Sexual harassment at workplace: Tips to protect yourself!

A Look at the Law

As per the act,sexual harassment includes any one or more of unwelcome acts or behaviour like physical contact and advances,a demand or request for sexual favours or making sexually coloured remarks or showing pornography.

Section 3 defines sexual harassment containing clauses such as ‘implied or explicit threat about her present or future employment status’ and ‘interferes with her work or creating an intimidating or offensive or hostile work environment for her’

Non-compliance with the provisions of the act shall be punishable with a fine of up to Rs 50,000. It has also provisions for safeguard against false or malicious charges.

SC’s Vishakha Judgement

It was the Supreme Court’s Vishaka judgement of 1997 that recognised sexual harassment as a violation of fundamental rights.

Vishaka,a non-governmental organisation,filed a petition following an alleged gang rape of a social worker in Rajasthan. In the absence of any specific law against sexual harassment,the SC laid down some guidelines. It was after this case that sexual harassment came to be categorised as human rights violation.

A Parliamentary Standing Committee,which had examined the bill,had held the firm view that preventive aspects reflected in it has to be strictly in line with the Supreme Court guidelines in the 1997 Vishaka case.

SC defines sexual harassment as..

The Supreme Court defined sexual harassment in the workplace as an unwelcome sexual gesture or behaviour,whether directly or indirectly. This includes:

*Sexually coloured remarks

*Physical contact and advances

*Showing pornography

*A demand or request for sexual favours

*Any other unwelcome physical,verbal/non-verbal conduct that is sexual in nature.

SC GUIDELINES

All employers…,whether in the public or the private sector,should take appropriate steps to prevent sexual harassement… (and) take the following steps:

Express prohibition of sexual harassment

The rules and regulations of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.

Private employers should take steps to include the prohibitions in the Standing Orders under the Industrial Employment (Standing Orders) Act,1946.

Appropriate work conditions should be provided in respect of work,leisure,health and hygiene to further ensure that there is no hostile environment towards women and no woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Where such conduct amounts to specific offences under the Indian Penal Code or any other law,the employer shall initiate appropriate action in accordance with the law,by making a complaint with the appropriate authority.

Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

What you can do

Women need to adopt an approach to deal with sexual harassment at work. Here are a few quick steps

# Try avoiding the colleague who makes you uncomfortable. If it is unavoidable,communicate your disapproval to the offender and tell him to stop his ‘inappropriate behaviour’.

#Keep a record of the incidence as soon as it happens. Gather evidence,write down the date,time and nature of harassment.

#Make a formal complaint to your direct manager or the HR department with all the evidence you have against the offender.

#File the complaint in writing and do a follow-up with the person handling the complaint.

#If your company doesn’t take any action,approach the National Commission for Women.

#Leaving your job should be your last resort.