Measures to increase the prevention of sexual harassment cases at the workplace.
Different ways to reduce sexual harassment taking place at different types of workplaces.
Author: Mr. Nilimesh Sen
Manipal University Jaipur.
ISSN: 2581-8465
ABSTRACT
MEASURES TO INCREASE THE PREVENTION OF SEXUAL HARASSMENT CASES AT WORKPLACES
- “No woman shall be subjected to sexual harassment in any workplace.” Section 3(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This section defines the aggrieved woman, workplace and sexual harassment as well as highlights key elements of workplace sexual harassment. It provides examples of behaviors through which a woman can experience possible professional and personal harm.
PROBLEMS THAT ARE STILL BEEN FACED
- The fear in the minds of women working in different conditions about the effect and consequences of making a complaint.
- No proper execution of the procedures of the act i.e. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Non-awareness of women and men that whether the act done by the accused is coming under sexual harassment or not and what are the remedies if any offence is done to them.
- No proper support and actions taken either by the employers and the omission of the duties given to proper authorities.
SOLUTIONS AND IDEAS THAT CAN SOLVE THESE DEFECTS AND PROBLEMS
Here are some basic methods that can cause the removal of those problems faced.
- Application of a secret email box
- Adding the provision of destroying records.
- Educating men more than women.
- Making the procedures of the act more friendly and easy-going.
- Changing the way of thinking of the people for the best effect of this act and preventing sexual harassment in the workplace.
Defining Sexual harassment
- “No woman shall be subjected to sexual harassment in any workplace.” Section 3(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- This section defines the aggrieved woman, workplace and sexual harassment as well as highlights key elements of workplace sexual harassment. It provides examples of behaviors through which a woman can experience possible professional and personal harm. It presents the user with scenarios from across-section of work contexts to build clarity on different forms of sexual harassment as identified under the Act.
WHO IS AN AGGRIEVED WOMAN
It includes all women whether engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer. They may be working for remuneration, on a voluntary basis or otherwise. Their terms of employment can be express or implied. Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, or called by any other such name. The Act also covers a woman, who is working in a dwelling place or house.
PROBLEMS THAT ARE STILL BEEN FACED
There are many problems which are still been faced even after having proper procedures and legislations like Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Some of them are stated below
- The fear in the minds of women working in different conditions about the effect and consequences of making a complaint.
- No proper execution of the procedures of the act i.e. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Non-awareness of women and men that whether the act done by the accused is coming under sexual harassment or not and what are the remedies if any offence is done to them.
- No proper support and actions taken either by the employers and the omission of the duties given to proper authorities.
FEAR IN THE MINDS OF WOMEN
The main fear that is present in the minds of women is what necessary steps is to be taken when any kind of sexual harassment is done to them. That whether to make a complaint or not and what will be its consequences if they file a complaint. There are some basic things that happen very frequently after complaining about by women.
Some of them are
- One of the main reasons is that the committee does a poor investigation and concludes that “there was no evidence that their sexual harassment policy was violated.” Now, she’s viewed as a troublemaker and a liar.
- Her work goes under a microscope, and suddenly the company finds her attitude poor or her work deficient.
- She’s fired.
- She can’t get another job because she has no reference and can’t tell the prospective employer the real reason she was fired.
- Hence just because of making a complaint even if the decision is in their side they face all these problems which at last affect their goodwill, value and their respect go to zero.
- Therefore until and unless there is no proper support for prevention of loss of goodwill and value, women will be afraid to take the right steps and fight for their dignity and inner value
NO PROPER EXECUTION OF THE PROCEDURES STATED IN THE ACT
Even after the formation of the procedures the steps stated in it are not able to be performed properly and completely the basic work takes a lot of time and the effect and decisions are not providing the right justice needed to be given.
When the district officer forms the internal complaints committee and local complaints committee to look after all the cases of victims of sexual harassment even then in many cases the decision is in favour of the accused and justice is not served to the victim.
Even after filing of the complaints these committee tries to settle down the case in monetary terms and it very rare in the case where any other decisions like termination of the harasser, or severe punishments are given by the employer.
Hence the full application of the act is not able to be done by the committee on the victims
NON –AWARENESS OF WOMEN AND MEN
One of the biggest reason behind the non-applicability and effect of this act is the non-awareness and knowledge of both women and men about the situations that are coming under the sexual harassment and what type of remedies are been given to the victim
The women have no idea that whatever action done by any of its colleagues or superior person is coming under the sexual harassment and they can actually file a complaint about this.
They don’t know that there are committees formed to look after these types of cases and that they can provide them proper justice for the act done.
Hence the women keep on sexually harassed for a long period of time affecting their both physical and mental conditions to a huge level.
Another main reason is that even we are able to educate the women but we don’t educate the men that the acts which are been done by them are coming under sexual harassment. And what will be its consequences?
