Frequently Asked Questions(FAQs)
*Courtesy:
International Labour Organisation,2014
What is Sexual Harassment?
Sexual harassment is any unwelcome sexually
defined behaviour which can range from misbehaviour of an irritating nature to
the most serious forms such as sexual abuse and assault, including rape.
The Sexual Harassment of Women
(Prevention, Prohibition and Redressal) Act 2013 defines sexual
harassment to include any one or more of the following unwelcome
acts or behaviour (whether directly or by implication) namely:
i. physical contact and
advances
ii. a demand or request for
sexual favours
iii. making sexually coloured
remarks
iv. showing pornography
v. any other unwelcome
physical, verbal or non-verbal conduct of sexual nature.
· What
is sexual harassment at workplace?
Sexual
harassment at the workplace is any unwelcome sexually defined behaviour which
has the purpose or effect of unreasonably interfering with the individual’s
work performance or creating an intimidating, hostile, abusive or offensive
working environment.
The Sexual Harassment of Women
(Prevention, Prohibition and Redressal) Act 2013 states that if the
following circumstances occur or are present in relation to, or
connected with any act or behaviour of sexual harassment, it may amount to
sexual harassment at the workplace:
I. Implied or explicit
promise of preferential treatment in her employment in her employment; or
II. Implied or explicit
threat of detrimental treatment in her employment; or
III. Implied or explicit
threat about her present or future employment status; or
IV. Interference with her
work or creating an intimidating or offensive or hostile work environment for
her; or
V. Humiliating treatment
likely to affect her health or safety.
· Quick checklist:
Is your work environment free from sexual harassment?
Most women themselves fail to recognize
sexual harassment and treat it as trivial and routine. Take a look at the
checklist below and fill a check mark (√) to an appropriate box.
Check
items
|
Yes
|
No
|
1. You have supervisors or
colleagues that you want to avoid working together
|
||
2. You feel that somebody
is constantly staring at you
|
||
3. The number of female
and male workers is not well-balanced
|
||
4. There are times when
supervisors or colleagues touch your body
|
||
5. There are uncomfortable
incidences at my workplace but I tolerate it with my patience
|
||
6. My supervisor sometimes
asks me out for dinner
|
||
7. I stay obedient to
whatever my supervisor says as I do not want to lose my job
|
||
8. I receive some jokes
and comments related to my appearance
|
||
9. My supervisor
frequently asks me about my personal life
|
||
10. I often receive emails
irrelevant to my work from a colleague/supervisor
|
If you have many check marks under “Yes”,
your work environment may not be free from sexual harassment. If you are in
doubt, discuss with trusted colleagues, and do not stay silent.
· What
should you do if you experience sexual harassment?
If you experience sexual harassment, take
action to stop it.
Speak up at the time: Be sure to say
"NO" clearly, firmly and without smiling when you experience sexual
harassment as that is the best way to let the harasser know that his or her
behaviour is offensive. If you are asked to go places, do things, respond to
questions, or engage in situations that make you uncomfortable, say
"NO" emphatically and clearly and do not worry about offending the
other person or hurting his or her feelings. Objecting to the behaviour when it
occurs helps if you decide to file charges later.
Keep records: Keep track of what
happens in a journal or diary and keep any letters or notes or other documents
you receive. Keep copies of any offensive material at the workplace. Write down
the dates, times (including frequency of offensive encounters), places, and an
account of what happened. Write down the names of any witnesses.
Every document that you use during trial
must be authenticated by a witness. Keep this in mind during your depositions
when the defense asks you where you obtained a document. If you are not clear
about where you got the document, and who can authenticate it, you will not be
able to use it during your trial.
Take all letters of commendation, awards,
thanks you's and anything at all that will corroborate your positive job
performance. Pay special attention to documents that your superiors have
provided lauding you and your work. If possible, ask your clients, staff, and
peers for letters of commendation.
Talk to someone you can trust: Being quiet or stoic
about sexual harassment lets it continue. Talk to other co-workers, union
members, family members or friends whom you can trust. You may not be the only
one harassed by this person.
Create a witness: Inform a trusted
colleague and try to insure that s/he is an eye or ear witness to a situation
where you are being sexually harassed. This will be useful later if you chose
to file a formal complaint.
Report sexual harassment to the appropriate
person in the organization: Explore the different avenues
available to you and file a formal complaint if necessary. If your organization
does not have a policy, ensure that your employer formulates an anti-sexual
harassment policy and carries out all the connected tasks.
Get a medical check-up: If you have been raped or
physically assaulted, go for a medical check-up. Obtain a medical report. This
is important, should you decide to pursue a legal case.
· Can
an aggrieved file a civil suit in a case of sexual harassment in the workplace?
Yes, a civil suit can be filed for damages
under tort laws. The basis for filing the case would be mental anguish,
physical harassment, loss of income and employment caused by the sexual
harassment.
· Under
what circumstances can complaints be filed?
Complaints may be filed under the following
circumstances:
· Cases involving
individuals from the same organization
· Cases that concern third
party harassment, which implies harassment from an outsider.
· Where
can I file a complaint?
o Internal Complaints
Committee – if you are an aggrieved woman who has a relationship of
work with that specific organization
o Local Complaints
Committee – if you are an employee from an establishment where the
Internal Complaints Committee has not been constituted due to having less than
10 workers. In the case that the complaint is against the employer
himself/herself and the individual feels that the case may be compromised, she
can also lodge the complaint in the LCC
o For instances where the
LCC may not be immediately accessible, the Act instructs the District officer
to designate one nodal officer in every block, taluka and tehsil in rural or
tribal area and ward or municipality in the urban area, who will receive the
complaint and forward it to the concerned LCC within 7 days.
o Local police
station, in case provisions under the Indian Penal Code are applicable.
Source :
http://pib.nic.in/newsite/efeatures.aspx?relid=1231
