New Delhi (Vishaka Guidelines). Cases of molestation and sexual harassment of women have become common every day. The painful sexual harassment of a trainee doctor at RG Kar Medical College and Hospital in Kolkata on 9 August 2024 has raised questions about the safety of women at the workplace. Women often have to face staring eyes and unwanted touch at home, school-college, public transport, hospital, park, office, mall, theater etc.
Women who spend a major part of their day at the workplace often talk about the incidents that happen there. Sometimes a colleague laughs by telling a dirty joke, and sometimes someone troubles them by saying double meaning things. But due to shame or fear, they hesitate to complain about it. Many women do not know where to complain in case of sexual harassment at the workplace. To curb these incidents happening with women at the workplace, the Supreme Court had issued ‘Vishaka Guidelines’.
What are the ‘Vishaka Guidelines’?
In the year 2013, the Supreme Court had issued some guidelines against sexual harassment of women at the workplace. These are known as ‘Vishaka Guidelines’. Under the Vishaka Guidelines, women can immediately lodge a complaint of sexual harassment against them. Let us tell you that this guideline is also known as the case of Vishaka and others vs Rajasthan Government and Government of India.
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‘Vishaka Guidelines’ are the right of working women
Under the Vishakha Guidelines, it has been ensured that harassment against women is curbed. In these guidelines, touching a woman inappropriately, trying to touch her, looking at or staring at her inappropriately, asking for sex, making obscene comments or obscene gestures, sending or telling obscene jokes, showing adult films, all such acts have been included in the ambit of sexual harassment, which can make a woman feel uncomfortable.
1- Under the Vishaka Guidelines, it is mandatory to form an Internal Complaints Committee (ICC) in every company having 10 or more employees.
2- The guidelines directed that the chairperson of this committee will be a woman and more than half of the members of the committee will also be women.
3- A female representative of an NGO working on issues of sexual exploitation must also be a part of this committee.
4- During investigation of sexual harassment case, if the committee finds any person guilty then strict action will be taken against him under the sections of IPC.
5- It was also clarified in the Vishakha Guidelines that the institution cannot put pressure on the complaining woman or any member of the committee.
6- If any woman is not satisfied with the decision of the committee, she can also file a complaint with the police.
Also read- What has happened so far in the Kolkata doctor rape case? What came out in the autopsy?
NTA again reminded all the important rules
NTA i.e. National Testing Agency has released the notice section of its official website nta.ac.in. Vishaka Guideline against Sexual Harassment in the Workplace has shared a link. It contains a PDF related to the rights of many working women. Know what information is given in it-
1. Sexual harassment
1.1 ‘Sexual harassment’ includes one or more of the following unwelcome acts or conduct (whether direct or indirect), such as:
(a) Physical contact and molestation
(b) demand or solicitation for sexual favors
(c) making obscene remarks
(d) Display of pornographic pictures/literature
(e) any other lewd physical, verbal or non-verbal conduct of an obscene sexual nature.
1.2 It should be noted here that the proper definition of ‘sexual harassment’ is not exhaustive. Depending on the context and circumstances, any other act may fall under the category of sexual harassment.
1.3 Any of the following situations, among others, may constitute sexual harassment depending on the context and circumstances. If any of the following acts or behaviour are associated with or relate to sexual conduct:
(a) Promising, directly or indirectly, favourable treatment in the course of employment or work.
(b) Promising, directly or indirectly, detrimental behaviour in the course of employment or work.
(c) makes direct or indirect threats regarding present or future conditions of employment or work.
(d) interferes with or intimidates women in their employment or work or creates a degrading or hostile work environment.
(e) unlawful conduct affecting the health or safety of women.
Internal Complaints Committee: Who are the members of Internal Complaints Committee in NTA?
The members of the Internal Complaints Committee at NTA Headquarters include Sadhana Parashar as Chairperson, Shuchi Roy, Mousumi Sarkar, Sunita Koundal as members, Mohit Shamo as Member Secretary and members of the NGO.
What are the provisions of ICC?
1- Any woman who is a victim of sexual harassment can make a written complaint to the Internal Complaints Committee within a period of 3 months from the date of the incident.
2- In special circumstances such as physical or mental disability or death of the victim woman, her legal heir or any other authorized person is allowed to file a complaint on behalf of the victim woman.
3- On the request of the aggrieved woman, the complaint committee can take steps to settle the matter by mutual consent. In such a case, further investigation can be initiated.
4- In cases where the terms of settlement are not being complied with by the respondent, investigation proceedings can be initiated.
5- The Internal Complaints Committee can also conduct investigation in those cases where the terms of settlement through conciliation have not been complied with by the respondent.
Workplace Harassment: Where to complain about harassment in office?
In case of harassment in office, you can discuss with your colleagues. If you are troubled by the wrong actions of a colleague, then complain to the boss. If the matter is still not resolved, then talk to people sitting in higher positions or to HR. For this, you can also file a complaint in writing. You can also complain about this to ICC on behalf of any of your colleagues. If no action is taken by the office, then report to the police.
Tags: sexual harassment, visakha guidelines
FIRST PUBLISHED : August 18, 2024, 09:21 IST
