Day 5: Local Committees, Remote Justice

On the 5th day of the 2022 Prajnya 16 Days Campaign Against Gender Violence, a discussion on "Local Committees, Remote Justice" was organised. In this structured discussion on Local Committees, their challenges and awareness of them, the Tamil Nadu Labourers' Rights Federation and Gramavaani presented the findings of a survey they conducted to gauge awareness of Local Committees in Tamil Nadu. This was followed by a presentation by Prajnya's Rajaram Research Fellow Preeti Karmarkar of her research on Local Committees in Maharashtra. The session started with videos in Marathi, Hindi and Tamil on workplace sexual harassment which you can find here. You may find a saved video of the recording here. 

The discussion began with a short overview of a study conducted on the Level of Awareness on ICC/LCC among women workers, facilitated by the Tamil Nadu Labour Rights Federation (TLRF). TLRF largely works with the unorganised sector, where the ICCs and LCCs are poorly implemented. Gramvaani, a partner of the project, tried to take this campaign to a larger audience. Richardson, of the organisation, mentioned that, initially while the issue was brought to the forefront, there was no data to supplement the same. Post this, testimonials were collected from labourers and a survey was shared in 2020 to serve the purpose outlined earlier. The survey results showed that 27% of the respondents were construction workers, followed by 22.7% engaged in the agricultural sector, under the MNREGA. The responses showed that 80.5% of the respondents had not faced harassment in their workplace. This was a contradiction to the experiences from the field, where interactions with labourers show instances of harassment (though they may be hesitant to share the same). TLRF also filed RTIs in three districts to know the situation of LCCs and found that of Madurai, Virudhunagar and Dindugal, only the district administration of Dindugal provided details of the LCC. During the course of the discussion, Latha from Dharmagiri district also highlighted the experiences of women engaged in several unorganised sectors (construction, garment, health workers and women working in pharmacies) with respect to workplace sexual harassment. Additionally, she also highlighted the experiences of students in schools and colleges, particularly during the pandemic.

This discussion was followed by Preeti Karmarkar, a Rajaram fellow, who highlighted the functioning of Local Committees in Maharashtra. The study employed using a feminist socio-legal approach to gather data. The striking finding across the entire study area is that there is not one complaint from the unorganised sector in the LCs. The complaints from the organised sector that the LCs have received have been primarily against the employer. When the LCs received complaints, they conducted inquiries and gave recommendations. Additionally, Preeti also highlighted the challenges faced by the LC members, and further explained the methods through which LCs could be strengthened. Dr. Anagha Sarpotdar also supplemented the discussion with her experiences from the field.

About the Speakers:

1. Dr Anagha Sarpotdar: Social Scientist by Training Specialising in Work Aimed at Combating Workplace Sexual Harassment and she is a Consultant, Trainer, Author, Researcher, and does Workplace Sexual Harassment Inquiries (Based in India, Mumbai)

2. Preeti Karmarkar: Managing Trustee at Nari Samata Manch, she is trained as a Social Scientist and Gender expert, Preeti is associated with Nari Samata Manch since 1998. She has 22 years of experience in social development field in the areas of grassroot mobilization, project development and Management, M&E, policy as well as investigative research and NGO management with national and international exposure. She is an experienced gender trainer and provide consultation for gender integration in programme. She also provides training/consultation for implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and work as external members for renowned organizations. Earlier she has worked at Women’s Studies Centre (University of Pune), YASHADA and BAIF Development Research Foundation.

Day 9: Safe Workplaces: A Status of Compliance Survey Report launch

The Safe Workplaces: A Status of Compliance Survey Report was launched on 4th December, 2021 on the 9th Day of the Prajnya 16 Days Campaign against Gender Violence. It is formulated with the focus sectors being IT, ITES, BPO, KPO, R&D. The report compiled by Prajnya has helped in giving one a better sense of understanding with respect to what constitutes a safe workplace, the compliance support undertaken by the focus sectors, and its impact. The survey for the report was undertaken by Prajnya volunteers Priithy Appandarajan and Subhashini Raju, with assistance from Ojasvi Vyas and Maryam Nayaz. Here's a sneak peek report that highlights the realities of workplaces. Click here to read more!

On December 3, the authors of the report presented its main findings to a small group. 

