POSH - Code of Ethics

POSH - Code of Ethics

Session by Prof. Tania Sebastian on 23.06.2020 (Session AN 3 - 01:15pm to 02:45pm)

 

Notes Prepared by (Wordsmiths) during OFTP, VIT Chennai

Prof. D. Vasanth Kumar (51448) & Dr. Thangaraja Arumugam (51353)

 

Introduction & Welcome address

·      Dr. J. Bhavani (Moderator) – Resource Person Introduction & Welcome address

·      Presentation on POSH – Code of Ethics by Prof. Tania Sebastian

 

Gist of the Presentation

·      Sexual Harassment Act and its necessity

·      Meaning of Harassment

·      Types

·      POSH Act

·      Recent events (#metoo and inclusiveness of gender)

 

SEXUAL HARASSMENT (SH)

Meaning

·         Any behaviour that annoys or troubles someone. Generally, woman needs to be secured in the work place

·         Unwelcome comments and words

·         Sexual in nature

·         A subjective experience

·         Impact not intent is what matters

·         Different things to different people

·         Superiors who may engage SH

·         Presently, anyone can file a SH on a co-worker

 

QUID PRO QUO – FORCED TO SAY YES

(Example)

Do as I say – Then you will be promoted

Do as I say – Then you will terminated

Scenario – 1 (Physical touch)

Shamima a lawyer who works as a researcher, her boss (Dr. Bhavan) along with her went for a visit for 2 days to Shimla. He has given continuous distresses and unwanted physical touches during the 2 days visit. When she refused, he threatened to destroy her career and that he will ensure that she loses her job.

 

Scenario – 2 (No physical touch)

Renuka is employed as domestic worker (servant maid), Renuka finds the male member constantly leering at her and often walks around the house wrapped with a towel makes her uncomfortable. On one occasion, Renuka was sleeping, he pinched her bottom. When she protested, the male member in the house threatened to accuse her of stealing money and that he will ensure that she loses her job.

 

HOSTILE WORK ENVIRONMENT

Scenario - 1 (Unorganised Sector) - Not comfortable with the behaviour of the superior.

Varghese, Jayanthi’s superior, often tries to touch her. For example, he adjusts her dupatta while she is sewing at her workstation. Jayanthi is very uncomfortable with his behaviour and her colleagues at the workplace ridicule Jayanthi and often gossip her and Varghese for the “Special Treatment”.

 

Scenario – 2 (Organised Sector) – Not comfortable with the behaviour of the superior.

Asha is a researcher at a media agency led by Dr. Purshottam, a well-known journalist. Dr. Purshottam is very pleased with Asha and appreciate her publicly during initial working period. Later few months, Dr. Purshottam makes verbal sexual advances and sexually coloured remarks, brushes asides her protests. Once she rebuffed his sexual advances, he ridicules her work and humiliates her in the presence of colleagues. He discriminates against her by allotting projects to her and arbitrarily withdrawing the work. 

 

TYPES OF SEXUAL HARASSMENT

Quid Pro Quo	Hostile Work Environment
Quid pro quo refers to instances where sexual harassment is used as a bargaining tool.	This type of harassment involves inappropriate sexual advance and requests, but does not involve an exchange.

Unwelcome/ Consent

·         Case study of Bill Clinton / Monica Lewinsky. Monica Lewinsky was a 21-year-old recent college graduate with an unpaid internship in the President Bill Clinton’s office. The relationship between Lewinsky and President Clinton came to light 20 years ago, and the fallout would dominate 1998’s news.

 

HISTORY OF SEXUAL HARASSMENT

·         Things that were quite unspeakable and were taken for granted by everybody – Reva B. Siegel

·         Based on the 18^th century Hellen campus report, the woman need to undergo sexual harassment.

·         Early 19^th century no act/ no legislation/ no remedies for sexual harassment. Unsolicited nonreciprocal male behaviour that asserts a woman’s sex role over her function as a worker.

