------Sexual Harassment Complaints- " What If " the Complainant Has No Evidence to Substatiate SH Allegations------
Complaints / Allegations of Sexual Harassment are to be dealt with by the Internal Committees or theLocal Committee as per the Codified Service Rules or the Certiifed Standing Orders applicable to the Respondent (the Person against who allegations are leveled) under the Provisions of SHWW (P,P & R) Act 2013 and the SHWW (P,P & R) Rules 2013 gazetted on 9.12.2013.
The Internal Committee constituted by the Employer under Section-4 of said Act, shall ascertain the "Facts of the Case" on the basis of Evidences, if any, produced / examined by the Complainant to substantiate/prove her "Complaint/ Allegations as also the Witnesses, if any, examined by the Complainant or the Individual so authorized/empowered under said Act.
The Internal Committee shall give all reasonable opportunity to the Respondent to examine Evidence and or Witnesses in his defence.
What if the Employee - Complainant is unable to or unwilling to produce / examine, before the Internal Committee, Evidence and or Witnesses to substantiate the Sexual HarassmentComplaint filed/lodged ???
Observations or Comments or Insight are Welcome.
Kritarth Team of Spl Educators
10.3.2019
From India, Delhi
200Complaints / Allegations of Sexual Harassment are to be dealt with by the Internal Committees or theLocal Committee as per the Codified Service Rules or the Certiifed Standing Orders applicable to the Respondent (the Person against who allegations are leveled) under the Provisions of SHWW (P,P & R) Act 2013 and the SHWW (P,P & R) Rules 2013 gazetted on 9.12.2013.
The Internal Committee constituted by the Employer under Section-4 of said Act, shall ascertain the "Facts of the Case" on the basis of Evidences, if any, produced / examined by the Complainant to substantiate/prove her "Complaint/ Allegations as also the Witnesses, if any, examined by the Complainant or the Individual so authorized/empowered under said Act.
The Internal Committee shall give all reasonable opportunity to the Respondent to examine Evidence and or Witnesses in his defence.
What if the Employee - Complainant is unable to or unwilling to produce / examine, before the Internal Committee, Evidence and or Witnesses to substantiate the Sexual HarassmentComplaint filed/lodged ???
Observations or Comments or Insight are Welcome.
Kritarth Team of Spl Educators
10.3.2019
From India, Delhi
The ICC should conduct enquiries to see whether any other evidence is available.
Sometimes the complainant has a case but due to nature of harassment,evidence may not be directly available.
Therefore additional inquiry with others in the work spot may bring out evidence or indications of harassment.
However it should not be a fishing expedition.
Possibility of complaint being false also cannot be ruled out.
From India, Pune
Sometimes the complainant has a case but due to nature of harassment,evidence may not be directly available.
Therefore additional inquiry with others in the work spot may bring out evidence or indications of harassment.
However it should not be a fishing expedition.
Possibility of complaint being false also cannot be ruled out.
From India, Pune
Thank you Mr Nathrao for your valuable response. Do we understand you are referring to / hinting at such Colleagues whio may be willing to voluntarily appear before the IC if/ as & when informd by the Internal Committees, to appear before the IC as an "Independent Witness" ?
This is with reference to your idea ....."Therefore additional inquiry with others in the work spot may bring out evidence or indications of harassment...."
Kritarth Team
of Spl Educators PoSH Programs
SrviceCentre / Office at Bengaluru
11.3.2019
From India, Delhi
This is with reference to your idea ....."Therefore additional inquiry with others in the work spot may bring out evidence or indications of harassment...."
Kritarth Team
of Spl Educators PoSH Programs
SrviceCentre / Office at Bengaluru
11.3.2019
From India, Delhi
Sexual harassment is a serious national issue.ICCs are expected to do a fair job and probe thoroughly before coming to any conclusion.
The chances of complaint being fake also needs to be looked into in the absence of evidence.
While striving to make genuine equality and free of any harasment at job place,ICC is expected to do deep probes and try to elicit the truth,in cases where there is no direct evidence.Sexual harassment is at time done in private,but signs of the mindset and actions of perpetrator may be noticable or noticed by those who work in close proximity.s
From India, Pune
The chances of complaint being fake also needs to be looked into in the absence of evidence.
While striving to make genuine equality and free of any harasment at job place,ICC is expected to do deep probes and try to elicit the truth,in cases where there is no direct evidence.Sexual harassment is at time done in private,but signs of the mindset and actions of perpetrator may be noticable or noticed by those who work in close proximity.s
From India, Pune
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Madras HC Judgment on delays etc in complaints of cases of Sexual Harassment of Women at Workpl.docx
Sexual Harassment.pdf