Navigating Workplace Boundaries: Is This Incident Sexual Harassment or Assault?

With reference to the above-mentioned subject, I would like to report that one of my lower-level staff members sexually harassed a colleague by inappropriately touching them during attendance punching, taking advantage of the crowded environment. Should this incident be considered sexual harassment or an attempted assault, and under which section can we take action to address this behavior?

The victimized staff member has formally requested in writing, "After careful consideration, any other resolution may allow the perpetrator to repeat such actions. This concerns my dignity."

(Admin Executive)
Gujarat, India

Policy on Handling Harassment Cases

The case you mentioned is a harassment case. In our policy, we analyze the case, and if a person is found guilty, we terminate the employee immediately. We ensure that no one victimizes the victim by making her feel inferior or by traumatizing her.

Evidence and Reporting

Do you have any proof? If your premises have cameras that have captured the event, that is enough evidence against the person and acts as proof.

Such cases are usually taken seriously. Again, I would suggest that the best person you could seek advice from is your CEO. Report the whole incident to your CEO, mentioning everything. Ask the victim if any inappropriate comments were made by the person. Take all details and report them to the CEO.

Dear Owaiz Raza,

There have been many cases of sexual harassment, molestation, and rape in companies, even now and then. It has now become a zero-tolerance factor.

Even though many organizations have amended policies and improved teams for observations, nothing substantial has been achieved. The solution to your query is straightforward: there is no second chance for culprits. No collaboration is allowed. Encourage the victim to file a complaint (FIR) against the perpetrator, provided she has relevant evidence to support her case. Employers should not hesitate to support her fully as she desires. Please understand, women require increased security given the prevailing circumstances.

Can you please clarify the statement, "Taking out any other resolution may give him the chance to act the same. As it is a matter of my dignity," as I did not understand what the victim meant by this?

Thanks!

Do you agree with Mr. Negi? After receiving the complaint, HR should keep a watchful eye on such incidents for further action.

Regards,
Manoj

What you said is right, but the members (Sharmila & Ankita) are just showing the way to deal with the issue if proved. A strict action must be taken against the culprit, not only termination but he must be handed over to the police for further actions if found guilty.

Addressing Sexual Harassment and Molestation

Sexual harassment/molestation cases are the initial steps of these (white-colored) animals towards rape. They must be punished publicly so that others should not think about doing this type of cannibalism.

These things are happening in all companies, thanks to the girls who step forward and take this issue out.

It is very sad to hear such things happening in a highly civilized society, especially in a workplace, in full view of others. Sad, very sad. As a human, I bow my head in shame.

Now, "there was a crowd during the punching time." I suppose at least someone other than the victim should have noticed the incident. She didn't raise any alarm instantaneously, why? It is understood this was to protect her modesty. Nothing like if footage from the CCTV is available. But why should she wait until now? It is already late to raise a complaint even if there is an eyewitness. You don't have any union? Or staff council? If there is no strong eyewitness, I suggest she should first complain to the union representative, if necessary in writing, and if possible, give a written complaint to the HR/CEO straight away, come what may. After all, there was such a barbaric attempt by a psycho (if I'm not mistaken), and he should be shown what he deserves. Let the inquiry fail for want of evidence; at least he would be exposed so that others will be saved, and repetition is avoided. On the other hand, if it were to be a mere story? Well, it is anybody's guess. It may be prudent to investigate his past, both at the workplace and outside, to have a prima facie opinion on the incident to proceed further.

Regards,
Kumar.S.

First of all, forward the complaint to your superiors, including the CEO/MD, etc.

Steps to Address Allegations

Second, talk with the alleged wrongdoer. If he accepts his mistake, or you have evidence to prove him guilty, take/recommend the strictest possible action by your management (including termination). Also, advise the female employee to file a police complaint (so that he may not dare to take further revenge).

Third, if the alleged wrongdoer does not accept his mistake, and you have no evidence to prove him guilty, let the matter be taken to the police station. Just by hearing a complaint from one person, we cannot conclude that the alleged person is guilty.

Regards

Calm yourself and don't get angry when making decisions; otherwise, your decisions may become biased. Take the complaint in writing from her. On that basis, ask for an explanation from him. Check for any witnesses of the incident and review the camera footage (if available). Prepare your report with comments and support. Involve your senior management in the action plan. Take action without a second chance if the person is guilty. Chill, HR!

Handling Allegations of Outraging Modesty

Outraging the modesty of a woman in any circumstance is not excusable.

• As advised, first, get the complaint in writing from the lady so that she does not retract her complaint.

• Secondly, call the alleged employee and warn him that he should confess if he is guilty, or the same complaint will be sent to the police, and the police will take action. Please obtain witness statements if there are any.

• Once he agrees that he made a mistake, have him put the same in writing.

This way, you have all documents in place, and Management can take appropriate action.

My suggestion to the HR team to prevent/handle this incident is that they should inform all the female employees that if they face this type of situation at the workplace (including offsite events and official parties), they should raise the alarm immediately. The office will provide full support to them. The longer the delay, the more doubts will arise about the genuineness of the incident.

