Yes, its a Corporation wide initiative with a Sustainability Council formed with members from all regions and sgements of the Business. We just had our first teleconference of the Council members and shall have a first meeting next month.
Undeterred by the absence of legislation covering the issue of REDACTED Harassment at the Workplace, the Supreme Court has laid down the necessary guidelines and norms in, Vishaka v. State of Rajasthan, for the protection of the fundamental rights of women, violated, as a result of REDACTED Harassment at Work. The Court has emphasised that the guidelines and norms being laid down by it had to be duly observed at all workplaces or other institutions until a legislation is enacted for this purpose and that these should be treated as law under Art 141 of the Constitution. These guidelines are in accordance with the recommendations and conventions of various international organisations like the ILO and the European Communities
The European Communities Commission has emphasised worldwide that the most effective method of combating with this menace is to develop and implement a preventive policy at the enterprise level. Taking their recommendations into considerations, the Supreme Court has laid down the following guidelines: Preventive steps : The employers should take appropriate steps to prevent REDACTED harassment. These include:
(a) Express prohibition of REDACTED harassment at the workplace should be notified, published and circulated in appropriate ways.
(b) The rules/regulations of government and public bodies relating to conduct and discipline should include rules/regulations prohibiting REDACTED harassment and provide for appropriate penalties in such rules against the offender.
(c) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have some reasonable grounds to believe that she is disadvantaged in connection with her employment.
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
In order to ensure that the victims are not discriminated against, while dealing with complaints of REDACTED harassment, the victims should have the option to seek transfer of the perpetrator or their own transfer.
Disciplinary action:
Where such conduct amounts to misconduct in employment as defined by the relevant service rules, disciplinary action should be initiated by the employer in accordance with these rules.
Complaint Mechanism:
Whether or not such conduct constitutes an offence under law or a breach of the service rules, a complaint mechanism should be created in the organisation for redress of the complaint made by the victim.
Complaints Committee:
A complaint mechanism should provide for a Complaints Committee. The Complaints Committee should be headed by a woman and not less than half of its members should be women. Further, to prevent the possibility of any undue influence from senior levels, the Committee should involve a third party, either NGO or any other body familiar with the issue of REDACTED harassment.
Workers initiative:
Employees should be allowed to raise issues of REDACTED harassment in workers meetings and other appropriate forums.
Awareness:
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines.
Third party harassment:
Where REDACTED harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
The Supreme Court has held in Apparel Export Promotion Council V. A.K.Chopra, that in any case involving charge of REDACTED harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of the case and not get swayed by insignificant discrepancies or narrow technicalities or the dictionary meaning of the expression 'molestation'. The Court also held that the statement of the victim must be appreciated in the background of the entire case.
Notwithstanding the availability of potential remedies under labour or criminal or tort laws to a victim of REDACTED harassment, it is now widely accepted that the most effective way of combating with this menace is to situate the primary remedy against REDACTED harassment in the Sex Discrimination Law itself.
Last edited: