Day 13: Friends@Prajnya Twitter Takeover: "Workplace Sexual Harassment and the Law" || @MumbaiCentral & @AkilaRS1

    On December 7th, 2020, from 11 AM to 1 PM, we had Amba Salelkar (@MumbaiCentral) and Akila RS (@AkilaRS1), lawyers and founders of Paarvai Advisors tweet about "Workplace Sexual Harassment and the Law":

Hello Hello from Amba and Akila from Paarvai Advisors and we are honoured to be taking over the Prajnya handle today to talk about all things related to sexual harassment at the workplace #metoo #prajnya16days #nosgbv (07/12/2020, 11:06AM)

Akila RS here. Full-time litigating advocate based in Chennai, Fometimes academic. Co-Founder of Paarvai Advisors. Ask us anything related to Sexual Harassment at Workplace. #prajnya16days #nosgbv (07/12/2020, 11:06AM)

Amba Salelkar, also co founder, based in Chennai. I work with the International Disability Alliance on Capacity Building of Persons with Disabilities but I come from a background of 7 years of crim lit with a lot of GBV work (07/12/2020, 11:06AM)

We have worked with a range of organizations, corporate entities, institutions - public and private sector to help them develop anti sexual harassment policies to ensure that they can retain the gender based diversity they have at the workplace. #nogbv #prajnya16days (07/12/2020, 11:11AM)

We have also served as external members to organizations to ensure impartiality and bring a legally informed perspective to inquiries. #nogbv #prajnya16days (07/12/2020, 11:11AM)

So today, we are mostly here for an #AMA on all things related to anti sexual harassment law and policies, but along the way we will share some resources if you'd like to know more about the situation on the ground. (07/12/2020, 11:16AM)

@swarraj: Hey, Amba and Akila, thanks for doing this? I have a question, actually about testimonies. When the complainant is #illiterate, what's the best practice for recording a complaint and what's an acceptable practice. (07/12/2020, 11:18AM)

@prajnya: Great Qs. The Complainant can approach the organisation/IC, and the IC can help reduce the complaint into writing. A good practice that has emerged is for orgs to have facilitators who support anyone who requires support in reducing things into writing. (07/12/2020, 11:24AM)

@prajnya: Support to write out complaints can also be a good reasonable accommodation for some persons with disabilities, or some people who may be in distress over the violence they have faced. (07/12/2020, 11:24AM) 

@prajnya: Always remember that any statement/testimony of the complainant should be read out to them in the language they are conversant with. #16DaysOfActivism #prajnya16days #nogbv (07/12/2020, 11:31AM)

@Shakthi_2016: Hi Amba and Akila, could you list some best practices in terms of addressing WSH complaints that are not mentioned explicitly in the 2013 law? Thanks! (07/12/2020, 11:59AM)

@prajnya: We love these questions, so please bear with us and our long responses :) We've spoken about some, like training facilitators to support complainants. But here are a few more and shoutout to some of our clients who helped us put these to practice. #prajnya16days (07/12/2020, 12:14PM)

@prajnya: Hold inquiries away from the main workplace. If you want to ensure confidentiality, and a safe space for the inquiry, find a suitable venue and organize transportation for the parties, witnesses etc. Don't hold inquiries in glass door conference rooms!!!! (07/12/2020, 12:14PM)

@prajnya: Documentation is key. Assume that everything is going to be appealed. Witness statements should be recorded on audio and transcribed. Ensure these are stored safely. Minute IC meetings. Ensure detailed reports where all aspects are discussed. (07/12/2020, 12:14PM)

@prajnya: Train train train the IC, all members. We cannot stress this enough. Inquiries don't come naturally to ANY of us (including lawyers!) so all of need to be trained to recognize our own biases, what the inquiry purpose and outcomes should be and principles of natural justice. (07/12/2020, 12:14PM)

@prajnya: Also remember that IC is supposed to work together to arrive at conclusions so the training also needs to be about creating that safe space for discussion and debate within the committee. #prajnya16days #nogbv (07/12/2020, 12:18PM)

@prajnya: First meeting of the IC - use opportunity to find out from the complainant her fears and concerns about the process and address them. Ask, don’t assume. Does she want leave, or does she want her seating arrangement to be changed, is there* (corrected) an appraisal coming up #prajnya16days (07/12/2020, 12:18PM)

