In a landmark judgement, the Delhi High Court has said an office could also mean an employee’s place of residence because in a changing environment people have started working from home. The High Court order came on a petition filed by suspended Director of National Academy of Audit and Account (NAAA) S.K.Mallick, against whom a departmental inquiry was in progress for alleged sexual harassment of senior woman colleague. Mallick has argued that he could not be accused of sexual harassment at the workplace as the alleged misconduct took place at an official mess where the woman official was staying. While rejecting Mallick’s appeal for stay on the departmental proceedings against him, the court in its order of May 9 2008 took the view that sexual harassment at the workplace included misconduct outside office premises. The court said advances in information technology had enabled senior private sector officials to do office work at home. “An officer or teacher may work from the accommodations allotted to him. He would not be allowed to say that it is not a workplace,” a bench headed by Justice A.K. Sikri said . According to the court, if an officer indulged in an act of sexual harassment with an employee, it would not be open for him to say that he had not committed the act at the workplace but at his residence. The court order found support from sections of the corporate world.
Definition of Offence
Supreme Court says sexual harassment includes
-Physical Contact
-A demand or request for sexual favours
-Sexually-coloured remarks
-Showing pornography
-Any other physical, verbal or non-verbal conduct of a sexual nature
Vishaka & Ors vs State of Rajasthan & Ors., 1997 LLR 991 (SC)
-Physical Contact
-A demand or request for sexual favours
-Sexually-coloured remarks
-Showing pornography
-Any other physical, verbal or non-verbal conduct of a sexual nature
Vishaka & Ors vs State of Rajasthan & Ors., 1997 LLR 991 (SC)
When it takes place
-Subjects another person to an unwelcome act of physical intimacy, like grabbing , brushing, touching and pinching
-Makes an unwelcome demand or request for sexual favours, and makes it a condition for employment
-Makes an unwelcome remark with sexual connotations such as sexually explicit compliments
-Shows a person any sexually explicit visual material
-Engages in unwelcome conduct of a sexual nature, verbal or non-verbal
-Subjects another person to an unwelcome act of physical intimacy, like grabbing , brushing, touching and pinching
-Makes an unwelcome demand or request for sexual favours, and makes it a condition for employment
-Makes an unwelcome remark with sexual connotations such as sexually explicit compliments
-Shows a person any sexually explicit visual material
-Engages in unwelcome conduct of a sexual nature, verbal or non-verbal
Work Place Scope Enlarged
-Court refers to recent phenomenon of senior officials in the private sector running business from their residences with the advancement in information technology.
-An officer or teacher may work from the accommodations allotted to him. He would not be allowed to say that it is not a “workplace”. Bench says body cannot be a accused of sexual harassment of an officer senior to him.
-The Conduct Rules clearly stipulate that a government servant not indulge in any act of sexual harassment of any workman at workplace. The expression ‘any woman’ is broad enough to include a woman who may be senior in status as well” Court says.
-“If an officer indulges in an act of sexual harassment with an employee, it would not be open for him to say that he had not committed the act at workplace but at his residence and get away with it,” a Bench of Justices A.K. Sikri and Vipin Sanghi said.
-Court refers to recent phenomenon of senior officials in the private sector running business from their residences with the advancement in information technology.
-An officer or teacher may work from the accommodations allotted to him. He would not be allowed to say that it is not a “workplace”. Bench says body cannot be a accused of sexual harassment of an officer senior to him.
-The Conduct Rules clearly stipulate that a government servant not indulge in any act of sexual harassment of any workman at workplace. The expression ‘any woman’ is broad enough to include a woman who may be senior in status as well” Court says.
-“If an officer indulges in an act of sexual harassment with an employee, it would not be open for him to say that he had not committed the act at workplace but at his residence and get away with it,” a Bench of Justices A.K. Sikri and Vipin Sanghi said.
Courtesy:- Labour Law Reporter June 2008
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1 comment:
Sexual misconduct certainly happens away fromn the workplace. I have witnessed many events over the last 30 years that prove this point. In fact, a large majority of these events happen away from work.. Still, The sad fact is that most women who suffer from sexual harassment, are the ones that never report the offense. In my years as a human resource professional, I have witnessed this time and time again. Just as sad, is that a number of reported sexual harassment incidents are actually women trying to get back at a male boss that they do not like. I detail these situations and offer solutions in my book, Wingtips with Spurs: Lessons From the Ranch. In fact, I devote an entire chapter to these issues. Michael L. Gooch, SPHR www.michaellgooch.com
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