Zero Tolerance-Sexual Harassment of women at work place - please share your views

Today, both men and women are contributing equally to the growth of an organization. However, a survey conducted by OXA Fem reveals that 1 out of 6 women are sexually harassed in the workplace. This issue is becoming more concerning as the ratio of male and female students pursuing professional careers is equalizing.

Every employer must ensure the safety of women in the workplace. Therefore, Prevention of Sexual Harassment (POSH) training is essential for every employee. This training is mandated under the Prevention, Prohibition, and Redressal Act of 2013.

Please share your views on this matter.

The presence of female employees is increasing day by day. Apart from the traditional fields like secretarial work, teaching, nursing, etc., now women are invading newer fields including core engineering fields and even the shop floor. Consequently, there is also an exponential growth in complaints of sexual harassment. With the POSH Act coming into vogue, most organizations are getting covered under the Act, and the compliance task is daunting for many of them. Organizations feel handicapped and lacking in dealing with the issues/complaints in its implementation. Without training and comprehensive awareness on the matter, it will be difficult to overcome the procedural requirements under the Act.

Sexual Harassment of Women at the Workplace is no longer just a good-to-do peripheral activity but a crucial need-based business activity for several reasons, including those listed below:

1. Sexual Harassment results in a violation of the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Indian Constitution. Every woman also has the right to practice any profession or carry on any occupation, trade, or business, which includes the right to a safe environment free from sexual harassment. Please refer to the relevant text of the Preamble to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.

2. The Government of India, on 25th June 1993, had already ratified International Conventions and Instruments on Universal Human Rights, such as i) Convention on the Elimination of all Forms of Discrimination against Women and ii) Women's Right to Work with Dignity. Consequently, these universal human rights were incorporated into the SHWW (P, P & R) Act 2013. Every person, including every employer, is legally duty-bound to obey the laws and not defy them, both in letter and in spirit.

3. Every employer in every workplace is now legally liable to provide protection to women from sexual harassment at the workplace by creating a safe and secure workplace environment where no woman shall be subjected to sexual harassment. Failing to do so can lead to stiff/ stringent penalties.

4. Sexual Harassment constitutes acts of misconduct as per the "Service Rules" or the "Standing Orders" applicable to the respective establishments. Employers must initiate necessary disciplinary action as per the laid-down procedures. There is no exemption or immunity from this. (Please refer to Section-19 (i)). The Supreme Court of India clarified long ago that "Any act unworthy of employment amounts to misconduct." Thus, no employer can or is permitted to violate or flout the service rules or standing orders framed by them and certified by the authority.

5. Sexual harassment incidents often occur when the concerned employee is not contributing 100% performance output and instead wastes time and efforts focusing on fulfilling personal agendas during the employer's paid time. This causes an enormous loss of business revenue, which directly affects the workplace environment, leading to low morale and motivation. It is crucial for joint efforts and endeavors of the committed workforce to be fully engaged in the creation of wealth and well-being. Who would settle with the argument that supervisors and managers are not aware of what is happening?

Apart from the OXA Fem Survey which reports that 1 out of 6 women are sexually harassed at the workplace, the NCRB Survey informs that 70% of women at the workplace were subjected to sexual harassment. The Kritarth Team of Special Educators stands and works for the cause of providing protection to women from sexual harassment at the workplace. Over the years, the team has:
- Conducted hundreds of mandatory programs for the Internal Committee members, including orientation programs to familiarize them with their duties/tasks and capacity & skills building programs to make them capable and competent in discharging their duties.
- Served as the nominated member (external) of Internal Committees in several establishments.
- Guided employers in co-creating effective functional mechanisms for providing protection, preventing, and prohibiting sexual harassment.
- Conducted gender sensitivity programs for employees, including contract laborers.
- Designed workplace sanitization schemes.
- Trained the HODs in properly and faithfully implementing all the provisions of the SHWW Act 2013.
- Conducted other need-based programs specified by employers.

The Kritarth Team of Special Educators is ready and willing to render any help, assistance, and guidance to employers, managements, HR heads, and others to implement the SHWW (P, P & R) Act 2013.

Harsh K. Sharan, Special Educator PoSH Programs, Kritarth Team, 30th May 2018

I appreciate your valuable points given above. My humble request is for both males and females to control themselves to enhance both their personal and social lives. Personal life includes their family members and relatives who may also suffer, and the next aspect is that their social life may be adversely affected.

Regards,

P. Senthil, Coimbatore.

I respect all views above, solid pointers laid out. Every induction process should talk about POSH and make new joiners aware of the sexual harassment policy.

Thanks and Regards,
Akash Sharma

Yes, Mr. Rakesh, we are doing the same. Good information for all.

I am an external member on IC of many companies and have handled a few inquiries as well. I find that not many companies have implemented awareness training sessions, and they are only alarmed when a harassment complaint arises. The law is in its nascent stage, and there are many possible interpretations. On the flip side, I find that many female employees also use it as a tool to achieve their ambitions.

Zero Tolerance - Sexual Harassment of Women in the Workplace

It is very clear that there should be zero tolerance for sexual harassment in the workplace. I would like to point out that, to some extent, both male and female employees are responsible for such behavior. The rest is up to the forum members to better understand what I am trying to express.

Regards

With due respect to all women alike, at times if they aren't able to speak up, the anti-sexual harassment committee should take suo moto cognizance and investigate proceedings against individuals. This will help two causes:

Women who don't speak up against the sexual predators will feel safer to speak up on such issues.

Secondly, it will also act as a deterrent against such wicked sex maniacs, and they would see their irresponsible behavior at public places.

Do upvote if this answer makes sense.

Truly noteworthy are your views relating to not reporting of sexual harassment at workplace complaints from a number of aggrieved women, for reasons best known to them. To address the "suffering-in-silence" situations, SHe Box online portal was launched on 7.11.2017 by the Ministry of Women & Child Development to help such aggrieved women and others empowered to register their SH complaints. Now, they can register the sexual harassment complaints online for further necessary action.

SHe Box will go a long way in helping the aggrieved women complainants, who have been subjected to sexual harassment at the workplace, to stand up and speak up even in cases where they feel discouraged to do so. Nonetheless, every employer, under Section 19 of the SHWW Act of 2013, under the heading "Duties of Employer," is duty-bound to provide protection to women from sexual harassment at the workplace. Failing to do so, the concerned employer is liable to stern penalties under the said Act of 2013, as well as other acts, notably the Companies Act. They have to incorporate in the company's annual report filed before the ROC the data about SH complaints.

An occurrence of sexual harassment is punishable: i) as per the service rules and/or the standing orders framed by the employers, which apply in their respective establishments covering one and all at the premises; ii) as per the Indian Penal Code; iii) results in the violation of the fundamental rights of the aggrieved women punishable under the laws.

In the aforementioned circumstances, even when the aggrieved women are not ready or unwilling to submit/lodge their SH complaints, it is expedient that the Internal Committee, suo moto, initiates IC proceedings to ascertain the facts relating to the SH complaint. The Kritarth team of specialized educators, serving as IC members (external), ally with the cause of creating a safe and secure workplace where no woman shall be subjected to sexual harassment. This way, they can contribute their 100% performance output. When that happens, the prime purpose of any business is fully served, which is creating wealth for and well-being of all stakeholders.

Harsh H Sharan, Kritarth Team 4.6.2018