Mangaluru: The Third JMFC Court, Mangaluru has awarded two and half years of imprisonment and penalty of Rs 10,000 each to three colleagues including the store manager, after they were found guilty of sexually harassing their woman colleague at the workplace.
The aggrieved woman, belonging to an extremely poor background, filed a complaint of sexual harassment. Less than two years, after a series of ordeals that the woman had to face, the court on Thursday convicted three people in connection with workplace harassment.
Three men identified as Loy D’ Souza (the manager), Puneeth Shettigar and Ashok Crasta were accused of harassing the 24-year-old woman at a bakery called Konkan Traders near Milagres area in the city where all four were employed. They would pass harsh comments, tease her and even go physical at times, the complaint states.
Assistant public prosecutor Mohan Kumar B. said that it was probably the first verdict in recent times in the state with regard to the workplace harassment based on Vishakha Guidelines.
Mohan Kumar felt that more often these cases get settled outside. While, the woman was brave to complain, despite hailing from a rural area near Bantwal. “She worked at the store for about seven months and left the job. The woman filed a complaint on July 10, 2013 at a women’s police station”, Mr. Kumar said.
Judge U Manjula Shivappa convicted the three under Section 354 (assault or criminal force to woman with intent to outrage her modesty), with a fine of Rs 5,000 under section 506 (Criminal intimidation) and with imprisonment for one year and a fine of Rs 3,000 and 509 (word gesture or act intended to outrage the modesty of woman) imprisonment of six months and a fine of Rs 2,000.
Vishakha guidelines
Under the Vishakha guidelines, sexual harassment include unwelcome sexually determined behavior (whether directly or by implication) as:
a) Physical contact and advances
b) A demand or request for sexual favours
c) Sexually coloured remarks
d) Showing pornography
e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Vishakha guidelines, as laid down by the Supreme Court, put the onus of a safe working environment on the employer. The guidelines say that: “It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.” The guidelines also lay down that every workplace should have a grievance redressal mechanism. It mandates that all companies, whether operating in the public or private sector, should set up Complaints Committee within the organisation to look into such offences.