SOLUTIONS AND IDEAS THAT CAN SOLVE THESE DEFECTS AND PROBLEMS
Here are some basic methods that can cause the removal of those problems faced.
- Application of a secret email box
- Adding the provision of destroying records.
- Educating men more than women.
- Making the procedures of the act more friendly and easy-going.
- Changing the way of thinking of the people for the best effect of this act and preventing sexual harassment in the workplace.
APPLICATION OF THE SECRET EMAIL BOX
This method will remove the fear in the minds of women for making a complaint
Here basically a separate and secret email box will be made by the committee with a unique registered id for every women.
Hence now when they will file a complaint no one will find out who particularly made the complaint except the committee and the complainant herself.
By this also the level of leaking of confidential information will be less and it will reduce the harm to the goodwill and respect the value of the women as the other working person will never know that this type of case has taken place.
The complaint made will reach directly to the committee without going to different levels of authority.
THE PROVISION OF DESTROYING OF RECORDS
This provision can be taken in the reference of the juvenile justice act, 2015 where according to section 24 it is stated that:-
Removal of disqualification on the findings of an offence.
1. Notwithstanding anything contained in any other law for the time being in force, a child who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law:
Provided that in case of a child who has completed or is above the age of sixteen years and is found to be in conflict with the law by the Children’s Court under clause (i) of sub-section (1) of section 19, the provisions of sub-section (1) shall not apply.
(2) The Board shall make an order directing the Police, or by the Children’s court to its own registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed:
Hence as stated in the j.j.act in the same way after giving the decision given by the committee even it is in favour of the victim or not. All those records will be completely cleared out from the name of the victim.
And by applying this provision even if the decision is not in the favour of the complainant, they should not be declared as fraud and the punishment given to them should be relevant and mostly in a compensational way and after that, all those documents should be destroyed from the records so that the future of those women doesn’t get destroyed.
Then only all those women will be free minded in making a complaint and they will not be afraid of the consequences of making a complaint as their will be no kind of loss to their job or their goodwill or there respect value.
CREATING AWARENESS AND GIVING KNOWLEDGE TO THE MEN
In the present scenario, we can clearly see that now the awareness and remedies against sexual harassment have been reached to the women category but still there is a need for the category of men.
Here men are still needed to be educated properly about the sexual harassment and what are its consequences if the act done by they are coming under the sexual harassment
Not only to women but also to men it is very much needed to be given the proper training about their way of working and maintaining their behavior that does not cause any kind of physical or mental harm to the women.
If the men will be educated and have knowledge that the act did might ked to sexual harassment and what will be its consequences then those men will always try to avoid from those things hence major way of reducing the sexual harassment by the men
These men should include all levels of authority and the proper training of them will, at last, reduce the sexual harassment in the workplace. They can be from the superior bosses to the lowest level of job given to a person.
Everybody should be trained and educated properly about all the procedures and regulations of the act. then only the women will mentally free without any type of pressure of the surroundings and working more efficiently
PROPER EXECUTION OF THE PROCEDURES AND FORMATION OF A SUPERVISORY BODY
One of the biggest reason as stated before is the no proper execution of the procedures and regulations present in the act by the designated authorities.
Until and unless there is no proper execution of procedures the effect of the act on the accused will not create any kind of difference and the accused will keep on doing the acts that are coming under the sexual harassment.
When the committee goes through all the procedures like calling of the complainant and respondents, doing an interview, investigating using the evidence, they have to keep a proper check over the way of doing all these things there should be no outside way and different from the procedures actually stated.
There are some basic things that should be kept in mind by the committees at the time of following the procedures it includes like
- Get aggressive.
- Insist on a graphic description of sexual harassment.
- Interrupt
- Discuss the complaint in the presence of the complainant or the respondent.
There must be a supervisory body that will keep a check on the working of the committees so that they don’t go outside there working way as prescribed under the procedures of the act
The body can file a complaint against the non-following of the procedures and also have the power to remove the members of the committee if they cause any kind of misuse of their power or any other case.
The body should not include any member of the employer and must be an outsider so that there will be a fair and just decision.
CHANGING THE WAY OF THINKING OF THE PEOPLE
Last but not the least for all these things to be made applicable and to reduce the sexual harassment the main thing we have to do is to change the thinking of the person who still believes that women can be easily dominated by the men and that they cannot develop to the level of the men hence they keep on harassing them and women keeps of suffering it
If we are able to give them the utmost support and ability to change their thinking that men are not above them and they have equal rights then they can fight over them
And if we are able to change the minds of the men that the women are also equal to them and that they should not dominate them whereas they must support them inequality and to get progress and proper development in their life then only the actual prevention of sexual harassment can take place.
And they should prevent and stop other male people who are trying to do the sexual harassment and to file cases or complaints against their activities and behaviors against the victims.