Why is retaliation dangerous?
Retaliation is a primary concern of several women that come forward with claims of sexual harassment. The proceedings take months to take fruit in reality. However, the petitioner may work at the same place for a continued period of time. This exposes her to several potential dangers on a professional and personal front. The law has formulated interim measures to protect the woman from such dangers.
Addressing retaliation
Other than interim measures, there are also safety guidelines that are drafted specifically by the company in order to take care of it’s specific needs.The general safety measures provided include:
- Transfer the complainant or respondent to any other workplace
- Grant leave to the aggrieved woman for up to three months in addition to her entitled leave
- Restrain the respondent from reporting on the work performance or writing any confidential report in relation to the aggrieved woman
- Restrain the respondent from supervising academic activities of the aggrieved woman. This is in case the aggrieved woman is part of an educational institution
Furthermore, Section 7 and 8 of the PoSH Rules, 2013 describes how the committee should address complaints. Committees should judge cases on the basis of natural justice.
Section 8 states that on the complainant’s request, the committee can restrict the respondent from reporting on her work.
As seen in the case Weather Reporters of Local Papers…v Ranjith Roy, the natural justice can never be alienated from the process of adjudication, even if all other principles and provisions have been ignored or disregarded.
Who can report retaliation?
It is important for the victim of retaliation to come forward with the complaint. Third parties with the complainant’s consent must follow the same rule. Due to the civil nature of the proceedings and remedies given, it is a matter of right in personam. Only complainants can approach the IC.
Since retaliation typically takes place during the period of adjudication and hence within the purview of the same. It will depend purely on the facts and circumstances of the case; along with the state of mind of the adjudicators.
How do companies address retaliation?
In the event that the retaliation takes place after the proceedings have ended, the latter mentioned Section will no longer apply. It is in this gap that the companies themselves must create guidelines within their framework.
For example, LTI’s prevention of sexual harassment lays down strict rules that prohibit retaliation against the parties involved and the violation of the same incurs punishments that have been prescribed by the company themselves.