"Prajnya’s work in the area of creating safe workplaces begins with compliance support but forms part of its foundational commitment to gender equality and human rights—including the rights to life, to dignified work, and to equality, which both the Vishakha Guidelines of 1997 and the 2013 Act acknowledge as being at the heart of this issue."

• "Policy: 93% of companies had workplace sexual harassment prevention policies, and most of them introduced these at the point of induction. Almost everyone used multiple ways of communicating the policy to employees, including posters and reminders."
• "Reporting Requirement: Awareness about reporting requirements was relatively low, with 33% unsure about them. Those who said they had reported as required appear to have chosen contradictory options when asked what they reported, and breaches of confidentiality seem common. "
• "Asked about innovations they were proud of, most respondents pointed not towards compliance specifics but elements in the creation of an inclusive, equal organizational culture. "
• "We had included contradictory choices with regard to how complaints are listed in a report—the number and details; anonymized complaints with just receipt and closure information, and reporting with identifying details. Not only is it alarming that six out of the 14 who responded substantively to this question [elements included in the report] said that they included identifying details in the public report, but it is also alarming that half of them picked all three. This shows a lack of understanding, and perhaps design flaws in our survey, but also that companies can be casual about a breach of confidentiality." 

The report also outlines awareness on Company Policy on Workplace Sexual Harassment Prevention and Redressal, functioning of the Internal Committee, Complaint procedures, awareness training, reporting requirement, as well as workplace culture and awareness. 

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 6: இணைவோம், கதைப்போம்: A Training Reunion

"Inaivom, Kathaippom" was designed as a reunion and review session for those who participated in Prajnya's 2019 training session for those serving as External/ NGO members on Internal Committees. We invited all the participants to join us at some point during the lunch hour, any time between 12:30 and 2:30 on the 30th of November, just to catch up on how things were going.

Sudaroli from Prajnya hosted the gathering, while Swarna and Pozhil supported her. The following training 'alumnae' attended: 

• Jayanthi, SIMCODESS, Dindigul
• Alagurani, TLRF, Madurai
• Berneth Premila, Blossom Trust, Chennai
• Senthil Kumari, ODAM trust, Virudhunagar
• Sumathi, NMCT, Pollachi
• Jenitha, NMCT, Coimbatore
• Rani ,  HELP Mahalir Trust, Pudukottai                                                          
• Priya, People's Watch, Madurai
• Vasantha,  ODAM trust, Virudhunagar 
• Karthika, NMCT, Coimbatore

We shared how the lockdown had treated each of us and affected our work, specifically on Internal Committees and workplace sexual harassment trainings. 

• While the lockdown had affected everyone's workplace sexual harassment compliance-related work, for some this was not an anomaly. Even before the lockdown, they had been placed on committees nominally and the committees had never met. 
• One person mentioned a committee that did meet during the lockdown but without the external member, which is invalid. 
• Companies said it was not necessary to have an external member if there was a lawyer on board (this is not correct).
• Some organisations had resumed training, both in companies and also in the community on the issue. 
• One person mentioned the challenge of being asked to speak but given only 5-10 minutes. We suggested that she use those to get to the core of the matter: that employers are responsible for workers' safety by law and that workers are entitled to and have a right to expect safe workplaces. 
• One person mentioned that while she heard of workplace harassment incidents, women were still reluctant to file an official complaint. 
• While the training last year was useful, people wanted more--at least for the chance to travel and meet others doing the same work--and also felt that the training should reach further out to rural women. 
• There was mention of an RTI query to find out about the Madurai Local Committee that had not borne fruit. We discussed follow-up. Prajnya maintains a database that we said we would share. 

Participants mentioned growing rights violations, including domestic violence and child marriage (one said she had stopped about 20 such weddings). In their view, these domestic violence victims did not want anyone to intervene. 

While there were challenge on the home front (food shortages, interrupted schooling, etc) and the work front (no transport), many of them expressed satisfaction about the work they were in fact able to do.

For Prajnya, what was clear was that facilitating this kind of informal interaction and sharing among social workers across the state would be a very useful contribution on our part. 

(Based on notes by Sudaroli Ramasamy.)

Day 12: 'But, What Was She Wearing?' - Movie Screening at DG Vaishnav

As part of the 2018 Prajnya 16 days campaign against Gender Violence, we hosted the movie screening of 'But, What Was She Wearing?' by Vaishnavi Sundar at DG Vaishnav College.

