Recent incidents involving the Governor and an officer of the Meghalaya government, has brought the focus on rampant sexual harassment which women workers face in Meghalaya. It is shocking that the Chief Secretary of Meghalaya has decided to set up merely an enquiry committee rather than setting up of an Internal Complaints Committee and Local Complaints Committee as mandated by the sexual harassment of women at work place(prevention, prohibition and redressal)Act 2013.
It has been three years since the passing of the law which now overrides the Supreme Court Vishakha guidelines and yet the Meghalaya Government has done nothing towards its implementation in the state. Maybe the government and its bureaucrats do not want to break the silence around one of the worst kept secrets that work places in Meghalaya are rife with sexual harassment.
By Law, Sexual Harassment includes any one or more of the following unwelcome acts or behavior, such us,Physical contact and advances, a demand or request for sexual favours, Making sexually coloured remarks, Showing pornography, any other unwelcome physical, verbal, non verbal conduct of sexual nature
Further, Section 3 (2) of the Act elaborates that if any of the following circumstances occurs or is present in relation to or connected with any act or behaviour of sexual harassment among other circumstances, it may amount to sexual harassment. These circumstances may be, Implied or explicit promise of preferential treatment in her employment, Implied or explicit threat of detrimental treatment in her employment, Implied or explicit threat about her present or future employment status, Interference with her work or creating an intimidating or offensive or hostile work environment for her.
Humiliating treatment likely to affect her health or safety It is mandated that every employer and that includes Meghalaya Government has to, Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace, Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the Internal Complaints Committee (ICC).
Organize workshops and awareness programmes at regular intervals for sensitising the employees with the Act, Provide assistance to the woman if she chooses to file a complaint under IPC or any other law, Cause to initiate action under the IPC or any other law against the perpetrator or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place,Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct.
Meghalaya government and other employers have to constitute by an order a Committee to be known as the Internal Complaint Committee and Local Complaints Committee to enquire into the complaints of Sexual Harassment.
The Internal Complaints Committee should be located at all workplaces including branch and sub offices and at all administrative units (Section 4(1)). As per law the the ICC should have as its members representatives from the office including women and also independent persons to ensure its transparency. In every district, a committee known as Local Complaints Committee (LCC) has to be constituted. (Section 6(1) of Act)
The Local Complaints Committee is to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than 10 workers or if the complaint is against the employer himself. (Section 6(1) of Act). The LCC will receive complaints from employees of the informal sector as for eg. domestic workers, shop assistants etc
Just like North Eastern Hill University (NEHU) which has tried to escape its legal responsibility, the Meghalaya Government has by its action shown that it condones sexual harassment at the Work place by not being proactive in implementing the law. TUR is launching a campaign this week to sensitize women workers about their rights and the laws against Sexual Harassment. TUR will be distributing pamphlets to women workers to encourage them not to tolerate any form of Sexual Harassment.
