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Unhush harassment

Last Updated 09 August 2013, 15:33 IST

“Vishaka Guidelines Against Sexual Harassment at the Workplace”

This means little to most working women – regardless of industry, sector, location, qualification, or professional experience. What has contributed to this dismal scenario is not just a lack of knowledge about the law and its provisions but also the overwhelming impression that a complaint could well end up finishing the complainant’s career. In fact, they often end up stigmatised.

How just is justice?

In fact, though the Act supposedly addresses many relevant aspects, it also penalises complainants whose accusation cannot be proved, even if true. Such are the ground realities of a woman’s professional life in India that when a male colleague leers, makes sexist remarks or jokes verbally or electronically with her, she invariably resorts to trying to avoid him as far as possible. Perhaps, one or more may adopt such tactics as staring back, ignoring the harasser or even telling him to change his behaviour, but if the colleague is in a position of power this too becomes difficult as it is likely to invite a backlash.

Justice delayed

Take Rina Mukherjee, a senior reporter with The Statesman in Kolkata, for instance. Her services were terminated in October 2002 after she complained about the repeated episodes of sexual harassment by Ishan Joshi, the then news coordinator. Her case was finally resolved in 2013. This happened after the West Bengal Commission for Women and the Bengal Women Journalists' Network, wrote to the publication in 2003 supporting Mukherjee and highlighted her issue widely.

Justice denied

Although, the Industrial Disputes Tribunal has ordered back payment of full wages to Mukherjee and her reinstatement, The Statesman has ignored the order. Further, two libel suits against Mukherjee are pending in Delhi and Kolkata.

Similarly, a medical officer at IIM-B was suspended after she complained about sexual harassment by the institute's former Chief Administrative Officer, C.V. Indushekhar Vassist, and has not been compensated or reinstated.

No internal assistance

The absence of a sexual harassment complaints committee is true in the instance of Akila S, a news anchor/producer at Sun TV, Chennai, as well. Akila raised her voice in March 2013 about the sexual advances by V. Raja, the chief editor, and Vetrivendhan, the Reporters' Coordinator, both of whom were her immediate supervisors. “I approached the police as there was no one to assist me at the channel. The firm created a sexual harassment committee after I complained and also initiated an inquiry by a neutral person, which is currently in progress,” she reveals.

Raja, who was arrested and released on bail within three days, resumed work. However, Vetrivendhan and he were later suspended from their duties but so was Akila and a supportive male colleague.

What is to be done?

Of course, it is common knowledge that most organisations in India do not have a committee to address sexual harassment at the workplace as directed under the Vishaka guidelines. This body must comprise at least 50 per cent women who are primarily external to the organisation and one of them should head it. Further, all employees, irrespective of their gender or position, must be aware of the definition and various natures of sexual harassment.

Unrelenting fight

In all instances that have come to light, the complainants have received oral and other kind of threats. “My employer and the perpetrator least expected my determined fight back considering the delayed response or inaction by the stakeholders and attempts to tarnish my image apart from personal trauma. But I hope to inspire other women who have undergone similar experiences,” says Rina Mukherjee.

Despite the acquittal of her assaulters, she bravely continues to live among them advocating for the rights of children and women in her area.

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(Published 09 August 2013, 15:33 IST)

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