Theme: Sexual Harassment in the Workplace

Workplaces with more than 10 employees are required to set up a committee that specifically handles cases of Sexual Harassment. This is known as the Internal Committee. It must have^{(( Section 4(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):}

•  A presiding officer, who is a woman employed at a senior level
•  Three students, if the matter involves students
•  One member from a non-government organisation or association committed to the cause of women, or a person familiar with sexual harassment issues. This member will be paid.
•  Women as at least half of its members
•  No person in senior administrative positions as a member such as Vice-chancellor, Registrar, Dean, or head of department
•  A three-year term for members. Higher education institutions may also employ a system where one-third of the members change every year.

If the presiding officer acts in violation of their powers, they will be removed and a new nomination will take place((Section 4(5), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

The Internal Committee has to follow the regulations for taking complaints and making inquiries in a reasonable amount of time. The company or institution has to give the Internal Complaints Committee the things they need to make inquiries.

False complaints made on purpose or fake documents given to the committee are taken very seriously. If a victim or someone acting for them does either of these things, they could be punished based on the service rules of the workplace. If there are no service rules, the action taken against them can be decided by the Committee^{(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013))}. As punishment they may^{(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))}:

• Have to give a written apology
• Be given a warning or censure
• Not be given a promotion
• Not be given an increment
• Lose their job
• Have to have a counselling session
• Have to do community service

Just because a victim is unable to provide enough proof to the Committee, it does not always make her complaint false^{(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}. The Committee will have to find out if she made a wrong complaint on purpose.

For example, if Isha makes a complaint against Rohit but there are no witnesses, documents, or anything at all that shows there was sexual harassment, her complaint will not be seen as false. But, if Isha wrote an email to a friend telling them she was lying about the harassment happening, her complaint could be seen as malicious or false.

Any woman (student, teaching, non-teaching staff) of any age at a University campus can file a complaint of sexual harassment. Apart from workplaces, Universities also must work to prevent sexual harassment.

Colleges are required by law to have ^{(( University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015))}:

• Align their sexual harassment rules to the Indian law on sexual harassment
• Treat claims of sexual harassment seriously, punishing offenders harshly and making sure they face the proceedings required by law
• Make sure staff and students know what to do and who to turn to if they are a victim of sexual harassment
• Make sure that the campus is well-lit, secure, and safe
• Set up, train, and maintain an Internal Committee
• Prepare yearly status reports with case details and half-yearly reviews of how well sexual harassment policies are working.

You also have an option to file a criminal complaint if you are being sexually harassed at work. A Criminal Complaint, if proved, will put your harasser in jail. Criminal law in India makes the following acts illegal, allowing you to approach the police by filing an FIR or making a private complaint to the Magistrate:

Sexual Harassment

The following actions amount to the crime of sexual harassment under criminal law^{(( Section 2(n), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}:

• Physical contact and advances involving unwelcome and explicit sexual gestures; or
• A demand or request for sexual favours; or
• Forcibly showing pornography to the woman; or
• Making sexually coloured remarks.

Outraging a woman’s modesty, either by actions or by words

Using force against a woman, or even threatening to use force, knowing that doing so would ‘outrage her modesty’^{(( Section 354, The Indian Penal Code, 1860.))} . The law does not specifically define what outraging of modesty is. Courts usually determine it by looking at facts and circumstances surrounding the incident.

Forcing a woman to disrobe

Using force, or threatening to use force against a woman to undress her^{(( Section 354B, The Indian Penal Code, 1860.))} .

Voyeurism

Voyeurism is when you gain sexual pleasure from watching others when they are naked or engaged in sexual activity. However, as per Indian law, this crime is said to be committed if a person either watches or captures the image of a woman engaging in an act that she would usually perform only under the expectation that she would not be observed by anyone (the perpetrator included) private act^{(( Section 354C, The Indian Penal Code, 1860))} .

Stalking

Stalking is continuously following a woman or contacting her where she has clearly shown she doesn’t want the attention. This can be both online or in person. Stalking can take different forms such as^{(( Section 354D, The Indian Penal Code, 1860))}:

• harassing telephone calls,
• computer communications,
• letter writing, etc. or
• any other mode of unwanted and intimidating surveillance.

If you belong to an unorganised sector or a small establishment that does not have an Internal Complaints Committee, you can approach the Local Complaints Committee that has been set up by the District Officer.

The Local Committee accepts complaints from^{(( Section 6(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}:

• Women working in an organisation having less than 10 employees
• Domestic workers
• When the complaint is against the employer himself

The amount of money that victims will receive as compensation is based on the following things^{(( Section 15, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))}:

• Mental trauma and distress caused to the victim
• Lost job opportunities because of the sexual harassment
• Medical treatment (physical or psychiatric) that the victim needs
• The victim’s income and general financial status.

The Committee can decide whether this money should be paid over time in instalments or all at once.