The critical factor in sexual harassment is the unwelcomeness of the behaviour.Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator- which is to be considered. In any kind of organization i. e. government, private or public enterprises such kind of conduct creates an apprehension in the minds of the employees that if they don’t perform the work given to them they will be one the victims of sexual harassment and thereby it creates fear in their minds. On the other hands it is also the employer who might threat the employee regarding there transfer, promotion etc. nd it has been seen in the corporates that the employer do ask for some kind of favour in order to give the job, transfer or promotion or for that matter in order t o increase their salary. All this amounts to Sexual Harassment because it is done against the will of the person and the employees who are in need of the above things do agree to the terms of the employer. In other words it can be said that, it is discriminatory 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. Laws under which a case can be filed In India there is no specific law relating to Sexual Harassment at workplace but there are certain sections in the Indian Penal Code (IPC) and Constitution and certain other laws and Acts that protect the women’s from sexual harassment at workplace and they are as follows: Section 354, IPC deals with assault or criminal force to a woman with the intent to outrage her modesty and lays down that:Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or both. In cases where the accused sexually harasses or insults the modesty of a woman by way of either- obscene acts or songs or- by means of words, gesture, or acts intended to insult the modesty of a woman, he shall be punished under Sections. 94 and 509 respectively. Under Sec. 294 the obscene act or song must cause annoyance. Though annoyance is an important ingredient of this offence, it being associated with the mental condition, has often to be inferred from proved facts. However, another important ingredient of this offence is that the obscene acts or songs must be committed or sung in or near any public place. Section 509, IPC deals with word, gesture or act intended to i nsult the modesty of a woman and lays down that:Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognizable and bailable offences). Civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing â€Å"indecent representation of women†; they are liable for a minimum sentence of 2 years. Section 7 (Offenses by Companies) holds companies where there has been â€Å"indecent representation of women† (such as the display of pornography) on the premises guilty of offenses under this act, with a minimum sentence of 2 years.Early history of the use of the term â€Å"Sexual harassment† The term sexual harassment was used in 1973 in a report to the then President and Chancellor of MIT about various forms of gender issues. In the book In Our Time: Memoir of a Revolution (1999), journalist Susan Brown miller quotes the Cornell activists who in 1975 thought they had coined the term sexual harassment: â€Å"Eight of them were sitting in an office †¦ brainstorming about what they were going to write on posters for their speak-out. They were referring to it as ‘sexual intimidation,' ‘sexual coercion,' ‘sexual exploitation on the job. None of those names seemed quite right. They wanted something that embraced a whole range of subtle and un-subtle persistent behaviors. Somebody came up with â⠂¬Ëœharassment. ‘ ‘Sexual harassment! ‘ Instantly they agreed. That's what it was. † These activists, Lin Farley, Susan Meyer, and Karen Sauvigne went on to form Working Women's Institute which, along with the Alliance against Sexual Coercion, founded in 1976 by Freada Klein, Lynn Wehrli, and Elizabeth Cohn-Stuntz, were among the pioneer organizations to bring sexual harassment to public attention in the late 1970s.Harassment Situations Sexual harassments can occur in a variety of circumstances. Often, but not always, the harasser is in a position of power or authority over the victim (due to differences in age, or social, political, educational or employment relationships). The harasser and the victim can be anyone and of any gender, such as a client, a co-worker, a teacher or professor, a student, a friend, or a stranger. The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it. Adv erse effects on the target are common.The harasser does not have to be of the opposite sex. The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful. Misunderstanding can result from a situation where one thinks he/she is making themselves clear, but is not understood the way they intended. The misunderstanding can either be reasonable or unreasonable. An example of unreasonable is when a man holds a certain stereotypical view of a woman such that he did not understand the woman’s explicit message to stop.Types of harassment There is often more than one type of harassing behavior present, so a single harasser may fit more than one category. The different types of harassment could be; Stalking. Pest, Bully, Power-Player, Mother/Father figure (a. k. a the counselor helper), Groper, One-Of-The-Gang, Serial Harasser, Opportunist, Confidante, Situational Hara sser etc. Steps to be taken by the employers In Vishaka Vs. State of Rajasthan and others, the Supreme Court in absence of ny enacted law (which still remains absent- save the Supreme Court guidelines as stated hereunder) to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment, laid down the following guidelines: All Employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined, above at the work place should be notified, published and circulated in appropriate ways. b) 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 offende r. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1940. d) 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 work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. Awareness Rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.This is one of the most important factors that should be taken up seriously both by the employer and the government. The female employees should be made aware of the rights that are available to them relating to Sexual Harassment. In the metropolitan cities the female employees working in good companies an d working at high level are very well about their rights but those females who are working at the low level and in small towns hardly know about their rights which they can exercise for any kind of sexual harassment thereby getting relief from the court as well as their dignity lost due to this harassment.Effects of sexual harassment on organizations Sexual Harassment has an adverse effect on the organization as the working enthusiasm of the sexually harassed female employee goes down, she is not able to work in the same way as she was before being harassed and thus she is not able to give her 100% to the organization thereby leading to decreased job satisfaction.This is only one the factor there might be loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers; loss of students who leave school to avoid harassment. And the most important there might be decrease in the productivity level and increase in team conflicts. Decrease i n success at meeting financial goals (because of team conflict) and this may lead to loss for the organization as they fail to achieve the goal of the organization.Some other problems that the organization has to face due to the harassment; Increased health care costs and sick pay costs because of the health consequences of harassment, the knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment, if the problem is ignored, a company's or school's image can suffer, legal costs if the problem is ignored and complainants take the issue to court.Some famous case laws relating to Sexual Harassment One of the most famous case laws in the history of India relating to sexual harassment is Vishaka v State of Rajasthan and others, wherein for the first time the definition of sexual harassment was defined, certain guidelines pertaining to the employers were laid down, as to how their contribution in the organization could avoid sexual harassment of the female employees in the organization. In this particular case a writ petition was filed by ‘Vishaka’- a nonGovernmental organization working for gender equality by way of PIL seeking enforcement of fundamental rights of working women under Article. 21 of the Constitution. case: A K. Chopra’s case, is the first case in which the Supreme Court applied the law laid down in Vishaka’s case and upheld the dismissal of a superior officer of the Delhi based Apparel Export Promotion Council who was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article. 21 of the Constitution.In both cases the Supreme Court observed, that † In cases involving Human Rights, the Courts must be alive to the International Conve ntions and Instruments as far as possible to give effect to the principles contained therein- such as the Convention on the Eradication of All forms of Discrimination Against Women, 1979 [CE DAW] and the Beijing Declaration directing all state parties to take appropriate measures to prevent such discrimination. † The guidelines and judgments have identified sexual harassment as a question of power exerted by the perpetrator on the victim.Therefore sexual harassment in addition to being a violation of the right to safe working conditions is also a violation of the right to bodily integrity of the woman. In Rupan Deol Bajaj Vs. K PS. Gill, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S. Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.T he Supreme Court in January, 1998 fined Mr. K P S. Gill Rs. 2. 5 lacs in lieu of three months Rigorous Imprisonment under Sections. 294 and 509 of the Indian Penal Code. In N Radhabai Vs. D. Ramchandran, Radhabai, Secretary to D Ramchandran, the then social minister for state protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995 passed the judgment in her favour, with back pay and perks from the date of dismissal.These are some of the famous case laws in the history of India which have completely justified sexual harassment at a workplace and held the accused liable, be it a Chief Police Officer or a Social minister. Conclusion Sexual Harassment at workplace, it’s not only the duty of the employer to make sure that the female employees are provided with the proper working conditions, rules and regulations etc. it’s also the duty of the female employees to make sure th at where ever they are working is that a safe place, there is no kind of fear as to promotion, transfer, salary etc. if she refuses to take the offer given to her.It’s also their duty to make sure that they inform the management of the head of the organization if any kind of unwelcomed behavior is being noticed by them so that the organization can take the right step at the right time. The females working in corporate sectors the big cities like Delhi, Mumbai, and Bengaluru are very well aware about their rights or as or as to what steps should be taken if sexual harassment is done to them but then there are hardly any female employees working in small industries, villages where the rate of sexual harassment is high know about all the laws, rights and reliefs that are available for them.In the past three years there have been thirty police official who have been arrested for sexual harassment. Now if the helpers of the law are going to do this then what can we expect form the ordinary citizens. The Sexual Harassment at Workplace Bill 2010 focuses on women’s right to protection against sexual harassment at the workplace. The Passing of this bill will empower the women to action against the wrongdoer in a more powerful and stronger manner.