POSH_ SEXUALABUSE & GENDERSENSISTIZATION.pptx

GENDER SENSITIVITY & HARASSMENT

1. POSH ACT-PREVENTION OF SEXUAL HARASSMENT ACT 2013 (Prevention ,Prohibition & Redressal) WELCOME IOCL RIGHT2RISE - DR. RAINA KHATRI TANDON welcomes you Founder CEO Right2rise , 5 times TEDx Speaker, Forbes 30 under 30

2. Why POSH..??

3. Objective of the Session End of the session you will be able to Explain what is Sexual harassment at workplace Define Causes and impact of Sexual harassment. Identify Types of Sexual Harassment Recognize some common forms of Sexual harassment at workplace Explain prevention & Act against Sexual harassment.

4. Introduction to Law

5. Sexual Harassment of Women at Workplace- (PREVENTION, PROHIBITION & REDRESSAL)- ACT, 2013 (POSH LAW)

6. It’s a Special Law ; It’s a Civil Law ; it applies to all business establishments irrespective of number of employees ; ‘Sexual Harassment’ relies upon the ‘ feelings’(Un-welcome) of the complainant; Applies only if the sexual harassment is against women; Applies only to the sexual harassment at Workplace; Both IPC & Action under POSH Act can go together; It can be settled with the express consent of victim; Salient Features of POSH Law

7. Is POSH Act, a positive Law?

8. It can make our work places ‘Gender Neutral’

9. What is Gender sensitivity?

10. Gender sensitisation is the process in which people of all genders are taught to respect everyone irrespective of gender, while acknowledging the differences.

11. Gender Sensitivity is one basic requirement for the normal development of an individual. To build a strong society, Men & women both have to complement each other. Introduction

12. The Constitution of India provides for Equal treatment for Female & Male in every sphere of the life. Equality – The Fundamental Right

13. Three Unfortunate Women - Three landmark legislations

14. In 1992, Bhanwari Devi, female social worker from Rajasthan was gang raped in village Public Interest Litigation (PIL) was filed by Vishaka (an NGO) and other women groups against the State of Rajasthan and Union of India before the Supreme Court of India. (AIR 1997 SC 3011) Back Ground of the Law

15. Sexual Harassment results in the violation of Fundamental Right- To gender equality. The Right to life and liberty. Prohibition of discrimination on the grounds of religion, race, caste, creed and sex. Result

16. The Act was passed by the Lok Sabha on 3 rd September, 2012. It was passed by the Rajya Sabha on February 26, 2013.  The Bill got the assent of the President on 22 nd April, 2013. Published in Gazette on 23 rd April, 2013 . The Act came into force from 9 th December 2013 . The Act

17. The   Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act, 2013  

18. Protection against Sexual Harassment of woman at their place of work For the prevention & redressal of the complaints of sexual harassment, and: For matters connected there with or incidental thereto Act to provide

19. The Law applies to Whole of INDIA. Applies to all establishments irrespective of : Number of employees Gender of Employees Industry Place of Operation; Legal status of the establishment . Applicability

20. Aggrieved Woman In relation to a work place, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent; In relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house. Definitions

21. Any Govt., semi-govt. PSUs, Corporations, institute; Any private sector organization, Foreign company having office in India; Hospitals or nursing homes; Any sport institute/ complex or stadium; Any place visited by employee arising out of / during employment; A dwelling place or house. Work Place

22. WORK PLACE

23. Sexual harassment includes such unwelcome sexually determined behavior (Whether directly or by implication) as : Physical contact and advance A demand or request for sexual favors Sexually colored remarks; Showing pornography; Any other unwelcome physical, verbal or non - verbal conduct of sexual nature Sexual Harassment ACT 2.2N :Definition

24. QUID PRO QUO

25. HOSTILE ENVIRONMENT

26. Welcome Unwelcome Feels Good Feels Bad Reciprocal One sided In control Feels Powerless Wanted Un Wanted Appreciative Demeaning Happy Causes anger/sadness Legal Illegal

