WELCOME

GENDER SENSITISATION

Difference between Sex and Gender

Sex Gender• Biological difference

between Women and Men• Culturally- specific set of

characteristics that explains the social behaviour of Women and Men

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Sex v/s Gender

Sex Gender• Biological • Socially constructed• Born with • Not born with• Cannot be changed • Can be changed• Examples: -Only women can give birth - Only Men can supply Sperm

• Examples: -Women can do the same job as men - Men can take care of children

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What is Gender Sensitisation?

• Modification of behaviour by raising awareness of Gender equality concerns

• Changing behaviour and instilling empathy into the views that we hold about our own and the other sex

Legal Context

Prevention and Redressal of Sexual Harassment

Constitution of India;

Article 14 to 18 – Right to Equality

Article 19 to 22 – Right to Freedom

Article 32 to 35 – Constitutional remedies for enforcement of Fundamental Rights

Article 51(A) of Constitution of India makes it a duty of every citizen to renounce practices derogatory to the dignity of women

Legal ContextPrevention and Redressal of Sexual Harassment

Indian Penal Code;

Section 294 – For Obscence acts and songs

Section 354 – Assault or criminal force to woman with intent to outrage her modesty

Section 509 – Word, gesture or act intended to insult the modesty of a woman

Sexual Harassment

Rule 3-C of CCS(Conduct) Rules defines sexual harassment as;

Physical contact and advancesDemand or request for sexual favours Sexually coloured remarks Showning pornographyAny other unwelcome physical, verbal or non-verbal

conduct of sexual nature

Sexual Harassment

Implied or explicit promise or preferential treatment in employment

Implied or explicit threat of detrimental treatment in employment

Implied or explicit threat about present or future employment status

Interference with work or creating an intimidating or offensive or hostile work environment

Humiliating treatment likely to affect her health or safety

Salient features of the Act

Every employer of the workplace shall constitute a committee known as “Internal Complaints Committee” consisting of;

a. Presiding Officer, a woman Senior Level Officer

a. Two other members preferably committed to the cause of women or who have had the experience in social work or have legal knowledge

a. One member from NGO

The committee shall have the same power as are vested in a civil court

Complaint of sexual harassment

Any aggrieved woman may make a complaint of sexual harassment

a. Within a period of three months from the date of incident

a. In case of series of incidents, within a period of three months from the date of last incident

Conciliation

The internal committee may settle the matter through conciliation

Before initiating an inquiry

At the request of the aggrieved woman

No monetary settlement shall be made on the basis of conciliation

Action during pendency of inquiry

At the written request of the aggrieved official

Recommend transfer the aggrieved women or the respondent to any other workplace

Grant leave to the aggrieved woman

Grant any other relief as may be prescribed

Punishment for false or malicious complaint

If the committee arrives at a conclusion that the allegation against the respondent is false

That the aggrieved woman has made the complaint knowing it to be false

That the aggrieved woman has produced any forged or misleading document

The committee may recommend action against the complainant

Duties of the employer

• Provide safe working environment at workplace• Display details of the Local Complaints Committee• Display the penalties which can be awarded in such cases• Assist Complainant in filing a written complaint• Sensitize employees through workshops and training

programs• Cooperate with the enquiry proceedings of the Complaints

Committee• Train colleagues on how to identify & deal with sexual

harassment• Assist aggrieved woman employee to file a complaint with

the appropriate Police authority (if need arises or the Complainant desires so)

• Treat sexual harassment as a misconduct and initiate action accordingly

Current set up – DoP (*)

• Every Circle has a Complaints Committee

• Composition of the Committee- – Chairperson – Lady Officer, JAG and above

rank– 2 women members – IP and above– 1 male member – PS Gr B and above– 1 ex-officio member – reputed NGOs

working for the cause of women’s empowerment

(*)-Revised provisions as per the Sexual harassment at Workplace Act 2013 are yet to be received& Ministry of WCD is developing certain rules for process to be followed at enquiry

Proactive Measures

• Become legally literate, Understand your rights & Educate others

• Carry out safety audits in your workplace• Display details about the Committee, penal provisions

prominently at your workplace• Do not be a mute witness to harassment/violence -

Reach out to someone who needs support• Read, think, discuss about gender violence and sexual

harassment• Participate in social initiatives (*) – Forum discussions,

workshops etc• Assist your subordinates/colleagues in filing a

complaint (*) Limited by the provisions in the Conduct Rules 1965

Proactive Measures

• Do not view sexual harassment as personal injury/problem

• View sexual harassment as an infringement of Constitutional rights

• Move from ‘the way things are’ to ‘the way things should be’

• Speak up against sexual harassment at workplace

• Understand the importance of documentation• Understand that workplace sexual

harassment demeans, intimidates, offends, excludes & limits women

It is time to change the script…

THANK YOU