Hengasara Hakkina
Sangha
(HHS- Karnataka Women's Legal Education
Program)
1353, 32 'E' Road, 4th 'T' Block, Jayanagar, Banglaore-560
041. Tel/fax : 080-6639884 email:hakkinasangha@yahoo.com
from the Pamphlet (date unknown)
The Do's and Don'ts of Sexual Harassment
complaints Committees
Sexual Harassment Complaints Committees should
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Be headed by a women
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Have at least 50% women members
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Have at least one outside member who is familiar with the issue
This is according to Vishaka Judgement (1997) of the Supreme Court of India
and is law.
Once the Committee is instituted
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Meet with representatives of management and workers to determine scop,e
powers and responsibilities of the committee.
-
Get experts in the field and evolve an organizational policy on sexual
harassment. This could then lead to a gender policy. Remember gender
does not mean women alone.
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Set aside a separate budget for the activities of the committee. Remember,
awareness raising can be expensive. This budget could be used for
lectures by experts on sexual harassment, workshops for thecommittee and
staff, posters, etc. This too is mandated by law.
-
Set up procedures and protocols for proceedings, i.e., quorum for meetings,
documentation and reporting, and accessibility and storage of documents,
keeping in mind need for confidentiality.
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Ensure that the outsider member is an integral to the quorum. No quorum
shall be complete without the presence of such member. One outside member
is the minimum requirement. There can be more. This will ensure quorum
even at short notice.
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Ensure that all complaints are received in writing. This will facilitate
maintenance of recorder . In addition, this will also minimize the
possibility of misinterpretation and misrepresentation. If the complainant
is illiterate, the complaints could be written with the help of a friend
or support group.
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Meet within 7 days of receiving thecomplaint. This will help to expedite
the matter as well as reassure the complainant.
-
Meet once a month regardless of whether or not there is a complaint. This
will happen more easily, if committee members are familiar with each other
and can work synergistically.
-
Set up:
- a realistic time frame for redressal. Make this time frame widely known
and adhere to it, even
if it is inconvenient.
- mechanisms for appeal. This appeal should lie within the organization.
The committee couldbe asked to review the decision by the management or
the complainant. The management could be part of the review. The committee
could also co-opt more members for review.
-
Institutionalise procedures for enquiry. Design procedures so as not to
increase trauma and/ or vulnerability of complainant.
-
Display a list of organizations familiar with the issue, which the complainant
can approach for support.
-
Give a copy of the enquiry proceedings to the complainant too, whether
it is demanded by the complainant or not.
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Make sure that the decision taken by the committee is backed by at least
50 per cent of the members, including the outside member. Without
such consensus, no decision taken by the committee should be considered
valid.
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It the complaint received is against a committee member, that member will
have to step down from the committee and punitive action taken against
such member, if found guilty, should be more severe.
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Display in many and different places names and addresses of members.
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Use eye-catching posters to publicise guidelines. Place posters in lifts,
toilets, lunch room, etc.
-
Hold awareness workshops and informal discussions on sexual harassment.
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Committees must present a yearly report on the steps they have taken to
deal with and prevent sexual harassment in the organization. This can be
included in the annual report of the organization.
Do's
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Formalize and publicize complaints procedures that are easy and non-threatening.
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Provide safety for friends and supporters of complainant.
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Appoint complaints officers-- one man and one woman -- to serve as first
point of contact.
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Complaints officers should be members of the committee. One of them should
be the outside expert.
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Authorize complaints officers to resolve the issue without the committee's
intervention. If unresolved to the complainant's satisfaction, the complaint
should go to the committee.
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Use a cheerful, comfortable, airy room for meeting the complainant.
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Ensure that your body language communicates complete attention to the complainant
and accused.
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Treat the complainant with respect.
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Discard pre-determined notions of how a victim or accused should look or
behave. Beware of stereotypes.
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Sexual harassment can be by a person of the opposite sex and .or the same
sex. This is an important
-
point that the committee would do well to remember at all times.
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All sexual crimes are committed in private, so there may not be eye-witnesses.
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Consult the complainant for punitive action.
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If the management does not accept the recommended action, it should give
three valid reasons.
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Help the complainant regain her/ is self-respect and dignity.
Don'ts
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Do not under any circumstances get aggressive.
-
Do not insist on detailed description of harassment. This could increase
the complainant's trauma.
Remember
These guidelines are neither exhaustive nor comprehensive. Please add
to them and let us know your additions so that we can publicize your innovative
ideas.