27. Sexual Harassment The lady- AGGRIEVED - can be employee/ client/vendor/ partner/service provider/insurance / intern or parttime or fulltime associate BE AWARE BE CAUTIOUS BE RESPECTFUL

28. Harassment on Race, Sex, Religion, cast. Harassment on age. Disability. Defame to damage the reputation or image. Criminal History. Harassment due to different Political Beliefs. Sexual Orientation and Marital Status. Discrimination among equal. Bullying by the supervisor/Manager. Harassment: other than Sexual

29. Forms of Workplace Sexual Harassment

30. Quid Pro Quo (literally ‘Something in return’) Implied or explicit promise of preferential/detrimental treatment in employment, or Threat about her present or future employment status. Forms of Workplace Sexual Harassment Cont..

31. Hostile Work Environment Creating a hostile, intimidating or an offensive work environment. Humiliating treatment likely to affect her health or safety Forms of Workplace Sexual Harassment Cont..

32. Icc committee( 4-6 Members 1. Chairperson/ Presiding Officer – HEAD OF IC -Shall be women employed at the senior level at the workplace amongst the employees . (F) 2. Two Members –Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge. (M/ F) 3. External Member – External members could be doctors, Advocate or Among NGOs working against the cause of women and worked with Posh laws and investigation. We also provide empanelment of external members. 5+ years in woman issues and laws known only At all times 60% of committee should be woman and all member hold position for only 3 years

33. Case study- 1 A is a daily wage worker at construction site, having small child of 10 months with her. During the working at the site, some time she takes a break and breast feed her child in a corner. B, another worker at the same site always roam around her during the time she is feeding a child, he looks at her with cunning smile, which makes her uncomfortable. Looking at his behaviour, the other workers at the site started commenting/ bullying/ whistling on her any time she passes near them.

34. Case study- 2 A big multinational company headed by a strong & dominating female CEO. She was attracted towards a young talented male employee of the company, certainly working under her. She called him in her chamber and asked for sexual favours, in turn offered him promotion with huge jump in salary package. He refused and filed a complaint against her.

35. Redressal Mechanism

36. Number of members in IC be kept as ODD number – To have majority decision. There should always be a backup IC team – To replace the members in case of requirement. IC may try or attempt to arrange counselling for both the parties depending upon the situation/ circumstances. Suggestions for IC

37. An Aggrieved Woman may make a complaint of sexual harassment, in writing, either to Internal Committee or Local Committee, as applicable. Complaint be made within a period of three months of the incident. Complaints

38. Online Complaint http://www.shebox.nic.in

39. Online complaint

40. Physical incapacity; Mental incapacity; Death of Complainant; Due to any other reason. The complaint can be filed by relative, friend, any person having knowledge of the incident . Incapacity of Woman

41. Contents of Complaint

42. Option to settle through conciliation; May ask for interim measures; May ask for assistance for filing Police complaint; Deserve apathetic hearing; Right to appeal; Rights of the Complainant

43. During the course of inquiry, the complainant may request for: Her transfer or respondent’s transfer; Leave up to 3 months; Restraining respondent to supervise her work or writing her appraisal. Committee may recommend any/all of the above measures to management to prevent on going harassment Interim Measures

44. A patient, non bias hearing; May refuse for settlement; Right to Appeal. Rights of Respondent

45. Meeting with proper quorum – minimum 3 members; To provide patient non bias hearing to both the parties; Be aware of all provisions of law, rules, service rules etc. Inform the complainant about option of settlement; On the basis of option to proceed; Inform her about interim measures; Must adhere to time-line. Responsibilities of Committee

46. QUIZ- Agree/disagree Respondent will always be agitated. All IC members should be on same wave-length. Management will not co-operate with IC. The external member necessarily should be a female lawyer. The respondent should be placed under suspension immediately after receipt of complaint. All IC members should be present in all meetings.

47. HR of the company has an active role in IC proceedings. The external member should always be in favour of complainant. IC cannot call for any confidential record/files of the company during proceedings. QUIZ- Agree/Disagree cont..

