Frequently Asked Questions (FAQs)
Courtesy: International Labour Organisation,2014
- · What is Sexual Harassment?
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:
- Physical contact and advances
- A demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- 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:
- Implied or explicit promise of preferential treatment in her employment 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.
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.
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?
- Internal Complaints Committee – if you are an aggrieved woman who has a relationship of work with that specific organization
- 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
- 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.
- Local police station, in case provisions under the Indian Penal Code are applicable.
(-PIB Features)
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