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)
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