Dear Seniors,
I have to create an Anti-Harassment Policy in my company. Meanwhile, I learned about the gazetted notification of the Sexual Harassment policy, under which only female workers can raise their voice, and it is mandatory for every organization. I have a couple of doubts regarding the same:
1) Can I include the points from the Gazetted Sexual Harassment policy in the Anti-Harassment policy, or do I need to create separate policies?
2) According to the Gazetted Notification of Sexual Harassment, the working committee must include one person from an NGO. If I want to maintain only one policy, how should the working committee be structured?
Please help.
From India, Pune
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26I have to create an Anti-Harassment Policy in my company. Meanwhile, I learned about the gazetted notification of the Sexual Harassment policy, under which only female workers can raise their voice, and it is mandatory for every organization. I have a couple of doubts regarding the same:
1) Can I include the points from the Gazetted Sexual Harassment policy in the Anti-Harassment policy, or do I need to create separate policies?
2) According to the Gazetted Notification of Sexual Harassment, the working committee must include one person from an NGO. If I want to maintain only one policy, how should the working committee be structured?
Please help.
From India, Pune
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Dear friend,
The law takes precedence over any policy framed by a company; therefore, your policy cannot override whatever is given in the Act. You have to follow whatever is prescribed in the Act, and that is the purpose of having an Act.
You have not given your location. If your company is functioning or operating within India, you have to necessarily follow the laws of the land; else, it will be considered a violation and a punishable offense. I hope your company is not in the media sector.
Warm regards.
From India, Delhi
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The law takes precedence over any policy framed by a company; therefore, your policy cannot override whatever is given in the Act. You have to follow whatever is prescribed in the Act, and that is the purpose of having an Act.
You have not given your location. If your company is functioning or operating within India, you have to necessarily follow the laws of the land; else, it will be considered a violation and a punishable offense. I hope your company is not in the media sector.
Warm regards.
From India, Delhi
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Thanks you Sir for the prompt reply.My company is in Pune. Please clarify one more thing.As per the Sexual Harassment policy ,only women can raise their grievances.What about male employees.
From India, Pune
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From India, Pune
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Dear Meenakshi,
I appreciate your point in raising this very pertinent counterpoint, as even male employees face sexual harassment. However, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, only women have been allowed to raise their complaints/grievances.
It seems our legislature has not matured or modernized to the extent of considering that workplace policies should be gender-neutral. Perhaps in their male chauvinism, they think that males are capable of taking care of themselves. This, again, is very prejudicial to the concept of gender equality.
Warm regards.
From India, Delhi
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I appreciate your point in raising this very pertinent counterpoint, as even male employees face sexual harassment. However, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, only women have been allowed to raise their complaints/grievances.
It seems our legislature has not matured or modernized to the extent of considering that workplace policies should be gender-neutral. Perhaps in their male chauvinism, they think that males are capable of taking care of themselves. This, again, is very prejudicial to the concept of gender equality.
Warm regards.
From India, Delhi
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It is true that this Act is only for the protection of women. An internal complaints committee shall be formed within the framework of the Act. It is also true that it is gender-biased, and though there is protection for false complaints, I am not sure to what extent it can protect. We know pretty well how some legislations like Section 498A of the IPC and some religious/other community-based provisions are being abused/misused to settle scores. I hope the legislative bodies shall be open to realities and enact real Acts for citizens. Until then, we have to live with them.
From India, Hyderabad
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From India, Hyderabad
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Dear friend,
I'm not fully aware of any establishment in India that has a policy to protect the rights of male employees against harassment by other genders. However, the PPT in this link from another country may help you to draft such a policy applicable to all genders and other considerations. You might as well redraft it to suit your requirements. Your thought and efforts to draft a common code or policy are laudable, regardless of whether or not your efforts will bear fruit.
[dol.gov](https://www.dol.gov)
All the best.
From India, Bangalore
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I'm not fully aware of any establishment in India that has a policy to protect the rights of male employees against harassment by other genders. However, the PPT in this link from another country may help you to draft such a policy applicable to all genders and other considerations. You might as well redraft it to suit your requirements. Your thought and efforts to draft a common code or policy are laudable, regardless of whether or not your efforts will bear fruit.
[dol.gov](https://www.dol.gov)
All the best.
From India, Bangalore
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Anti Sexual Harassment Policy.doc