Around 200 students from postgraduate departments of social work, human resource management and undergraduate departments of English, Maths, Chemistry, Physics, Commerce attended the screening.

This 2-hour long movie covered the various ways in which sexual harassment manifests in the workplace; featured survivors of workplace sexual harassment and analysed the 2013 workplace sexual harassment act.  Around 27 women from various fields featured in the movie, who spoke on sexual harassment topics and shared their personal experiences as well.

The movie screening was followed by a 20 minutes Q & A session with the director of the film, Vaishnavi Sundar who is an independent filmmaker, actor, screenwriter, and activist from Chennai. Some of the questions asked by the students were around Vaishnavi's experience during the shoot of the film, her opinions on false complaints, regulatory bodies for ICC and more.

She ended the event by noting that change begins with each and every person and instead of waiting for an enforcing agency to take up the issue of setting up ICC at workplaces, every individual should strive to make the society gender violence free.

Day 10: Equality, Diversity and Safety: A tweetchat on Workplace Sexual Harassment

On day 10, we scheduled a Tweet chat on workplace sexual harassment which was facilitated by Dr. Shakthi S. The tweet chat was a scheduled from 12 - 2 pm.

The tweet chat began with open questions to twitter community on workplace sexual harassment

Here are some excerpts:

Join us at noon TODAY to chat about workplace sexual harassment! #prajnya16days #nosgbv pic.twitter.com/qujRHGpVNa

— Prajnya Initiatives (@prajnya) December 4, 2018

Our first question for the day: what are some of the ways in which sexual harassment can manifest at the workplace, specifically?

— Prajnya Initiatives (@prajnya) December 4, 2018

#prajnya16days #nosgbv https://t.co/gUExcHO7s9

— Prajnya Initiatives (@prajnya) December 4, 2018

I have always pushed back which hasn't exactly endeared me to my male colleagues / seniors. "You are too argumentative" or "tum bohot zada sochti ho" etc are how some of their "hurt" responses sounded like https://t.co/uYd1h3rYY2

— Suchismita (@muchishisuta) December 4, 2018

Very true. And are so much harder to establish when you file a complaint. The only real protection is a positive work culture. #nosgbv #prajnya16days

— Swarna Rajagopalan (@swarraj) December 4, 2018

Actually, our ICC goes beyond just POSH. We are very actively involved in openly discussing gender at work. Gender issues become ethical issues. So we haven't limited ourselves to complaints received or training for POSH

— nandiniv (@nandiniv) December 4, 2018

This! Large organizations with men from different race managing women may have this problem...

— Oil-Gas-tronomer (@sgekar) December 4, 2018

Laws alone can't. Penalties and procedures, as we know, are easily circumvented. It takes long, too long to help individuals, but I don't know what else works. #nosgbv #prajnya16days

— Swarna Rajagopalan (@swarraj) December 4, 2018

Workplace Sexual Harassment Law: Challenges for the Unorganised Sector

“Do you have an Internal Complaints Committee at your workplace as per the new law?”

(L-R) IG Vigilance Seema Agarwal, Vahidha Nizam of AITUC, 

Advocate Sheila Jayaprakash, Prajnya Founder Dr Swarna Rajagopalan

and K Santhakumari of the Tamil Nadu Federation of Women Lawyers

at the training session held by Prajnya and TNFWA on 28/11/13

It’s a question doing the rounds these days, whether on the news or the social media, or even conversations among acquaintances. Recent cases of sexual harassment or assault by employers on their employees have created a buzz around a recently passed law – The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 – more commonly known as the Workplace Sexual Harassment Act. Awareness is good, but a lot of the debate has centred only around companies and established organisations. What about the challenges faced in implementing the law in the unorganised sector? What about domestic workers and construction labourers and agricultural workers? Where do they sit in this scheme of things?

According to the new law, any organisation with 10 or more employees is mandated to form a committee to address complaints of harassment. For all other cases, every district is mandated to form a ‘Local Complaints Committee’ to address the complaints. In the unorganised sector, the main challenge is the nature of the sector itself.

“There are several problems with this model,” says Advocate Sheila Jayaprakash. “The law talks about conducting an inquiry in keeping with the ‘service rules’. What are the service rules in the unorganised sector? This is one aspect that hasn’t been addressed. These rules must be framed for the law to be effective. And as it stands now, I feel it has let down the unorganised sector and domestic workers,” she says.

