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Vishakha Guidelines: Sexual Harassment at Work Place
Vishakha Guidelines: Sexual Harassment at Work Place
Sexual harassment in workplaces is not an isolated phenomenon, but a manifestation of the larger gender discrimination in society. It is a widespread and everyday occurrence, though seldom recognized as such. Women victims of sexual harassment are reluctant to even admit to this because of social stigma, ostracism and fear of reprisals while men find the issue threatening and uncomfortable and either deny its existence or trivialize it.
Who are covered under this? Women who : Draw a regular salary Receive an honorarium. Do voluntary work in the government, private and unorganized sector.
Remedies : Acts of sexual harassment are covered by: IPC Sections 292 294: Obscenity IPC Section 354: Criminal Force or Assault Intended to Outrage Modesty IPC Section 375: Rape IPC Section 509: Word, Gesture or Act Intended to Outrage Modesty Protection of Human Rights Act, 1993 Remedies in Visakha vs. State of Rajasthan are in addition to IPC. Visakha requires the employer to give a police complaint where sexual harassment also amounts to an of fence. It shall be the duty of the employer or any other responsible person in work places or other institutions to prevent or detect the commission of acts of sexual harassment by taking all steps required.
Employer's Obligations :It shall be the duty of the employer or other responsible persons in work places to prevent or deter the commission of acts of sexual harassment and to provide for the resolution of acts of sexual harassment by taking all steps required. The employer shall; Create awareness Constitute complaints mechanism Initiate disciplinary action against perpetrators Initiate criminal action where required Provide support mechanisms to victims
Complaints Mechanism :An appropriate complains mechanism should be created in the organization for redressal of the complaint made by the victim. Such mechanism should ensure time bond treatment of complaints. The complaints committee should be headed by a women and not less then half of its members should be women. It should include a member from NGO or other body familiar with the issue of sexual harassment. The complaints committee must make an annual reports to the government with the action taken report. It provides for assistance of a special counselor or other support service to the complainant. Further confidentiality in the proceedings is to be ensured. The victim has the option to seek transfer of the perpetrator or her own transfer. The complaints mechanism has to be understood in the context of evolving concepts of fair procedure. It is now beginning to recognize victims' rights, both in criminal law as well as in service law.
CONCLUSION
Using an action research paradigm, before-and-after assessments were made of the women's working knowledge of dispute resolution techniques, data entry and data management. It was concluded that the use of webbased technology proved a viable method of delivering training for these women police officers. There is little doubt that this form of training could be expanded to cover all the AWPSs in Tamil Nadu and to deliver training in dispute resolution in other Indian states. It could also be adapted to teaching other skills than dispute resolution. While controversy surrounds the use of mediation and negotiation in domestic violence, there is already evidence that elementary dispute resolution practiced by the Tamil Nadu women police can resolve conflicts creatively and effectively. Providing these police officers with deeper theoretical understanding of domestic violence and more knowledge of professional dispute resolution techniques the objective of the Queen's Award training should enhance their capabilities in dealing with domestic disputes and violence. It will help them to create an environment that encourages both parties to communicate from a place of personal strength and good faith, where underlying interests are fully understood and the most creative solutions can arise. This has major implications for increased recruitment and improved utilization of women police officers. Equally important, it offers an improved method for dealing with the dowry disputes that are a scourge of Indian Society.
Title :- Vishakha Guideline Name :- Shabir Shendu Class :- S.Y.B.Com Div :- B (Computers) Roll no :- 4101 Subject :- Foundation Course