Sandhya works in a relatively small company that has 20 employees. She supports her family comprising her widowed mother and a younger brother. At work, a male colleague of hers, Naresh, sends her sexually explicit messages on WhatsApp and touches her inappropriately when she is alone. This happens even when the two go outdoors to arrange and host events of the company. Sandhya makes it clear through her body language that she rejects Naresh’s advances but he continues to harass her.
Sandhya fears that if she complains about Naresh to her superior she might be misunderstood and get victimised. She wants Naresh to stop misbehaving and also wants to retain her present job for a couple of more years. Although Sandhya is under stress and suffers from insomnia as a result, she chooses to suffer in silence and wait for good sense to prevail on Naresh.
Do you agree with Sandhya’s approach? Can Sandhya do something to get justice? Does her employer have any obligation towards women like her even before they complain? Does Sandhya have to take sexual harassment in her stride because she can’t afford a lawyer or is there an ecosystem in place that gives her a fair chance to be heard? How did the relevant law come into being?
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sandhya should immediatly complain to the police and arrest him.
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No, Sandhya need not take sexual harassment in her stride just because she cannot afford a lawyer. Morever, Sandhya's employer must treat sexual harassment as misconduct & accordingly initiate action for such misconduct. Sexual harassment has to be dealt with in the same manner as any other acts of misconduct. Also Sandhya can approach legally against Naresh and anyone who supports Naresh in this incident through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, so as to safeguard herself as well as her job
Explanation:
- The Sexual Harassment of Women at Work Act 2013 is a law in India aimed at protecting women against sexual harassment at their place of work. . The Act was largely taken from the "Vishaka Guidelines". In cases of sexual abuse at the workplace, the Vishaka Guidelines included certain procedures. The Act defines "sexual harassment" at work and provides for a complaints remedy mechanism. It also provides protection from malicious or false charges.
- The Act also includes the definitions of "quid pro quo" coercion and the 'hostile work environment' as forms of sexual assault where it is in conjunction with actions or behavior, or the description of 'aggrieved individual' who is to be included incredibly broad under the Act in all women's industries, regardless of age or jobs. An employer is described as someone in charge of the administration, supervision and regulation of the work place & comprises individuals who, under Section 2(g), devise and manage strategies of such an entity.
In addition to the agreement with other requirements, the Sexual Harassment Act provides the employer, inter-alia, with certain responsibilities.
- Provide a safe workplace for all staff especially women employees
- Present clearly at the workplace the substantive implications of sexual assault and making up of the Employee Complaints Committee
- Organizes seminars and awareness-raising events on topics and consequences of sexual assault at work at frequent periods for personnel sensitisation and develops training services for internal grievance committee (ICC) members.
- treat sexual assault as a "gross misconduct" under the rules for service & initiate action for such "misconduct".
To know more
The Policy on 'Prevention of sexual harassment at workplace ...
https://brainly.in/question/18988011
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