Awareness About Prevention of sexual harassment of women at workplace (POSH)

Indian Law on Sexual Harassment

The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. It was passed by the Lok Sabha on 3rd September 2012. It was passed by the Rajya Sabha on 26th February 2013. It extends to the whole of India.

Definition of Sexual Harassment:

Sexual harassment is a type of harassment technique that relates to a sexual nature and the unwelcome or inappropriate promise of rewards in exchange for sexual favors.

Harassment can occur in many different social settings such as the workplace, the home, school, churches, etc. Harassers or victims may be of any gender.

Some Important Definition:

“Sexual Harassment” includes: Any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:

1. Physical Contact
2. A Demand or Request for Sexual Favors
3. Making Sexually Colored remarks
4. Showing Pornography
5. Any Other Unwelcome Physical, Verbal or Non-Verbal Conduct of Sexual Nature

“Workplace” includes:

Any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society.

Any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service;hospitals or nursing homes; any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey; a dwelling place or a house; 

“Aggrieved Woman” Means:

In relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;

In relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house;

“Respondent” Means:  

A person against whom the aggrieved woman has made a complaint under section 9;

“Internal Committee” means an Internal Complaints Committee constituted under section 4;

1. Chairperson of Committee should be a women employee of the organization
2. Secretary of Committee can be any employee of the organization
3. One senior employee (Men)
4. One senior employee (Women)
5. One Outside Member from Any NGO, who is well aware with women issues

“Presiding Officer” Means the Presiding Officer of the Internal Complaints Committee nominated under sub-section (2) of section 4;

Roles and responsibilities of the Committee:

• Prevent discrimination and sexual harassment against women, by promoting gender amity among employees, patients and/or visitors
• Make recommendations to the Administrator to lay down procedures for the prohibition, resolution, settlement and prosecution of acts of discrimination and sexual harassment against women, by the employees, patients and/or visitors
• Deal with cases of discrimination and sexual harassment against women, in a time bound manner, aiming at ensuring support services to the victim and termination of the harassment;
• Recommend appropriate punitive action against the guilty party

Procedure for Approaching Committee

The Committee deals with issues relating to sexual harassment at your hospital. It is applicable to all staff, patient and visitors. A complaint of discrimination or sexual harassment may be lodged by the victim or a third party. A written complaint may be addressed to the Convener of the Committee. If the complaint is made to the Administrator or any of the Committee members, they may forward it to the Convener of the Committee Against Sexual Harassment.

Here it should be noted that according to the Supreme Court guideline Sexual harassment can be defined as "unwelcome" sexually determined behaviour (whether directly or by implication) as:

Process of Filling a Complaint:

1. Report Incident
2. Complaint to Internal Complaint Committee
3. Notify Respondent
4. Get Response
5. Does Respondent Agree?
6. Enquiry
7. Findings & Recommendation Report
8. Settlement or Punishment
9. Action 

Decision Making:

A thorough discussion of the agenda shall be done by the committee members and based on their suggestion and recommendations the issue shall be weighed. Also as and when needed any kind of trial study may be performed and based on the outcome of it the committee will decide on that issue.

The decision of the committee will be finally taken by a majority vote and that shall be implemented.

Few Steps to Preventing Sexual Harassment in Your Workplace:

1. Understand the definition of sexual harassment:

All staff should understand what is meant by sexual harassment. Here are some examples:

• Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments.
• Touching and any other bodily contact such as scratching or patting a co-worker’s back, grabbing an employee around the waist etc.
• Repeated requests for dates that are turned down or unwanted flirting.
• Transmitting or posting emails or pictures of a sexual or other harassment-related nature.
• Displaying sexually suggestive objects, pictures, or posters.
• Playing sexually suggestive music.

2. Incorporate training on harassment and discriminatory treatment in your workplace:

Mandate regular and ongoing training for employees and supervisors. Provide refresher training on an annual or as-needed basis. 

3. Ensure your workplace has a sexual harassment policy in place

Your organisation should publish a sexual harassment at work policy and ensure all staff are familiar with it. The policy should include clear whistle blowing and reporting procedures. If you are unaware of such a policy in your workplace, speak to your line manager about having one put in place.

4. Raise awareness

The most effective form of prevention is awareness. Those who are aware of behaviors that can be interpreted as harassment are less likely to behave in that way and more likely to notice any form of harassment. This short assessment will help staff measure their perception of sexual harassment in the workplace.

5. Have clear harassment reporting procedures in place

All staff must feel comfortable reporting any behavior that makes them or other staff feel uncomfortable. One thing we have learnt from the most recent allegations is that staff have protected, rather than reported colleagues behaving inappropriately at work.

6. Incorporate staff welfare into review meetings and appraisals

These types of meetings are more than just a chance to review your employees’ performance and achievements; rather, this is an opportunity to give staff a voice to report any staff that have made them or their colleagues feel uncomfortable.

7. Deal with any allegations and concerns immediately

Any instance whereby a fellow staff member or employee shares a concern with you should be dealt with as soon as possible. All the more so when it comes to sexual harassment in the workplace. The clear procedures in place should allow for the concern to be raised promptly and efficiently.

8. Have a dedicated person in place to review any allegations

Does your workplace have a dedicated staff member responsible for dealing with any concerns of sexual harassment? In a small or medium sized business this will often be an HR person, while in a larger organisation there should be a staff member dedicated to handling any concerns staff have (including all areas rather than just the area of harassment).

9. Zero tolerance policy

It goes without saying that there should be a clear zero tolerance policy towards sexual harassment in your organisation. Regardless of an employee’s stature within the organisation, should they be found guilty of sexually harassing a colleague or staff member there should be immediate consequences. If deemed necessary, a statement should be filed with the police.

10. Report any concerns immediately

If you feel someone in your organisation has behaved inappropriately towards you or you have concerns regarding a colleague, raise your concern immediately. Your company policy should highlight the importance of confidentiality so you can raise your concern without fearing any negative consequences such as docked pay or being fired.

Written By:

Kirti Dixit

H R Manager of Ingenious Healthcare Consultants Pvt. Ltd.

B.Sc., MBA in Human Resource Management, Post Graduate Diploma in Labor Law, UGC Net Qualified, PhD Scholar

www.skillsathi.in