“Workshop on Anti – Sexual Harassment Law and Policy.”
On 5th February, 2022, the Centre for Women and Law at National Law University, Odisha organized a workshop on Anti- Sexual Harassment Law and Policy with special emphasis on the working of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs), and to educate the participants about the working knowledge of the Sexual Harassment Act, 2013. National Law University Odisha has adopted a zero-tolerance policy towards any kind of sexual harassment and strives to create a community in which students, teachers and non-teaching staff can work together in an environment free of all forms of gender violence, harassment, exploitation, intimidation and discrimination.
Objectives of the Workshop
The purpose of this workshop was to bring together a variety of stakeholders including members of the Gender Sensitization Committee (GSICC), the Supreme Court of India, members of the Internal Complaints Committees (ICCs), and staff and students at NLUO. Its primary purpose was to,
- to educate the participants about the issue of the workplace sexual harassment of women,
- to impart working knowledge of the Sexual Harassment Act, 2013,
- to help them to understand the legal position on the topic and how to handle sexual harassment complaints.
- to familiarize them with the structure and operation of GSICCs and ICCs,
- to detail the procedure that the GSICC and ICCs will follow when dealing with such complaints,
- to ensure that faculty, staff, and students understand the mandatory provisions of the Sexual Harassment Act in order to foster a positive work environment and society at large.
The agenda began with the brief about the training workshop from Dr Prianka Anand, faculty advisor for Center of Women and Law, National Law University, Odisha. She introduced the guest speakers for the workshop, addressed the participants and explained the objectives of the workshop stressing on the need to create and maintain an environment in the campus which is free of all forms of harassment. She also talked about NLUO’s zero tolerance policy for any kind of sexual harassment.
The first training session began with Dr. Anindita Pujari, Advocate on Record & Member, Gender Sensitization Committee (GSICC), Supreme Court of India. A feminist social activist, who is currently the General Secretary of the Bar Association of India, she is a prolific writer, with an immense body of work to her credit and a practicing lawyer involved in a number of supreme court landmark cases involving among other constitutional issues, the relationship between the judiciary and the executive and gender issues.
Dr Pujari, started her session with a presentation on Sexual Harassment Act 2013 and tracing a detailed history of the Vishakha guidelines. She explained to the participants the difference between Harassment and Sexual Harassment, and talked about the absence of any available legal definition in the Indian context. While citing several cases of the Supreme Court, she explained, that in her experience, in a court of Justice, difference lies in fact and circumstances of every case, as at times the same facts may mean different things in different situations. While discussing this difference, she explained, that in context of a university, ragging may be harassment, however it will not amount to sexual harassment.
In her session she also covered in detail, section 354A, IPC (added by Criminal Law Amendment 2013) and the (POSH) Act, 2013- section 2(n); section 3. She expounded upon the legal definition of a workplace, and how it should also cover Virtual spaces, in the present era.
Relying on observations made by Justice Jagdesh Singh Khehar, in a 2015 Supreme Court case she explained that the definition of harassment is specific to the sensitivity of particular individuals.
She concluded her session expounding upon the specific regulations of National Law University Odisha, and how they are a brilliant reflection of the guidelines provided by the University Grants Commission.
The next session, in the workshop was taken by Ms. Clara D’Souza, a feminist social activist who has worked extensively with Majlis, Legal centre, Mumbai, and Human Rights Law Network (HRLN) Delhi and Cuttack for preventing and combating Human Trafficking in Odisha. Presently she is associated with Balasore Social Service Society. She has to her credit the judgement of HC of Orissa on Transgenders live-in -relationship.
In her session, she dealt not just with the legal issues involved, but rather stressed on the social aspect of Sexual Harassment, she explained that harassment in the workplace, or in the campus, can be the cause of lasting psychological and social after-effects among the victims. Combatting sexual harassment with legislations is not the silver bullet; we must also look beyond its legal aspects, at the very roots and find ways of changing male-female occupational relationships, additionally we must provide support to victims of sexual harassment. Furthermore, she emphasized on the fact that Gender Sensitization as a term is often misunderstood and unlike the traditional stigma of binary gender theory, self-determination of person is an integral part of human existence. Subsequently, she also covered the issue of ‘Online Abuse’ and expounded upon the legal definitions of cyber harassment and cyber sexual harassment and the growing need for addressing these issues in the present era. She concluded her session emphasizing on the fact that gender equality should no longer be a question of reinforcing a right but should rather be perceived as a way of life.
The 3rd Speaker for the session was Ms Dharitri Patnaik, a social worker with over two decades of experience working with some of the most vulnerable sections of the society. Apart from being the founder of initiatives like the ‘Humara Bachpan Trust’ and SAMBHAVI, she has worked extensively with global institutions like UNICEF, ActionAid International, CARE USA, UN Women, Water Health and Bernard van Leer Foundation globally.
Ms Patnaik, talked about the government initiative “SHe- box” in detail with the participants. She explained that ‘SHe-box’ is sexual harassment electronic box which is hosted on the website of the Women and Child Development Ministry. This initiative by the government also seeks to ensure “effective implementation” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the internal complaints committee (ICC) of the ministry/department/PSU/autonomous body etc concerned, having jurisdiction to inquire into the matter. Subsequently, the ICC will take action as prescribed under the Act and update the status of the complaint. The portal is also an effort to provide “speedier remedy” to women facing sexual harassment at the workplace, as envisaged under the sexual harassment Act.
She emphasised on the functioning and responsibilities of the Internal Compliant Committee and the need to ensure confidentiality and the requirement for more training and awareness sessions to be conducted in the college campuses. She discussed in detail about certain physical acts that can be construed as Sexual Harassment.
The participants were then addressed by Prof ( Dr) Ved Kumari, Hon’ble Vice- Chancellor, NLUO, she expounded upon the guidelines of the University Grant Commission and discussed in detail about the mechanism of Redressal and the working of the Internal Complaints Committee at NLUO. She stressed on the need to create and maintain a community in which students, teachers and the non-teaching staff can work together in an environment free of all forms of gender violence, harassment, exploitation, intimidation and discrimination. Her address was followed by an intellectually stimulating discussion which saw enthusiastic participation from numerous students, faculty members and student members of the ICC, questions were also addressed to the resource persons.
The workshop on Anti- Sexual Harassment Law and Policy with special emphasis on the working of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) and an objective to impart the working knowledge of the Sexual Harassment Act, 2013, was concluded successfully with active participation by all the stakeholders. The vote of thanks was given by Prof (Dr) Yogesh Pratap Singh, Registrar, NLUO, who addressed the gathering and appreciated the inputs from all the participants as well as the resource persons. He discussed the importance of the workshop not only in terms of training about the procedure to be followed but in creating victim friendly approach while handling such issues and thanked the guest speakers for taking out the time and making the workshop a successful event.