Some believe that the very inclusion of the unorganised sector in the purview of the law is something to be happy about. “The Draft Bill had exclusive excluded domestic workers, but the final Act has included them. It’s a start, especially when 93% of our workforce is in the unorganised sector,” says Vahidha Nizam of the AITUC. “But there are other apprehensions,” she adds.

“Imagine a beedi worker complaining against her employer to the local complaints committee. The law says a complainant can seek a transfer: tell me, where does she get a transfer to? And since the pool of employers in the sector is small and well knit, the possibility of her getting another job is also slim. The job security factor is a huge deterrent for women from filing complaints, especially in the unorganised sector,” says Vahidha.

Another issue that many have raised is with the provision for ‘conciliation’ or ‘settlement’. “This helps the offender, not the victim,” says Sheila Jayaprakash. “This means a lot of pressure will be put on the victim.”

One of the most contentious provisions of the Act that several people have spoken out against is the punishment in case of ‘false or malicious complaints’. “This is a sure deterrent for aggrieved women to speak out,” says K Santhakumari of the Tamil Nadu Women Lawyers’ Federation. “In the least, we want the word ‘false’ to be removed from this provision. What if a woman is unable to prove her case? How is it fair to punish her?”

But even as the new law comes into force, the biggest challenge in the unorganised sector remains creating awareness and changing the mindset of the society at large. As Vahidha says, “We need a comprehensive campaign targeting both men and women in order to tackle the issue at its root. Sexual harassment deters the economic emancipation of women, and unless there is a change in mindset, laws cannot help much.”

16 Days 16 Tweets: Day 4, Workplace Sexual Harassment

Prajnya Initiatives ‏@prajnya28 Nov The ILO sees sexual harassment as a form of discrimination at work. http://bit.ly/IkfmuX  #nosgbv

Issues predate the spotlight of headlines; so it has been with workplace sexual harassment: http://bit.ly/Ikfxq7 #nosgbv

The journey towards the equal right of Indian women to a safe workplace began with Bhanwari Devi. http://bit.ly/IkfN8J #nosgbv

Expert paper by Naina Kapur on sexual harassment and law reform: http://bit.ly/Ikg6Ac #nosgbv

While there is a new law, the Vishaka guidelines remain useful as we respond to workplace sexual harassment; http://bit.ly/Ikgjn2 #nosgbv

Summary of Vishaka guidelines (useful definitions and explanations). http://bit.ly/IkhlzB Also see: http://bit.ly/Ikhkvw #nosgbv

What is the new law on sexual harassment of women in the workplace? http://bit.ly/Iki5Vj #nosgbv

Data on workplace sexual harassment is hard to come by, and reports rarely enter the public domain. http://bit.ly/IkgsHa #nosgbv

28% of women surveyed said they experienced harassment on the job; almost half, did so in their first year. http://bit.ly/IkgJdi #nosgbv

Young men and women perceive workplace sexual harassment differently. http://1.usa.gov/IkgUVZ#nosgbv

What to do if you experience sexual harassment at your workplace: http://bit.ly/Ikiirx #nosgbv

More do's and don'ts. “Don’t use the words “please don’t”. Harassers will only hear the “please”.” http://bit.ly/IkjR95 #nosgbv

Do’s and don’t’s for sexual harassment committees by Hengasara Hakkina Sangha: http://bit.ly/IkivLk#nosgbv

Lack of equality for and full integration of women into workplaces allows sexual harassment to take place. http://bit.ly/IkiyXI #nosgbv

A website devoted to workplace sexual harassment awareness. http://bit.ly/bR572B Universal relevance! #nosgbv

Train, respond, avoid: how to prevent workplace sexual harassment. http://mnstr.me/IkkmzM #nosgbv

Day 6 -- HR roundtable discussion on workplace sexual harassment

We held a roundtable discussion earlier today with HR executives from few companies in the IT/ITES sector to share their practices on the management of workplace sexual harassment. The roundtable included Ms. Sheila Jayaprakash, a senior advocate in the Madras High Court.

