Coronavirus lockdown | Sexual harassment cases at workplace get delayed across India Inc

In March, a 34-year-old marketing manager at a private bank complained against her senior about sexually-coloured remarks made against her during a company offsite. However, before the investigation could proceed, the coronavirus outbreak led to a lockdown from March 25. She was not comfortable completing the process on video and the three-month inquiry period had also passed.

“There were privacy concerns expressed by the woman and since she is to be married at the end of this year, she did not want any threat of the video getting leaked,” said an independent member of the internal complaints committee (ICC) in the company quoted above.

Amidst the COVID-19 outbreak, Prevention of Sexual Harassment (POSH) complaints across India Inc has been seeing delays due to the cases being sensitive and complainants, respondents unwilling to complete the process via video.

At a Bengaluru-based technology firm, the respondent who was accused of inappropriately touching a female colleague switched off his video in the midst of an ICC meeting. He later contacted the ICC team and informed him that he cannot consent to a video resolution.

Also Read: Has the #MeToo movement encouraged women to file complaints?

According to a member of this ICC, the respondent was already pursuing a legal matter in his family and did not want any risk of this video presented as evidence to the ongoing case.

The ICC, comprising senior women leaders at the workplace as well as external experts, is involved in resolving POSH complaints. The process includes talking to the complainant and the respondent as well as seeking evidence/corroboration of the events from witnesses.

Naming the complainant and witnesses is a crime as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Hence, Moneycontrol has kept the identities of all individuals confidential.

Law states that the inquiry in a POSH complaint has to be completed within 90 days. However, industry sources said that companies may take almost six months to complete investigations considering the lockdown.

Due to safety concerns, complainants and respondents are not eager to visit the workplace for the ICC meetings. Further, industry sources also said that a few POSH complainants, especially working in the retail sector, have gone back to their native places delaying the resolution process.

"I had a lady working in a large retail chain who had complained of unwelcome advances by her colleague. However, the lockdown forced her to go home. And now she is reluctant to come back for the ICC meetings since there is a fear of losing her job due to this and uncertainty of finding alternate employment," added a Mumbai-based lawyer.

All listed companies are required to report the number of complaints related to Prevention of Sexual Harassment (POSH) as per law. This includes the number of cases and their status.

Data compiled by Moneycontrol in October 2019 showed that a total of 704 complaints related to sexual harassment were filed across Nifty50 companies in FY19, showing a 14 percent year-on-year increase.

Independent POSH advisor Anirudh Mattoo told Moneycontrol that privacy concerns on video platforms has led to concerns and apprehensions among victims of POSH cases.

“It is very easy for data and related information to leak. This information can be used for blackmailing the complainants by hackers or other criminals. Hence, it is better to wait for organisations to open up completely,” he added.

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, a series of unwelcome remarks and actions would constitute sexual harassment. These include physical advances, demand for sexual favours, making sexually-coloured remarks as well as any unwelcome conduct of a sexual nature.

While the processes to file complaints were in place across companies, the MeToo movement against sexual harassment beginning October 2018 had encouraged women to come out and name their offenders, often public figures, celebrities and corporate leaders.

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