48. The committee after receipt of complaint must check about: Limitation; Whether it’s sexual harassment or not; Whether it’s work-place harassment or not; Any additional information required? Redressal – 1 st Meeting (IC)

49. Meeting with Complaint : To make her comfortable; Inform her about legal aspects ; Inform her about the option of conciliation; Inform her about interim measures; Proceed according to the option chosen by complainant 2 nd Meeting

50. Option with Complainant

51. 3 rd Meeting - Conciliation

52. If respondent refuses for conciliation; If conciliation fails; If either of parties fail to complies with terms of settlement; or Harassment is so grave that it deserves to be handled through inquiry. When an Inquiry?

53. Inquiry to be conducted by the committee in terms of service rules/ applicable laws. The inquiry must be completed with in a period of 90 days. During inquiry, the aggrieved woman may ask for , for interim measures To respond to the Complainant about receipt of complaint by committee – within 7 days To respond to the Committee on complaint by respondent – within 10 days thereafter To compile the list of all documents received; Proceed with inquiry. Inquiry

54. Meeting with both Complainant & Respondent; Recommendations for Interim measures, if any; Respondent to plead guilty or innocent; Statements of both the parties; Cross- examination of parties; Witness examination and cross – examination; Written arguments may be asked from both the parties. 4 th Meeting - Inquiry

55. After the completion of all statements, witness examination etc., the Committee has to prepare an Interim Report; Report must be with clear findings; Copy of the report to be given to both the parties with an opportunity, to submit their statement/ defence to the report; If any of the party submits any statement/ defence to the report, the same to be considered by the committee; After all considerations, the final Inquiry Report to be prepared with conclusive findings. Interim Inquiry Report

56. Title of the case – A v/s B Members of the Internal Committee – Names & Designations Complaint – Gist of the complaint Response of the respondent Issues to be considered – Whether incident took place? Does it falls with in the ambit of POSH Law? If Yes, the gravity of the offence? Inquiry Report - Contents

57. 6. Process of the inquiry – Conciliation or Inquiry with specific written consent of the complainant. 7. If Inquiry – Mention about the interim measures, if any. 8. The documents, evidences and witness statements to be explained. 9. Findings – Should be specific – a. Whether sexual harassment happened or not? b. Whether it was within the provisions of the POSH Law? c. Whether it was proved or not? If yes, on the basis of what? 10. Recommendations Inquiry Report – Contents Cont..

58. After the inquiry if allegations are found to be proved, the report is submitted to employer (within 10 days from the completion of the inquiry) with recommendations: To take action under service rules for misconduct against the respondent; To deduct a sum to be paid to the aggrieved woman from the salary of the respondent. Inquiry Report

59. Amount to be paid to aggrieved woman depends on: The mental pain & suffering Loss of career opportunity Medical expenses Income & financial status of the respondent. Amount to be paid either lump sum or installments. Compensation

60. Action by the management/ District Collector – within 60 days. Management may or may not accept all recommendations made by IC or LC. Management may change the punishment recommendations given by IC or LC with reasons. Action by management

61. An appeal may be filed by the person, not satisfied by the recommendations of the committee, before appropriate court in terms of service rules. The appeal may be filed within a period of 90 days from the date of recommendations. Appeal

62. If the complaint is found false/ malicious or false documents are filed, the Committee may recommend for action against the said woman complainant or her witness, in terms of applicable service rules. Punishment for Woman

63. S. No Action Time schedule 1. Complaint by complainant Within three (3) months from the date of incident 2. Notice to the named perpetrator- Male Employee (Respondent) by ICC within seven (7) days from the date of receipt of the complaint   3. Respondent to file his reply within ten (10) days from the date of receipt of the notice from ICC   4. Inquiry proceedings by ICC To be completed within ninety (90) days   5. Submission of Inquiry Report by ICC to management Within ten (10) days from completion of inquiry     6. Management to take action on inquiry report Within sixty (60) days from submission of inquiry report     7. Appeal by either party Within ninety (90) days from the date of submission of inquiry report (recommendations)   8. In a proven case , watch to be kept that she is not subject to vendetta 5 years from the date of final decision  

64. THANK YOU