A LAW THAT EVERY WORKING WOMAN SHOULD KNOW (Sexual Harassment At Workplace)

Sexual Harassment At Workplace 

usually one approach the court for own interest but there are some case which were beneficiary for   the whole nation. out of those cases one case was banwari devi case or vishakha case. this case forced Indian parliament pass the law against sexual harassment  at workplace .
  BUT Prior to the Visakha Guidelines, the workplace was dangerous for many women, especially in the case of sexual harassment. In 1992, Bhanwari Devi was gang-raped by upper caste men in her village as she tried to raise her voice against child marriage. Her vagina  swab was taken from her body 48 hours after the incident due to gross negligence. Ideally, this should be done within 24 hours. Shockingly, the judge presiding over his case (this was the seventh judge after the six others were removed) acquitted the accused, even stating, "Since the perpetrators were upper caste men , so rape could not happen. " This happened because Bhanwari was from a lower caste. After the acquittal over the acquittal, Visakha and some other women's groups filed a public interest litigation against the state of Rajasthan and the Union of India, forcing the latter to adopt Visakha guidelines, which now protect the working Women all over the country.

The Supreme Court had  made it compulsory for every state, union territory and regulatory body to implement a legal mechanism for implementing the guidelines issued in the 'Visakha' case, allowing employers to prevent sexual harassment. To realize and ensure this. Women at their workplaces.

A three-judge bench of the Supreme Court clarified that the guidelines issued in the Visakha case should be implemented not only in form but also in substance to ensure a safe and secure place and environment for a woman. Could. His workplace. The bench also states that there is a lack of a law and proper mechanism to address complaints of sexual harassment of women, such as women doctors / nurses or architects and even domestic workers and in other cases, because often Women are victims of sexual harassment. Often reluctant to accept it due to some social stigma / fanaticism, they think that it affects their dignity and respect in society.

Sexual harassment at workplaces is an expression of the continuing gender discrimination in society that is rarely recognized. The bench has also stated that if there exists a case for modifying old acts and bringing in new laws to protect women from indecency, humiliation and humiliation occurring in their workplaces, homes and other places, it would certainly Will react To educate girls and women in all fields and protect them from violence in all forms (eg domestic violence, sexual harassment at work); latter on  law was enacted by the Parliament namely Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 .

KNOW THE EXACT LAW OF SEXUAL HARASSMENT

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

 WHAT IS SEXUAL HARASSMENT AS PER LAW?

AS PER LAW OF 2013 SEXUAL HARASSMENT INCLUDES:

• .Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; .inappropriate questions or remarks about a person’s sex life
• .Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
• Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
• Unwelcome social invitations with sexual overtones, commonly seen as flirting
• Unwelcome sexual advances

According to the LAW, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

The Act specifies five circumstances that amount to sexual harassment. These are:

• Implied or explicit promise of preferential treatment in her employment
• Implied or explicit threat of detrimental treatment
• Implied or explicit threat about her present or future employment status
•  Interference with her work or creating an offensive or hostile work environment
• Humiliating treatment likely to affect her health or safety.

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognises the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act.

It further says such women can be “engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer”; they may be working for remuneration, or on a voluntary basis, a contract worker, probationer, trainee, apprentice, or called by any other such name.

The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, cannot be made public, as per the Act.

How to file a complaint of sexual harassment at workplace?

The 2013 Act says the aggrieved woman may make, in writing, a complaint of sexual harassment. However, a written complaint is not mandatory. If she cannot give a written complaint, the Act says, any member of the ICC “shall” render “all reasonable assistance” to her for facilitating it. Also, if the woman is unable to make a complaint citing “physical or mental incapacity or death or otherwise”, her legal heir may do so.

Time-frame for making a complaint to ICC

According to the Act, the complaint of sexual harassment has to be made “within three months from the date of the incident”. If such incidents have taken place over a time, the complaint should be made within three months from the date of the last incident. However, the ICC has the discretion to “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”. The ICC needs to record these reasons to exercise the right.

after a complaint is made?

Once a complaint is made, the ICC can offer conciliation under Section 10 of the Act. Before starting an inquiry, the ICC may “at the request of the aggrieved woman, take steps to settle the matter between her and the respondent though conciliation”. It is to be seen, however, that “no monetary settlement shall be made as a basis of conciliation”.

If conciliation is not an option, the ICC may straightaway forward the complaint to the police under RELEVANT SECTIONS OF IPC (word, gesture or act intended to insult the modesty of a woman) . Or, it can start its own inquiry and complete it within 90 days.

Enjoying powers similar to those of a civil court, the ICC can summon and examine any person on oath, can ask for production of related documents before it. During the inquiry, if the woman makes a written request, the ICC “may” also recommend her transfer, a three-month leave, or any other relief it deems fit. Once the inquiry is over, the ICC is to provide a report to the employer within 10 days, making available a copy of it to the victim too.

What happens after the ICC report?

If the ICC finds the allegations true, it will recommend to the company to take action against the accused for misconduct “in accordance with the provisions of the service rules”. In case the company does not have service rules, the recommended action may include disciplinary action, including a written apology, reprimand, warning, censure; withholding promotion/ pay raise/ increment; termination of service; counselling; community service.

The ICC can also recommend financial damages to the complainant. The amount can be decided taking into consideration “mental trauma, pain, suffering and emotional distress caused”, medical expenses incurred, loss of career opportunity, and income and financial status of the respondent.

Once the ICC furnishes its recommendations, the aggrieved woman or the respondent can challenge the report in a court of law within 90 days.

What happens to the ‘victim’ if her complaint is found to be false?

Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act deals with false complainant. If the ICC finds the complaint to be false, the Act says, it may recommend action against the woman or the person who has made the complaint. The Act, however, makes it clear that “a mere inability to substantiate a complaint or provide adequate proof need not attract legal action. Also, no action can be recommended against the complainant unless an inquiry establishes malicious intent on part of the complainant.