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Questions and Answers
What is the maximum time limit for filing a complaint that can be extended?
Who is responsible for providing assistance to a woman who is unable to make a complaint in writing?
What is the first step taken by the Internal Committee after receiving a complaint of sexual harassment?
How long does the Internal Committee take to schedule a meeting with the complainant after receiving the complaint?
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What is the purpose of the meeting between the Internal Committee and the complainant?
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What happens after the Internal Committee hears from the complainant and the accused?
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What is the role of the Internal Committee in the complaint mechanism?
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What is the purpose of the Internal Committee recording the complainant's allegations in writing?
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What happens if the Internal Committee establishes that harassment has occurred?
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What is the primary goal of the complaint mechanism?
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Study Notes
Prevention of Sexual Harassment (PASH)
- PASH stands for Prevention against Sexual Harassment.
Definition of Sexual Harassment
- Sexual harassment is any kind of unwelcome behavior that is sexual in nature.
- It can be verbal, visual, or physical conduct of a sexual nature or any promise of rewards in exchange for sexual favors.
- It affects working conditions or creates a hostile work environment.
Impact of Sexual Harassment
- Sexual harassment is illegal and creates a violation of women's right to equality and dignity.
- The victim and harasser can be of the opposite gender or the same gender.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
- This law helps to protect working women against prevention, prohibition, and redressal of sexual harassment at the workplace.
- It is a gender-neutral policy, which means both men and women or any other gender can voice out their concerns for justice.
Scenario: Mars and Jupiter
- Mars reported an incident of sexual harassment by Mike, who made suggestive remarks about her appearance.
- Jupiter supported Mars and encouraged her to report the incident to HR.
Importance of Impact over Intent
- In any kind of unwelcome behavior, the impact that a victim faces is more prioritized than the intent of the harasser.
Coverage under the PASH Act
- The PASH Act covers everyone who is employed or pays a visit to a company, regardless of status.
- This includes employees, interns, contractors, guests, visitors, and even employees who work from home.
Types of Sexual Harassment
- There are two types of workplace sexual harassment: Quid Pro Quo and Hostile Work Environment.
- Quid Pro Quo means "this for that" and involves a person in authority who demands sexual favors in exchange for job-related benefits.
- Hostile Work Environment contributes to an unsafe or uncomfortable work environment.
Forms of Sexual Harassment
- Non-verbal sexual harassment can include offering gifts or presents without consent, winking, blowing kisses, or making other facial expressions of a sexual nature.
- Virtual sexual harassment can occur through digital or online channels and includes insisting on a full-body visual in a professional setting or displaying inappropriate messages in the background.
Complaint Mechanism
- Any person who experiences sexual harassment at the workplace has the right to file a written complaint with the Internal Committee (I.C.) within three months from the date of the incident.
- The written complaint can be emailed or hand-written to the official address.
- The time limit for filing a complaint may be extended for another three months if the Internal Committee is satisfied with the reasons provided for the delay.
- If a woman is unable to make a complaint in writing, the Internal Committee will provide assistance.
Investigation Process
- On receiving a complaint, the I.C. initiates an investigation into the allegations, including reviewing the complaint, gathering initial evidence, and determining the appropriate course of action.
- The I.C. schedules a meeting with the complainant within 5-7 working days of receiving the complaint to gather detailed information.
- The I.C. will provide the accused employee with an opportunity to respond to the allegations and present their side of the story.
- After conducting a formal inquiry, the I.C. will determine the appropriate course of action, which may include recommending disciplinary measures against the perpetrator if harassment is established.
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Description
This quiz covers the key aspects of the Prevention of Sexual Harassment (PASH) Act, including its coverage and impact on victims and harassers.
