1. Selection of the committee members .
2. Chair person must be a women.
3. How to Implement the guide lines.
4. Role of the NGO in the committee function by IGNOU.
5. Nos of women members in the committee, at least 50:50 ratio.
6. Complant /enquiry report submitted to local authorized personal.
7. Registration of the complaint.
8. Role of NCW/DCW/Delhi police Crime against Women cell.
REPORT SUMMARY ON SEXUAL HARASSHMENT
On August 13 1997 the supreme court of India passed a land mark judgment in the case of vishakha v/s rajasthan state and other which recognized that sexual harassment at the work place exit and it is a human right violation. It is also recognized that sexual harassment of women in the work place is a violation of the fundamental right of “Gender Equality” , Right to life and liberty”.
There violation of an individuals of right under Article 14,15,(1) & 21 of the constitution of india.
An instant of sexual harassment at the work place is also violation of an individual fundamental right to practice any profession and carry out any occupation trade or business which depend on the availably of a “Safe “ working environment under article (19)(1)g.
Sexual harassment has no boundary, it has been addressed primarily as on obstacle to women integration in the work force but the behavior it in caressingly being recognized as an obstacle to women in all institution informal any worker regardless of race, sex, age, and a economical or educational status is vulnerable to sexual harassment.
It can come to for any one: a supervisor, a professor, a co-worker, a client, a vender, a contractor.
Sexual harassment may be a conduct that is a sexual in nature or may relate to the sex of the target.
Sexual harassment is about power and intimidation and not sexual attraction it reinforces gender stereotypes and economic power over women in the work palace.
Sexual harassment is a human right abuse and a farm of sex discrimination, sex discrimination is employment means that the terms and condition of the target employment are not equal to that other employment are not equal to that of the other employee, simply because of the target sex.
WHAT IS SEXUAL HARASSMENT:
Guidelines on sexual harassment in the work place has defined sexual harassment as unwelcome sexually determine behavior.
Such as :
A demand or a request for a sexual favor.
Showing pornography and other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
HOSTILE WORK ENVIRONMEN
1. Explore the available channel in the organization channel .
2. Remember that your supervisor / employer has a legal obligation to response to your complaint.
3. File illegal complaint.
4. Documentation meeting with employee
5. Pay attention to work environment.
6. Supreme court has directed that all employers whether public, private, strictly observe it direction in all work place to prevent and readdress sexual harassment in the work place .
7. Supreme court guidelines/ direction have the components prevention and redress.
8. Prevention mechanism
9. Redressal mechanism.
10. Preview of complaints committee .
11. State complaint committee.
12. Composition of the state level committee.
As order :
1. Chair person – member of the secretary of the committee.
2. Two nos member may be senior women IAS officer.
DUTY OF THE EMPLOYERS OR OTHER RESPONSIBLE PERSON IN WORK PLACE AND OTHER INSTITUTION
Prevention the following steps:
1. Criminal proceeding.
2. Disciplinary action.
3. Complaint mechanism.
4. Worker initiative.
5. Third party harassment.
All the guide lines will not prejudice any right available under the protection of human right act 1993.
LAW SAYING :
1. Sexual harassment is not only a social harassment but is also a crime in the eye of the law.
2. Harassment could face punishment under the following section of IPC
3. Section 294 – obscene gesture or songs.
4. Section 354— out raging the modesty of a women by using criminal force.
5. Section 504—out raging a women modesty through absences words and gesture’s.
WHAT CAN YOU DO.
Sexual harassment is a small attempt of male the public awareness about the seriousness of the issue and how it effects women and girls getting a deeper understanding of the term could help young adult, learn to respect members, of the opposite sex and help change aggressive behavior .
ROLE OF STATE COMPLAINT COMMITTEE
Monitor work of department committee set up a register and lodging in to complaint of sexual harassment with the department for time bound 30 working days.
Department complaint committee:
All the head of the department / autonomous organization on shall constitute a dept complaint committee.
Three nos of senior female staff/ department
An NGO may be associated with the function to insure transparency
Enquiry procedure :
1. Complaint committee to complete enquiry with in 30 days.
2. Chair person to convince meeting of complaint committee with in one week of receipt complaint
3. Coram for complaint for committee meeting will be 50% chair person and third party mandatory.
4. Both party will be question separately
5. Counseling service can be provided.