The onus is on the employer to ensure employee safety but most mid-sized Indian service technology companies are yet to enact sexual harassment policies. Admits K Chandan, an advocate from Chandan Associates, "I have a few IT clients. When I point to the need for a sexual harassment policy, most tend to overlook or ignore it. Its not high on the agenda." An HR Manager of India's premier technology companies rues: "I am going to use the recent case to push the policy through. Earlier the draft proposal was rejected by the company." Yet another HR manager from a flagship company of India's leading business house, oblivious to the irony of her statement, admitted that the company had a grievance redressal mechanism but no sexual harassment policy in place. The lax attitudes transgress the Supreme Court judgment wherein the Court not only defined sexual harassment, but also laid down a code of conduct for workplaces to prevent and punish it, "Employers or other responsible authorities in public or private sectors must comply with the following guidelines: Express prohibition of sexual harassment should be notified and circulated; private employers should include prohibition of sexual harassment in the standing orders under the Industrial Employment (Standing Orders) Act, 1946." As for the complaint procedure, not less than half of its members should be women. The complaint committee should include an NGO or other organisation that is familiar with the issue of sexual harassment. When the offence amounts to misconduct under service rules, appropriate disciplinary action should be initiated. When such conduct amounts to an offence under the Indian Penal Code, the employer shall initiate action by making a complaint with the appropriate authority. However, the survey by Sakshi revealed 58 per cent of women were not aware of the Supreme Court guidelines on the subject. A random survey by AssureConsulting.com among hundred employees working in the IT industry revealed startling results: Less than 10 per cent were familiar with the law or the company's sexual harassment policy. Surprisingly, certain HR managers were also ignorant of the Supreme Court guidelines or the Draft Bill by the National Commission of Women against sexual harassment at the workplace.

Not surprisingly many cases go unreported. However given the complexities involved, company policy is the first step and cannot wish away the problem. Says Savita HR Manager at Icelerate Technologies, "We have a sexual harassment policy that is circulated among employees. Also the company will not tolerate any case that comes to its notice. But the man at home is no different from the person at the office," thus implying the social mindset that discriminates against women is responsible for the problem. Considering sexual censorship and conservative social attitudes emphasising " woman's purity," the victim dare not draw attention for fear of being branded a woman with "loose morals". Women would rather brush away the problem or leave jobs quietly rather than speak up, even in organisations that have a zero tolerance policy. Says Chandan, "I do not have exact statistics but from my experience as an advocate one in 1,500 cases are reported." The problem cannot be resolved till more women speak up but the social set-up browbeats women into silence. The social stigma against the victim and the prolonged litigation process for justice thwarts most women from raising their voice. Purports K Chandan "It may take between three and five years to settle a case, and in a situation where the harassment is covert, evidence is hard to gather and there is no guarantee that the ruling would be in favour of the victim. In one of the rare cases I handled a Country Manager was accused and the plaintiff opted for an out of court settlement."

The dice is, thus, heavily loaded against women. Claims of new age companies of creating liberal and egalitarian workplaces are under serious examination. Companies can come clear by adopting a zero tolerance policy against sexism of any form. Probably the recent publicised case may just about drive companies to do so.

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