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WORK PLACE ETHICS & GENDER SENSITIVITY BY KNOWLEDGENTIA CONSULTANTS

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WHY

ARE WE ALL HERE TODAY?? KNOWLEDGENTIA CONSULTANTS

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GOAL To provide and ensure a safe and healthy work environment for all employees irrespective of their gender.

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GENDER 

Male or Female or Transgender

Are we bias towards one gender?

Do we try to take advantage on basis of gender?

Do we need to be more sensitive towards the female gender?

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ď ˝

Ironical discussion, as on one hand we all talk and want that no gender based discrimination should be there in any manner whatsoever;

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On the contrary, we want males to be more sensitive towards female gender and are creating the foundation of a biased society…

 WHY??????

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RESPECT WORK ETHICS ď ˝

To create a healthy and dignified work environment where conduct towards colleagues, juniors or seniors is not gender centric but only performance based;

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To deter uncouth behaviour;

To ensure respect amongst each other.

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GENDER BIASED ISSUES 

HOW TO TACKLE SUCH ISSUES IF THEY ARISE?

DO WE HAVE ANY REMEDY?

WHAT ARE THE LAWS IN PLACE?

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LAWS IN PLACE 

Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 &

Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Rules, 2013

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LAWS IN PLACE 

Indian Penal Code as amended by Criminal Law (Amendment) Act, 2013

PROVIDE FOR THE OFFENCES AND ITS REDRESSAL TO ALL

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THE SAID LEGISLATION COVERS ONLY FEMALE COMPLAINANTS, SO WHAT IS THE RECOURSE FOR

AGGRIEVED

MALE

GENDER

FOR

HARASSMENT?? KNOWLEDGENTIA CONSULTANTS

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DISCIPLINARY ACTION UNDER MISCONDUCT COVERED UNDER HUMAN RIGHT POLICIES

COMPLAINT UNDER INDIAN PENAL CODE, 1860 AGAINST THE ACCUSED

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CRIMINAL LAWS 

Sections 292 – 294: Obscenity

Section 339 – 348 – Wrongful Confinement or Restraint

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OBSCENITY OFFENCE –

IS

NOT

A

GENDER

SPECIFIC

◦ It covers any Act, Conduct, Display or Connotation, Directly or Indirectly and Such Gestures are Objectionable being sexual

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WRONGFUL CONFINEMENT/RESTRAIN PROVISION FOR BOTH GENDERS–

IS

◦ Whosoever voluntarily obstructs any person or prevents or tries to confine a person by restricting right of movement or his/her way is committing the offence of Wrongful confinement and Restrain and if held guilty is liable for fine and/or punishment.

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NEW LAW FOR PROTECTION OF WORKING FEMALES – PROMULGATED IN APRIL, 2013

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WHY WAS THIS ACT ENACTED? COALESCED EFFECT OF CONSTITUTION + CEDAW + VISHAKHA AND OTHER CASE LAWS

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CONSTITUTION OF INDIA ď ˝

Our constitution warrants fundamental rights to all its citizens, which includes the right to practice any profession/service by any person irrespective of their gender in a safe, secure and healthy environment.

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CONSTITUTION OF INDIA  Further,

our Constitution guarantees to all its citizens Right to live with DIGNITY, SELF ESTEEM AND RESPECT and violation of the same contravenes the rights

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FUNDAMENTAL RIGHTS 

Article 14 & 15 : Right to Equality

Article 16: Equality of Opportunity in Matters of Public Employment

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FUNDAMENTAL RIGHTS 

Article 19(1)(g) - Right to practice any profession/trade/occupation/business, i.e., a right to a safe environment free from harassment

Article 21: Right to live with Dignity

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CEDAW ď ˝

CEDAW (Convention on the Elimination of Discrimination Against Women), 1979 directives is an international legislation for protection, empowerment and rights of women.

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ď ˝

By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms.

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India became a signatory to this convention on 30 July, 1980.

However, India ratified the convention only on 9 July, 1993.

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ď ˝

Still almost after passing of two more decades only in April, 2013 our Legislature passed the SHW Act.

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VISHAKA CASE 

Vishaka V/s State of Rajasthan (1997), judgment passed by Hon’ble Supreme Court is the backbone of this legislation.

