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JIAFM, 2007 - 29(4); ISSN: 0971-0973
the complaints and action taken by them.
The employers and person in charge will also report
on the compliance with the aforesaid guidelines
including on the reports of the Complaints
Committee to the Government department.
Workers' initiative:
Employees should be allowed to raise issues of
sexual harassment at workers' meeting and in other
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appropriate forum and it should be affirmatively
discussed in Employer Employee Meetings.
Awareness:
Awareness of the rights of female employees in this
regard should be created in particular by prominently
notifying the guidelines (and appropriate legislation
when enacted on the subject) in a suitable manner.
Third Party Harassment:
Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the
employer and person in charge will take all steps
necessary and reasonable to assist the affected
person in terms 'of support and preventive action.
Role of Governments:
The Central / State Governments are requested to
consider adopting suitable measures including
legislation to ensure that the guidelines laid down by
this order are also observed by the employers in
Private Sector. [6]
Summary and Conclusions:
If any employer or administrator of a Hospital ever
allow or encourage harassment by remaining silent,
there can be serious consequences. Part of their job
is to promote and protect the welfare of employees.
There can be at least two serious consequences:
• Firstly, the situation can get out of hand quickly
and become much worse and
• Secondly, administrator may be the one
accused of harassment because he let it
happen.
Both of these consequences can have serious
repercussions on administrators and Institution. In
fact, there are at least three ways in which
administrators may be alerted to a harassment
situation in the workplace:
• An employee of organization might complain
about another employee;
• Administrator may witness or over hear certain
behaviours that might be considered
harassments; and
• Administrator may even see or hear about
behaviour that certain constitute harassment.
If an employee complains about the behaviour of
another employee, the first thing administrator must
do is to listen carefully. Do not offer an opinion and
do not display emotions. Do not react rashly; at this
point all administrator have is the word of someone
who has a vested interest in the charge. Instead
approach the situation by gathering data. Ask
specific questions to the person complaining and
then ask specific questions to the person against
whom the complaint is made. This is not the time for
evaluating the answers but for collecting the
information. Inform seniors / supervisor of the situation
and then conduct subsequent investigations. [8]
If administrator observes what may be harassment
ask the employees who were the target of the
potential harasser, if the behaviour was indeed
offensive to them. If the answer is yes, explain that
such behaviour need not be tolerated. Ask questions
and conduct an 'investigation to determine additional
facts. If administrator thinks that the behaviour of a
person is offensive, inform the employees of all
possible risks associated with the observed
behaviour. Do this in a friendly manner, and not one
that would seem to be corrective and accusatory,
because the offending employee might not have
been aware of the potential reaction to the
behaviour. An appropriate comment from
administrator at this point could prevent an
unpleasant situation in the future.
When an administrator sees or hears behaviours
that certain is harassment, it's his responsibility to
stop it right away. Administrator’s acknowledgment
of the situation and confrontation of the offender
may be enough to end the behaviour, but he may
have to initiate appropriate corrective action to
prevent it from happening again. This may include
reassigning the offender to another department or
shift or, eventually, termination. In any event, he
should immediately report the encounter to your
seniors / supervisor. [7, 8]
References:
1. Kounteya Sinha. ‘Sexual abuse in hospitals exposed’, the
Times of India, November 8, 2006: 7.
2. Paramita Chaudhary. “Sexual Harassment at Work Place:
Experiences of Women in the Health Sector”, by Population
Council, an International NGO.
3. Report on April 11, 2007, published in the Nursing Standard,
[Daily Mail, London].
4. The Indian Medical Council (Professional Conducts, Ethics &
Etiquette) Regulations-2002, Chapter VII, Point 7.4.
5. Dhananjay Mahapatra. ‘SC defines what is a woman’s
modesty’, The Times of India, March 22, 2007: 1.
6. Vishakha vs. State of Rajasthan [1997(7) SCC.323.
7. “Never encourages Sexual harassment”; Hindustan Times
Career Guide, October 10, 2005: 4.
8. Becoming a Successful Manager by Jack H. Grossman and
J. Robert Parkinson. Published by Tata McGraw-Hill
Published Co.
9. The bill of Prevention of Sexual Harassment at Work Place
2005.