Despite the fact that the Government has declared the ‘Anti-Sexual Harassment Act’ to be mandatory, harassment of women at their workplaces has not reduced.
As per the survey done by Indian National Bar Association (INBA), out of 6,047 participants (both male and female), 38% confessed to have been a victim of sexual harassment at the workplace. Out of these 69% did not complain about it.
SEXUAL HARASSMENT AT WORKPLACE
‘Sexual Harassment’ as stipulated in the Act includes any unwelcome sexually determined behaviour- physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. The wide definition takes into account all direct or implied acts of such nature.
As per this Act, a woman should not be subjected to sexual harassment at any workplace. The Act has provided a wide inference to the term ‘workplace’, which takes into account the actual place of work and the areas connected to it. This includes the transport facilities that the employee uses to commute to her workplace. The Act is applicable to both the organised as well as the unorganised sector in India.
INTERNAL COMPLAINTS COMMITTEE
Under this Act, it is mandatory that every workplace establishes an Internal Complaints Committee (At all branches or offices of organisations) where at least 10 or more employees are employed.
The committee constitutes as follows:
- The committee should be headed by a women employed at a senior level
- Half of the members of the committee should be women
- The committee should compulsorily include a third party NGO/ other body
Two people amongst employees committed to the cause of women/with experience in social work/legal knowledge should form part of the Committee. Any person can be a member of the Committee for a maximum of three years.
Ahmedabad Women’s Action Group (AWAG) represents as members of the committee against Sexual Harassment of Women at the Workplace at Reserve Bank of India, Income Tax Dept, Ahmedabad, Punjab National Bank, Human and Urban Development Corporation Limited (HUDCO), Gujarat Police Department, Gujarat State Road Transport Corporation and FabIndia.
INTERIM RELIEFS
While the inquiry is under decision-making, the complainant can be given a transfer or granted leave on request. Also, the accused can be restrained from reporting on the work performance of the complainant.
The Committee should submit the report to the employer within 10 days from the day of complaint. If sexual harassment of any kind is proved, then it is crucial to take immediate action against the offender under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. The Act mandates that the employer has 60 days to take action as per the recommendations of the Internal Complaints Committee.
The following courses of action can be taken against the offender:
- Written apology
- Warning
- Reprimand
- Withholding increments/promotion
- Termination from service
- Undergoing counselling session
- Carrying out community service
If at any point the complainant wishes, the Committee can settle the matter through conciliation. This conciliation, however, should not be a monetary settlement. If at all, the matter is settled through conciliation, then the terms of settlement have to be communicated to the Employer to can take actions accordingly. If the aggrieved female employee does not prefer conciliation, then an inquiry has to be conducted by the said Committee.
Moreover, the Committee must prepare an annual report to submit to the Employer and the District officer where the organization’s offices are located.
EMPLOYER’S OBLIGATIONS UNDER THIS ACT
- To provide a safe working environment to the employees
- To display details of the penal consequences of indulging in acts of sexual harassment, composition of the Internal Complaints Committee, and the availability of the grievance redressal mechanism for aggrieved employees on organisation’s website and noticeboards
- To provide necessary facilities to the Internal Complaints Committee for presiding over an inquiry and dealing with complaints.
- To take disciplinary action when the Committee proves an allegation of sexual harassment.
- To encourage employees to raise any issue of sexual harassment.
- To carry out employee awareness programs.
PENALTIES AS PER THE ACTS
The Act has imposed a penalty of Rs. 50,000 if:
- The organisation has not established an internal committee
- The Internal Committee does not submit the annual report
- The Internal Committee does not submit the inquiry report
- An action has been takes against false complaint/ evidence
It is about time, that society show a ‘zero tolerance’ attitude towards sexual harassment at work place. Such acts tend to discourage women from taking up vocations of their choice, or force them to be silent sufferers at the workplace.
This Act has been active for four years. However, harassment of women at their workplace has not gone down.
To include AWAG as part of your Internal Complaints Committee (third party), please write to us at info@awagindia.org