Last Updated on February 22, 2020 by Legalseva.net
Recently it was floated in the news that a senior activist was arrested by the state police organizing protests against the clean chit given to the accused in a sexual harassment case.
The case was reported in Faridakot city of Punjab. The HoD of Guru Govind Singh Medical College allegedly harassed a medical officer consistently over one pretext or the other. The HoD had denied all allegations. The medical officer also alleged that when she filed a complaint against the incidents, the local authorities made all possible efforts to save the HoD and before finally giving him a clean chit. Protesting against the anomalies in the procedures, ASHAC announced a state level protest and even staged a “dharna” infront of the Deputy Commissioner office. Police had arrested a senior member of ASHAC Rajinder Singh over his role in the violent protests in the city.
In recent times, such similar cases have become prevalent. Therefore it has become the need of the hour for a woman to be wary in order to protect her dignity. For that, one has to be aware of the provisions related to this misdemeanor so that they can avail their rights. The provisions for sexual harassment at workplace are provided in the Sexual Harassment of Women at Workplace Act, 2013.
Before discussing the provisions related to complaint, it is necessary to understand the meaning of “sexual harassment”. Section 354A of the Indian Penal Code, 1890 provides the following definition of sexual harassment:
1[(1) Aman committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favors; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually colored remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
The procedure of its complaint is however governed by the sexual harassment of women at workplace act, 2013. As per the provisions of this act, a complaint can be registered either to an internal committee within the organization or with a local committee if it is not possible to register it with the internal committee due to certain reasons. Sections 4 & 6 of the act provide for the constitution of an Internal Complaints Committee within the organization and a Local Complaints Committee under a district officer.
As per section 9 of the act, any aggrieved woman, or if she is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir can make a complaint in writing to the internal committee (if any). In such cases where there is no internal committee, the complaint has to be made to the Local Committee. Usually, the complaint has to be made within 3 months of the incident, however, the time can be extended by the committee if it is satisfied that it was because of certain circumstances that the women was unable to file a complaint within the said period. Unless there is a request by the aggrieved woman to reach a settlement, the committee has to proceed with the inquiry of the case. However, if the aggrieved woman requests for reconciliation, the committee will first try to make settlement between both the parties and no enquiry will be held if a settlement is reached. If the inquiry is being governed by an internal committee, the provisions for service of the accused will be applicable on it.
Where there are no such provisions or the inquiry is being held by the Local Committee, the committee will forward the complaint to the Police within 7 days, who will register the case under section 509 of IPC. During the inquiry, both the parties must be given a chance to be heard and a copy of the findings of the committee. If the accused is convicted, the aggrieved woman will be paid such sums as determined by the committee, taking into consideration – the mental trauma or suffering of the woman, loss of career opportunity to the woman, medical expenses incurred by the women, the financial status of the convicted and the feasibility of such payments.
Other than the providing relief to the aggrieved woman, the act also provides a remedy to the accused against any false or malicious complaint by a woman. If the committee is somehow satisfied that the complaint filed by the woman is false or malicious, it may take appropriate actions against the women. Where wrong evidence was given by any witness, the committee may direct the employer or as the case may be to the district officer to take action against him.
Prima facie, the legislations sound foolproof and do not leave any scope for injustice to prevail. However, in practice, there is a lot of laxity and procedural anomalies which hinder the path of justice. Therefore, one should be wary of the provisions and procedures, and the personnel appointed to enforce these.
For case specific advice, please contact Top POSH Lawyers Advocates who deliver training and orientation programs on the subject.
This post is written by PRAJJWAL GOUR. For more info, dial 99888-17966.
