Sexual harassment order of punjab & haryana high court

Naina Kapur (Querist) 28 January 2013 This query is : Resolved
I anyone familiar with an order of the Punjab & Haryana High Court passed on the 10th or 11th of Jan 2013 directing all offices to have CCTV's in their offices. This was in response to a complaint by a woman against a BPO re sexual harassment. Please let me know.

Naina Kapur
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ajay sethi (Expert) 28 January 2013

High court tells Gurgaon BPOs to install CCTV cameras on premises

TNN Jan 11, 2013, 05.38AM IST

GURGAON: As a measure to ensure better safety for women employees, Punjab and Haryana high court has recently ordered the call centres in the city to have CCTV systems inside their premises.

The court came out with the directives while hearing a sexual harassment case filed by women call centre employees against their male colleague. The court ordered the investigative agency to probe the state of safety apparatus of the firm where
the victims were working.The city has numerous big and small BPOs, which employ thousands of girls from all over the country.

The court relied on the apex court judgment, in which it is stated that it shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

The high court observed that the apex court judgment makes it obligatory for every employer and other responsible persons to follow the guidelines laid down by the Supreme Court and to evolve a specific mechanism to combat sexual harassment in the workplaces.

The court added that call centres and other institutions are also bound by the apex court order. The court also stated that it is the first and foremost duty and legal responsibility of the employer to provide safe working environment for women free from sexual harassment.

Stressing on the need for better safety measure, the court also mentioned about two broad types of sexual harassment: quid pro quo harassment and hostile environment. Defining quid pro quo, the court observed, it involves the victim being promised a benefit in exchange for sexual favours, including requests for dates. The court stated that quid pro quo can only be committed by someone who has the power to make employment decisions. On the second type of sexual harassment the court held, the hostile environment sexual harassment occurs when the conduct of the harasser creates a hostile, offensive or intimidating environment. Factors which may determine a hostile environment include: the verbal and or physical nature of the conduct, frequency of the conduct, hostility and offensiveness of the conduct, the working relationship to the harasser, perpetuation of the conduct by others, if there is more than one victim.