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FACTS

Bhanwari Devi was a social worker (Saathin)

Employed at rural level in a development programme initiated by State Government of Rajasthan.

Development Programme was aimed at curbing the evil of child marriages in villages.

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FACTS 

As part of her work, Bhanwari Devi, tried to stop an infant baby girl’s marriage of a Gujjar family;

Nevertheless, marriage took place but Bhanwari Devi was not forgiven for her efforts to stop marriage.

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She was subjected to social boycott;

And in September 1992 was gang raped by five men including Ramkaran Gujjar in front of her husband;

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ď ˝

She received no support or help from her employers, Rajasthan Government.

ď ˝

She filed a criminal complaint despite immense torture, hostility and harassment at ends of police as well as society;

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The accused though initially arrested.

However, the trial court acquitted the accused on ground of delay in medical examination and stating that rural people would not commit rape in this manner.

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Undeterred Bhanwari Devi assailed the order to the High Court High Court held that “It was a case of gang rape committed out of vengeance”

“It was a serious lapse of employer (State of Rajasthan) in this case, not to provide safe working environment”

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Till then only 3 accused were left alive and were absconding

They surrendered before the Court and were punished.

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This provoked women’s groups and NGOs to file a Public Interest Litigation in Supreme Court;

Supreme Court thus pronounced guidelines vide judgment dated August 13, 1997;

Guidelines legislation.

were

encompassed

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in

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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.

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WHAT IS SEXUAL HARASSMENT Sexual Harassment under Section 2(n) of the Act is :

(a) unwelcome sexual advances made and

(b) the submission or rejection of such advancement and conduct

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(c) shall be the parameter/basis for decisions effecting the employment of another person;

(d) Sexual Harassment is the conduct by the male superior towards the female subordinate or male colleague towards female colleagues.

(e) Constitutes Sexual Harassment.

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PARAMETERS FOR THIS ACT: 

(i) Act/Conduct unwelcome and sexual in nature;

(ii) Directly/indirectly senior/colleague

(iii) Exercising Power Dominion;

(iv) To a female subordinate or colleague;

by

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a

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(iv) Specific refusal by the female that she will not succumb and entertain such gestures at all;

(v) Male superior entices or threats to the adversity as well as extraneous advantages/changes in the employment role, packages, leaves, promotion directly or indirectly;

(vi) Repeated acts or advances by the male superior KNOWLEDGENTIA CONSULTANTS

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This amounts to the offence of SEXUAL HARASSMENT OF WOMEN AT WORK PLACE.

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It is imperative to point out here that a SINGLE INCIDENT or A CASUAL COMMENT cannot be construed to be an act of Sexual Harassment.

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Further, the CHRONOLOGY of all the incidents have to be SEEN, ANALYSED AND EXAMINED before ascertaining whether the act falls within the ambit of this Act.

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ACTS/CONDUCT AMOUNTING TO SEXUAL HARASSMENT 

VERBAL STATEMENTS/ REMARKS

NON VERBAL

PHYSICAL ACTIONS/CONDUCT

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VERBAL 

Making sexual comments about a person's body. Making sexual comments or innuendos.

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Turning work discussions to sexual topics.

Asking about sexual fantasies, preferences, or history or relationship with spouse.

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Making sexual comments about a person's clothing, anatomy, or looks.

Telling sexual jokes or stories

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Making vulgar sounds.

Repeatedly asking out a person who is not interested.

Telling lies or spreading rumors about a person's personal sex life.

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NON - VERBAL Following the person/Stalking.

Giving personal gifts.

Displaying sexually suggestive visuals. KNOWLEDGENTIA CONSULTANTS

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Looking a person up and down

Staring at someone.

Blocking a person's path.

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PHYSICAL ACTS/CONDUCT

Giving a massage around the neck or shoulders.

Touching the person's clothing, hair, or body.

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 Trying to get intimate

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Hugging, kissing, patting, or stroking.

Touching or rubbing oneself sexually around another person or Obstructing someone’s way.

Standing close or brushing up against another person.

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Obstructing the way or movement of the person.

