The law to make work place sensitive toward gender is in place but it still has a long way to go
Jasleen Kaur | January 16, 2015 | New Delhi
Even more than a year after the law on prevention of sexual harassment of women at workplace was enacted, most of the organisations are still struggling with the challenges of dealing with harassment and gender sensitisation.
To create a sense of understanding on the subject and to make the office environment more gender sensitive, eminent lawyer DP Singh and his team from Legal Audit Inc, a law firm which advises companies on structuring harassment policy, explained the law that aim to create better and safer workplaces for women. The law firm has investigated cases linked to sexual advances at work place.
Earlier there were the Vishaka guidelines, for use in cases of sexual harassment, formed by the supreme court. These guidelines were later superseded in 2013 by the Sexual Harassment of Women at Workplace (prevention, prohibition and redressal) Act.
Singh, who has conducted a series of gender sensitisation workshops, touch upon a variety of issues including creating awareness about employees' rights to protect them from sexual harassment and creating a conducive environment for women. He said that even today most of the Indian businesses are unable to comply with the new law.
He explained the law and what all constitutes harassment. Here are a few things you need to know:
What is sexual harassment at the workplace?
It refers to verbal or physical activity which may or may not be sexual, performed in workplace by a boss, manager, employee, client or customer of a working unit, that is unwelcomed by the person receiving it and has caused the person to feel violated, insulted, or made it an unbearable hostile environment.
What is the definition of law?
The Sexual Harassment of Women at Workplace (prevention, prohibition and redressal) Act, 2013. The Section 2 (n) says sexual harassment “includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:- physical contact and advances; or a demand or request favours; or making sexually coloured remarks; or showing pornography; or any other unwelcome physical verbal or non-verbal conduct of sexual nature.
What is the Section 3 of the Act?
“No woman shall be subjected to sexual harassment at any work place – implied or explicit promises of preferential treatment in her employment; implied or explicit threat of detrimental treatment in her employment; implied or explicit threat about her present of future employment status; interference with her work or creating an intimidating or offensive or hostile work environment for her or humiliating treatment likely to affect her health or safety.”
What are the forms of sexual harassment?
It can be verbal, physical, visual and psychological harassment.
What are the duties of Employer?
What are the penalties?
What are the mechanism for redressal and enquiry process?
What is the policy compliance?
Every company should have a policy which broadly covers the following:
Minister of state for communications (I/C) Manoj Sinha has launched BSNL’s satellite phone service that will be offered to government agencies in phase one and later opened for others. While unveiling the new service, Sinha said BSNL works where no other network is present.
The cabinet has given it’s green signal to raise bonds of Rs 2,360 crore for renewable energy. The bonds will be raised by the ministry of new & renewable energy (MNRE) through the Indian Renewable Energy Development Agency (IREDA), a Miniratna enterprise, during current fiscal.
Chief economic advisor Arvind Subramanian’s campaign for some sense in country ratings has finally found some success. Global rating agency Moody`s Investors Service has downgraded China`s long-term local currency and foreign currency issuer ratings to A1 from Aa3 and changed the outlook to stable fr
The low level of farmers` income and year to year fluctuations in it are a major source of agrarian distress. This distress is spreading and getting severe over time impacting almost half of the population of the country that is dependent on farming for livelihood, said a Niti Aayog policy paper.
The civil society has strongly criticized the Narendra Modi government that completes three years in office. Citizens’ Report: Promises and Reality tha
Improving the availability of health workers, particularly at the sub-centre level, has been one of the thrust areas of the national rural health mission (NRHM). Back in 2005, most of the sub-centres in the country were run by a single auxiliary nurse midwife (ANM). ANMs were overbu