Source: Indian Centre for Human Rights And Law, All Orissa Young Lawyers Forum –Human  Rights Law Network, Socio-Legal Information Centre

Location: Mumbai, Maharashtra

Bhubaneswar, Orissa

New Delhi, Delhi

Language: Oriya

Translation:

Sexual violence at workplace

What is sexual violence?

As per the judgment by Supreme Court on Bisakha case (Bisakha verses Rajasthan Case 13^th August 1997) the sexual harassment is defined as,

any kind of unacceptable sexual behavior like :

a)      Physical contact

b)      Demanding for or requesting for sexual relation

c)       Sexually colored conversations or giving any sexual remarks

d)      Showing pornography or such in writings

e)      Any other non-verbal non-physical sexual conduct

 

Bisakha guidelines is applicable to all such places like

 

This is applicable to all such places like government,  non-government ,organized or un-organised institutions. All salaried women and women working voluntarily in such institutions will get such benefits. As per the instruction of Supreme Court the authority of the institution will take steps to make the institution free from sexual harassment. They will make arrangements for receiving such type of complains from woman complainant.

How to register the complain

–          Every institution will have a forum, advisor council or any other such arrangements where the affected women can go and give their complain.

–          That forum will be active in the institution. Out of total members of such forum fifty percent will be women and the forum will be headed by a woman.

–          NGOs and other individuals working on such issues should be invited to be part of such forum.

–          The grievance should be addressed with a time limit.

–          Secrecy of such grievance will be maintained.

–          The authority of the institution will look into the affected women and her witness not be harassed further. The authority should how they will not loose their jobs.

–          The forum will produce report annually and they will mention the steps taken so far for checking sexual harassment.

Responsibility of Head of the Institution

–          The Head of the institution should take sexual harassment cases seriously and he/she will take immediate steps for avoiding repetition of harassment at their places.

–          Head of the institution will take steps to check such harassment. The head of the institution can not his/her ignorance of such incidents.

–          Every institution will have a set of rules to check such harassment at their place.

Those rules will be:

a)      The head of the institution will be bound to check harassment in their workplaces. He/she will communicate all women staffs in written about the steps taken in that direction.

b)      Sexual harassment is a crime – this will be communicated by the authority to all staffs.

c)       Fifty percent members of the forum will be women. The forum will be headed by a woman member. On any complain, the members of the forum will do investigation and will advise the authority about possible steps to check such harassment in future.

d)      It will be in written that after such investigation action would be taken against perpetrator of such crime if the forum feels so.

e)      The forum will define the type of punishment clearly for each type of such harassment.

f)       All type of secrecy about the complain and its complainant will be maintained.

 

Such set of rules must be circulated in among the staffs.

 

How to prevent sexual harassment

What the women staff should in such situation;

1. She should oppose such misbehavior by any staff of the institution and try to make it public.
2. She should gather sufficient witnesses of the incidents.
3. She should write down such misconduct and give the  complain in writing.
4. Such complain should be reported within the institution. If the complainant feels that her complain is not listened properly then  she can approach a)government,  b) police, c) other institutions.

Myth and Reality

Myth : Women love such behavior  and like such sexual remarks.

Reality:  Women hate such behavior and becomes fearful after such behavior.

Myth :  It is a silly matter. Women those are serious about it are not liking merry making.

Reality : All type of disrespect causes harm to the modesty of a woman.

Myth : Dress is the prime reason of sexual harassment.

Reality : It is foolish to say so. Every woman has the liberty to wear and move places as per of her own choices.

Prepared by:

Indian Centre for Human Rights And Law

4^th floor

CBOD Jain library

84 Samuel street ,

Dhongari, Mumbai – 400001

 

All Orissa Young Lawyers Forum –Human  Rights Law Network

Plot : 403, B Block

Rashmi  Vihar Apartment, Budheswari Colony

Bhubaneswar – 751006

Pin – 0674-3096653

 

Socio-Legal Information Centre

65, Masjid Road,

Jangpura

New Delhi – 110014