BENGALURU: With the #MeToo movement gathering steam in India, Karnataka State Women’s Commission (SWC) has sent notices to all private and government companies to report and confirm if they have set up the mandatory internal committees under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
It has also written to offices and managements of secondary and higher secondary schools, hoteliers, operators of beauty parlours and hostels among other business enterprises, asking them to report immediately about the existence of the committee.SWC Chairperson Nagalakshmi Bai told The New Indian Express, “I have sent out a notice asking all companies to adhere by the law.
I also intend to make a few changes in the way the committee is being formed. This will be decided soon. #MeToo is a great move and is letting many skeletons out of the cupboard. But more women should come forward and report.”
Many companies in the city have been organising workshops to educate their staff and committee members on what constitutes harassment, who can complain and what should be done when a harassment takes place. Suja Sukumaran of Enfold said, “These kind of workshops will benefit not only the staff but also the committee members. Many of them are unaware of the laws and guidelines of investigation or even formation of the committee.”
When asked if this is a knee jerk reaction, an HR manager of a private company said: “It is
okay even if it is a knee jerk reaction as something good will come out of it. There is a lot of confusion when it comes to the understanding of what amounts to harassment. Such workshops clarify that.”
Agreeing with this, a male employee from Nokia Networks said, “We have these workshops every three months, but this time we are having it next week, which is much earlier than before. Males employees in such workshops clearly understand what and how to even call a woman employee for coffee.”
What are these workshops all about?
When asked what is discussed in these workshops other than the law and nature of harassment, Ashwini N V, Director of Muktha (an initiative to prevent abuse and promote mental health), said, “In such workshops we also talk about psychological perspectives of what amounts to harassment and how to be aware of it. We also talk about how the most important of all skills is being assertive.”
She added that the workshops also discuss three types of consent - passive, implied and active. “Considering it is a yes to a sexual engagement because the other did not say no is passive consent. In implied consent the person considers it as a yes only because the other person did not refuse a cup of coffee or went out for dinner with him or her. Active consent is when two adults say yes with full awareness without any force or under the influence of an intoxicant.”
Workshops are regularly held on sexual harassment at workplace (prevention, prohibition and redressal) by Muktha Foudation, BTM Layout. Call 9663973500.
What amounts to sexual harassment?
Sexual harassment is any unwelcome sexual act that can make the person at the receiving end uncomfortable. It is of many kinds.
Verbal
Sexually coloured remarks and jokes targeting someone sexually, teasing, obscene phone calls, spreading rumours about a woman’s character.
Non-verbal
Staring at someone’s breasts while talking, sending lewd WhatsApp messages, vulgar pictures, emails soliciting sex, asking someone for nude pictures and recording videos of women.
Physical
Touching or smelling anyone without their consent, even stroking them amounts to harassment.
Law in place
Pramila Nesargi, senior advocate and former chairperson for SWC, explained that under Vishaka guidelines POSH Act was passed as per which all workplaces with at least 10 employees are required to constitute an internal committee to probe an allegation. The committee should have a minimum of four members, half of them women. The presiding officer will have to be a senior-level woman worker. The committee should also have an external member from an NGO on women’s rights or from a related area.
What amounts to sexual harassment?
Sexual harassment is any unwelcome sexual act that can make the person at the receiving end uncomfortable. It is of many kinds.
Punishment
Inappropriately touching a woman:
1-5 yrs’ jail and fine under Criminal Law Act, 2013.
Observing, capturing, distributing images of a woman without her knowledge:
1-7 yrs’ jail and fine under IT Act, 2000.
Using words, gestures to outrage a woman’s modesty:
3 ys’ jail and fine under Criminal Law Act, 2013.
Consensual sex with a subordinate:
5-10 yrs’ jail and fine under Criminal Law Act, 2013.