Creating safe places: How PoSH can help address stalking at work

January marks National Stalking Awareness Month, highlighting the need to recognise stalking and its harmful consequences on victims and communities. It is observed to encourage a deeper understanding of stalking and motivate proactive measures to stop it. This issue extends beyond personal boundaries, significantly impacting safety in workplaces as well. Stalking awareness and workplace safety need to go hand-in-hand to ensure every organisation is safe for all employees.

Background on National Stalking Awareness Month

National Stalking Awareness Month (NSAM) was launched in January 2004 by the National Center for Victims of Crime (US) to raise awareness about stalking and develop effective responses to the crime. Its inception was inspired by Debbie Riddle, the sister of stalking victim Peggy Klinke, who sought to transform her family’s tragedy into a movement for change.

In 2011, President Obama issued the first Presidential Proclamation recognizing NSAM, highlighting the widespread impact of stalking and federal efforts to combat it.

Stalking manifests in various forms—physical, digital, and psychological—creating profound psychological distress for victims. Statistics show alarming trends concerning stalking in the working environment. For example, 1 in 6 women and 1 in 19 men would have been stalked at least once in their lifetime , and most of these incidents occur at work or involve work colleagues. Real examples reflect how frequently the escalation of such behaviour leads to consequences that come down hard on victims in the form of anxiety, fear, or even physical harm. In many cases, effective recovery from such situations can be extremely challenging.

The PoSH Act does not expressly address all forms of harassment therefore, it is crucial to recognize the significance of this framework in fostering safe workplaces by encompassing specific types of harassment, such as stalking. The primary objective is to understand and effectively leverage the provisions of the PoSH Act to cultivate a culture of safety and respect within organizations.

Understanding Stalking

According to Merriam-Webster Dictionary, stalking is “the act or crime of wilfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death especially because of express or implied threats.”

Stalking in India is governed by Section 354D of the Indian Penal Code (IPC) which criminalizes such acts. According to this Section, Stalking is defined as “Any man who-

1. Follows a woman and contacts, or attempts to contact such women to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
2. Monitors the use by a woman of the internet, email, or any other form of electronic communication, commits the offence of stalking.”

This provision acknowledges that stalking can manifest in various forms such as physical, cyber, surveillance, and telephonic stalking. Each mode of stalking involves persistent pursuit, monitoring, and intrusion into the victim’s personal life without their consent.

 The psychological repercussions of stalking for victims are important and, in many cases, long-lasting, impacting their mental and emotional well-being. Victims may also develop high levels of anxiety, depression, and an overarching sense of fear that could affect their efficiency at work. Recognising this issue is important for companies considering to adopt an employee-centric approach as part of their culture.

Recommended Best Practices for Stalking Prevention in the Workplace

Kelp has covered safety tips for women in public spaces from stalking in the blog titled ”Be your own bodyguard .” Here are some more best practices that employers can undertake in preventing stalking:

a) Recognising Stalking as Harassment: Stalking can be psychologically gendered harassment under the PoSH policy at the workplace, which would allow the organization to take appropriate actions against it within that context.

b) Education and Training: Employees and management should be educated through training programs to help them recognise and respond to stalking behaviors.

c) Awareness Campaigns: Special workshops and seminars can be organised as part of a month-long awareness campaign during National Stalking Awareness Month. Informational material can be shared across the organisation in the form of posters and emails.

d) Internal Committees: Formulating internal committees to address such cases as stalking under the PoSH Act makes it easier for victims to bring these issues up for resolution.

Support for Victims

It is important to support victims of stalking in order for a work culture to be inclusive.

a) Leadership’s Role: By fostering an open dialogue about harassment issues, victims feel it is safe to mention incidents without any hesitation or fear.

b) HR’s Responsibility: HR should build a culture of respect and inclusion using effective reporting mechanisms and providing resources to victims.

c) Confidential Reporting Processes: Clear, simple and private processes should be established by employers to raise complaints about incidents of harassment or stalking.

d) Counselling Support: Counselling services could be offered to help such victims deal with the emotional aftermath of the experience.

The National Stalking Awareness Month is about raising awareness towards making work environments safer. Organisations should actively fortify their workplace harassment policies in consideration of the provisions defined in the PoSH Act. Such a move will take the organisation a step closer to creating safe, inclusive environments for the well-being of all employees without fear of threats or any discrimination. Further, ongoing education and awareness will empower employees to recognise and act against stalking behaviours. However, companies must commit to these issues year-round and not only in January.

A collective effort with employers, leadership, HR departments, and all the employees is needed to address stalking in the workplace. The right policies, such as the PoSH Act, make workplace safety the priority of an organisation, creating an environment where everyone is respected and feels secure.

Resources and Support

 Helping those being victimised by stalking or harassment includes numerous organisations:

In case of application of a written complaint in the Internal Complaints Committee for your organization formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (the SH Act), 2013.

Or

If there is no ICC in your organization because the number of employees is less than 10, or you want to complain against the employer him/herself, or if you are a domestic helper, then you can complain at the Local Complaints Committee formed in your district under the SH Act.

Or

You may contact the nearest police station to lodge an FIR against the perpetrator.

At Kelp, we help build safe, respectful, and inclusive workplaces for organisations across industries. If you are looking to create more awareness about stalking and its prevention, get in touch with our experts for customised training sessions and resources to help empower your team. Together, let’s uphold the values of safety and create a thriving workplace culture.

Contact our advisors at +91-9500129652, email info@kelphr.com, visit www.kelphr.com