@prajnya: Have a diverse Internal Committee. The law has a requirement of seniority for the Chairperson, but don't limit the others to HR and legal. Train more people than the minimum to account for conflicts of interest and unavailability. Ensure participation across intersectionalities. (07/12/2020, 12:27PM)

@iissarayu: Hi Amba and Akila! Could you talk a bit about jurisdiction in sexual harassment laws and policies? (07/12/2020, 11:29AM)

@prajnya: Thanks for this question! The answer is going to take a while, so #thread alert time #prajnya16days #POSH #sexualharassment #nogbv (07/12/2020, 11:43AM)

@prajnya: Sexual harassment at the workplace can *also* be a crime - see Section 354A IPC https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=395 as well as other offences under the IPC. So one can register an FIR with the police station that has jurisdiction. (07/12/2020, 11:43AM)

@prajnya: IC committees take take up matters filed within 3 months of the alleged date of commission. In appropriate cases, this time period can be extended by 3 months at the discretion of the IC. #prajnya16days #nogbv (07/12/2020, 11:49AM)

@prajnya: The IC committee can take up cases that happen 'at the workplace' which is any place that an employee may be in connection to or related to employment. So: work travel, conferences, offsites and now, even if you're working from home (07/12/2020, 11:49AM)

@prajnya: The Respondent, or person being accused of sexual harassment, must be an employee of the organization whose IC receives the complaint. A complainant can be any woman who encounters the respondent at the workplace - a fellow employee, a client, customer etc. (07/12/2020, 11:49AM)

@prajnya: On the point of time and delays: if the complainant approaches the IC belatedly, good practice of org to still look into the complaint and use the opportunity to investigate whether the workplace is a safe space and how to make it safer for its employees (07/12/2020, 12:00PM)

@prajnya: Anecdotally neither of us have seen ICs refusing to extend the limitation to the discretionary additional 3 months. Also remember, its 3 months from the "last offence" so even if it happened a while back the respondent may have triggered the complainant again in some way. Ask! (07/12/2020, 12:00PM)

Here is a report by @hrw on the Prevention of Sexual Harassment Act highlighting issues faced by women in the informal sector #MeToo (07/12/2020, 11:18AM)

Here is a recent report by @UN_Women on sexual harassment of women with disabilities at work and on campus https://unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/discussion-paper-sexual-harassment-against-women-with-disabilities-en.pdf?la=en&vs=1256 #prajnya16days #nogbv (07/12/2020, 11:29AM)

Here's a poll! If you work in an organization with more than 10 employees (who could be full time/part time/consultants/volunteers) do you know if your org has an anti sexual harassment policy? (07/12/2020, 11:37AM)

Alright, another thread - here are some #DidYouKnow tweets on the anti sexual harassment law. #Didyouknow that if your organisation does not have an Internal Committee, you can approach the Local Complaints Committee of your district? (07/12/2020, 11:54AM)

#Didyouknow that you can also approach the Local Committee if you have faced #sexualharassment by the head of your organization? #prajnya16days #nogbv (07/12/2020, 11:56PM)

#DidYouKnow that unpaid interns, consultants, ad hoc/temp workers, full-time employees, volunteers can all make complaints under the POSH Act if they experience sexual harassment at the workplace? #nogbv #prajnya16days (07/12/2020, 12:02PM)

#DidYouKnow that the IC process is completely confidential under Section 16 & 17 of POSH Act and disciplinary action can be taken against employees who violate as a breach of the org's code of conduct #nogbv #prajnya16days (07/12/2020, 12:05PM)

So here we need to clarify - because this comes up a LOT - confidentiality is different that anonymity. Processes are confidential re the organization, but the name of the complainant and details will be provided to the respondent. This is necessary to ensure due process.(07/12/2020, 12:22PM)

This is where the interim measures become so important. #prajnya16days #nogbv: (Tweet Link) (07/12/2020, 12:23PM)

#Didyouknow that ICs have to be reconstituted every 3 years? It's important that the best practices that the organization has developed on inquiries continues even with the reconstitution, so make sure that as HR or management, this is kept in mind. (07/12/2020, 12:40PM)

@DorodiSharma: @prajnya Very basic question, what is the first piece of advice if someone is going through sexual harassment at work or if somebody one knows is going through such harassment? #MeToo (07/12/2020, 12:22PM)

