Frequently Asked Questions about Sexual Harassment at the Workplace
Sexual Harassment is any unwelcome act or behaviour (whether express or implied), such as: Physical contact or advance, A demand or request for sexual favours, Making sexually coloured remarks, Showing pornography, Any other physical, verbal or non-verbal conduct of a sexual nature. Sexual harassment at workplace can take various forms, including unwelcome touching, hugging or kissing, staring or leering, suggestive comments or jokes, unwanted or persistent requests to go out, intrusive questions about another person’s private life or body, deliberately brushing up against someone, insults or taunts of a sexual nature, sexually explicit pictures, posters, screen savers, emails, twitters, SMS or instant messages, accessing sexually explicit internet sites, inappropriate advances on social networking sites, behaviour which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Sexual harassment of workplace is of two kinds: Quid pro quo, and Hostile work environment.
Quid pro quo is a Latin term which literally means ‘this for that’. It involves unwelcome sexual advances, requests for sexual favours and other verbal or physical conduct of a sexual nature, conditioned on job benefits or the absence of job detriment. For example, promotions or favorable treatment being contingent on sexual favors, or threats of detrimental treatment for refusing to engage in sexual activity.
A hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to unwelcome sexual conduct. This may include a range of behaviors from overtly sexual conduct to subtler actions that nonetheless create a sexually charged and unwelcoming environment.
A sexual behaviour only becomes sexual harassment at workplace only if it is unwelcome to the woman who is in receipt of such behaviour.
Aggrieved Women Herself, or in case of physical or mental incapacity: her relative, friend, co-worker, officer of NCW or SCW, or any person who has knowledge of incident with the written consent of complainant. In case of the woman’s death, any person who has knowledge of incident with the written consent of her legal heir or the legal heir themselves.
Punishments under the Act can include written apology, reprimand, warning, censure, withholding of promotion/pay rise/increment, termination of employment, undergoing counselling, community service, and monetary compensation for mental trauma, pain, suffering and emotional distress, medical expenses incurred, and loss of career opportunity, depending on the nature of the offense and the organization's service rules.
Yes, the SH Act envisages a time-bound inquiry with the following timelines: Submission of Complaint within 3 months of the last incident, Completion of Inquiry within 90 days, Submission of Report by ICC/LCC to employer/DO within 10 days of completion of the inquiry, Implementation of Recommendations by employer within 60 days, and Appeal within 90 days of the recommendations.
The Act prohibits the disclosure of the identity and address of complainant, respondent, and witnesses, information pertaining to conciliatory/ inquiry proceedings or recommendation of ICC or action taken by the employer. Breach of confidentiality invites a penalty of Rs. 5,000/-.
Yes, a woman may choose to both file the FIR with the police and lodge a complaint with the Complaints Committee simultaneously.