The roundtable kicked off with introductions of the organizers – Prajnya, FLEXI Careers India, Empowering Women in IT (eWIT). 4 companies gave brief presentations about the policies they had on workplace sexual harassment. Ms. Jayaprakash then gave a broad overview of the Vishaka guidelines and then gave her comments and observations. Here are some of them:

• When the company has a fixed committee, it would be a standing committee; it need not be all from the company and might include a NGO member. But if all of them can't come, a subset, inquiry committee might go out and have a hearing, but it would have to have the chairman and the NGO member.
• The committee must draw from across departments, including the shop floor, and not be overloaded with HR people.
• Wherever the complaint comes from, members from that department must recuse themselves
• The names of those in the committee cannot be anonymous and must be fully displayed. If the company has a system where employees can send their complaint to a email ID, the employee should be able to know who is part of that group email ID.
• A standing committee does not screen complaints
• Complaints cannot be anonymous; they must be registered. The accused must be notified and given time to give a written response to the allegations.
• Terms of reference must be specific to the incident and the committee should not discuss irrelevant details
• Parties should be asked if they want a lawyer – in the case of wrongful termination suits, ex-employees usually note in their case that the company denied them legal counsel.
• Parties can bring witness to the hearing; the committee does not investigate.

Ms Jayaprakash said, “your policy does not instill confidence, its how you handle it.”

This was followed by a Q&A session. One of the concerns was privacy/security issues with having an outsider in the committee. Ms Jayaprakash noted that these hearings are not about corporate secrets, its about relationships.

It was a very insightful session, commented one HR executive.

To learn about the Vishaka judgement: http://www.iiap.res.in/files/VisakaVsRajasthan_1997.pdf

For a summary of the Vishaka guidelines.http://www.uttaranchalpolice.com/ncwp/vishakha.htm
See also our previous post Campaign Chronicle: The Indian working woman and the Law for a brief summary of the Vishaka case, judgement and guidelines 

The Indian working woman and the Law

During the first week at work, orientation for new employees often includes a session on the company's policies on sexual harassment. Despite the rules and procedures set in place, many women do find themselves vulnerable. As a working woman, do you know what is the law around sexual harassment in India?

Prajnya, in partnership with FLEXI Careers India, Empowering Women in IT (eWIT), will be holding a round table discussion on workplace sexual harassment on 30 November. Human resources mangers in the IT/ITES sector have been invited to discuss their best practice management around this sensitive issue.

What Laws govern Workplace Sexual Harassment in India?

No specific law governs workplace sexual harassment in India. However, the Indian Penal Code, 1860, under Section 354 deals with assault or criminal force to a woman with the intent to outrage her modesty, and under Section 509, deals with word, gesture or act intended to insult the modesty of a woman. In 1997, the Supreme Court in Vishaka v State of Rajasthan, define workplace sexual harassment and suggested guidelines for prevention and redress.

What happened in the Vishaka case?

Bhanwari Devi, a social worker of a government programme, tried to stop the marriage of an infant girl as part of her work. The Gujjar family was enraged. She was gang-raped by five men including the infant girl's father in front of her husband. She was not medically examined, nor given any room to file a complaint in the police station. The trial court acquitted the accused. The Rajasthan High Court noted that it was a case of gang-rape out of vengeance. Women's groups came together and filed a petition before the Supreme Court, under the name Vishaka, which resulted in the hallmark judgement on August 13, 1997.

What does the Vishaka Judgement say?

For the first time, the woman employee was recognized, and her rights were given the respect they deserved. The guidelines laid down by the court encompass all that is necessary to prevent and address workplace sexual harassment. The employer has the duty to prevent and deter the commission sexual harassment and to provide the procedures necessary for the resolution. Organizations need to explicitly prohibit sexual harassment through notifications. The employer should constitute a complaints committee, headed by a woman, and has to have at least half of its members as women. To avoid undue pressure from senior levels in the hierarchy, it should comprise a third party with competence sufficient to handle a complaint of such a nature. Employers and those in charge will also report on the compliance with these procedures. Workers and employees should be allowed to raise issues of sexual harassment at their meetings and in other appropriate forums. It is to be discussed with affirmative spirit at employer-employee meetings. If a third party is responsible for sexual harassment, the employer and person in charge is under an obligation to take necessary steps to assist the victim and take preventive measures.

A special thanks to Kirthi Jayakumar who contributed to this article. Kirthi is a lawyer who is specialized in Public International Law and Human Rights. She runs a journal and consultancy that focuses on International law, called A38. http://www.athirtyeight.com