What should I do as a bystander of Sexual Harassment?

Welcome to POSHitive, your ultimate source for insights on creating safe and respectful workplaces! We are Safe Spaces Inc., a leading POSH advisory services firm committed to fostering awareness and ensuring workplaces in India are free from sexual harassment.

Sexual harassment is a serious issue that can occur in any organisation, and as a bystander, you have a crucial role to play in supporting those who may be affected. Your actions can make a significant difference in creating respectful Safe Spaces at work. Here are some essential steps you can take if you witness or learn about incidents of sexual harassment.

Key Actions for Bystanders

• Listen to the Abused: If someone shares their experience with you, listen attentively. Avoid dismissing or trivialising their feelings. Providing a supportive ear can be incredibly validating for the person affected.
• Gather Information on Internal Committees: Familiarise yourself with the details of your organisation’s Internal Committee (IC), which is responsible for addressing complaints under the Prevention of Sexual Harassment (POSH) Act. Encourage the affected person to approach the IC formally.
• Seek Consent Before Complaining: If you wish to file a complaint on behalf of the victim, ensure you have their written consent before proceeding. Respecting their autonomy is crucial.
• Understand Conditions for Filing Without Consent: According to the POSH Act, there are specific situations where you can file a complaint without the victim's formal consent. These include:

“If the complainant is physically incapacitated, a complaint can be filed by:

1. Their legal heir
2. A relative or friend
3. A co-worker
4. An officer of the National Commission for Women or State Women’s Commission (for female complainants)
5. Any person with knowledge of the incident, with the aggrieved person’s written consent.

If the complainant is mentally incapacitated, a complaint can be filed by:

1. Their legal heir
2. A relative or friend
3. A special educator
4. A qualified psychiatrist or psychologist
5. The guardian or authority responsible for their care
6. Any person with knowledge of the incident, along with their relative or friend, special educator, or qualified mental health professional.”

• Forums beyond IC to lodge a POSH Compliant: 

Complaint forums are applicable independent of whether the respondent (alleged harasser) is from your organisation or any other. The complainant has the right to approach multiple forums simultaneously. If the complainant wished to lodge an FIR, it is the responsibility of the employer to help them lodge the same. You can refer them to the following blog which outlines options for filing complaints beyond the internal committee:  https://safespacesinc.in/blog/f/where-can-i-make-a-posh-complaint-beyond-the-internal-committee?blogcategory=1.+POSHitive

What Not to Do

• Do Not Take Action Yourself: Avoid trying to resolve the situation on your own. Your involvement could complicate matters and may not be effective.
• Do Not Confront Any Parties: Refrain from confronting the alleged harasser or the victim. This could escalate the situation and put both you and the victim at risk.
• Do Not Spread Rumours or Misinformation: Protect the privacy of the individuals involved. Spreading rumours can harm reputations and create a hostile environment.

It’s essential to remember that the Internal Committee is the formal authority responsible for taking action on complaints and has the powers vested in civil courts. Any actions taken by individuals outside of this framework could expose both the victim and yourself to retaliation, which you may not be equipped to handle. Always direct those affected to the Internal Committee or other appropriate authorities.

By taking these steps, you can be an effective ally and help foster a safer, more respectful workplace for everyone.

POSHitive Outlook

POSHitive, a mini-blog by Safe Spaces Inc., aims to simplify POSH compliance into easily digestible pieces. 

Remember, creating a safe workplace is not just a legal obligation but an ethical commitment to contribute to a positive and thriving work environment. 

Join us on our journey towards building workplaces where everyone feels secure, respected, and empowered. After all, Safe Spaces are the foundation of a POSHitive future!

For further support on POSH Compliance, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging (DEIB) training, visit Safe Spaces Inc. or contact us at support@safespacesinc.in

PS: This blog is for informational purposes only and should not be considered legal advice. If you have experienced sexual harassment, please seek professional help or contact the relevant authorities.

This article has been sourced from our website blog section. You can find it here : https://safespacesinc.in/blog/f/what-should-i-do-as-a-bystander-of-sexual-harassment