The allegation levelled against Tehelka founder Tarun Tejpal has reignited the debate on the safety of women and protection against sexual harassment at workplace. Complaints of sexual abuse at the workplace are often ignored as minor misconduct rather than being reported as serious crimes that carry a penalty. Often women aren't aware of the legal recourse at their disposal.
Is an offer by a senior colleague to come to his home after work hours to finish a pending project sexual harassment? Can a complaint be filed against a colleague for what he or she claims as "harmless flirting" despite being asked to stop?
In a society where tradition runs deep, the woman is often seen as the aggressor and burdened with establishing her innocence in incidents of sexual abuse. She is dubbed as the provocateur and future "troublemaker" and future employers are wary of hiring her.
There are clearly defined laws to guard against sexual attack from an employer or co-worker.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 covers sexual harassment at women's place of work. It was passed by the Lok Sabha on September 3, 2012 and cleared by the President of India in 2013.
What constitutes sexual harassment
The Act defines sexual harassment as:
Implied or explicit promise of preferential treatment in her employment; or
implied or explicit threat of detrimental treatment in her employment; or
implied or explicit threat about her present or future employment status; or
interference with her work or creating an intimidating or offensive or hostile work environment for her; or
humiliating treatment likely to affect her health or safety.
Physical contact and advances;
Demand or request for sexual favours;
Sexually coloured remarks;
Showing pornography;
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Internationally, what constitutes harassment:
The International Labour Office considers "physical conduct, physical violence, physical contact, touching, pinching, the use of job-related threats or rewards to solicit sexual favours, verbal conduct, comments on a worker's appearance, age, private life, sexual comment, stories and jokes, sexual advances, repeated social invitations, insults based on the sex of the worker and condescending or paternalistic remarks all constitute sexual harassment.
National Commission for Women
The Complaints and Counseling Cell of the National Commission for Women (NCW) processes complaints of harassment received orally or written. It can also take suo motu action. The NCW also expedites and monitors a police investigation, brings the matter to the notice of various state authorities to facilitate action. For serious crimes, the Commission constitutes an Inquiry Committee which makes inquiries, examines witnesses, collects evidence and submits the report with recommendations.
You can submit your complaint to the NCW here.
National Helpline for Women
There's also national helpline for women that address calls on harassment. The numbers 1091 and 1291 are toll free.
The Indian Penal Code
The Indian Penal Code provides overall protection against harassment through its several provisions.
IPC Sections 292 - 294 that deals with obscenity
IPC Section 354 dealing with criminal force or assault intended to outrage modesty
IPC Section 375 deals with rape
IPC Section 509 deals with word, gesture or act intended to outrage modesty
What the employer should do:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 states that the employer should:
Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
display at any conspicuous place in the workplace, the penal consequences of sexual harassment
organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee
provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code
cause to initiate action, under the Indian Penal Code or any other law against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
monitor the timely submission of reports by the Internal Committee.
Process of filing a complaint:
The aggrieved woman can make, in writing, a complaint of sexual harassment at work place to an Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
Constitution of Internal Complaints Committee
The law demands that every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the 'Internal Complaints Committee':
The Internal Committee consists of a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees, not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge, one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. At least one-half of the total Members so nominated will have to be women.
Read the full text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 here: ####
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