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GENDER SENSITISATION

Difference between Sex and Gender SexGender Biological difference between Women and Men Culturally- specific set of characteristics that explains the social behaviour of Women and Men 3

Sex v/s Gender SexGender Biological Socially constructed Born with Not born with Cannot be changed Can be changed Examples: -Only women can give birth - Only Men can supply Sperm Examples: -Women can do the same job as men - Men can take care of children 4

What is Gender Sensitisation? Modification of behaviour by raising awareness of Gender equality concerns Changing behaviour and instilling empathy into the views that we hold about our own and the other sex

Legal Context Prevention and Redressal of Sexual Harassment Constitution of India;  Article 14 to 18 – Right to Equality  Article 19 to 22 – Right to Freedom  Article 32 to 35 – Constitutional remedies for enforcement of Fundamental Rights  Article 51(A) of Constitution of India makes it a duty of every citizen to renounce practices derogatory to the dignity of women

Legal Context Prevention and Redressal of Sexual Harassment Indian Penal Code;  Section 294 – For Obscence acts and songs  Section 354 – Assault or criminal force to woman with intent to outrage her modesty  Section 509 – Word, gesture or act intended to insult the modesty of a woman

Sexual harassment Act, 2013 Sexual harassment of women at workplace(prevention, prohibition and redressal) Act, 2013 received the assent of the President on 22 nd April, 2013

Sexual Harassment Rule 3-C of CCS(Conduct) Rules defines sexual harassment as;  Physical contact and advances  Demand or request for sexual favours  Sexually coloured remarks  Showning pornography  Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Sexual Harassment Implied or explicit promise or preferential treatment in employment Implied or explicit threat of detrimental treatment in employment Implied or explicit threat about present or future employment status Interference with work or creating an intimidating or offensive or hostile work environment Humiliating treatment likely to affect her health or safety

Salient features of the Act Every employer of the workplace shall constitute a committee known as “Internal Complaints Committee” consisting of; a.Presiding Officer, a woman Senior Level Officer a.Two other members preferably committed to the cause of women or who have had the experience in social work or have legal knowledge a.One member from NGO The committee shall have the same power as are vested in a civil court

Complaint of sexual harassment Any aggrieved woman may make a complaint of sexual harassment a.Within a period of three months from the date of incident a.In case of series of incidents, within a period of three months from the date of last incident

Conciliation The internal committee may settle the matter through conciliation Before initiating an inquiry At the request of the aggrieved woman No monetary settlement shall be made on the basis of conciliation

Action during pendency of inquiry At the written request of the aggrieved official Recommend transfer the aggrieved women or the respondent to any other workplace Grant leave to the aggrieved woman Grant any other relief as may be prescribed

Punishment for false or malicious complaint If the committee arrives at a conclusion that the allegation against the respondent is false That the aggrieved woman has made the complaint knowing it to be false That the aggrieved woman has produced any forged or misleading document The committee may recommend action against the complainant

Duties of the employer Provide a safe environment at the workplace Display at prominent place in the workplace, the penal consequences of sexual harassments Organise workshops and awareness programs for sensitizing the employees with the provision of the act Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct

Exercise 17

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