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Prevention of Sexual Harassment Committee

Prevention of Sexual Harassment is a compulsory law in all organisations, globally and hence your organisation must have it. Workplaces should take deliberate measures to go beyond the basic POSH legal compliances and promote a healthier and safer working environment. Our consultancy is an expert in it.

Every organisation has an Internal Complaint Committee (ICC). We provide guidance and training to the ICC members, help them in evidence collecting efforts and conducting investigations, provide assistance in drafting policies and implementing them. We also provide training on creating awareness of ”What is not an appropriate behaviour at the Workplace”, along with that we discuss many other issues that will help you create a Harassment Free Workplace.

Here is the sample of the policy.

Please find Part of the Prevention of Sexual Harassment Policy attached here:

https://docs.google.com/document/d/1ujSHlrx6m7Dpahx5ZrUMD-wNuz4bW7IVeYk-M3XvjJo/edit?usp=drivesdk

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  PREVENTION OF SEXUAL HARASSMENT COMMITTEE

According to sexual harassment of women (prevention, prohibition and Redressal  )act 2013,it includes one or more of the following  unwelcome acts or  behaviour whether directly or implication namely:

• Physical contact or advances,                                                     
• A request or force for sexual favours or ,                            
• Making sexually coloured remarks or 
• Showing pornography or 
• Any other unwelcome physical , verbal ,non -verbal conduct of sexual nature. 
  1. Blocking someone’s path knowingly with the purpose of sexual advance.

   

  • Verbal conduct –
  1. comment on workers like-age , personal life ,appearance etc
  2. Sexual  comments , jokes , stories.
  3. Sexual advances.
  4. Telling lies or spreading rumor’s on personal life or sex life .                  
  5. Repeated unwelcome social invitations.
     • Non-verbal conduct-
     1.  Starting , stalking and whistling.
     2. Sexually suggestive gestures.
     3. Unwanted  sms /calls containing sexual comments.

      

     • Quid pro quo

     It occurs when

      (1) job benefit, including employment, promotion, salary increases, shift or work assignments, performance expectations and other conditions of employment are associated with the provision of sexual favours, usually to an employer, supervisor or agent of the employer who has the authority to make decisions about employment issues; 

      

      (2) The rejection of a sexual favour or request for sexual favour results in a tangible employment detriment, a loss of a job benefit.

      

     INSTRUMENTS TO CHECK SEXUAL HARASSMENT

      

      A range of measures to conflict   workplace sexual harassment have been developed at regional and international levels. All of them tend to conceptualize sexual harassment as a form of sex discrimination and a manifestation of violence against women. Some of these instruments are: 

      

     1. Universal Declaration of Human Rights, 1948 

     Articles 1, 2 and 7 speak about equality in dignity, rights and freedoms, and equal protection of men and women against any discrimination.

      

     2. International Covenant on Economic, Social and Cultural Rights, 1966

     the covenant enjoins all states to guarantee the rights enunciated in it without discrimination of any kind. States must ensure equality between women and men for the enjoyment of all economic, social and cultural rights established in the Covenant. The right to fair conditions of work is enshrined in Article 7.

      

     3. United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979 

     Adopted in 1979 by the UN Assembly and ratify Adopted in 1979 by the UN Assembly and ratified in 1993 by India, CEDAW identifies discrimination on the ground of sex as a clear violation of Human Rights. By ratifying the Convention, States commit themselves to (1) incorporate the equality of men and women in their legal system and abolishing all discriminatory laws;

      (2) Establishing tribunals and other public institutions to ensure effective protection of women against discrimination; and

      (3) ensuring elimination of all acts of discrimination against women by persons, organizations or enterprises.

      

     4. The UN World Conference on Human Rights, 1993

      Held in Vienna in 1993, the UN World Conference on Human Rights identifies sexual harassment as a case of Human Rights violation and treats it primarily as a form of violence against women. 

      

      

     5. Declaration on the Elimination of Violence Against Women, 1993

      Adopted in 1993, the declaration outlines the steps which states and the United Nations should take to address gender-based violence against women. It defines violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public ore in private life. It makes clear that states should take steps to eliminate any custom, tradition or religious consideration to prevent, investigate and, in accordance with national legislation, punish acts of violence against women.

     HOW  TO  STOP  SEXUAL HARASSMENT  AT  THE WORKPLACE : GUIDE  FOR EMPLOYEERS

      

     Sexual harassment needs understanding, assessment, sensitivity and commitment from all quarters but most importantly from the senior management. A strong will at the top and a series of well thought out preventive and curative measures, can together ensure sexual harassment free workplace environment. Given below a list of recommended measures for employers to express their commitment to end workplace sexual harassment and create a conducive work environment for employers  in their workplace .

      

     1. Employers should recognize the following

      

     • First and foremost, acknowledge that it is our legal as well as moral responsibility to provide free workplace environment for employees 
     • Understand that sexual harassment can devastate health, confidence morale and performance of victim. Impact of sexual harassment can also hit organization’s performance as the anxiety and stress produce by it leads the victim to take time off work due to sickness, reduces efficiency, or forces the victim to leave job 
     • Understand the reasons why the victim remain silent about sexual harassment. An absence of complaints does not necessarily mean an absence of sexual harassment. It may mean that the victims of sexual harassment believe that there is no point in complaining because: 
     • Nothing will be done about it
     • It will be trivialized 
     • The complainant will be subject to ridicule 26
     • The fear reprisals.

      

     2. Adopt a sexual harassment policy

     An effective measure to prevent sexual harassment at the workplace is to adopt a comprehensive sexual harassment policy. The aim is to ensure that sexual harassment does not occur; and if it occurs, adequate procedures are readily available to deal with problem and prevent its occurrence. The policy should include –

     I) An express commitment to eradicate and prevent sexual harassment 

     ii) A detailed definition of sexual harassment at the workplace. Scope of the policy  i)An explanation of penalties ii) A detailed outline of the procedure employees should use.