Need for stringent anti-retaliation measures: Antony J Alex

The case of sexual harassment against R K Pachauri at Teri has once again put the spotlight on the anti-sexual harassment law and its implementation. While this law is a step in the right direction, it still has loopholes that require plugging. This case has put the spotlight on one critical component of the law that requires immediate fixing - anti-victimisation and anti-retaliation.

Sexual harassment is mostly about abuse of power in an unequal relationship at the workplace. The prevention of sexual harassment (PoSH) law provides very little protection to a complainant against anti-retaliation measures by the company - either during the pendency of the matter, or after. Especially so, if the alleged harasser is an influential senior employee, or even the head of the organisation.

There is enough evidence to show that female employees, who challenge status quo, that is, lack of implementation of the law, or who complain against sexual harassment by senior male colleagues, are often terminated from employment or forced to leave due to continued harassment at work. Employees, who have been highly rated performers, suddenly find their ratings plummeting after they have complained against a senior male employee. Is there a committee that reviews ratings to ensure that victimisation isn't taking place? While corporate houses are now beginning to implement the PoSH law, most - barring a few MNCs who have downloaded the global template - do not have effective anti-retaliation policies in place. The law has to be amended to require corporate houses to have stringent anti-retaliation measures in place.

Anti-retaliation measures must not only protect the complainant, but also members of the Internal Complaints Committee (ICC) and even those employees who have had the courage to be witnesses. If an organisation as reputed as Teri, with very eminent personalities on its governing council, allowed Pachauri to return at a very senior position, after he had been found guilty by its ICC, one can only imagine the plight of companies that are dominated by powerful chief executives/promoters.

The only solution is to ensure that adequate anti-retaliation measures are mandated by the law.

Antony J Alex
CEO, Rainmaker, an online learning company, focused on the legal ecosystem