·         Later 19^th century, gender is incidental to the claim of abuse. During 1986 and 1993 US cases

v Supervisor invited a female employee out of dinner, then he “suggested that they go to a motel to have a sexual relations” after resisting, she yielded. She then had some relationships with him for about forty or fifty times in the next several years and on several occasions was raped by him. You are a woman, “what do you know”? This can happen anywhere and not at the workplace. Gender incidental to the claim of abuse.

 

TYPES OF SEXUAL HARASSMENT

·         Physical

·         Verbal and

·         Non-verbal

 

Frequency of Types of Harassment

Harassment made by a co-worker or a supervisor or a customer/ client,

·         Unwanted touching, staring or leering

·         Making suggestive comments

·         Trying to discuss sex

·         Displaying offensive images

·         Repeatedly asking out

·         Trying to start a sexual relationship

 

INDIAN PENAL CODE, 1860 (PRE 2013)

·         Outraging her modesty

·         Voyeurism

·         Rape

·         Assault or use of criminal force to woman with intent to disrobe

·         Staking

 

A Case study

Bhanwari Devi, a normal village lady works with NGO to reduce the child marriages happening in Rajasthan (during 1992). Her two grandchildren, one 4 year and the other 1 year both child marriage was fixed and she made a complaint with the concern village police officials. For this reason, her husband got tied up in her house and Bhanwari Devi got gang raped by 5 persons of her village. Whenever she try to prove herself, her story was considered as always wrong and it was stated that,

·         The village head cannot rape.

·         A member of higher caste cannot rape a lower caste women because of reasons of purity.

·         Men of different castes cannot participate in gang rape.

·         Elder men of 60-70 years cannot rape.

·         A man cannot rape in-front of a relative.

·         Bhanwari Devi’s husband couldn’t have quietly watched his wife being gang-raped.

Supreme Court in 1997, Vishaka versus State of Rajasthan, released guidelines for sexual harassment includes,

·         Unwelcome sexually determined behaviour (whether directly or by implication) as,

v Physical contact and advances.

v A demand or request for sexual favours.

v Sexually coloured remarks.

v Showing pornography.

v Any other unwelcome physical, verbal or nonverbal conduct of sexual nature.

TIMELINE

·         Convention on the elimination of all forms of discrimination against women, 1979.

·         1997 – Guideline by Supreme Court

·         2007 – 2013 – Drafting of law. Also the 2012 Delhi rape case

·         2013 - POSH

 

POSCH Act (2013) - Who does it apply to?

 

 

  

Written Complaint Filling Process

Written complaints can be made within 3 months and need to be filled with the concerned authorities.

Complaint Content    Description of incident (includes the below details)

                                                                                

Date, Timings, Respondent Name, Parties working relationships.

 

Complaint Process @ VIT, Chennai

 

Internal Complaints Committee @ VIT Chennai

·         https://vit.ac.in/internal-complaints-committee

 

Misuse

During, Feb 2020 Madras HC said, constitute an offence under the law against misuse.

·         The administrative head or the chief has every right to extract work and he or she has his / her own discretion and prerogatives.

·         Women employees cannot be allowed to go scot-free without completing their assignments.

·         Solitary allegation of intemperate language against a woman employee does not

 

Why do these cases get tied up?

·         Age- Whether it is a girl or a women.

·         Hesitation- reporting the incident to authorities after considerable time has lapsed.

·         Public shaming.

·         Out of court settlements.

 

METOO MOVEMENT

·         The Me Too movement, with variations of related local or international person, does a movement against sexual harassment and sexual abuse where people publicize their allegations of sex crimes committed by powerful and/or prominent men. 

 

 Do’s and Don’ts

·         Retain evidence, for example messages, what’s app or any social media messages etc.

·         Retain memory, write it down

·         Inform near and dear one’s/ friends or family members.

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