A bystander refers to someone who is not directly involved as either the victim or the perpetrator of the harassment but witnesses the inappropriate behavior or becomes aware of it. Bystanders can include colleagues, supervisors, clients, customers and anyone else present in the environment where the harassment occurs. Bystanders may witness sexual harassment in various forms, such as verbal comments, gestures, physical advances, or other unwanted behaviors that create a hostile or uncomfortable work environment.
Can a Bystander file a Complaint on behalf of the Aggrieved Women?
Under the POSH Act, 2013, a bystander can file a complaint on behalf of the aggrieved woman if she is unable to do so herself. Section 9(1) of the POSH Act allows “any person” to make a complaint of sexual harassment on behalf of the aggrieved woman, including co-workers, friends, or family members. Bystanders filing a complaint should provide comprehensive information and evidence, including details of the incident(s), names of parties involved, witnesses, and any other relevant information to assist in the investigation.
How can a Bystander help in Preventing Sexual Harassment at Workplace?
Report: Bystanders can play a vital role in preventing sexual harassment by reporting any incidents they witness to appropriate authorities, such as the HR or the IC Committee.
Intervene: Bystander Intervention involves taking action to stop harassment, protect the victim, and prevent further harm. This can include directly confronting the perpetrator, de-escalating the situation, or offering support to the victim.
Support: Bystanders can offer crucial support to victims by listening to them, believing their accounts, and providing emotional validation and reassurance. They can also help victims access resources and navigate reporting procedures, such as counselling, legal advice, or HR support.
Why is the Role of a Bystander important?
The role of a bystander in cases of sexual harassment is paramount for two fundamental reasons: changing the outcome of such incidents and ensuring perpetrators face consequences for their actions. If a bystander witnesses, inappropriate behavior towards a colleague, their timely intervention can prevent further harm to the victim. By speaking up, the bystander can disrupt the harassment, offer assistance to the victim, and potentially de-escalate the situation. Bystanders’ active participation is also indispensable in ensuring that perpetrators are identified, investigated, and appropriately punished for their actions.