Conniving with team mates

and smirking at female

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Any other verbal;

Or non-verbal conduct of sexual in nature.

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EXAMPLES/INSTANCES 

IS INVITING A COLLEAGUE FOR COFFEE SEXUAL HARASSMENT?

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NO

If it is just once and on mutual consensus.

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BOSS INVITES THE JUNIOR WOMEN FOR A DINNER DATE ON THE PRETEXT OF WORK MEETING REPEATEDLY?

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YES,

THIS WOULD AMOUNT TO OFFENCE OF SEXUAL HARASSMENT

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COLLEAGUE EXCHANGING JOKES/MESSAGES WITH HIS CO WORKERS INCLUDING WOMEN COLLEAGUES WHICH ARE SEXUAL IN NATURE..?

WOULD THIS AMOUNT TO UNWELCOME CONDUCT?

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NO

Conversations or jokes being exchanged on mutual consent basis, one person cannot level such allegations on the senior in a unilateral whimsical manner

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COLLEAGUE SENDING JOKES/MESSAGES TO THE WOMEN COLLEAGUES WHICH ARE SEXUAL/PORN/ADULTEROUS IN NATURE..?

WOULD THIS AMOUNT TO UNWELCOME CONDUCT?

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YES 

As these are being sent unilaterally, and if the women colleague is uncomfortable then it would amount to sexual harassment.

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CAN SEXUAL HARASSMENT HAPPEN WITHOUT ACTUAL PHYSICAL TOUCH?

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YES

Yes, it can through comments, gestures, implied manner/conduct, displaying derogatory pictures, exchanging jokes featuring such advances.

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EMAILING YOUR FEMALE COLLEAGUE:

“ADDRESSING HER AS BABY/HONEY/SWEETIE IN EMAILS BEING AN INTRODUCTORY MAIL TO COMMENCE CONVERSATION” WOULD THIS HARASSMENT?

AMOUNT

TO

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SEXUAL

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NO 

If it is done once, and the female categorically states that she is not comfortable the same should not be pursued at all.

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YES 

If it is done repeatedly and against the consent of the other person, then it might lead to or come within the ambit of sexual harassment

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SHARING ADULTEROUS COMMENTING ABOUT THE DEROGATORY MANNER ON FACEBOOK OR OTHER SOCIAL SITES?

JOKES OR GIRLS IN A WHATS APP, NETWORKING

WOULD THIS HARASSMENT?

TO

AMOUNT

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SEXUAL

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NO 

If it is done once and reciprocated by the female colleagues.

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YES 

Yes, if the female categorically states that the same is not acceptable to her.

Then it should not be pursued as it could amount to sexual harassment later.

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A sexual comment or sexually determined behaviour

Staring at another’s body or sexually suggestive gesturing.

Displaying sexually visual materials KNOWLEDGENTIA CONSULTANTS

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Telling a women employee about the ways she dresses up or passing lewd comments .

Derogatory remarks.

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Flirtation connotations.

Brushing up against the body of the other person.

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IMPORTANT POINTS 

Conduct has to be egregious

NOT a stand alone one incident.

NOT the manner of addressing someone can constitute the offence per se

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Further the woman has to specifically state her refusal and;

NOT keep things in abeyance which would further enhance the interest;

The male senior might interpret consent from the girl’s end.

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TYPES OF SEXUAL HARASSMENT  

(A) QUID PRO QUO (B) HOSTILE ENVIRONMENT

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QUID PRO QUO – “Something for something” Harassment that involves the conditioning of concrete employment benefits on sexual favours – SOMETHING FOR SOMETHING

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ď ˝

HOSTILE ENVIRONMENT - Harassment that creates a hostile or offensive environment at that the workplace. The environment is INTIMIDATING as well as HUMILIATING to the lady at workplace.

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GLARING STATISTICS

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LEGAL PROTECTION UNDER IPC

Sections 292 – 294: Obscenity – (a) An act/conduct/display/connotation; (b) Directly or indirectly; (c)Gestures are objectionable being sexual in nature Offence punishable with: 3 months imprisonment; and/or fine or both. 

