Prevention of Sexual Harassment - Workshop on 30th July 2016 at IBIS Novotel by Adv. Sonia Rajesh

1. l a w y e r s o n i a @ g m a i l . c o m

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Agenda …
• Introduction
• What is Sexual Harassment
• Role of external member to the ICC
• Quotable Cases … India

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• Sonia Rajesh BAL, LLB
• Graduated from University of Mysore 2007- 08
• Member of Karnataka Bar Association 2008 - 09
• 9 Years Total Experience
• Areas of practice
• Family Law
• Criminal Defence
• Arbitration & Dispute Resolution
• Marital and Pre-Marital Counselling
• Women Rights and Anti Sexual Harassment
introduction …

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what is sexual harassment
any unwelcome sexual gesture or behaviour whether directly or indirectly as
- sexually coloured remarks
- physical contact and advances
- showing pornography
- a demand or request for sexual favours
- passing sexually offensive and unacceptable remarks
- any other unwelcome physical, verbal/non-verbal conduct being sexual in nature
the critical factor is the unwelcomeness of the behaviour, thereby making the impact
of such actions on the recipient more relevant rather than intent of the perpetrator

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sexual harassment is gender agnostic
Sexual Harassment
is in the Mind
before it becomes
Physical / Real
In India… we have laws
enforcing prevention of sexual
harassment of WOMEN at
work place when they are
subjected to harassment by
MEN under this act

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some statistics…

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role of external member to ICC
 Provide hand holding support in the functioning of the ICC
 Assist the ICC in conducting the Inquiry if/when there is a complaint
 Record the minutes of the regular meetings
 Prepare the content on the functioning of the ICC in the Annual Report of the organisation
 Assist the Employer in conducting awareness training for all the employees
 Conduct Orientation programme for the members of the ICC
 Give appropriate advice as and when called for to the members of the ICC and to any employee who
has approached (ensure the implementation of law as per the procedures established)
 Ensure total compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013

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quotable cases…
KPS Gill : Senior IAS officer Rupan Deol Bajaj complained in 1988 that former Punjab director general of police, KPS Gill,
touched her inappropriately at a party
Trial court convicted Gill in 1996. Supreme Court upheld the decision in 2005 but the former top cop didn’t serve any jail time
Phaneesh Murthy : One of India’s best known software executives and a rising star at the time, Phaneesh Murthy had to
resign from Infosys in 2002 after his secretary Reka Maximovitch accused him of sexual harassment
Infosys settled for $3 million outside court. Murthy was also sacked by another IT firm IGATE in 2013 on sexual harassment
charges. Today IGATE is no more a logo… its CAPGEMINI, such incidence impact the brand too…
Gopal Kanda In a 2012 suicide note, 23-year-old airhostess Geetika Sharma charged Gopal Kanda, a former Haryana
minister, of sexually harassing her and forcing her to take her life
The case is being tried in the Delhi high court
David Davidar : Indian-born author was sacked as head of Penguin Canada in 2010 following allegations by another firm
employee, Lisa Rundle, Davidar sexually harassed her for three years, assaulting her in 2009 during the Frankfurt Book Fair
Out-of-court settlement in 2010

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quotable cases…
Asok Kumar Ganguly The former Supreme Court judge stepped down as head of the West Bengal human rights
commission in 2014 after a law intern accused him of sexually harassing her at a hotel room
A three-member Supreme Court panel indicted Ganguly for “unwelcome behaviour” and “conduct of sexual nature”, prompting
his resignation
Tarun Tejpal Possibly the most notorious case of them all. The former Tehelka chief was accused of sexual assault and rape
during a Goa event by a former colleague. The case grabbed international headlines after allegations that staffers at Tehelka
had tried to bury the complaint
The case is being heard in a Goa court.
Shiamak Davar The Bollywood choreographer was sued by two Vancouver-based former students of his dance school for
sexual harassment in Canada last year. The two men accused Davar of “controlling” them through a spiritual organisation and
“grooming” them into “sexual submission”
Hearings on in Canada
RK-Jhunjhunwala, A Singapore-based Indian businessman was at the centre of a controversy after a woman posted a
video on social media accusing him of allegedly trying to touch her inappropriately on a flight last week
The police lodged a case against him under Section 354-A of the Indian Penal Code (making physical contact and
advances involving unwelcome sexual overtures). Hearing is on

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11. 1111
back up slides…

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POSH @ workplace
Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal)
Act, 2013 is a legislative act in India that seeks to protect women from sexual
harassment at their place of work.
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of
complaints of sexual harassment and for matters connected therewith or incidental thereto.
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14
and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and
right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe
environment free from sexual harassment;
AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized
human rights by international conventions and instruments such as Convention on the Elimination of all Forms of
Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women
against sexual harassment at workplace