It is in gross violation of law, says legal expert

The Hindu

R.K. Pachauri continues to be Chancellor of the deemed university of TERI.

Legal experts express concern at precedent this sets for safety of women at workplace

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.

“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.

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

Source: The Hindu