INDECENCY

IMPROPRIETY

OBSCENITY

VULGARITY

FOUL LANGUAGE

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IPC Sections 339-348: Wrongful Restraint and Wrongful Confinement –

(a) Any one who voluntarily obstructs or confines a person

(b) restraining him/her to proceed in any direction or to any place;

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(c ) where the person has a right to go.

Is liable for the offence and punishment under these provisions;

Punishable for one month, two years or three years depending upon the gravity of the offence as well as fine or either of it.

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IPC Section 354: Criminal Force or Assault Intended to Outrage Modesty – (a) Whosoever assaults or exercises force; (b) to any woman; (c) with an intention to outrage her modesty is liable 

Punishment shall not be less than one year to be extended to five years and fine.

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IPC Section 375 - 376: Rape – The act of forcing or compelling intercourse without the consent of the woman against her will amounts to rape.

The offence is punishable with rigorous imprisonment punishable for a term not less than 7 years, extendible to life and liable to pay fine also.

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IPC Section 509: Word, Gesture or Act Intended to Outrage Modesty – (a) Whoever intends to insult or outrage the modesty of a woman; (b) through act, conduct, gesture or intrudes upon the privacy of the woman; shall be liable. Punishable with a term which may extend to three years and also fine. 

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With the new legislation the IPC was amended and new sections were added;

SECTION 354 A, 354 B, 354 C AND 354 - D

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SECTION 354 A SEXUAL HARASSMENT & PUNISHMENT Ingredients of this offence are: A man committing any of the following acts: â—¦ Physical contact/advances involving sexual overtures;

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SECTION 354 A ◦ Demand/request for sexual favours;

◦ Showing pornography against the will of the woman;

◦ Making sexually coloured remarks

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Any person who commits any of these acts, shall be liable for the offence of SEXUAL HARASSMENT.

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ď ˝

The offence is punishable for one year to three years depending upon the gravity of the offence and/or fine.

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SECTION 354 B ASSAULT OR USE OF CRIMINAL FORCE TO WOMAN WITH INTENT TO DISROBE  Ingredients of this offence: (a) Any man who assaults or uses criminal force to any women; (b) With intention to disrobe her or compel her 

Liable and punished for 3 to 7 years and/or fine

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SECTION 354 C VOYEURISM  Ingredients of this offence: (a) Any man who watches or captures the images of a woman in a private act; (b) At behest or perpetrator or in connivance; (c) Disseminates such image 

Liable and punished for 1 to 3 to 7 years and/or fine

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SECTION 354 D STALKING  Ingredients of this offence: (a) Any man who follows a woman and attempts personal interaction repeatedly; (b) Monitor the use of internet by a woman, email or electronic communication Has a few exceptions for purposes of trade secrets and investigation. 

Liable and punished for upto 3 to 5 years and/or fine KNOWLEDGENTIA CONSULTANTS

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PROVISIONS SEXUAL

AND

APPLICABILITY

HARASSMENT

OF

WOMEN

OF AT

WORKPLACE ACT & RULES, 2013

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EMPLOYER? 

(i) Any person responsible for management, supervision and control of the workplace shall be an employer.

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(ii) In relation to an organization or department, head of that department, office, branch or unit.

(iii) Person discharging obligations with respect employees;

contractual to his/her

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MANAGEMENT, SUPERVISION, CONTROL. Head of Department, Organization, Undertaking, Enterprise, Institution.

Office, Branch Office, Any Unit of Government or Local Authority.

Head of Boards, Committee, Administration.

Persons / households employing domestic workers. Person discharging contractual obligations with respect to the employees.

Person/board/committee responsible for formulation of policies.

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EMPLOYEE UNDER SHWW ACT With or without remuneration/voluntar y Regular, temporary, ad hoc employees Express/implied terms of employment

EMPLOYEE

Directly/through an agent/contractor

Probationer/apprentice

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EMPLOYEE

Any person employed at a workplace for any work on; 

(i) Temporary/Casual Regular or Adhoc basis;

or

(ii) Formal or Informal basis;

Permanent

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EMPLOYEE

(iii)Contract or outsourced down the supply chain either directly or through an agent;

(iv) Express or implied terms of employment in cash or in kind;

(v) Co- worker, intern or apprentice or probationer.