@prajnya: Thank you for this question, its probably the most relevant to the largest number. If you are facing sexual harassment, recognising and coming to terms with sexual harassment is hard. Seek help from colleagues, friends, family. Remember its not your fault, ever. (07/12/2020, 12:33PM)

@prajnya: Even if you aren't sure about filing complaints, backup any evidence you have on your phone or email (photos, whatsapp chats etc.). Remember its OK to not have eye witnesses! Its rare to have cases with eye witnesses. A witness could even be a friend you confided in at the time. (07/12/2020, 12:33PM)

@prajnya: If you know someone who has faced sexual harassment, support them without judgment. Most women do not report sexual harassment because of fear that they will not be believed; that they will be subject to rumour-mongering and that they will be isolated. (07/12/2020, 12:33PM)

@prajnya: Please volunteer if there is an opportunity for you to stand as a witness because you saw something or because the complainant informed you of what happened. It can make a huge difference. #nogbv #prajnya16days (07/12/2020, 12:33PM)

@prajnya: As HR/employer, ensure that the employees know about the org’s anti-sexual harassment policy and how to activate the complaints process. Build up their confidence that they can use it without fear that they will be victimised at work. This includes people who may be witnesses. (07/12/2020, 12:34PM)

@prajnya: The employer should also ensure that complainants are providing assistance where required, which included referral services re lawyers/police if she wants to register FIR; and access to mental health services or supports if this is something that they require as well. (07/12/2020, 12:37PM)

The law talks about prevention, prohibition and redressal. The only effective way to prevent sexual harassment is through awareness and advocacy. Go beyond the mandate in the law; ensure frequent resource-sharing about sexual harassment whether it be through emails or posters. (07/12/2020, 12:43PM)

We've seen plenty of instances where organizations have told us that we only need to train the women staff on prevention of sexual harassment at the workplace. (07/12/2020, 12:43PM)

Taking this opportunity to also plug this related webinar this evening focused on women with disabilities and the #metoo movement where @MumbaiCentral  gets to wear both her hats https://twitter.com/RisingFlameNow/status/1332657707434745856 #16DaysOfActivism (07/12/2020, 1:04PM)

Alrighty then, that's a wrap from @AkilaRS1 and @MumbaiCentral  - thanks for your time and attention this Monday morning and hope you have a great week ahead. Keep following the #prajnya16days movement and please tweet at us if you have more questions on #POSH Thanks!!! (07/12/2020, 1:05PM)

Day 12: Should we separate the art from the artiste? A Debate

A debate on whether we should separate the art from the artiste

As part of the campaign, SAHA hosted a debate on the following topic: Should we separate the art from the artiste? The idea was to explore different perspectives on how to think about issues concerning sexual harassment in the arts and to consider whether addressing gender violence requires us to separate the art from the artiste. The debate featured the following artistes:

·       Akshay Anantapadmanabhan

·       Roopa Mahadevan

·       Shreya Devnath

·       Sikkil Gurucharan

·       Vidya Kalyanaraman and

·       Vishnudev KS

 

Before the debate began, Gayathri Mani introduced SAHA. She pointed out that SAHA is an organization comprising a group of artistes, art enthusiasts and students of the art, who have come together to address a need to converse more openly about issues related to sexual harassment and gender violence in the arts.

 

The speakers were divided into two teams of three participants each. Team A argued that art cannot be separated from the artiste, while Team B argued the converse. The opinions expressed by the speakers were not their personal opinions and the intent of the debate was only to initiate discussions on Sexual Harassment and Gender Violence. It was also made clear that the speakers were not addressing the debate from the point of view of victims of sexual harassment.

 

Some of the arguments raised by the speakers arguing that art cannot be separated are summarized below:

·       If artistes cannot separate art that they create from their daily activities, then the art is an expression of themselves, consciously or sub consciously.

·       In the context of the MeToo movement, a breach of trust by an artiste will affect both the art and the artiste.

·       Classroom being an informal space, parents of the students should have open discussions with their children on what happens in the learning space.

·       Student’s family has to create a protective and safe space, for the students to discuss freely all the matters happening in the classroom.

 

A summary of the arguments put forth by the speakers arguing that art can be separated from the artiste are as follows:

 

·       Art that flows through an artiste is not only a product of who they are and does not stem from the core personality of an artiste.

