India | Updated Jun 22, 2007 at 01:05am IST

Do we take sexual harassment lightly?

CNN-IBN

Sexual harassment at workplace is a reality that many women across India face, but few have the courage to speak up against.

However, Alka Pandey (name changed to protect identity) is an exception.

An executive with leading audit firm KPMG, Pandey was forced to resign from her post when she spoke up against the sexual harassment she was facing at the hands of one of her colleagues.

However, not the one to be cowed down by the repressive measure, she is now taking on the ones who victimised her.

However, there are not many like her who dare to speak up as fear of societal ostracisation and lack of implementation of suitable workplace laws make it difficult for the victims to find justice.

Are instances of sexual harassment at workplaces taken too lightly in Indian offices? That was the talking point on CNN-IBN show India 360 conducted by Bhupendra Chaubey with a panel comprising the woman in question Alka Pandey; former chairperson of Nation Commission for Women Poornima Advani; and Vice-President and Head-HR of Infosys BPO Nandita Gurjar.

Surprisingly though, when the question was put to some of the channel’s women viewers across the country, they denied sexual harassment was so common as being projected.

“I personally don’t think sexual harassment is a problem across all offices because it doesn’t happen in my office,” said one office-goer.

Opined the other, “I don’t think it really exists, there could just be some exceptions.” One lady admitted that such instances do occur but are so subtle that it’s difficult to pin-point them.

Interesting responses came from office-going men who admitted the practice was rampant and laws should be made to ensure it’s made punishable. “It’s rampant in most organistaions and can’t be curbed unless we do something about it,” said an elderly office-going man.

Nothing 'official' about it

Alka Pandey said she had to gather much courage to go up to her firm’s HR and talk it out. “I think it was quite a challenge to muster courage and speak up considering whether it will be received and viewed in the right perspective. But I did take the step and to my utter surprise the HR did empathise with my position. But I don’t think they had the experience and empowerment to deal with the matter especially when the allegation is as serious as this,” she said.

She also pointed out the biggest problem in her case was explaining the situation to the senior management that comprised mostly men.

While the law is very clear on sexual harassment at work place, implementation and action are still a far cry. Also, considering how modern workplaces function with men and women working in close proximity for the better part of their day, is it way too easy for certain boundaries to be crossed?

Nandita Gurjar underlined the role of the HR department of an organisation in dealing with the issue. She said it was of utmost importance to ensure cases of sexual harassment should not be pushed under the carpet. “It’s very important for an organisation to accept that these things do happen and proactively put in place very formal policy. Alka spoke about raising issues and not having competent people do deal with it. This could happen if you do not have measure in place like counsellors and lawyers on that board who carry out a formal investigation to ensure justice,” she said.

Writing is on the Board

Also to be kept in mind is the crucial role of such people on the board who will ensure that the victim is given a chance to speak up and accused is also comfortable talking about it.

Poornima Advani came to the defence of the law and said while it wasn’t tough to implement tha law that was in place,, most organisations avoid implementing it. “In such cases, there’s little that government or enforcement agencies do to ensure that such instances do not happen. The SC has made it clear that every workplace should have a sexual harassment committee but has nowhere said that one has to wait for an instance of harassment to arise to have this policy in place,” she said.

But just how common are such committees in organistions these days? While HR takes care of all other employee-related issues, who looks into the specifics of such instances?

Gurjar said there could be two kinds of organsiations: One where there’s a committee empowered to handle the situation, other where the HR takes care. “It’s important to have a formal committee with people having formal training to make a person comfortable. These are very critical things,” she said.

Let's talk, but to whom?

But sexual harassment cases hardly get reported in India, primarily because the issue is very closely linked with the performance of the woman employee. It also determines either professional growth or professional decline.

Pandey agreed and said a woman needs to be ready for repercussions before pointing fingers at anybody (performance manager in her case).

“You start your fight by raising objections about an individual or a colleague and towards the end it becomes a fight against the organisation,” she said.

Final word: What action to take

Alka Pandey: My ultimate objective is that the matter be dealt with in a more professional way and since both of us are bread earners and so our careers must be salvaged and a resolution should be put in place.

Nandita Gurjar: It should be dealt with every objectively. Both Alka and the accused need to sit with a Board comprising a lawyer and a counselor.

Poornima Advani: It’s not easy but it’s mandatory under the law. As per SC guidelines there should be a committee in each organisation in letter and in spirit.

<table width="248" border="0" cellpadding="3" cellspacing="2"> <tr bgcolor="#AE111D"> <td height="20" valign="middle" bgcolor="#DB1524"><div align="center"><strong class="Wtext11">WHAT IS SEXUAL HARASSMENT</strong></div></td> </tr> <tr bgcolor="#e7e7e7"> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:</td> </tr> <tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Physical contact and advances.</td> </tr> <tr bgcolor="#e7e7e7"> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />A demand or request for sexual favours</td> </tr> <tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Sexually coloured remarks</td> </tr> <tr bgcolor="#e7e7e7"> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Showing pornography</td> </tr><tr> <td width="248" height="20" valign="middle" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" width="7" height="7" alt="bullet" />Any other unwelcome physical verbal or non-verbal conduct of sexual nature</td> </tr></table>

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