Sikkim Suraksha Nagarik Manch condemns sexual harassment of Sikkim student

GANGTOK, 02 Aug: Sikkim Suraksha Nagarik Manch (SSNM) has condemned the sexual harassment of a student from Sikkim at Visva Bharati University, Shantiniketan in West Bengal.
As per news reports, on 08 August three male seniors tried to sexually assault the victim, stripped her, took pictures and blackmailed her.
As per a press release, the Manch held a meeting today where it also denounced the manner in which the University handled the situation. As decided in the meeting, the Manch has written to the President of India seeking his intervention in the matter.
The meeting further discussed the safety and security of students from the hills studying in different universities across the country and resolved to establish connection and dialogue with the students studying outside the state of Sikkim.

Minor girl sexually abused

GANGTOK, 11 July: A case of sexual abuse of a 14-year-old girl at Pakyong, East Sikkim has been reported at Sadar Police Station.
The victim was reportedly sexually abused by her uncle on 04 July and has been admitted in the emergency ward at STNM Hospital.  The FIR has been forwarded to Pakyong Police Station for further necessary action.

Contempt proceedings opened against respondent and counsels in sexual harassment case

HIGH COURT TAKES COGNISANCE OF ALLEGATIONS, ISSUES NOTICES

GANGTOK, 19 July: A woman, whose efforts brought about a sea change in the administration and governance in Sikkim especially for the women employees and in the manner in which they were viewed, is now also part of a spat within the lawyer community here; this has led to the filing of a contempt petition in the High Court against two advocates.
It may be recalled that it was the unwavering and dogged pursuit for justice by a peon employed at a nationalized bank in Gangtok, through her advocate, Dr. Doma Bhutia, which led to the Supreme Court issuing directions to the state government on the protection of women employees in all state government departments, public sector units and even private companies which have a sizeable number of women employees.
This in turn led to the state government issuing a notification early this year and in compliance with the directives of the Supreme Court that each department should have a committee comprising of certain members to look into complaints of sexual harassment in workplace. The woman had initially filed a case against her superior official in the bank accusing him of sexual harassment.
Now, her advocate has filed a contempt case against the opposite party and his advocates alleging interference in the administration of justice. This resulted after the woman filed for withdrawal of her present case pending in the High Court without the knowledge of her advocate. This case was filed recently after a committee, as per the apex court’s directions, had been set up by the bank to look into her allegations of sexual harassment. The committee reported that the allegations could not be proved.
It has been alleged that the woman was influenced into withdrawing her case by the opposite party, an official with the said bank, and his advocates after having called her for a meeting in the chamber of the opposite party’s advocate who is a senior advocate with the High Court. It is further alleged that during the meeting the woman was offered certain benefits if she withdrew her petition.
This, she allegedly agreed to, following which a withdrawal application was filed. The woman has subsequently deposed before the High Court that her decision to file for withdrawal of her pending petition was not voluntary thus raising doubts that there had been some allurement or pressure.
Advocate Doma Bhutia submitted before the court, in the course of the contempt proceedings, that such practice should be stopped. Noting that this was unfortunate, the High Court observed “…the seriousness of the allegations has prompted us to take cognizance of this contempt proceeding though the allegations relate to some happenings outside the court but since the allegations relate to the administration of justice, we feel that this is a case where cognizance should be taken”.
Following this, notices were issued to two junior advocates, allegedly present at the forementioned meeting and also to the official of the bank against whom the initial case of harassment had been filed.

State Govt now has to comply with landmark Apex court order on sexual harassment in workplace including private companies

STATE TO IMPLEMENT GUIDELINES IMMEDIATELY
ANAND OBEROI
GANGTOK, 09 Feb: In what considered a landmark judgment against sexual harassment against women at the workplace, the Supreme Court on 3 February has directed the government of Sikkim to immediately constitute Complaint Committees in all the workplaces in public, public undertakings, private companies and hotel industries in compliance with this judgment and more importantly give wide publicity on the steps being taken by the government in compliance with the order. A few years ago the order of Supreme Court in Visakha’s Case had also observed the necessity to protect women from sexual harassment in the workplace.
In fact in the order dated 3 February observes that the court is satisfied “…that the state government has taken the steps necessary for implementing the guidelines and norms laid down by this court in Vishaka’s case and the directions given in Medha Kotwal’s case”. It further directed the state government give wide publicity to notifications issued by it in compliance with the court’s order and the same to be aired through Doordarshan station; further the Social Welfare department and the Legal Service have also been directed to give wide publicity to the notifications and orders of the government.
The SC order comes after a PIL which was filed by a victim from Sikkim in the Supreme Court of India against the issue of sexual harassment at Workplace which is considered one of the biggest concerns for working women here and that every woman who enters a workplace has a right to be protected and freedom granted from hostile work environment as gender equality includes protection from sexual harassment and right to work with dignity which is also a universally recognized basic human right.
Addressing a press conference here at the Press Club of Sikkim today, Dr.Doma Bhutia who represents the petitioner from Sikkim welcomed the decision and highlighted that the state government now had to observe guidelines to ensure that this violation is not carried out here which was not followed strictly in the state.
The guidelines which need to be implemented soon is that it will now be the duty of the employer or other responsible persons in workplaces and other institutions to prevent and deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement and prosecution of acts of sexual harassment by taking all steps required.
The definition of sexual harassment includes unwelcome sexually determined behavior like physical contact and advances, a demand or request for sexual favours, sexually- coloured remarks, showing pornography and any unwelcome physical, verbal or non- verbal conduct of sexual nature. That this acts are committed in circumstances where the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem.
“It is discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection,” informed Dr.Doma.
Under the preventive steps which are now mandatory all employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment, they should now express prohibition of sexual harassment which should be notified, published and circulated in appropriate ways.
Along with the formation of complaint committees, the public and private establishments have to generate awareness of the rights of the female employees. In this regard, the state government has to adopt suitable measures including legislation to ensure that the guidelines laid are observed by the employers in private sector.
The state government shall give comprehensive publicity to the notifications and orders issued, wide publicity has to be given every month on Doordarshan Station, Sikkim about various steps taken by the state government for implementation of the guidelines.
That now the Social welfare department and the legal service authority of the state of Sikkim shall also give wide publicity not only for government departments of the state and its agencies but also for private companies.
“We have full faith in the Government of Sikkim to implement all directions in letter and spirit for which I shall continuously follow for the implementation of the same which if not would be contempt of court. I also hope that the state will go an extra mile to amend the Sikkim Shops and Commercial Establishment Act, 1983 like they have done in the Sikkim Government servants Conduct Rules, 1981 and extend and notify industrial employment [standing orders] Act, 1946,” she stated.