Is it mandatory to have a policy of Sexual Harassment in every organisation?

"How you doing today, sexy?", "You look hot in that dress" or that inappropriate touching at the shoulder or derriere. Majority of you must heard this or dealt with this at your workplace but the important question is what did you do about it.  

There is a fine line between "You look nice today" and "You look nice today" with a grin and ogling chest-level stare. Sexual harassment is a grave issue that is snowballing at the workplace. An amicable work environment is important for success and improvement of the company and an individual self. The surge in sexual harassment cases not only leads to low productivity but also affects the life of the employees.

7 out of 10 women in India have admitted to being subjected to sexual harassment at the workplace in some form or the other. Fortunately, the Government of India has laws that strictly prohibit companies, however big or small, old or new, from sexual harassment. The concern is the lack of implementation of these laws and the desensitization of the issue.

To understand the gravity of the situation better, let's look into the situations that build up to this issue.

 

 Strike 1

However cliched it may sound, a few situations that contribute to this phenomenon are passing of lewd remarks at co-workers, offering perks in exchange of sexual favours, and unwanted touching. The Government of India laid out Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 that prevents and prohibits the Commission of acts of sexual harassment as well as provides resolution. According to National Commission of Women, there were 339 complaints reported till December 2014.

It is a matter of great concern that victims of this horrifying act do not report the incident and suffer mental trauma affecting their professional as well personal lives. There is a high possibility that this happens because of sheer embarrassment or discomfort at being subjected to a series of questions to furnish the details. Unlike bigger companies, where they have designated human resources staff to handle the matter and sometimes even a psychiatrist to provide psychological help, smaller companies fall prey to the risk of mismanagement. Reporting such cases come with a stigma attached to it. Which is why 70% of the cases go unreported because the companies are smaller enough that lose the touch of professionalism as all employees consider each other friends.

 

Break the Silence

However, this shall not limit someone from reporting any inappropriate behaviour. Perhaps positive change is needed from the employers, employees, colleagues, friends and relatives that can help combat this evil issue in the society.

Here are few guidelines that should be practiced in order to avoid sexual harassment.   

       Don't mix business with pleasure

 

"The company represents a strict zero-tolerance policy towards such behaviour." Upon hearing or encountering any case should lead to heavy penalties or extermination of service.

Formulation of Anti-Sexual Harassment Policy

A strong and strict Anti-Sexual Harassment policy shall be put into practice by the company. The policy shall be read out to the employees at the time of joining to assure that no such behaviour shall be entertained at workplace. The policy shall be a complete framework consisting of guidelines for prevention, code of conduct and heavy penalties associated with it.

Internal Complaints Committee

 

"Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act" mandates the formation of Internal Complaints Committee that hears the complaints and carries out necessary procedure and investigation. The Committee should consist of 50% of women representatives and should have a female Chairperson to resolve the issue. In some special cases, when the act of sexual harassment is grave enough, victim(s) can always lodge an FIR at nearest police station of the workplace and seek judicial help.

Follow Up

Under Vishakha Guidelines, it is the duty of the employer to provide an environment that condemns and prevents any act of sexual harassment and provides procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps. Non-compliance with the guidelines can lead to heavy penalty up to Rs. 50,000/-. A thorough follow up shall be carried out with the concerned parties to ensure the working of a resolution that is mutually satisfying.

Awareness programs and seminars

Annual seminars shall be arranged by the companies in the matter of sexual harassment policies and its consequences. The company shall make aware their employees of all the possibilities and penalties associated with the concerned act and shall also provide the contact information of their Internal Complaints Committee to deal with same.

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