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Prevention of Online Sexual Harassment - Empowering Women at Work
The New Norm
What has our life become today?
In this COVID-19 situation, it is essential that we take a backseat and review some of the evident changes that has been brought to our working lives. Till this day, most of us are still glued to our digital gadgets within the constraints of the four walls of our homes.
POSH in the New Norm
Without a doubt, there has been a profound shift in the way we work. However, one thing that has not changed is the way a company drives and upholds its Prevention of Sexual Harassment (“POSH”) policy.
Many of us may not be aware, but this policy, although not changed, has substantially broadened in its scope and applicability. Cyberbullying, online harassment and cyber stalking have crept into the definition of sexual harassment given the current practice of working from home. The switch from a physical workplace to that of remote working has brought about the expansion of the meaning and application of the POSH policy.
Legal Interpretation of ‘Workplace’
Interpreting any provision of a statute requires an unbiased and coherent analysis of the legislative intent behind it, so as to eliminate arbitrariness. The same exercise needs to be undertaken in the present scenario for arguing that working from home needs to be integrated properly into the legal framework. It is important to understand that with the emergence and expansion of ‘work from home’ as the new norm, it is imperative to address the true meaning of ‘workplace’.
The ambit of POSH Act is large and from the perusal of the bare provision of the statute ‘any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the purpose of commuting to and from the place of employment can rightfully be considered as ‘workplace’.
As a result of the meaning, online harassment has increased manifold, the result of which can be seen in the workplace as well. Although working from home is not a standard policy in the country, the current resurgence of the pandemic and continuation of the remote working concept ensures that it is here to stay.
Stop Online Sexual Harassment and Protect Yourself
Sexual harassment is happening in cyberspace due to the actual or perceived distance between people. It has enabled culprits to keep a physical distance from their victims while carrying out the harassment.
There are different forms of online sexual harassment. Women should understand what it means to be harassed, educate themselves about its dangers and stand out for themselves by learning about their rights and methods of dealing with such situations.
There exists a wide range of behaviours that can be categorized as online sexual harassment. They are as follows:
- Direct – sending inappropriate sexual content to the victim
- Indirect – sharing or posting sexual content about the victim on or through digital and social platforms
Awareness about your country’s laws relating to any kind of sexual harassment should be a priority. If sexual harassment occurs on social media such as Instagram or Facebook, do check the platform policies and guidelines on dealing with it and take action accordingly.
It could also help if you tried the following:
- Tell the harasser to stop when you feel uncomfortable with the conversation.
- If the harassment continues, immediately stop all communication and block the harasser on all platforms.
- Retain all evidence of harassment. Make a folder of all textual exchanges, sexually explicit voice/video messages, or photos; be sure to record the date, time and venue too. You will need such information if you decide to report the abuse to the authorities.
- Block and report! If you feel threatened or exposed, head to your local police station, cybercrime cells, NGOs or social media platforms and report the matter immediately. Do not withhold any information as it can be essential for effective proceedings.
Companies to Protect Employees against Abuse
The management must ensure their organisations have strict policies in place relating to POSH. Such policies should protect the identities of complainants and result in prompt disciplinary action when required. It is important that companies set up an internal committee to investigate such issues and make recommendations on the appropriate actions.
As a multinational organisation, Napier has built a good culture that places employee’s safety first. Napier ensures adequate education of its employees and effective HR policies that can make the workplace safer, better and healthier for all, be it working from home or office. By conducting awareness programs through webinars, the Napier HR team helps in developing the right culture that contributes to the safety of all.
Employers also need to see the short and long term value in providing important life-saving skills to their employees. Recognising the benefits of such skills, Napier had encouraged its employees to participate in online live streaming self-defence training in March 2021. The session provided basic self-defence techniques that most people can use to enhance personal safety.
By being equipped with better knowledge and understanding about sexual harassment and ways to cope with it, employees are able to identify such scenarios and take action accordingly. In addition, companies should also adopt a zero-tolerance approach towards any kind of sexual harassment and have an appropriate policy to deal with it.
Conclusion
Gross misuse of technology can be easily averted when we recognize such abuse and tackle it as one. The sooner you take action against the perpetrator, the greater the chances of avoiding longer-term damage to your mental health. Let your voice be heard amidst the chaos of the current COVID-19 situation. Say NO to such acts as soon as you identify them, be it offline or online.
About Author
Rishita Dey
Assistant Manager Of Legal Team,
Napier Healthcare Solutions
Rishita is an experienced Legal professional and takes an active interest in management of workplace safety issues. She is concerned about workplace exploitation and has been tracking the changing nature of these issues due to Covid-19.
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Interpreting any provision of a statute requires an unbiased and coherent analysis of the legislative intent behind it, so as to eliminate arbitrariness. The same exercise needs to be undertaken in the present scenario for arguing that working from home needs to be integrated properly into the legal framework. It is important to understand that with the emergence and expansion of ‘work from home’ as the new norm, it is imperative to address the true meaning of ‘workplace’.
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