·       Separation of art and artiste is good for both, since ultimately art transcends artiste and it exists independently of artistes.

·       Once art leaves the artiste, it has a life of its own.

·       What we want from an artiste gets broken when we learn something about who the artiste is as a human. Therefore, in order to prevent sexual harassment and gender violence, the art must be separated from the artiste.

 

The session ended with the participants concluding that gender violence and harassment has to be seen from various perspectives. Further, that victims have to be prioritized and resources have to be provided to victims.

You can watch the session here.

Report prepared by the SAHA team.

Day 11: Boundary-setting & Safety in the Indian Arts: A Guided Discussion by CAREspaces

Parents: A Child's First Safe Space

Pictured: From left to right (top row) Janani Ramesh, CAREspaces Executive Member (Ratipriya Suresh), Neha Krishnamachary, Rajeswari Satish, (middle row) Nivedita Sridhar, Srimathy Mohan, Radhamani Varadhachary, Arun Mahadevan, (bottom row) Meera Seshadri, Sachin Pendse (CAREspaces Executive Member).

 Screenshot courtesy: Aisvarya Chandrasekar (CAREspaces Executive Member)

On December 6, 2020, Prajnya partnered with CAREspaces, a nonprofit organization aiming to provide tangible measures for more conscientious and ethical workspaces in the Indian arts communities. “Boundary-setting & Safety in the Indian Arts” was a guided, online discussion for parents on recognizing safety concerns, how to speak to children about it, and how to move forward to safety. Moderating the discussion were co-founders of CAREspaces– Janani Ramesh and Neha Krishnamachary. Speakers included parents, students, and teachers, most of whom are current performing artists local to the USA– Nivedita Sridhar, Radhamani Varadhachary, Rajeswari Satish, Srimathy Mohan, Meera Seshadri, and Arun Mahadevan. The speakers provided relatable voices by sharing their honest, lived experiences, reinforcing that CAREspaces is an organization for all members in the Indian arts space. Here are five key takeaways from this discussion, combining all speakers’ thoughts:

1. Recognize. There is a difference between disciplining and degrading. Teachers should ask students what is convenient for them– respectability is what cultivates a relationship, not authority. Cultivating joy for an art form should come before cultivating the art itself, if one wants the student to take ownership of their learning.
   
   

2. Prioritize. Harassment often starts as an ego play from teacher to students and families– not offering room to say no, berating them for qualities they may not have inherently (e.g. cultural knowledge, body type), demeaning them for their financial status, not giving constructive criticism, threatening the loss of opportunities, commenting on or restricting students’ personal lives, etc. This sets the student up to seek external validation. Instead, teach art for art’s sake– focus on enriching students’ understanding of the art, accept your limitations as a teacher, encourage questions and sharing individual perspectives, and prioritize teaching self-awareness & safety from an early age. This gives power back to the child.
   
   

3. Care. Talking about harassment, both sexual and non-sexual, can be a vulnerable moment for both the parent and child. Parents need to be supportive and supported. Parents' first words in a conversation where a child discloses discomfort need to be, “it is not your fault. What do you need right now to make you feel safe?” If the child asks an unexpected question, it is okay to admit that you are still figuring it out.
   
   

4. Listen. Children may be testing waters by revealing only parts of what makes them uncomfortable– it is important to not ignore signals or information. Parents need to role model asking questions about what makes them safe or uncomfortable, making them aware of their existing internal checkpoints. Discussion should be encouraged between parents & children and parent & teachers, and it should be easy, simple, and regular.
   
   

5. Reroute. Leaving your current situation does not have to mean loss of opportunities. As a student or parent: research and connect with what else exists out there, map out your options, know that you have alternative places to go. As a teacher or organizer: use your platform to express allyship, reach out to other local organizations and ask them what they are doing to create a safe space and safe opportunities for students to perform.  Ideally organizations should have an independent and objective Internal Complaints Committee to access matters of misconduct. Parents should maintain an active network of trusted peers– both young and experienced– to familiarize themselves with the Indian arts space before committing their child to a teacher.

The YouTube live event had over 150 attendees, spanning all ages and multiple roles within the Indian arts community– self-identified students, organizers, teachers, parents, performers, and rasikas/aficionados. Many were from the USA, several from India and other countries as well. Both the speakers and audience kept engaged for the full duration, speakers responding directly to one another’s narratives while the audience shared thoughts and questions on the live chat.

