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By Sneha Chandna
Metaphorically, a workplace is a microcosm of our society. Thus, it embodies and projects all the character traits of the current social scenario which means that whatever beliefs, ideas, taboos are prevalent in society will automatically be part of a workplace. Additionally, since a workplace is the coming together of people from diverse age groups, gender, region, religions, sexual orientation it is nearly impossible for them to be on common ground with regard to their beliefs or appropriate standards of behaviour. It is in this context that Training becomes crucial to ensure that a common code of conduct is evolved and established. This is one of the most effective ways to build an organization that runs smoothly where all employees feel safe and valued.
A safe, healthy and harassment free workplace is the foundation of any organization and sexual harassment at workplace remains a potential threat to the same. The various ways in which Training plays an important role in ensuring the prevention and redressal of sexual harassment at workplace are,
- Developing an understanding of Sexual Harassment: Training helps the employees understand what constitutes sexual harassment. Physical and verbal harassment are easier to understand and identify because of their obvious nature, however sexual harassment might not be easily understood considering that it might at times be subtle and covert, involving behaviours or comments that are not explicitly sexual but still create a hostile or uncomfortable environment.
- At other times social and cultural norms play a role in determining what will be considered normal thus making it difficult for a survivor to recognize it even when it makes them uncomfortable.
- More importantly sexual harassment is a subjective experience, a behaviour that is friendly and harmless according to one person could be make another person uncomfortable. In this light Training makes everyone aware of the expected standards of behaviour.
- Establishes a Zero Tolerance policy towards harassment: When expected behaviour is spelt out in a Training it establishes the fact that there is a code of conduct that the organization expects everyone to follow. It highlights the commitment of an organization towards creating a safe and healthy workplace. When employees become aware, they can be expected to prevent harassment both by regulating and moulding their own behaviour and by being responsible and proactive bystanders when they perceive a potential situation involving sexual harassment.
- Knowledge of Consequences: Training also ensures that employees know the consequences of inappropriate behaviour, which leads to effective and smooth redressal in case an incident of sexual harassment occurs.
- Knowledge of Reporting Mechanisms and Legal Protections: A PoSH Training program that involves information about what an employee can do when he/she faces sexual harassment provides them with important tools for redressal of sexual harassment. Knowledge about the members of the Internal Complaints Committee or the Local Complaints Committee, its functioning, one’s rights as a complainant makes employees more confident in responding to an adverse situation, or in reporting it to the employers. In that way employees are able to play an active role in creating and sustaining a healthy workplace.
- Cultural and Organizational change: Effective Training efforts aim at challenging attitudes, beliefs, and practices that perpetuate harassment. They are expected to encourage reflection and dialogue around issues of power, consent, and respect, resulting in the creation of a more inclusive and equitable environment for all individuals.
- Empowering the Internal Complaints Committee: The internal Complaints committee of any organization plays a central role in the implementation of the Law. It is responsible for receiving complaints, conducting inquiries, reporting and documentation of cases and recommending measures. All the members of the ICC are unlikely to know and understand all aspects of their role which makes it necessary for the employer to build their capacity to meet the requirements of the Law. In this context Training the members of the ICC about their powers and duties becomes central to having an effective POSH policy.
- Empowering the Men and LGBTQ folks: With the changing social context, organizations are inclined to look at the issue of sexual harassment in a gender-neutral manner. They are willing to make policies that protect men, women and the third gender from sexual harassment. This becomes more important for people from the LGBTQ community since they are at an even greater risk of being harassed. Since traditionally and in line with the law only women are seen as complainants, a policy against sexual harassment that is inclusive of all genders makes it essential for the employees to be sensitized and trained in behaviour expected of them. It builds the capacity of all team members to be an effective ally of the people from vulnerable or minority communities.
- Compliance with the Law: Most importantly, Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, makes it mandatory for an employer to organise workshops and awareness programs at regular intervals for sensitising the employees and orientation programs for the members of the Internal Committee. Training becomes essential for an employer to remain compliant with the law. Similarly, Rule 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 requires the employer to build the skills and the capacity of the members of the Internal Complaints Committee.
While hearing cases under the Sexual Harassment Law, Indian courts have repeatedly mentioned the need for awareness about the issue of sexual harassment and the provisions of the law for its effective implementation. In doing this they have set a precedent around Training to be the foundation of building a safe, healthy and efficient workplace, with a satisfied and stable workforce.
