Sexual Harassment at Workplace: All about it
Sexual Harrassment is Unwelcome, sexually determined behaviour, whether directly or by implication:
* Physical contact and advances
* A demand or request for sexual favours
* Sexually coloured remarks
* Showing pornography
* Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
THE ONUS IS ON EMPLOYER TO CREATE A SAFE WORKPLACE
* Rules on prohibition of sexual harassment should be notified, published and circulated in appropriate ways
* There should be appropriate penalties for violation
HOW DO EMPLOYERS GO ABOUT THE INQUIRY
All workplaces with 10 employees or more are required to constitute an internal committee to probe an allegation. The committee will have to be constituted at all units or offices of a company. The committee should have a minimum of four members and half of them have to be women. The presiding officer will have to be a senior level woman worker.
Workplaces with less than 10 employees need not form an internal committee and all complaints will go to the local complaints committee set up as per the Act by district officers in each district.
The committee should also have an external member from an NGO working on women’s rights or a related area
VICTIMS MUST BE ALLOWED TO SEEK TRANSFER
* The rules say that workers should be allowed to raise issues of sexual harassment at staff meetings and other appropriate fora and it should be affirmatively discussed in meetings with the employer.
* Awareness of the rights of women employees should be created by prominently notifying the guidelines.
* Company should ensure that victims or witnesses are not discriminated against and that victims have the option to seek transfer of the perpetrator or their own transfer
OUTSIDE OFFICE CAN ALSO BE WORKPLACE
Apart from office, any place visited by an employee during the course of employment, including transportation provided by employer for the visit, is covered under the Act. If harassment takes place during a lunch meeting at a restaurant, it will also be covered.
AND THIS IS WHAT HAPPENS TO VIOLATORS
Inappropriately touching a woman: 1-5 years’ jail and fine under Criminal Law Act, 2013
Observing, capturing, distributing images of a woman without her knowledge: 1-7 years’ jail and fine under Information Technology Act, 2000
Using words, gestures to outrage a woman’s modesty: 3 years’ jail and fine under Criminal Law Act, 2013
Consensual sex with a subordinate: 5-10 years’ jail and fine under Criminal Law Act, 2013 more
* Physical contact and advances
* A demand or request for sexual favours
* Sexually coloured remarks
* Showing pornography
* Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
THE ONUS IS ON EMPLOYER TO CREATE A SAFE WORKPLACE
* Rules on prohibition of sexual harassment should be notified, published and circulated in appropriate ways
* There should be appropriate penalties for violation
HOW DO EMPLOYERS GO ABOUT THE INQUIRY
All workplaces with 10 employees or more are required to constitute an internal committee to probe an allegation. The committee will have to be constituted at all units or offices of a company. The committee should have a minimum of four members and half of them have to be women. The presiding officer will have to be a senior level woman worker.
Workplaces with less than 10 employees need not form an internal committee and all complaints will go to the local complaints committee set up as per the Act by district officers in each district.
The committee should also have an external member from an NGO working on women’s rights or a related area
VICTIMS MUST BE ALLOWED TO SEEK TRANSFER
* The rules say that workers should be allowed to raise issues of sexual harassment at staff meetings and other appropriate fora and it should be affirmatively discussed in meetings with the employer.
* Awareness of the rights of women employees should be created by prominently notifying the guidelines.
* Company should ensure that victims or witnesses are not discriminated against and that victims have the option to seek transfer of the perpetrator or their own transfer
OUTSIDE OFFICE CAN ALSO BE WORKPLACE
Apart from office, any place visited by an employee during the course of employment, including transportation provided by employer for the visit, is covered under the Act. If harassment takes place during a lunch meeting at a restaurant, it will also be covered.
AND THIS IS WHAT HAPPENS TO VIOLATORS
Inappropriately touching a woman: 1-5 years’ jail and fine under Criminal Law Act, 2013
Observing, capturing, distributing images of a woman without her knowledge: 1-7 years’ jail and fine under Information Technology Act, 2000
Using words, gestures to outrage a woman’s modesty: 3 years’ jail and fine under Criminal Law Act, 2013
Consensual sex with a subordinate: 5-10 years’ jail and fine under Criminal Law Act, 2013 more
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In Scientific Departments of Government of India, I know several senior scientists are sexually harassing the junior female scientists and no action is taken for the false prestige of the Department being under the Prime Minister Control etc. The External members are selected who are "yes women" without any background of fighting for women cause, legal knowledge and above all past experience of handling these cases with the result the young women scientists continue to suffer. At least in Hyderabad more
Oct 16
The co education has brought certain standrads in life.The information technology has over taken the work experiences of nursing women and things have changed drastically. [2]There could be a change in law and lives in next 20 years. [3]Famalies have to enshrine in the lives of children to stick to certain standards in lives,as family,growing children and not bowing to money and other life style matters by both sex. [4]It is the cromosomes one side and psychology in another and some social training by the other greedy people on familes,willing to ruin a family based on their bad or greed records. [5]Children have to take proper training and understand family structure and some times stand away even from parents life style to keep themselves useful in their lives to society and the family they wish to grow. But ultimately there always has to be an empire-a psychologist at works places-who ever-and how high the boss can be. He has to remind both the warring parties impending problems out of law. Good that a panel of jurists are appointed by Madam Minister to bring all compaints under #me too,and a SIT can establish the real things that happend. more
Oct 12
Anshu thanks for opening up so many ideas which even a workshop wouldn't have elicited . All have meant one fact that THERE SHOULD BE CAUTION FROM THE SIDE WHICH FEELS THEY ARE UNDULY EXPLOITED . THIS HAPPENS BOTH WAYS . Yet there is no meaning in digging up matters that happened tears back . That may also indicate that these 10 years the complainant was waiting for the promised benefits . more
Oct 11
Seriousness and awareness has come but so has misuse as cited in todays week,cases of 10 year old and more are surfacing which is really shocking as they kept quite for such a long period.Old saying whenever you awake day begins. more
Oct 11
The more we discuss such issues publicly, the more people will have ideas of their own. Not to justify such behaviour anywhere, but over discussion leads to over exposure of people to different ideas and imagination. Rather than describing the act of harassment it would be better if only the final results/punishments are made known. more
Oct 11
