Law on Sexual Harassment in India

 

Some of the important norms prescribed under the Guidelines are:

 

Preventive Steps and Awareness:

 

All employers or persons in charge of work place whether in the public or private sector are required to take appropriate steps to prevent sexual harassment in the organization and undertake the following steps:

 

There should be an express prohibition of sexual harassment at the work place and this prohibition should be notified, published and circulated in appropriate ways so that awareness of the rights of female employees is created in the Company. For instance, company can incorporate the policy related to sexual harassment in its Employee Handbook/Manual and make it available to each of its employee on her/his joining the services of the company. For the employees who are already working with the company, the management may circulate the revised and amended Employee Handbook (containing the policy against sexual harassment) or alternatively make it available online on intranet. It is advisable to seek acknowledgement receipt of the Handbook from the employees. If the management has concerns related to publishing the policy on prominent places on notice boards of the Company, inclusion of the policy in the Employee Handbook and circulation of this Handbook to each of the employees should be undertaken.

 

Appropriate work conditions are provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee women have reasonable grounds to believe that she is disadvantaged in connection with her employment.

 

Appropriate disciplinary action should be initiated by the Company in the event of a misconduct.

 

Complaints Committee:

 

An appropriate complaint mechanism would need to be created for the redress of the compliant made by the concerned employee. The complaint mechanism would need to be adequate to provide, where necessary, a Complaints Committee, a special counselor or other support service.

 

The Complaints Committee would need to be headed by a woman and not less than half of its members would need to be women. Further, to prevent the possibility of any undue pressure or influence from the senior levels, such Complaints Committee would need to involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

 

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

 

Employee's Initiative:

 

Employees should be allowed to raise issues related to sexual harassment at employee meetings and at other appropriate forums and it should be affirmatively discussed in employer-employee meetings.

 

In view of the aforesaid Guidelines, the Company would need to observe the aforesaid norms and circulate the guidelines against sexual harassment, may be as part of its Employee Handbook and ensure compliance of the guidelines laid down under the matter of Vishaka & othr. v. State of Rajasthan by the Supreme Court of India.

 

Seema Jhingan (the author) is a partner with LexCounsel, Law offices, a Delhi based Firm.

 

Areas of Practice:

 

Infrastructure, Telecommunications, Power, Mergers/Acquisition, Software/Information Technology, Business Process Outsourcing, Media & Entertainment, Private Equity and Venture Capital, General Corporate and Commercial, International Arbitration.

 

Professional Summary:

 

Seema Jhingan's practice spans over fourteen years during which she has acquired substantial expertise in representing developers, sponsors/lenders, venture capital investors, international corporations, financial institutions, and other strategic investors involved in the establishment, development and financing of major infrastructure and IT projects in India.

 

Seema is a Partner with a Delhi Based Law Firm LexCounsel Law Offices and regularly contributes to journals and publications and often takes up speaking engagements.