For a deeper dive, you can watch the full discussion on YouTube. For more information on CAREspaces, follow them: on Facebook or Instagram.

Reporting Credit: Sutikshna Veeravalli and Krithika Rajkumar (CAREspaces Executive Members)

Intersect: Summary of discussions

INTERSECT: A CONSULTATIVE DIALOGUE

December 7, 2010

Summary

College students in the city continue to face sexual harassment on the street and while using public transport. This was discussed at Intersect, a consultative dialogue between students and the Chennai Police, facilitated by Prajnya as part of the 2010 16 Days Campaign against Gender Violence.

The focus of the discussion was on safety in public spaces, looking primarily at issues of sexual harassment. Each college was represented by two students, majority of whom were office bearers or student union members. Students were given an opportunity to briefly present their key concerns:

• Anna University identified misbehaviour by men in buses, and frequent phone calls from strangers as key issues. They also identified their college bus stop as not very safe, particularly in evenings.
• Students of Ethiraj College identified Crescent Avenue as well as a tea shop outside the college where men gathered frequently to smoke and pass comments as their main problems.
• Student representatives from Hindustan College identified the urgent need for more sustained, direct contact between the student council and the police.
• For students of Madras Christian College, harassment on the trains, especially in the general compartments, was a real concern; given the college’s location in Tambaram, several students travel daily by train.
• The presentation by Meenakshi College students reiterated all these issues.
• Students of Queen Mary’s College described their helplessness when strangers took photos or videos of them on their cell phones; students also faced issues with drunk men loitering around bus stands and sexual harassment on buses.
• Students from Women’s Christian College observed that girls who travel to college on bikes are often followed by groups of men or boys and harassed.

In their turn, the police officers responded to these observations by the students, describing several potential solutions:

• Inspector Ariyamala described the 1091 helpline number, pointing out that it functioned as a 24 hour helpline for women in distress.
• Inspector Muniandi advised the students to always note down the IMEI number of their cell phones; this information can be used in the event of any cell phone-related crimes.
• Inspector Jawahar pointed out that most eve-teasers were students themselves and for that reason, prosecution is near impossible. “Families also believe that the girl’s future will also be spoilt if she is associated with a court case and they hesitate to come forward. If one college registers a case and we are able to take it forward, then this will discourage other mischief mongers”, he said.
• Describing several cases, Inspector Subburaj noted that technology has been used to solve crimes.
• Assistant Commissioner Ashokkumar explained the police system in Tamil Nadu to the students, describing the various roles and responsibilities. He urged students to always be aware of which jurisdiction they came under.

JC Seshasayee joined the discussion at this stage, and encouraged the student representatives to act as ambassadors and share their knowledge with other students. He asked them to contact the SMS helpline, 9500099100 in case they witnessed any emergencies but were hesitant to get involved.

Students from MCC observed that in colleges with students from several different cultural backgrounds, simple communication was often misunderstood as eve teasing. Where can one draw the boundaries of what constitutes eve teasing? The JC responded that it is up to the girl to decide whether a particular instance was eve teasing or not. “Normally, girls don’t give complaints just like that, she also has to spend her time in a station and forego many things”, he said. It was noted that harassment is what the person perceives and not necessarily what the perpetrator intends.

Students raised several questions; for instance, what could they do if they were harassed on the bus, and the harasser got off at the next stop. The JC assured them that the police would take into account what witnesses had to say and register a complaint based on that. Similarly, he advised that if a girl is followed by a group of boys in a desolate area with no one around, then it is best to use her cell phone to speak to her family, or even call 100 in case of an emergency. He also encouraged students to try and sort out issues at local and community levels in many cases.

Finally, students were unanimous that visits by women police officers would not only help students understand police procedures better but also motivate them to register complaints.

Intersect: Dialogue between Chennai Police and student representatives

The official press release:

College students in the city continue to face sexual harassment on the street and while using public transport. This was discussed today at Intersect, a consultative dialogue between students and the Chennai Police, facilitated by Prajnya as part of the 2010 16 Days Campaign against Gender Violence.

Invitations were sent to over 30 colleges in the city and nine responded positively, submitting a brief that summarized the specific concerns of students in their college.

