Many women who are victims of sexual harassment at their workplace prefer to remain silent for fear of losing their jobs. They may be unsure whether the culprit’s behaviour amounts to ‘sexual harassment’ or be unaware of the legal remedies available to them.
Every woman has a fundamental right to a safe environment free from sexual harassment, and there are procedures in place to remedy a violation of this right.
What is sexual harassment?
If someone’s behaviour, which is of a sexual nature, makes you feel uncomfortable, it will be regarded as sexual harassment. A few important points to understand the meaning of sexual harassment are laid out below.
- Any unwanted physical contact or advances with sexual suggestions will be sexual harassment.
- Sexual harassment is not limited to someone’s physical actions.
- Anything said or done that is of a sexual nature and is unwelcome will be considered as sexual harassment.
- If someone asks you for sexual favours it will be considered as sexual harassment.
- For any actionto be regarded as sexual harassment, it could be direct or indirect.
- If someone forces you to watch pornography it will be considered as sexual harassment.
Sexual harassment will include the following acts.
If the culprit:
- directly or indirectly promises you any favourable treatment in your job.
- directly or indirectly threatens you of negative treatment in your job.
- interferes with your work or creates a hostile work environment for you.
- directly or indirectly threatens you about your present or future job status.
- treats you in a humiliating way which may be harmful to your health or safety.
All of the above are scenarios that are included in the definition of sexual harassment.
What is the procedure for filing a complaint?
- You may file a written complaint of the sexual harassment you have faced at work to the Internal Complaints Committee (ICC) of your workplace. Ideally, your employer should have informed you about the organisation’s ICC. If not, please ask your employer or the human resources department in your organisation about the ICC at your workplace.
If your workplace does not have an ICC or has less than 10 employees, the complaint can be made to the Local Complaints Committee (LCC) of your district. You may contact the district administration of your particular district or check their website for details on your district’s LCC.
Where the complaint is against the employer himself, it can be made to the LCC of your district to avoid the possibility of a bias.
The written complaint must be made within 3 months of the incident of sexual harassment, or where there were several incidents, within 3 months of the last incident of sexual harassment. In case of a delay in filing a complaint within 3 months, the circumstances that prevented the woman from filing the complaint must be recorded. - After filing your written complaint but before an inquiry based on your written complaint is opened, there is an option for you to request the ICC / LCC to settle the matter between you and the culprit through conciliation. Here, you and the culprit will be given an opportunity to reach an amicable settlement, though no monetary settlement can be made on the basis of conciliation. Where a settlement has been reached, no further inquiry will be conducted on the matter unless the culprit fails to honour his obligations under the settlement.
- If you do not wish to settle the matter though conciliation, the ICC / LCC will begin their inquiry into the matter.
During the inquiry:
– Both parties will be given an opportunity to put across their views.
– ICC / LCC may summon and examine any person if needed.
– ICC / LCC may require that certain documents are handed over to them.
– ICC / LCC will provide copies of their findings to both parties so that they’re able to make representations against the findings if needed.
– You have a right to request the ICC / LCC to recommend to your employer that you are transferred to another workplace while the inquiry in ongoing.
– You may also request that you are granted leave (of not more than 3 months) while the inquiry in ongoing. Such leave will not affect the leave days you’ll normally be entitled to.
The inquiry will be completed within 3 months. - Once the inquiry is complete, an inquiry report will be submitted by the ICC / LCC to employer / district officer. The culprit and you will also be provided copies of the inquiry report.
- Where the allegations made by you are proved, the employer will take action against the culprit for sexual harassment as a misconduct and monetary compensation will be payable to you by the culprit.
Where the allegations are not proved, no further action will be taken in the matter.
Where are the laws on sexual harassment of women at workplace laid out?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or the POSH Act, as it is commonly known as, specifically deals with the issue of sexual harassment of women at work.
Under the POSH Act, ‘workplace’ includes any place visited by the woman for her work, including any transportation provided by her employer.
Bear in mind that every employer of a workplace is required by law to set up a committee to be known as the “Internal Complaints Committee” for dealing with complaints regarding sexual harassment at work.If the employer fails to comply with its duties, it may be liable to pay a fine.
Also note that other than the relief that is provided under the POSH Act, a victim can also rely on the provisions of the Indian Penal Code, 1860 and the Constitution of India (both of which will be dealt with in other blog posts), on the basis of the type of crime committed by the culprit.
[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]
