True Akshay, this time Twinkle’s punch was harder! Well, pretty much required, too. High-profile cases make people talk more and come forward to report unjustified happenings. While even the celebrities are not spared, imagine what common women have to go through.
Twinkle Khanna’s point is valid—usage of words such as ‘sexy’ in a professional environment is intolerable. In fact, the American Bar Association lists words such as ‘honey’ and ‘darling’ under the sexist language category in case used while referring to an attorney/party. The key point is: why should these words be used at all at workplaces?
Sexual harassment is classified as a form of sex discrimination. The United Nations, too, has recognised sexual harassment as a form of discrimination and violence against women.
Our country’s first and formal mandate against sexual harassment at workplace came in 1997 when the Supreme Court pronounced the Vishakha guidelines in the Bhanwari Devi gangrape case. Thereafter the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was promulgated in 2013.
Provisions of the Act extend to working women in all kinds of establishments such as private, government, multinationals, factories, shops and even to domestic workers. The term “sexual harassment” has been given wide meaning inter alia comprising physical contact, demand or request for sexual favours, passing sexually-coloured remark, showing pornography or any other unwelcome physical, verbal, or non-verbal sexual conduct.
According to the Act, establishments are required to formulate internal committees to deal with sexual harassment complaints.
Local committees are also required to be constituted in the districts for addressing complaints. Full-fledged enquiry has to be conducted on receipt of such complaint. In case the accused male is found guilty, he can be imposed with various penalties including dismissal, apart from salary deduction, which is in turn paid as compensation to the victim.
The case can also be referred to criminal court for prosecution. The victim woman, too, can be imposed penalty in case she is found to have filed a wrong complaint with ulterior motives. However, merely not being able to prove a complaint would not ipso facto imply filing of a malafide complaint.
Practically, it is only in rarest of rare cases an organisation ever holds a woman guilty of filing a false compliant as that may dither other women from coming forward.
The Act also directs organisations to furnish annual reports on the number of such complaints received, disposed off, pending and actions taken. In case of violation of various provisions, there can be serious penalties including cancellation of the company’s licence.
The basic problem in India is not the absence of laws, but their awareness and implementation. The situation is most deplorable in remote areas. The need is to spread awareness and proper checks. For instance, district officers and local committees should have websites listing names of even the smallest of the units existing in their jurisdiction along with the names of internal committees’ members.
Regular educational programmes and seminars should be conducted by such committees, wherein women should be educated about their rights as well as existence of such committees.
Training should be provided to all about the strict ban on behaviours which create an intimidating, hostile, or offensive work environment. Disciplinary and criminal actions should be taken and informed for creating strong deterrents.
If we have to prevent sexual harassment at work, we have to speak on the topic, talk about situations that might constitute sexual harassment, spread awareness of legal rights and also take strictest actions where the acts stand proved. raavibirbal@gmail.com