1.
1 Sexual Harassment:
The issue of sexual harassment at the work place has become an extremely
important factor which needs to be addressed strictly in accordance with law and
besets the precedence. It is paramount important to safeguard female employees
against any harassment, eve teasing, sexual related overtures, display of
pornographic literature and photographs and using conversing language which
results to enforcement, insult or harassment at the workplace.
M/s -------------------------------------------------- recognizes issues connected to
sexual harassment at the workplace and pledge to prohibit all such issues
through a committee comprising of an office-bearer of NGO, lady working
member and a reputed law practitioner.
DUTY OF THE EMPLOYER OR OTHER RESPONSIBLE PERSONS IN WORK
PLACES AND OTHER INSTITUTIONS.
It shall be the duty of the employer or other responsible persons in work place to
prevent to deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual
harassment by taking all steps required.
DEFINITION:
For this purpose, sexual harassment includes such unwelcome sexually
determined behavior (whether directly or by implication) as:
a) Physical contact and advances;
b) a demand or request for sexual favors;
c) Sexually colored remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
Where any of these acts is committed in circumstances where-under the victim of
such conduct has a reasonable apprehension that in relation to the victim’s
employment or work whether she is drawing salary, or honorarium or voluntary,
whether in government, public or private enterprise such conduct can be
humiliating and may constitute a health and safety problem. It is discriminatory for
instance when the women has reasonable grounds to believe that her objection
would disadvantage her in connection with her employment or work including
recruiting or promotion or when it creates a hostile work environment. Adverse
consequences might be visualized if the victim does not consent to the conduct in
question or raises any objection thereto.
PREVENTIVE STEPS:
The employer or person in charge of work place should take the following steps:
A) Express prohibition of sexual harassment as defined above at the workplace
should be notified, published and circulated in appropriate ways.
B) If any one is found guilty of the above act the same may be taken into account
and the penalty imposed on the offender as per conduct Rules.
C) Where such conduct amounts to a specific offence under the Indian Penal Code
or under any other law, the employer shall initiate appropriate action in
accordance with law by making complaint with the appropriate authority.
COMPLAINT MECHANISM:
Whether or not such conduct constitutes an offence under law or a breach of the
service rules, an appropriate complaint mechanism should be created in the
organization for redress of the complaint made by the victim:
A. Complaint Committee:
The complaints Committee should be headed by a women and not less than half of
its member should be women. Further, to prevent the possibility of any undue
pressure or influence from sensor level, such Complaints Committee should involve
a third party, either NGO or other body who is familiar, with the issue of sexual
harassment. The committee shall meet at least once in three months.
The Complaints Committee must make an annual report to the management
concerned of the complaints and action taken by them.
B) (i) That after the receipt of the complaint, the management immediately hand-over
the complaint to the committee.
(ii) On receipt of the complaint, the Committee will organize it’s meeting with the
complainants to enquire into the matter and intimate date, time and place of enquiry
to the complainant.
(iii) During such enquiry, the complainant shall be allowed to be represented by a
co-employee of her own choice.
(iv) The committee will have the right to ask any of the employees to appear
before it. The Committee can also investigate the matter from the employee against
whom the complaint is being made.
(v) After examining all the concerned, the committee will prepare its finding and
can also recommend the action to be taken.
ACTION TO BE TAKEN ON REPORT
That after the receipt of the report the Committee , the guilty be punished in
accordance with law including termination of his/her services.
