Prevention, Prohibition and Redressal of Sexual Harassment in the workplace; All you need to know
A 2018 BSE survey puts a 15% increase in the number of sexual harassment cases in the workplace. According to a survey done by the Indian National Bar Association, 38% of participants had faced harassment at the workplace. This number included men too.
If those numbers don’t pull your focus, let’s talk about two rather important cases that are making the news right now – sexual harassment allegations by former employees against CJI Ranjan Gogoi and the assault, rape, and harassment charges against M.J. Akbar, a former minister and editor at a national newspaper.
Sexual Harassment in workplaces is real. It is a big worry and men in these situations seem incapable of adhering to the most basic tenets of human decency.
Women have to overcome the most ridiculous of disadvantages to get into workplaces as it is. The fact that they are women. (It’s 2019 if you still believe that women are treated equally, keep hiding under that rock. It will crush you eventually.) Since men still find it hard to believe that it’s real, let me illuminate you to what all can be considered sexual harassment.
Sexual Harassment
There’s unwanted compliments, unwanted focus, UNWANTED advances, INAPPROPRIATE touching, LEWD behavior, subtle SUGGESTIVE behavior, aggressive, sexual or violent gestures, DEMAND or request sexual favors, demand sexual favors in a quid pro quo setting, DISREGARD for personal space, disregard for personal safety, autonomy or position, constant unwanted gaze, splattering of sexist attitude via conversations and station, EXCLUSION from apparent manly activities or events, exclusion from decision making processes irrespective of position, SEXUALISATION of normal day-to-day activities and tasks and VICTIM BLAME in case any of the aforementioned things happen.
This is the reality of sexual harassment in workplaces. And sadly, every woman working in an environment that doesn’t enforce strict sexual harassment counters, has to face these. Every single day.
Sexual Harassment (Prohibition, Prevention and Redressal Act) 2013
The 2013 Act was a brilliant step in making things right. Law in its idealistic best is the standard of society. Sadly that is just empty idealism. However, what we do have is a set of laws that ensure the possibility of a future where proper enforcement can lead to a better standard for the same society.
The Act more popularly known as POSH (Prevention Of Sexual Harassment) Workplace Act was designed to understand, recognize and provide a safe work environment for women. To ensure that it is a right. A right is given to a woman irrespective of her age, employment status or working hours.
Sexual Harassment occurs in every other workplace. The only way to combat it with real tangible results is to increase knowledge create awareness about the rights of a working woman.
The Act states in no uncertain terms ensure how corporations are to create a safe work environment and deal with issues arising out of sexual harassment complaints.
The sorry state of affairs comes into light especially when you consider a proper sampling of corporate. Suppose there are a hundred companies in question. Ten of them strictly enforce all the compliances. Fifty merely fulfill the obligation while the rest don’t even bother to comply. And that is Indian corporate planning in a nutshell. All about the perceived value, none of the worth.
5 Things Every Woman Should Know About The POSH Act
Awareness about the POSH Act can only help ensure enough confidence in you to deal with situations where you feel uncomfortable.
1. You are covered under the Act
Any working woman is covered under the Act irrespective of your working status. You could be an intern, part-time worker, executive or freelancer.
2. Understand what qualifies as harassment or grievance
I have already mentioned all the things that can be considered sexual harassment. Whether it is verbal or non-verbal. This means you should ensure the strictest action when such matters are being coerced or threatened.
3. Understand when, where and how to complain
There are set committees within and local ones that need to be set at companies to address these complaints. You can read more about them online at the government’s own service portal here.
4. Understand your rights in situations where you feel threatened
If you file a complaint, it is understandable that you may feel threatened by the people you made it against. In this case, you can request a temporary leave of absence until the matter is resolved, transfer to a different branch or other relief as deemed necessary by the law.
5. Understand the powers of the committee you make the complaint to
Internal committees have the power to deduct salaries or as land arrears. Any number of things based upon the complainant’s determination of compensation.
Hopefully, these few things will help you understand the POSH Act better and engage in a safer workplace environment. To a safer India!
