Harassment by senior Harassment by senior

9 months ago

Summoning a woman officer to come to office, without any official need or official approval on a holiday when there is a thin attendance can be considered as sexual harassment or not

Anik

Responded 9 months ago

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A.Dear client,
This prima facie may not be considered as sexual harassment. Though the exact definition of this term has not been defined anywhere in the POSH ACT, it was defined under the leading case of Vishakha v. the State of Rajasthan (1997), it is defined as follows:

“Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as

a) physical contact and advances;

b) a demand or request for sexual favours;

c) sexually-coloured remarks;

d) showing pornography;

e) any other unwelcome physical, verbal or non-verbal conduct of sexual.”

The instance you mentioned doesn't fall within the ambit of sexual harassment
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Anonymous

Replied 8 months ago

Thank you sir

However u/s 3(2) of PoSH Act,
The following circumstances, among other circumstances, if occurs or is present in relation to or connected with any act or connected with any act or behaviour of sexual harassment may amount to sexual harassment :-
i)
ii)
...v) humiliating treatment likely to affect her health or safety.

Hence, in my view it is sexual harassment as this sets wrong precedence and gives undue freedom to the male officer to call the woman officer to office or send to other places on his own interest.

It will have adverse consequence upon the woman officer. Hence I filed the complaint to the ICC.

Kindly let me know if anything wrong with the step taken by me

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Anonymous

Replied 8 months ago

Regards sir

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Kishan Dutt Kalaskar

Responded 9 months ago

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A.Dear Sir,
It may not be considered sexual harassment but it is called as official high handedness. You may lodge a complaint with higher officers against your senior and teach him a lesson.
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Anonymous

Replied 8 months ago

Thank you sir.
I filed a complaint to ICC. Becuse in my view under section 3(2) of PoSH act '...humiliating treatment likely to affect her health or safety' also amounts to sexual harassment.

On this basis I filed a complaint to the ICC.

However ICC has warned me for filing complaint against an 'innocent' officer. I appealed for revoking the warning. My appeal is rejected. What shall I do next

Regards, Your Honour.

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