Nyaaya Profile picture
Oct 8, 2018 18 tweets 5 min read Twitter logo Read on Twitter
#SexualHarassment #Workplace #Law #MeTooIndia
Just clarifying some stuff on the law on sexual harassment at the workplace, in light of the many incidents which are coming out. Slightly long thread, please read till the end. bit.ly/2E4v7b5
When someone at a place of work behaves in a sexual way towards women and it is unwanted, offensive, threatening, or humiliating, it is seen as a form of harassment.
There is no fixed definition of sexual harassment. It would change from person to person, but most importantly, it depends on how comfortable the woman is with the behavior.
There are many things that the law says are sexual harassment. It can be:
>Touching or any other form of physical contact that someone does not want
>Asking for or demanding sex or any other sexual acts
>Saying things that are sexual in nature
>Showing someone pornography in any form—for example, videos, magazines, or books.
>Any other actions that are sexual. They can be things that are said, things that are written, or touching.
This government handbook can help you understand what actions are seen as sexual harassment. iitk.ac.in/wc/data/Handbo…
It's important to understand that you don't have to be a full time employee to be protected by this law. You can be full-time, part-time, contract employee, working for any compensation, a visitor to a workplace, domestic help, hired through an agency..
...working on a short-term basis, working long-term, working on a daily basis, a volunteer or an intern. You can be any of the above. You are protected by this law.
The law takes into account that you may not be able to make a complaint of sexual harassment due to certain physical or mental issues. To facilitate justice, the law allows others to complain on your behalf.
If you are unable to file a complaint by yourself because of a physical issue, a complaint can be filed for you by:
>A relative or friend
>A co-worker
>Someone who knows about the sexual harassment that took place, and has your written permission..
...An officer of the National Commission for Women or State Women's Commission
If you are unable to make a complaint by yourself because of a mental issue, a complaint can be filed for you by:
>A relative or friend
>A special educator
>A qualified psychiatrist or a psychologist...
...>The guardian/authority who gives you treatment or care
>Any person who knows about the sexual harassment that took place, along with a relative or friend, a special educator, a qualified psychiatrist or psychologist, or the guardian/authority who gives you treatment or care
Sometimes you might not be able to make a complaint for a reason besides physical or mental issues. If so, a complaint can still be filed on your behalf by anyone with who knows about the sexual harassment that took place, if they have your written permission.
This also applies in the event of your death and your legal heir gives their permission to file a complaint.
If you belong to an unorganised sector or a small establishment that does not have an Internal Complaints Committee, you can approach the Local Complaints Committee that has been set up by the District Officer.
If you are unsure, please take this short quiz that we have on the explainer, which helps you understand if this law applies to you. nyaaya.in/topic/sexual-h…

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