A BILL to make provisions for the protection against harassment of women at the workplace
WHEREAS the constitution recognizes the fundamental rights of citizens to
dignity of person;
AND WHEREAS it is expedient to make this provision for the protection of
women from harassment at the workplace

CODE OF CONDUCT FOR PROTECTION AGAINST HARASSMENT OF
WOMEN AT THE WORKPLACE

Whereas it is expedient to make the Code of Conduct at the Workplace etc to
provide protection and safety to women against harassment it is hereby provided as under:
(i) The Code provides a guideline for behavior of all employees, including
management, and the owners of an organization to ensure a work
environment free of harassment and intimidation;
(ii) “Harassment” means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature, or sexually demeaning attitudes, causing interference with
work performance or creating an intimidating, hostile or offensive work
environment, or the attempt to punish the complainant for refusal to
comply to such a request or is made a condition for employment;
The above is unacceptable behavior in the organization and at the
workplace, including in any interaction or situation that is linked to
official work or official activity outside the office.
Explanation:
There are three significant manifestations of harassment in the
work environment:
(a) Abuse of authority
A demand by a person in authority, such as a supervisor,
for sexual favors in order for the complainant to keep or obtain
certain job benefits, be it a wage increase, a promotion, training
opportunity, a transfer or the job itself.
(b) Creating a hostile environment
Any unwelcome sexual advance, request for sexual favors
or other verbal or physical conduct of a sexual nature, which
interferes with an individual’s work performance or creates an
intimidating, hostile, abusive or offensive work environment.
The typical “hostile environment” claim, in general,
requires finding of a pattern of offensive conduct, however, in
cases where the harassment is particularly severe, such as in cases
involving physical contact, a single offensive incident will
constitute a violation.

(c) Retaliation

The refusal to grant a sexual favor can result in retaliation,
which may include limiting the employee’s options for future
promotions or training, distorting the evaluation reports, generating
gossip against the employee or other ways of limiting access to
his/her rights. Such behavior is also a part of the harassment.
(iii) An informal approach to resolve a complaint of harassment may be
through mediation between the parties involved and by providing advice
and counseling on a strictly confidential basis;
(iv) A complainant or a staff member designated by the complainant for the
purpose may report an incident of harassment informally to her supervisor,
or a member of the Inquiry Committee, in which case the supervisor or the
Committee member may address the issue at her discretion in the spirit of
this Code. The request may be made orally or in writing;
(v) If the case is taken up for investigation at an informal level, a senior
manager from the office or the head office will conduct the investigation
in a confidential manner. The alleged accused will be approached with the
intention of resolving the matter in a confidential manner;
(vi) If the incident or the case reported does constitute harassment of a higher
degree and the officer or a member reviewing the case feels that it needs to
be pursued formally for a disciplinary action, with the consent of the
complainant, the case can be taken as a formal complaint;
(vii) A complainant does not necessarily have to take a complaint of
harassment through the informal channel. She can launch a formal
complaint at any time;
(viii) The complainant may make formal complaint through her incharge,
supervisor, CBA nominee or worker's representative, as the case may be,
or directly to any member of the Inquiry Committee. The Committee

member approached is obligated to initiate the process of investigation.
The supervisor shall facilitate the process and is obligated not to cover up
or obstruct the inquiry;
(ix) Assistance in the inquiry procedure can be sought from any member of the
organization who should be contacted to assist in such a case;
(x) The employer shall do its best to temporarily make adjustments so that the accused and the complainant do not have to interact for official purposes
during the investigation period. This would include temporarily changing
the office, in case both sit in one office, or taking away any extra charge
over and above their contract which may give one party excessive powers
over the other's job conditions. The employer can also decide to send the
accused on leave, or suspend the accused in accordance with the
applicable procedures for dealing with the cases of misconduct, if
required;
(xi) Retaliation from either party should be strictly monitored. During the
process of the investigation work, evaluation, daily duties, reporting
structure and any parallel inquiries initiated should be strictly monitored to
avoid any retaliation from either side;
(xii) The harassment usually occurs between colleagues when they are alone;
therefore usually it is difficult to produce evidence. It is strongly
recommended that staff should report an offensive behavior immediately
to someone they trust, even if they do not wish to make a formal
complaint at the time. Although not reporting immediately shall not affect
the merits of the case; and
(xiii) The Code lays down the minimum standards of behavior regarding
protection of women from harassment at workplace etc but will not affect
any better arrangement that an organization may have developed nor will
it bar the grant of protection that employees working in an institute may
secure from their employers through negotiation.

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Sangdil Riwajoon ki ya Imart-e-Kohna Toot bhi Tou Skti hay
Yeh Aseer Sehzadi Choot bhi tou Skti hay