Sexual Harassment Complaints - "What If" the Complainant Has No Evidence to Substantiate SH Allegations
Complaints/allegations of Sexual Harassment are to be dealt with by the Internal Committees or the Local Committee as per the Codified Service Rules or the Certified Standing Orders applicable to the Respondent (the person against whom allegations are leveled) under the Provisions of SHWW (P,P & R) Act 2013 and the SHWW (P,P & R) Rules 2013 gazetted on 9.12.2013. The Internal Committee constituted by the Employer under Section 4 of said Act shall ascertain the "Facts of the Case" on the basis of evidence, if any, produced/examined by the Complainant to substantiate/prove her "Complaint/Allegations as well as the witnesses, if any, examined by the Complainant or the individual so authorized/empowered under said Act. The Internal Committee shall give all reasonable opportunity to the Respondent to examine evidence and/or witnesses in his defense.
What if the Employee-Complainant is unable or unwilling to produce/examine, before the Internal Committee, evidence and/or witnesses to substantiate the Sexual Harassment Complaint filed/lodged? Observations, comments, or insights are welcome.
Kritarth Team of Special Educators
10.3.2019
From India, Delhi
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214Complaints/allegations of Sexual Harassment are to be dealt with by the Internal Committees or the Local Committee as per the Codified Service Rules or the Certified Standing Orders applicable to the Respondent (the person against whom allegations are leveled) under the Provisions of SHWW (P,P & R) Act 2013 and the SHWW (P,P & R) Rules 2013 gazetted on 9.12.2013. The Internal Committee constituted by the Employer under Section 4 of said Act shall ascertain the "Facts of the Case" on the basis of evidence, if any, produced/examined by the Complainant to substantiate/prove her "Complaint/Allegations as well as the witnesses, if any, examined by the Complainant or the individual so authorized/empowered under said Act. The Internal Committee shall give all reasonable opportunity to the Respondent to examine evidence and/or witnesses in his defense.
What if the Employee-Complainant is unable or unwilling to produce/examine, before the Internal Committee, evidence and/or witnesses to substantiate the Sexual Harassment Complaint filed/lodged? Observations, comments, or insights are welcome.
Kritarth Team of Special Educators
10.3.2019
From India, Delhi
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The ICC should conduct inquiries to see whether any other evidence is available. Sometimes the complainant has a case, but due to the nature of harassment, evidence may not be directly available. Therefore, additional inquiry with others in the workplace may bring out evidence or indications of harassment. However, it should not be a fishing expedition. The possibility of the complaint being false also cannot be ruled out.
From India, Pune
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From India, Pune
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Thank you, Mr. Nathrao, for your valuable response. Do we understand that you are referring to/hinting at colleagues who may be willing to voluntarily appear before the IC if and when informed by the Internal Committees, to appear before the IC as an "Independent Witness"? This is with reference to your idea, "...Therefore, additional inquiry with others in the workplace may bring out evidence or indications of harassment."
Kritarth Team of Special Educators PoSH Programs
Service Centre/Office in Bengaluru
11.3.2019
From India, Delhi
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Kritarth Team of Special Educators PoSH Programs
Service Centre/Office in Bengaluru
11.3.2019
From India, Delhi
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Sexual harassment is a serious national issue. ICCs are expected to do a fair job and probe thoroughly before coming to any conclusion. The chances of a complaint being fake also need to be looked into in the absence of evidence. While striving to make genuine equality and a workplace free of any harassment, ICC is expected to conduct deep probes and try to elicit the truth, especially in cases where there is no direct evidence. Sexual harassment is sometimes done in private, but signs of the mindset and actions of the perpetrator may be noticeable or observed by those who work in close proximity.
From India, Pune
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From India, Pune
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Madras HC Judgment on delays etc in complaints of cases of Sexual Harassment of Women at Workpl.docx
Sexual Harassment.pdf