I am aware of one instance where a woman falsely accused her boss simply because she was denied a promotion. We need to ensure that employees are informed (possibly through the HR manual, Do's or Don'ts) about what steps they should take to strengthen their case.

It is an offense under Sec. 354 and 509 of the IPC. She may file a complaint with the police as he is punishable under the sections mentioned below.

Indian Penal Code Section 354

Assault or criminal force to a woman with the intent to outrage her modesty: Whoever assaults or uses criminal force on any woman, intending to outrage her or knowing it is likely to outrage her modesty, shall be punished with imprisonment of either description for a term that may extend to two years, or with a fine, or with both.

Sec. 509

Word, gesture, or act intended to insult the modesty of a woman.

The Lok Sabha (the Lower House of the Parliament) passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2012 on 3 September 2012. The Bill now awaits passage by the Rajya Sabha (Upper House of the Parliament) and notification by the government to become binding law. The broad scope of the Bill and the severe consequences of non-compliance are expected to significantly impact employers failing to adhere to its provisions.

Duty of the Employer or Other Responsible Persons in Workplaces and Other Institutions

It is the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter acts of sexual harassment and to establish procedures for the resolution, settlement, or prosecution of such acts by taking all necessary steps.

Therefore, I recommend that the victim file a complaint against him with the police, or the institution may take disciplinary action.

Regards.

Addressing Sexual Misconduct in the Workplace

With reference to the above-mentioned subject, I would like to state that one of my lower-level staff sexually tortured a colleague by grabbing their private parts amidst a crowded attendance punching time. Should this case be considered sexual harassment or attempted rape, and under which section can we take action to remove him?

The victim staff has requested us via email, stating, "After careful consideration, any other resolution may give him the chance to repeat the same actions. This concerns my dignity."

With regard to the above actions of your employee, it constitutes Molestation, covered under Section 294 and 509, punishable under sections 323 and 354 of the IPC. The offense is punishable by imprisonment of one year under section 323, and two years under section 354. This is a very serious matter and should not be dismissed as minor indiscipline by an employee.

Steps to Address the Incident

1. Ask the female employee (victim) to submit a formal, written complaint.
2. Conduct background checks on both employees to determine any past relations. If there is no history of disputes, consider the victim's account credible.
3. Interview other employees to corroborate the incident and the victim's immediate reaction.
4. After a preliminary inquiry, if the victim's account is deemed truthful, confront the offender. If he admits guilt, request a written apology. Upon receiving the apology, ask for his resignation. If he refuses, terminate his employment immediately. If he denies the allegations and you are certain of the offense, file an FIR under Section 509 and 354 of the IPC. If your company opts not to do so, allow the victim to file a report with the local police station. It is your moral duty to protect the dignity of female employees in your workplace. Upon filing the FIR, you may terminate the individual without notice or benefits, as this is gross misconduct and a criminal offense.

I trust these steps will guide your future actions, support the victim in regaining her confidence, and demonstrate your company's zero-tolerance policy towards protecting the dignity of female employees.

Please convey my support to the victim and encourage her to be brave and unafraid of such individuals.

Regards

If it was done where there was a crowd, then many must have noticed the lady's spontaneous reaction like, "Hey! What are you doing? Behave yourself, you...(expletives)." Call those who were in the queue and note down their statements. Then proceed as others have suggested (appreciated by me in this column).

Another check to be done - the punch time must match the sequence they tried, victim first and offender next. This is just a cross-check.

What you suggest is a nice idea to cross-verify, but I have the following doubts:

- It is not necessary for the offender to come right after the victim or for the victim to go right after the offender. If he's the first to punch and has committed such a gross act, she would be in a state of shock, unlikely to go right behind him; surely there would be someone who has entered after him. (No punch-in time would match)

- If she was the first to enter, again it is not necessary that he would enter right after her to make it more obvious. He'd purposefully allow a few people to enter and then punch in. (Again, no match)

As is stated, this happened in a crowded situation, so we can't even assume that people entered in a straight line. How do we cross-check using punch time?

Yes, these preliminary steps of collating all the evidence are FIRST. After receiving a complaint in writing from the employee, inform all your superiors up to the top of HR. Then take a statement from the employee and complete your investigation based on his statement. There's nothing like having CCTV footage, as independent action can be taken even without an official complaint being lodged.

Understanding the Vishakha Judgment

Have you not heard of the Vishakha Judgment? It's mandatory to have a committee to address sexual harassment at the workplace, and one NGO member must be present during the proceedings. The organization appears to be quite large, as there was a crowd at the event.

Vishakha Judgment and Workplace Sexual Harassment

Have you not heard of the Vishakha Judgment? The organization appears to be significant from the term 'crowd at the punching time.' It is mandatory to appoint a committee, with a representative from an NGO, to address the issues of sexual harassment at the workplace. The victim should be asked to give a written complaint and need not be pressed for submitting any evidence. The committee will inquire and conduct the proceedings to give the verdict, and the admin/HR will decide on the punishment as per service rules.

Regards,
Asawaree
Social worker
Former associate of Stree Mukti Sanghatana, Mumbai.