Matter of concern

Sexual harassment at workplace is a raging issue 

EVESCAPE News Features/GPA

Recent media reports of a complaint of sexual harassment at workplace by a Margao Municipal Council (MMC) employee (with disabilities) allegedly involving a high ranking officer of the civic body,  has once again brought the focus on the vexed issue. The Goa Municipal Employees Association (GMEA) in a media briefing held recently has warned of taking recourse to further action if the government fails to take action in the matter as per law.

According to its General Secretary Anil Shirodkar, the GMEA had submitted a memorandum to the Chief Secretary, Secretary - Urban Development Ministry, Director of Municipal Administration, besides the chairperson of the MMC seeking redressal as per the Vishaka guidelines.
Questioning the silence of the government in the matter for over two months now, the GMEA in a fresh memorandum to the Chief Secretary, has alleged that the chief officer against whom the complaint has been lodged “has  the been pressurising the complainant”. In another development in the matter, an audio clip of some ex councilor allegedly pleading the complainant to compromise the matter has also gone viral, thus forcing the GMEA to seek security for the disabled complainant under the Goa disabilities Act which is in force since 2019.

The Supreme Court defined sexual harassment as any unwelcome, sexually determined physical, verbal, or non-verbal conduct. Examples included sexually suggestive remarks about women, demands for sexual favours, and sexually offensive visuals in the workplace. The definition also covered situations where a woman could be disadvantaged in her workplace as a result of threats relating to employment decisions that could negatively affect her working life. It placed responsibility on employers to ensure that women did not face a hostile environment, and prohibited intimidation or victimization of those cooperating with an inquiry, including the affected complainant as well as witnesses.

It directed for the establishment of redressal mechanism in the form of Complaints Committee, which will look into the matters of sexual harassment of women at workplace. The Complaints Committees were mandated to be headed by a woman employee, with not less than half of its members being women and provided for the involvement of a third party person/NGO expert on the issue, to prevent any undue pressure on the complainant.
The Vishaka Guidelines and now the 2013 Act has given critical visibility to the issue of workplace harassment and ensures that workplaces own responsibility within this context and ensure that women can work in safe and secure spaces.

The Vishaka Guidelines are applauded for recognizing sexual harassment as a violation of the fundamental right to equality for the first time, and this notion found its way into the Act, thus promoting the right of women as citizens to a workplace free of sexual harassment. The workplace Complaints Committees are now charged with the role to ensure that the right remains intact, through a fair, informed, user-friendly process of redress.

While the intent of the legislation has been lauded, implementation of the Act has been facing unique challenges. Experts are of the opinion that the “Act does not address accountability in a satisfactory manner. It fails to specify who is in charge of ensuring that workplaces comply with the Act, and who can be held responsible if its provisions are not followed.”

There  is a large chunk of employers and employees who are still in the dark about the provisions and effectiveness of the statute. Another key aspect of the law is that the IC has been designated as Civil Court to deal with specific activities under the abovementioned anti-sexual harassment act. However, the major challenge for most employers is in appointing an appropriate person as an external member on the IC.

With three key obligations, namely; prohibition, prevention and redress, thus raising the bar of responsibility and accountability in the Vishaka Guidelines, the Supreme Court has placed an obligation on workplaces, institutions and those in positions of responsibility, to uphold working women’s fundamental right to equality and dignity at the workplace. While there are always two sides to a story, it is the duty of the complaint handling mechanism to probe such matters within stipulated time frame so as to get to the truth of the matter.

Legally, workplace sexual harassment can no longer be dismissed as mere moral transgression. To my mind, facilities appointed to protect the rights of women in the state that run on exchequer funds should intervene in such matters by taking suo moto cognizance -- especially when the matter pertains to government institutions – this in the wake of public trust in the government in force. On the other hand, the silence of these institutions in such matters is not only a grave concern but also points to their lack of commitment to the cause of women in distress.