harassment of women in work places
Desi
(Querist) 04 August 2009
This query is : Resolved
Supreme Court of India has given certain guidelines in the famous Visaka's case to the public sector employers to prevent or deter harassment of women in work places.
One major requirement is to set up a Committee headed by a senior woman officer to acept complaints against men who harass their women colleagues.
I wish to get the following points clarified:
1. whether a complaint will lie against another woman?
2.Does the Committee have powers to summon the accused and examine him/her?
3. If the Committee finds that the accused is guilty as per the complaint, what action can it take? Is it recommendatory or substantive?
Awaiting reply.
Desi Matthai
Advocate SK Rohilla New Delhi
(Expert) 04 August 2009
Dear Desi,
The answer to your quary is following:
1. No, the guideliness is to prevent sexual harassment against woman.
2. No, committee can only initiate disciplinary proceeding against the wrongdoer and cannot summon him.
3. If a clear offence is made out under section 294, 354, 509 IPC and under Indecent Representation of Women (Prohibition) Act (1987) than no proceeding is allowed and a case is to be compulsory registered against the wrongdoer. However, the proceeding of committee or its findings can be used in evidence against the accused person as evidence of his character.
Guest
(Expert) 05 August 2009
Answer pointwise:
1. Yes. If the complaint is by a woman against another woman regarding sexual harassment, it is maintainable.
2. Yes. Can be summoned /noticed. If the accused won't appear, as the committee has derived its powers from disciplinary authority, it amounts to willful disobediance of a reasonable order by the superior authority (here, the committee) and amounts to major misconduct and the accused face one more charge from the disciplinary authority.
3. The committee gives its "findings" to the disciplinary authority and the disciplinary authority will take his own decision objectively on the basis of the findings and if the findings denote the culpability of the accused, after giving reasonable opportunity to the accused the disciplinary authority impose punishment, which can go to an extent of dismissal from service and lodging criminal case against the person.