Students revealed through their responses that they faced harassment particularly in buses, and around bus stands, irrespective of the college location. In addition, an emerging problem is that of SMS and cyber stalking.

The students representatives also observed that the majority of those harassed did not complain or ask for help, mainly because people would think they were making a fuss for no good reason. They welcomed the opportunity to interact directly with the police, suggesting that women police officer visit colleges more frequently and organise meetings and workshops.

Intersect was held at the Jawaharlal Nehru Outdoor Stadium meeting room and attended by representatives from Prajnya as well as several police officers including Joint Commissioner Chennai North Mr. Seshasayee, Deputy Commissioner Kilpauk Ms. S. Lakshmi, Asst Commissioner Vepery Mr. Ashokkumar, Inspector Kilpauk Police Station Subbaraj, Inspector Vepery Police Station Jawahar, Inspector Indian Coach Factory Police Station Muniandi and All-Women's Police Station, Kilpauk Inspector, Aryamala.

Know The Law - Sexual harassment at workplace :

As women try to fight economic disparity with men, a new form of crime emerges- sexual harassment at work place. Each incident of sexual harassment is also a violation of human rights, gender equality - fundamental rights enshrined in the constitution.

Gender equality includes protection from sexual harassment and right to
work with dignity, which is a universally recognised basic human right. The common
minimum requirement of this right has received global acceptance. The International
Conventions and norms are, therefore, of great significance in the formulation of the
guidelines to achieve this purpose.- Vishaka V State of Rajasthan . The judgement also set out guidelines which has till date been the norms for tackling sexual harassment at workplace.

The guidelines and norms prescribed herein area as under :-

Having regard to the definition of .human rights. in S. 2 (d) of the Protection
of Human Rights Act, 1993,
Taking note of the fact that the present civil and penal laws in India do not
adequately provide for specific protection of women from sexual harassment in work
places and that enactment of such legislation will take considerable time.
It is necessary and expedient form employers in work places as well as other
responsible persons or institutions to observe certain guidelines to ensure the
prevention of sexual harassment of women :

1. Duty of the Employer or other responsible persons in work places and
other institutions :
It shall be the duty of the employer or other responsible persons in work places
or other institutions to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

2. Definition :
For this purpose,sexual harassment includes such unwelcome sexually
determined behaviour (Whether directly or by implication) as :
a) Physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non - verbal conduct of sexual
nature.
.
3. Preventive Step :
All employers or persons in charge of work place whether in the public or
private sector should take appropriate steps to prevent sexual harassment. Without
prejudice to the generality of this obligation they should take the following steps:
(a) Express prohibition of sexual harassment as defined above at the work
place should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating
to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards
women at work places and no employee woman should have reasonable grounds to
believe that she is disadvantaged in connection with her employment.

4. Criminal Proceedings :
Where such conduct amounts to a specific offence under the Indian Penal Code
or under any other law, the employer shall initiate appropriate action in accordance
with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims, or witnesses are not victimized or
discriminated against while dealing with complaints of sexual harassment. The victims
of sexual harassment should have the option to seek transfer of the perpetrator or
their own transfer.

5. Disciplinary Action :
Where such conduct amounts to misconduct in employment as defined by the
relevant service rules, appropriate disciplinary action should be initiated by the
employer in accordance with those rules.

6. Complaint Mechanism :
Whether or not such conduct constitutions an offence under law or a breach of
the service rules, an appropriate complaint mechanism should be created in the
employer’s organization for redress of the complaint made by the victim. Such
complaint mechanism should ensure time bound treatment of complaints.

7. Complaints Committee :
The complaint mechanism, referred to in (6) above, should be adequate to
provide, where necessary, Complaints Committee, a special counsellor or other support
service, including the maintenance of confidentiality. The Complaints Committee should be heated by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

8. Workers. Initiative :
Employees should be allowed to raise issues sexual harassment at workers.
meeting and in other appropriate forum and it should be affirmatively discussed in
Employer - Employee Meetings.

9. Awareness :
Awareness of the rights of female employees in this regard should be created
in particular by prominently notifying the guidelines ( and appropriate legislation when enacted on the subject ) in a suitable manner.

10. Third Party Harassment :
Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

11. The Central / State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

12. These guidelines will not prejudice any rights available under the
Protection of Human Rights Act, 1993.