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WORKPLACE?

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Govt. owned and controlled Department, Organisation, Undertaking, Establishment etc. Any private sector organization, society, NGO, Trust, Hospitals, Educational Institutes of all types. Sports Institute, Stadium, Sports Complex, Games Venue of any type . Any place visited by the employee arising out of or during the course of employment including transportation. Any dwelling place or a house.

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Determination of a premises as a workplace shall be dependent upon the following; ◦ (i) Proximity from the place of work; ◦ (ii) Control of management over such place where working women is residing; ◦ (iii) Such a residence has to be extension or adjoining to workplace.

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RESPONSIBILITY OF THE EMPLOYER Provide safe working environment

Incorporate the policy prohibiting Sexual Harassment at workplace and setting up ICC

Amend the HR policy for incorporating the guidelines and incorporation of these committees

Ensure that the members of ICC maintain their code of conduct with respect to Confidentiality, Privacy, reporting and conciliation

Display widely the composition of ICC, consequences of offences of sexual harassment KNOWLEDGENTIA CONSULTANTS

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INTERNAL COMPLAINTS COMMITTEE All employers, whether public/private sector organizations/institutions/ corporations/associations, have to set up an Internal Complaints Committee (ICC).

In case of different offices located at different places, then a separate ICC is to be constituted at each location;

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COMPOSITION OF ICC 

ICC to be headed by a Presiding officer, who shall be a woman being a higher hierarchy officer; Two employees committed to cause of women and; One external member with experience on matters of service laws; More than 50% of the strength of ICC should be women.

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PROCEDURE FOR COMPLAINT AND INQUIRY 

Section 9 to Section 15 delineates the procedure for filing the complaint read with Rule 7 of the Act:

(i) The complainant shall submit the complaint in writing to the committee;

(ii) Within a period of three months from the date of incident or in case of recurrence from the date of last incident; KNOWLEDGENTIA CONSULTANTS

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(iii) The complaint if filed beyond the stipulated period should be accompanied by reasons and taken into cognizance only after examining reasons;

(iv) ICC can condone the delay and take the complaint; KNOWLEDGENTIA CONSULTANTS

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(v) The complaint should be accompanied by complete details vis a vis, date, time, place, documents and list of witnesses;

(vi) Six copies of such complaint should be given;

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(vii) One copy should be sent to the accused/respondent within 7 working days;

(viii) Reply should be filed along with documents and list of witnesses within ten working days from the date of receipt of the complaint and documents;

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(ix) ICC shall make an inquiry into the complaint;

(x) Interim relief if sought or necessitated in the circumstances shall be granted to the complainant;

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(xi) After inquiry, the ICC shall give its findings and recommendation to the employer.

(xii) Employer shall then take the decision against the accused.

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DO’S AND DON’T’S FOR EMPLOYEES 

Provide healthy and safe working environment for all co-workers both male and female;

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DO’S AND DON’T’S FOR EMPLOYEES 

Be respectful

Do not pass lewd marks to fellow workers even in hilarious moments;

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DO’S AND DON’T’S FOR EMPLOYEES 

Respect the individual for the work;

Keep it performance based;

Talk to your team mates or leader

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DO’S AND DON’T’S FOR EMPLOYEES 

Don’t ignore or neglect the conduct/behavior;

Communicate clearly

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DO’S AND DON’T’S FOR EMPLOYEES 

Women employees should differentiate between a sexual harassment and perception;

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DO’S AND DON’T’S FOR EMPLOYEES 

In case the women employee does not want to proceed on a personal level with seniors, she would categorically refuse and not keep ambiguity in such matters;

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DO’S AND DON’T’S FOR EMPLOYEES 

Team efforts to ensure prevention of such act/conduct shall make the environment and workplace more healthy and progressive for all;

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DO’S AND DON’T’S FOR EMPLOYEES 

Employees should document the incident with list of witnesses as well as the repetitive instances;

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DO’S AND DON’T’S FOR EMPLOYEES 

Any personal interest or liking should be communicated properly and in case the woman is not interested or refuses once, there should be no recurrence of the same;

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DO’S AND DON’T’S FOR EMPLOYEES 

Discuss examples for clarity during sessions or HR meetings about this topic so that the horizons of employees are widened;

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DO’S AND DON’T’S FOR EMPLOYEES 

Report immediately to the ICC and not delay the matter.

