Picture of Mr. Naeem Khan
Stand of committee if not proved by victim
by Mr. Naeem Khan - Monday, 14 April 2014, 1:25 PM

If the victim could not prove it with that of the oppressed, thenĀ  the Committee should do?

Picture of Nandita (INS)
Re: Stand of committee if not proved by victim
by Nandita (INS) - Monday, 21 April 2014, 8:32 AM
Dear Naeem, Thank you for your query. The sexual harassment of women at workplace Act lays the onus of proof on the respondent or the accused. In more than 90% of the cases of Sexual harassment at the workplace there will be no evidence as such acts are often committed in secluded areas or is something that happens so discreetly between two people that others may not have noticed it. There are very rare black and white cases. In such a case the committee will register the case and following all procedures of natural justice will use the standards that we have spoken about in the learning material- the most commonly used being impact vs intent and the reasonable woman standards. The committee will then proceed to give their verdict as not proven, guilty or not guilty as will be applicable to the case. Hope this answers your question Best regards Martha and Nandita