Workplace Harassment: Landscape of Technology and Workplace Harassment

The integration of technology into our professional lives has brought about numerous benefits, but it has also opened new avenues for workplace harassment. This article delves into the intricate relationship between technology and harassment, shedding light on the various dimensions of cyberbullying, online harassment, and the role of social media in addressing workplace misconduct.

The Rise of Cyberbullying in the Workplace:

As our workspaces become increasingly digital, so does the potential for cyberbullying. Online platforms and communication tools, once heralded for enhancing collaboration, have become breeding grounds for harassment. Cyberbullying in the workplace can take various forms, including offensive emails, malicious instant messages, or even the dissemination of harmful content through company networks.

The anonymity afforded by digital communication often emboldens perpetrators, making it challenging for victims to identify and report their harassers. Companies are now grappling with the task of adapting their anti- harassment policies to address these digital threats, emphasizing the importance of maintaining respectful and professional communication in all online interactions.

Online Harassment Beyond Office Hours:

The boundaries between personal and professional lives blur in the digital age, and with this blurring comes the risk of online harassment extending beyond the confines of the workplace. Social media platforms, initially designed for personal connections, have become spaces where workplace misconduct can spill over. Employees may experience harassment through inappropriate messages, comments, or even doxing on their personal social media accounts.

Companies are now confronted with the challenge of establishing guidelines for off- duty conduct while respecting employees' rights to privacy. A proactive approach involves educating employees about responsible online behavior and enforcing consequences for those who violate digital boundaries.

The Double-Edged Sword of Social Media:

While social media platforms provide avenues for addressing workplace misconduct, they also present challenges in managing the fallout. Whistle blowing, sharing experiences, and building solidarity are positive aspects of using social media to combat harassment.

S. Malik v. High Court of Delhi (2020) 19 SCC 714:

In the case of S. Malik v. High Court of Delhi, the petitioner, an Additional District Judge at Dwarka, New Delhi, faced allegations of sexual harassment at the workplace by a Junior Judicial Assistant. The complaint was submitted to the Chief Justice of the High Court of Delhi, leading to the formation of an Internal Complaints Committee (ICC) to investigate the allegations.

The petitioner was suspended pending disciplinary proceedings, and the ICC recommended a disciplinary inquiry. The Full Court of the High Court initiated disciplinary proceedings under Rule 8 of the All-India Services (Discipline and Appeal) Rules, 1969. The inquiry was conducted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The petitioner challenged the proceedings through a writ petition, raising questions about the jurisdiction of the High Court as a disciplinary authority, the validity of the decision to initiate the inquiry and suspend the petitioner, and the non-supply of the Preliminary Inquiry Report by the ICC.

The Supreme Court noted that the issues raised by the petitioner were still relevant in the ongoing disciplinary proceedings and cautioned against expressing opinions that might prejudice the parties. The Court emphasized that the disciplinary proceedings were yet to reach a final stage.

Key Issues and Supreme Court's Observations:

1. Jurisdiction of the High Court as Disciplinary Authority:

The Supreme Court rejected the petitioner's argument that the High Court lacked jurisdiction. It clarified that the power to suspend a judicial officer vested in the High Court, and the Full Court had the authority to initiate disciplinary proceedings based on sufficient material. 

2. Validity of the Decision to Initiate Inquiry and Suspension:

The Court upheld the decision of the Full Court dated 13-7-2016 to suspend the petitioner and initiate the inquiry proceedings. It found no error in the actions taken in accordance with the 2013 Act and stressed that the Full Court had the power to initiate disciplinary proceedings against the petitioner.

3.Non-Supply of Preliminary Inquiry Report:

The petitioner argued that non-supply of the Preliminary Inquiry Report dated 5-11-2016 vitiated the proceedings. The High Court contended that the report did not contain findings against the petitioner but only an opinion that a disciplinary inquiry should be initiated. The Supreme Court agreed with the High Court, stating that since the Preliminary Inquiry Report did not contain findings, the petitioner was not entitled to its copy. It concluded that no prejudice was caused to the petitioner by non-supply of the report.

Conclusion:

The Supreme Court dismissed the writ petition, emphasizing that the petitioner still had the opportunity to challenge the proceedings, including the actions of the ICC and the Inquiry Report, within the ongoing disciplinary proceedings. The Court left other questions open for the parties to address in the appropriate forum, respecting the ongoing nature of the disciplinary inquiry.

Conciliation and Posh act 2013

Conciliation is a method of resolving a conflict between parties by the use of a mediator. Only if the aggrieved party demands it, the Internal Complaints Committee (ICC) will facilitate conciliation as a means of resolving workplace sexual assault complaints.

Before conducting an investigation under section 11, the ICC should attempt to resolve the dispute between the aggrieved woman and the respondent by conciliation. It should be remembered that the respondent has no right to request conciliation) and that “no monetary settlement” shall be used as a ground for conciliation. Where a settlement has been reached, the ICC shall report the terms of the agreement and forward them to the employer, who shall proceed in accordance with the advice.

The ICC shall supply the aggrieved woman and the respondent with copies of the resolution as reported.

Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.  Conciliation is a mechanism used by the ICC to offer a substantive approach to problems posed by complainants in a reasonable and impartial manner. A settlement, such as an oral/written apology or admission of guilt, to prevent a protracted court proceeding that may be costly, inconvenient, and frustrating.

There is no prescribed procedure by the Act, so the ICC has freedom to conduct it the way it seems appropriate and follow the principles of natural justice and gender sensitivity. 

Suggested procedure to be followed:  Only carefully examined and deemed minor offenses should be solved through conciliation and major offenses (As decided by ICC to be serious) should not be attempted by conciliation.

1. A written complaint by the victim/complainant and a written request for conciliation (either through mail or written complaint) is a must.  

