After The Energy and Resources Institute (TERI) announced on Monday that R.K. Pachauri, under investigation in a sexual harassment case, >has been appointed its Executive Vice-Chairman , legal experts termed the move illegal, expressing concerns about the precedent this sets for safety of women at the workplace.
Mr. Pachauri, who is out on bail, was appointed to this position, which was created to accommodate him.
Eminent lawyer Vrinda Grover said this appointment was in gross violation of the spirit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 that builds on the foundation laid down by the Vishakha judgment of the Supreme Court in 1997. As per the new law, sexual harassment at workplace is a crime, which places multiple obligations on the employer, first and foremost being an impartial and fair enquiry. She said the woman complainant in this case was denied that, as the Internal Complaints Committee which found Mr. Pachauri guilty was dissolved and its findings were not acted upon.
ADVERTISEMENT
“With pending investigation, the TERI management should not have compelled the woman complainant to resign,” Ms. Grover said.
Mr. Pachauri, on the other hand, continues to be Chancellor of the deemed university of TERI. With the current appointment, he will continue to hold executive powers in the organisation.
Ms. Grover said that under the new law, all workplaces were obliged to provide a safe workplace for women.
ADVERTISEMENT
Indira Jaisingh, senior advocate, Supreme Court, told The Hindu that the basic illegality that the Board of TERI is guilty of is not suspending Dr. Pachauri when the complaint of sexual harassment was made against him. He has been allowed to continue in his position since day one, and he took leave only voluntarily, she said. Women on the Internal Complaints Committee fearing retaliation have resigned from the organization, she noted.
“The TERI management has undermined the very basis of the Act, namely that in any contest between employees and the organisation, on the issue of sexual harassment, they stand with the employee and support her against the person who is alleged to have committed sexual harassment. However, in this case they have done the reverse. They solidly stood by Dr. Pachauri forcing the employees to resign out of fear of further victimisation.” The lawyer decried the absence of a culture of organisations voluntarily complying with the law of the land as in this case.
| What the law says |
|---|
| 1. Woman employee’s complaint of sexual harassment must be investigated by an internal committee |
| 2. Internal committee, at the request of aggrieved woman, can take steps to settle the matter between her and respondent, through conciliation |
| 3. If the complaint is found wrong, the complainant will be subject to disciplinary action |
| 4. Internal committee must pay regard to the mental trauma suffered by aggrieved party, loss in career opportunity, medical bills for physical/psychiatric treatment, and decide compensation for them. |
| 5. The employer must assist the complainant in seeking legal remedies or filing police complaint |
| 6. The employer must treat sexual harassment as a misconduct and initiate action for misconduct |