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FALSE ACCUSATIONS ď ˝

This Act like other statutes has more inbuilt lacunae to be misused by the employees. Thus, it is imperative that both the employees, employer as well as member of ICC are well aware of the consequences for making false or malicious complaints against the accused.

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SECTION 14 OF THE ACT, affirms and states that when the ICC concludes that the allegations in the complaint were false;

Malicious substantiated documents/witnesses;

by

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It may recommend the employer for stringent disciplinary action

Criminal complaint for defamation under IPC.

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OFFENCE UNDER Section 499 & 500 – IPC Defamation – In case, the complainant makes (a) false accusations against the accused; (b) and the same comes to fore during the inquiry, (c) the respondent/accused can file FIR for the offence of defamation.

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ď ˝

The act of the complainant wherein by

(a) Words either spoken/written or accusations; (b)With an intention to cause loss of reputation and defame the respondent

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ď ˝

Further, the employer may also take action against the delinquent employee/complainant for tarnishing the reputation of the organization as well as the accused/respondent.

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ď ˝

The act of malicious complaint falls within the ambit of this offence as it attempts to lowers the character and integrity of a person for an offence which he has never committed but only on parlance of ego satisfaction or professional jealousy.

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ď ˝

The offence is punishable with fine or imprisonment for two years or with both.

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PENALTY TO EMPLOYERS FOR NON COMPLIANCE OF THIS ACT

(a) Cancellation of the business license or non-renewal;

(b) Fine amounting to Rs. 50,000/-.

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BUT DO NOT MISUSE IT KNOWLEDGENTIA CONSULTANTS

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Video Clipping.mp4

Ref: www.youtube.com, Media Partners.com

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CASES ON THIS ISSUE

In one of the cases, a highly qualified ophthalmologist, worked as Assistant Professor in a Medical College.

She eventually came to work in an organization under the Head of Department.

The HOD who was senior to the victim looked for opportunities to get close to her, which included calling her to assist in surgeries when it was not required. KNOWLEDGENTIA CONSULTANTS

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The accused in the present case issued false memos about victim’s work, sought her termination, gave wide circulation of his views to senior staff members and even accused her of negligence in the case of a patient whom she had in fact cured. The complainant filed a complaint of sexual harassment to the Medical Superintendent. After the complaint an inquiry committee was set up and the proceedings were carried on. KNOWLEDGENTIA CONSULTANTS

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After the complaint an inquiry committee was set up and the proceedings were carried on.

The inquiry committee was headed by the accused himself.

Further the inquiry committee allowed the accused to continue to work in the premises which was against the Supreme Court guidelines in the Vishaka case. KNOWLEDGENTIA CONSULTANTS

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The victim being unsatisfied with the inquiry proceedings filed the case before the Court; The Court after examining the facts and circumstances found that the Inquiry Committee established was not in accordance with the Vishaka Guidelines; Ordered it to be reconstituted and the proceedings be in adherence with the guidelines. KNOWLEDGENTIA CONSULTANTS

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ď ˝

In a case in November 2013 a senior journalist was accused by one of his reporters of sexually assaulting her in an elevator on two separate occasions at a star-studded conference organized by the magazine in Goa.

ď ˝

Police in the western state arrested him on suspicion of rape in December after he had stepped down as editor temporarily and he was charged in February, 2014 with rape, sexual harassment and outraging the modesty of a woman. KNOWLEDGENTIA CONSULTANTS

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In one of a prominent case, a women employee filed a complaint against the Director of the organisation.

The victim submitted hundreds of text and WhatsApp messages which was sent to her by the accused containing sexually explicit contents. A first information report (FIR) was registered.

The FIR, was filed under sections 354, 354A, 354D, and 506 of the Indian Penal Code which pertain to outraging the modesty of a woman, assault and criminal force on her, unwelcome physical contact or advances, and making sexually-coloured remarks. KNOWLEDGENTIA CONSULTANTS

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While an investigation by the internal committee had found the accused guilty of misconduct and in violation of the organisation's policy on the sexual harassment.

