Work
Environment after MeToo Movement
By Dr. Lalit Kumar Setia | @drlalitsetia | drlalitsetia@gmail.com
| Created December 16, 2018
Updated December 24, 2018
In October 2018, the
Internal Complaints Committee (ICC) of Delhi University found a professor
guilty of sending obscene, vulgar and sexually coloured language to a student
and the Bharati College issued show cause notice to the professor. The
technology can be used in both good and bad ways. The investigation and audit
of following norms associated with use, can also be checked and verified
through intelligent resources. The section 354 of Indian Panel Code (IPC)
describes the penalties for the offence of Sexual Harassment at workplace.
Sexual Harassment:
The sexually determined
behaviour including physical contact, demand or request for sexual favours,
showing pornography etc; covered under the term sexual harassment. It is
required that each head of office in an organization frame the rules on
prohibition on sexual harassment and notify it. The rules should also comprise
financial penalties on violation of the rules.
Internal Committees for probing the sexual harassment allegations:
In organizations with
work-strength of more than 10 employees, it is required to formulate committee
inside the office to investigate the matters relating to sexual harassment
allegations (if any). Such committees should have 50% women including one
external member from any non-government organization working for safeguarding
the rights of women.
Imprisonment and Penalties for Sexual Harassment under Criminal
Law Act, 2013:
In case, it is proved
that a person inappropriately touched a woman, then under the criminal law act,
2013; he can be punished with at least one-year imprisonment along with fine.
In case, it is proved
that a person observes, captures, and distributes images of a woman without her
knowledge; he can be punished with at least one-year imprisonment along with
fine under information technology act, 2013.
In case, it is proved
that a person used words, gestures to outrage a woman’s modesty; then he can be
punished with at least three-years imprisonment and fine under the criminal law
act, 2013.
In case, it is proved
that a person had consensual sex with a subordinate, he can be punished with at
least five-years imprisonment and fine under the criminal law act, 2013.
In such circumstances,
each person should bound himself to be caution with the following tips in mind
to avoid any case of sexual harassment:
Behavioural Issues – Mind Actions and Reactions
In 2013, Prevention,
Prohibition and Redressal Act was enacted which detailed the sexual harassment
of women at work. The act restricted various actions of harassment at work and
make the gender bias-ness nullified in the office culture. The act remained
successful in bringing the women at equal respect and perform as per their
official standards. The jokes which can harm the emotions of the women are
covered in misconduct and the women cells are working to protect the women.
Mind the language being used:
The comment upon the work
of the female employee, the instructions and the way the instructions are
provided, everything comes under the scanner of sexual harassment after the
movement of MeToo. What the female employees are thinking is more important than
the intention of the officers, colleagues, and subordinates particularly male
persons. It is must to think twice before speaking and interacting with the
female persons in office.
Staring is not allowed, training of social skills to male persons:
The MeToo movement
clarified that if somebody is staring the female employee, it may come under
the scanner as ‘lack of social skills’. The staring can be considered as wrong
intention in the mind of male person and it will be considered as sexual
harassment. In case, a person is using wording with dual meanings and laughing
without any cause, that may also come under the sexual harassment.
Don’t ask any question relating to personal life:
The friendship between
male and female employees can provide freedom of talking whatever can be
ethically right but asking something about the personal life of female person
and commenting upon her life; can become a part of MeToo experience to the
female employee. For example, asking any female employee about her domestic
life and how her relationships are going with her husband or something else
over the limits, can be part of the MeToo experience.
Never Touch and Keep Yourself Away:
It is must to keep in
mind that staying away is better for the male persons and never try to be near
to the female employees. Touching can be a part of sexual harassment and an
action of misconduct can be there. If the job work cannot be done without
touching and being near to the female, then also it is required to keep the
limits in mind.
Give compliments with being more careful:
A person may have the
best intent but what matters is, the thinking of the female employee. What she
thinks whenever given any compliments. Giving personal compliments or talking
about the personal life of any woman employee or commenting upon the work; can
become a part of harassment.
Finally, it is must to
maintain the official culture and decorum in such a way that no issue can take
place relating to sexual harassment. It is must to safeguard the female
employees and make them feel free regarding fulfilling their duties. Always
give respect and honour their work so that they never feel any harassment at
work.