2. Complainant may in such request, set out her terms for conciliation (cannot include terms for monetary settlement). 

3. The ICC has to provide a copy of the complaint and such terms of conciliation as requested by the complainant to the Respondent (alleged harasser).  

4. The ICC should choose an appropriate and comfortable venue for both the parties to initiate the talk. 

5. The conciliation has to be conducted by any member of the ICC chosen by the presiding officer. The external consultant may oversee the proceedings to eliminate any sort of bias. 

6. ICC has to document details of meeting between the committee representatives, the complainant and respondent (alleged harasser) in the conciliation proceeding.  

7. Once a satisfactory settlement has been arrived at, it has to be documented and signed by all the parties who were part of the conciliation procedure. 

8. A copy of the settlement has to be given to the complainant, the respondent, the employer and one copy to be filed by the ICC for their records. 

9. Any information related to conciliation in a matter of sexual harassment shall not be published, communicated or made known to the public, press and media. The settlement reached between parties i.e. ICC members, Complainant, Respondent (alleged harasser) shall remain utmost confidential.

Harnessing Community Strength: Grassroots Initiatives in the Fight Against Sexual Harassment.

In the battle against Sexual harassment, communities are proving to be powerful allies. As the need for localized, effective solutions becomes apparent, grassroots initiatives, community organizations, and civil society efforts are emerging as the driving force behind prevention, awareness, and support for survivors. This article explores the impactful community-based approaches that are making a difference at the local level.

Grassroots Initiatives:

Grassroots initiatives form the bedrock of community-based approaches to preventing sexual harassment. These initiatives, often spearheaded by passionate individuals or small groups, work tirelessly to address the root causes of harassment within specific neighborhoods or communities. From conducting workshops on consent to organizing self-defense classes, these initiatives focus on proactive measures to foster a culture of respect and safety.

Community Organizations:

Local community organizations play a pivotal role in building resilience against sexual harassment. By providing educational resources, organizing awareness campaigns, and creating safe spaces for open discussions, these organizations become hubs for change. They collaborate with schools, workplaces, and local authorities to implement preventive measures and ensure that every individual feels supported and empowered.

Civil Society Efforts:

Civil society efforts amplify the impact of community-based approaches on a broader scale. Non-governmental organizations (NGOs) and advocacy groups contribute significantly to the fight against sexual harassment by leveraging their resources and networks. They work in tandem with local communities to address systemic issues, advocate for policy changes, and bridge gaps in support services for survivors.

Building Awareness:

Raising awareness is a cornerstone of community-based prevention strategies. Initiatives often organize community events, street plays, and awareness campaigns to disseminate information about sexual harassment, its consequences, and available resources for support. By fostering open conversations, communities become better equipped to recognize and address instances of harassment.

Local Solutions for Local Challenges:

One of the strengths of community-based approaches is their ability to tailor solutions to local challenges. Recognizing that every community is unique, these initiatives work closely with residents to identify specific issues and implement culturally sensitive interventions. This localized approach ensures that preventive measures resonate with the community and are more likely to be embraced.

Support for Survivors:

Community-based approaches prioritize creating safe spaces for survivors to come forward and seek support. Through helplines, counseling services, and survivor-led support groups, these initiatives aim to dismantle the isolation often felt by survivors. By fostering a sense of community and empathy, survivors are encouraged to reclaim their agency and heal within a supportive network.

Challenges and Triumphs:

While community-based approaches showcase numerous triumphs, they are not without challenges. Limited resources, cultural resistance, and the need for sustained engagement pose ongoing hurdles. However, the successes of these initiatives, from shifting societal norms to empowering survivors, demonstrate the transformative impact that dedicated community efforts can achieve.

Conclusion:

Community-based approaches are proving to be invaluable in the fight against Sexual harassment. By harnessing the collective strength of grassroots initiatives, community organizations, and civil society efforts, we can create a world where every individual, regardless of their community or background, is free from the shackles of harassment. As we celebrate the achievements of these community-driven initiatives, it is clear that the path to a safer, more respectful society begins at the local level.

PoSH in Higher Education Institutions in India

Poshadvo

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. 

A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. 

It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role in this while also including formal and informal workspaces and that the law is not confined to the corporate environment in the formal sphere. 

A federal law that forbids sexual harassment of female employees and students in higher education institutions is the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015. 

In an effort to make changes, the UGC (Prevention, Prohibition, and Redress of Sexual Harassment of Women Workers and Students in Higher Education Institutions) Regulation, 2015 requires all universities, colleges, and deemed universities to adhere to a set of rules to ensure that the campuses are free from sexual harassment.

In order to prevent gender bias, the term "students"assures that the legislation covers every person registered in a specific higher education institution, regardless of their gender. 

An internal complaints committee must be established at every higher education institution in order to address sexual harassment claims. It must be dubbed the ICC and adhere to UGC-mandated rules if a body already exists with this goal.

Sexual abuse at work

POSHADVO has been founded to help keep workplaces free of sexual abuse across all sectors in the country.

Sexual abuse at work

POSHADVO firmly believes, as an organization, that sexual harassment is a serious denial of the right to equality, dignity and respect. Sexual abuse at work is something that most people routinely witness, but many do not openly speak about. Typically, this is for fear of losing their job, facing society's scorn, being caught up in never-ending court action or for other unspecified reasons.

Gender equality in all dimensions is a basic human right and the Constitution of India (“Constitution”) guarantees all its citizens equality of status and opportunity. Sexual harassment is considered as a violation of a woman’s fundamental right to equality, which right is guaranteed by Articles 14 and 15 of the Constitution. The Constitution also provides every citizen the ‘right to practice or carry out any occupation, trade or business, which includes the right to a safe environment, free from all forms of harassment.

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