This was apparently because the accused exercised other remedies and obtained stay of the order.

The complainant approached the High Court assailing the order by Labour court and inaction by the organisation on inquiry report. KNOWLEDGENTIA CONSULTANTS

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CASE EXAMPLE ď ˝

ď ˝

A US National has sued an IT company and her supervisor on charges of sexual harassment. The claim has its basis on the testimony given by the complainant in another sexual harassment case against the accused who had a senior position in the organization. The complainant has demanded compensatory, punitive and exemplary damages as well as loss of job, reputation. KNOWLEDGENTIA CONSULTANTS

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CASE 

The student pursuing her PHD at a College had assailed her guide as well as the Principal by filing FIR u/s 354, 354A, 354D.

The complainant states that the harassment began way back in May 2013 when the guide started touching her inappropriately to which she objected. She has further alleged that the college principal has shielded the accused and also tried to pressurize the complainant not to pursue the case further. Despite her refusal to the sexual acts and advances, accused continued to harass the complainant.

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The complainant filed FIR as ICC was not constituted in the University.

Only in February, 2015 she filed the complaint as ICC got constituted. However, she withdrew the complaint as she did not have any trust in the inquiry of the committee.

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ď ˝

Only, if the student feel safe and are aware that there is an efficient grievance mechanism they shall repose their confidence in the system.

ď ˝

Also, at the same time this legislation and its implementation should not be misused by the girls/ladies for their own ulterior motive.

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ď ˝

Another important factor is that awareness should be enhanced that the complainant should not delay moving the complaint as delay thwarts and impedes transparent enquiry. Also, it should not be a tool to threaten the management for completion of thesis or other tasks to which she was not entitled too.

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ď ˝

Also, the ICC should have a neutral external member whose non-biasness cannot be doubted. The matter is still pending adjudication by appropriate authorities.

ď ˝

Only after the complainant assailed the accused in the criminal FIR, the accused has stepped down from his position after anticipatory bail was rejected.

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ď ˝

Recently in January, 2016 the Delhi Commission for Women (DCW) issued a show-cause notice to College principal for inaction on the complaint of molestation.

ď ˝

However, accused states that he has not received any notice yet.

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MORE CASES 

A Woman player has complained against the sports director for sexually harassment.

As per the complaint, accused made inappropriate advances and threatened her with dire consequences. Accused booked u/s 354 and 506 IPC

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One of the Gwalior based Additional sessions judge had alleged sexual harassment charges against a sitting MP high court judge,

Initially an inquiry committee was set up by Madhya Pradesh High Court Chief Justice, which was quashed by the Hon’ble Apex Court.

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ď ˝

The Supreme Court then constituted an inquiry committee with members being CJ of Allahabad High Court, Delhi High Court and one judge from Rajasthan High Court.

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A hockey captain has been entangled and accused of sexual harassment by her friend

The sports fraternity is utmost concerned about the mental upheaval of the captain for handling the Olympics with the recent issue.

Though, the image stands tainted with such complaints, but the effect on Olympics is also an aspect of concern. KNOWLEDGENTIA CONSULTANTS

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ď ˝

A well renowned celebrity yoga guru was ordered to pay $924,500 to his former legal advisor.

ď ˝

The compensatory damages were awarded on ground of discrimination, retaliation as well as victimization of sexual harassment, which were suffered by her.

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ALL THESE CASES ARE PENDING ADJUDICATION BEFORE COURTS SO WE WILL WITNESS THE ORDERS

HOWEVER, THE PREVENTION OF SUCH ACTS IS OUR AIM FOR A BETTER AND HEALTHY ORGANISATION

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Watch your thoughts ; they become words, watch your words; they become actions, watch your actions, they become habits, watch your habits; they become your character, watch your character; it becomes your destiny ..... By Frank Outlaw KNOWLEDGENTIA CONSULTANTS

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THANK YOU ALL

© All Rights Reserved. Knowledgentia Consultants

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Work place ethics & gender sensitivity  

This presentation has been prepared by #KnowledgentiaConsultants on "Work Place Ethics & Gender Sensitibility". Visit: http://knowledgentia....

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