From India, Mumbai
1. Sexual Harassment results in Violation of the Fundamental Rights of a Woman to Equality under Articles 14 and 15 of the Constitution of India and her Right to Life and to live with Dignity under Article 21 of the Indian Constitution and Right to Practice any Profession or to Carry on any Occupation, Trade or Business which includes a Right to a Safe Environment Free from Sexual Harassment. the relevant Text of the Preamble to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 may please be referred to;
2. The Govt of India, on 25th June 1993, had already ratified International Conventions and Instruments on Universal Human Rights such as i) Convention on the Elimination of all Forms of Discrimination against Women and ii) Women's Right to Work with Dignity and consequently incorporated those Universal Human Rights in the SHWW (P, P & R) Act 2013. Every Person including Every Employer is Legally Duty -Bound to Obey the Laws and Not Defy the same, in Letter and Spirit;
3. Every Employer of Every Workplace, is Now Legally Liable to "Provide Protection to Women from Sexual Harassment at Workplace BY Creating a Safe and Secure Workplace Environment Where No Woman Shall Be Subjected to Sexual Harassment, failingwhich Stiif/Stringent Penalties are Leviable;
4. Sexual Harassment constitutes Acts of Misconduct as per the "Service Rules" or the "Standing Orders" applicable to the respective Establishments for which the Employer must initiate necessary Disciplinaery Action as per laid down Prpcedures. There is No Exemption and or Immunity therefrom. (Section-19 (i) should be referred to). The Supreme Court of India had long ago Clarified that "Any Act Unworthy of Employment, amount to Misconduct.
Thus No Employer can or is permitted/allowed to violate/flout the Service Rules or Standing Orders framed by him/her and certifed by the Authoriy;
5. Sexual Harassment incidents often Occur when the concerned Employee is Not Contributing 100% Performance Output, instead wastes Time & Effoprts in focussing and Fulfilling his/her Personal Agenda during Employer's Paid Time. That is causing enormous Business Loss of Earning/Revenue which directly Vitiates the Workplace Environment leading to Low Morale and Motivation.
What a Loss to Joint Efforts/Endeavour of the committed Workforce who, day in day out Fully Engaged in Creation of Wealth and Wellbeing. Whi is so naive to settle with the Argument that the Supervisors and Managers are not aware of What is Going On?
Apart from the OXA Fem Survey that 1 out of 6 women are sexually harassed at workplace, the NCRB Survey infors that 70% Women at Workplace were subjected to Sexual Harassment.
Kritarth Team of Special Educators stands and works for the Cause of Providing Protection to Women from SH at Workplace and has over the years
1. Conducting hundreds of Mandatory Programs for the Internal Committee Members namely a) Orientation
Programs to familiarize the IC Members with their 25 Duties/Tasks and b)Capacity & Skills Building Programs
for IC Members to make them Capable and Competent o Discharge their Duties;
2. Served as the Nominated Member (External) of Internal Committees in several Establishments;
3. Guided Employers in Co-creating Effective Functional Mechanisms for Providning Protection, Preventing &
4. Conducting Gender Sensitivity Prgrams for Employees including contract Labours;
5. Designing Workplace Sanitization Schemes;
6. Training the HODs in properly and faithfully Implementing all the Provisions of the SHWW Act 2013; and
7. Conducting other Need-based Programs specified by Employers.
Kritarth Team of Spl Educators is Ready and Willing to Render Any Help, Assistance and Guidance to Employers/Managements / HR Heads and Others to Implement the SHWW (P,P&R) Act 2013.
Harsh K Sharan, Spl Eduactor PoSH Programs,
30 May 2018
From India, Delhi
From India, Coimbatore
From India, Pune
THis is very correct, that it shouldn't be at work place.
I just to say here that for the said behaviour....some extent employees (Male/Female) both are responsible.
Rest is, forum members can better understand themselves, what I wish to express.
From India, Mumbai
Women who dont speak up against the sexual predators will fee safer to speak up on such issues.
Secondly it will also act as deterrant against such wicked sex maniacs and they would see their irresponsible behaviour at public places.
Do upvote if this answer makes sense
From India, Vasai
SHe Box online Portal was launched on 7.11.2017 by the Ministry of Women & Child Development to help such Aggrieved Women and others so empowered to Register Her SH Complaints, for her and on her behalf, can now Register the Sexual Harassment Complaints online for further necessary Action.
SHe Box will go a long way in helping the Aggrieved Women Complainants, who have been subjected to Sexual Harassment at Workplace, to Stand Up and Speak Up even in cases where she gets discouraged to do so.
Nonetheless, Every Employer under Section-19 of SHWW Act of 2013, under heading "Duties of Employer" and as categorically stipulated in the aforesaid Act of 2013, is Duty-bound to "Provide Protection to Women from SH at Workplace failing which the concerned Employer is Liable to Stern Penalties under the said Act of 2013 as well as othr Acts notably the Companies Act for s/he has to incorporate in the Company's Annual Report filed before the ROC the data about SH Complaints.
An occurrence of SH is punishable i) as per the Service Rules and or the Standing Orders framed by the Employers which apply in their respective Establishments covering One and all at the Premises; ii) as per Indian Penal Code, iii) Results in violation of the Fundamental Rights of the Aggrieved Women punishable under the Laws.
In aforesaid Circumstances, even when the Aggrieved Women are not ready or are unwilling to submit/lodge their SH Complaints, it is expedient that the Internal Committee, suo moto, initiates IC Proceedings to ascertain the Facts relating to the SH Complaint.
Kritarth Team of Spl Educators and serving as IC Member (External) ally with the Cause of CreatingaSafe and Secure Workplace where No Woman Shall Be Subjected to Sexual Harassment so that they can Contribute their 100% Performance Output. When that becomes so, the Prime Purpose of any Business is Fully Served which is or are Creating Wealth For and Wellbeing of all Stakeholders.
Harsh H Sharan,
From India, Delhi
Be a Voice.
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