If you are filing a workplace harassment case against a well-known company or a professional, be prepared for risks like retaliation, harm to your career and emotional stress, warns Smita Shetty Kapoor, CEO and co-founder of Kelp, a company the endeavours to set new standards in HR practices.
What happens when you file a case of harassment against a person or an organisation?
What do you risk when you file a case of workplace harassment?
"Filing a workplace harassment case against a well-known company or professional can bring risks like retaliation, harm to your career and cause emotional stress," warns Smita Shetty Kapoor, CEO and co-founder of Kelp.
"Retaliation could include being overlooked for promotions or even losing your job.
"The legal process can be long and exhausting which might discourage some from seeking justice," Kapoor tells Divya Nair/Rediff.com.
What is the percentage of people who report cases of workplace harassment in India?
It is difficult to pinpoint the exact percentage of people who report workplace harassment in India, as many cases go unreported due to fear of retaliation or stigma.
However, data from the National Crime Records Bureau shows that over 400 cases of workplace sexual harassment are reported each year.
Additionally, a Deloitte report found that 43 per cent of women experienced non-inclusive behaviour like harassment or micro-aggression at work.
How many of these cases get justice?
Evidence suggests only one per cent of victims of sexual violence report the crime to the police.
Police officers sometimes do not take reports seriously and, in some cases, are even the perpetrators themselves. Since registration of a complaint is the first step to prosecution, the judiciary process never even begins for these unregistered cases.
When police initiate an investigation, health providers have the crucial responsibility of collecting forensic evidence.
Out-of-date examinations, deemed unscientific by the Supreme Court, are still widespread in Indian hospitals. These examinations do not provide proper evidence.
When more current examinations are conducted, the collected evidence is often inadequate or stored improperly and deemed unusable. Further, gender-insensitive techniques such as checking if they are sexually active are also present; misleading results have been used in court to claim consent and blame the victim.
Few offenders tried in court are ever convicted. Courts report remarkably slow trials.
Is workplace discrimination in India gender/race/community-specific?
Yes, workplace discrimination in India is often gender-specific, with women facing significant challenges. In India, male superiority is prevalent.
The Global Gender Gap Index, which tracks national indicators of gender equality, ranks India 87 out of 144 countries.
Women often encounter biases in hiring, promotions and pay.
According to the Talent Trends 2024 -- India Expectation Gap report (external link), 48 per cent of Indians have experienced discrimination in the workplace.
The majority of biases are based on caste/religion (18 per cent), age (22 per cent) and gender (25 per cent).
Some forms of discrimination, such as fair pay, sexual harassment and discrimination based on a person's pregnancy or handicap, are prohibited in India.
Other forms of job discrimination, such as those motivated by caste, religion or ethnicity, are not prohibited in the private sector.
What are your observations as far as workplace abuse is concerned? What are the most common issues? Why do you think it exists in India?
Workplace abuse in India is a significant issue, with sexual harassment, bullying and discrimination being the most common problems.
Women in particular face a higher risk of sexual harassment, often exacerbated by inadequate enforcement of laws and social stigma.
These issues persist due to power imbalances, lack of awareness and insufficient legal enforcement.
Many victims fear retaliation or believe that reporting won't lead to justice, which discourages them from speaking out. Additionally, cultural norms and societal attitudes often downplay the severity of workplace abuse.
How is workplace abuse different from sexual harassment? Will they be treated as separate cases?
Workplace abuse encompasses a broad range of harmful behaviours, including bullying, verbal abuse and physical threats.
Sexual harassment is a specific subset of workplace abuse that involves unwanted sexual advances, requests for sexual favours and other kinds of verbal or physical conduct that are sexual in nature.
If a female is abused by a male boss, it could fall under both workplace abuse and sexual harassment, depending on the nature of the abuse.
For instance, if the abuse includes requests for sexual favours in exchange for professional benefits, it would be treated as sexual harassment.
As a legal expert, what is your advice to Anna Sebastian's parents? Can they seek legal action?
Anna's parents can indeed seek legal action. Filing a complaint with the police under abetment of suicide might be appropriate.
Consulting a lawyer who specialises in workplace harassment and mental health issues is crucial to navigating this complex legal process.
As an employee, what do you risk when you file a case of workplace harassment against a reputed company/professional?
Filing a workplace harassment case against a well-known company or professional can bring risks like retaliation, harm to your career and emotional stress.
Retaliation could include being overlooked for promotions or even losing your job.
The legal process can be long and exhausting, which might discourage some from seeking justice.
What is the outcome when you win a case of workplace harassment?
Generally, the court may order the perpetrator to apologise, pay compensation for damages like emotional distress and lost wages and implement changes in workplace policies to prevent future incidents.
Dear Readers, have you faced harassment at the workplace? Do you know anyone who has?
How did you deal with it?
Did you report the incident/s or did you quit?
How did you heal from the abuse? Did you take professional help?
What were the lessons you learnt that can help others?
In the light of Anna Sebastian Perayil's tragic demise, we hope the real life experiences we are presenting will help others who are facing a similar situation.
Write to us at getahead@rediff.co.in (subjectline: Workplace woes). If you can, please do share your name and location. If you wish to remain anonymous, please do let us know; we will respect your wishes.
