 "Teri is in breach of the law by appointing Pachauri: Vrinda Grover")
The appointment of Rajendra Kumar Pachauri as executive vice-chairman of Teri has raised many questions. Pachauri, 75, is accused of sexually harassing a 29-year-old research scholar who has since left Teri. Delhi-based lawyer and women's rights activist Vrinda Grover tells Veenu Sandhu that by appointing Pachauri, Teri has failed in its legal obligation to ensure a safe environment for its women employees as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Excerpts:
Is Pachauri's appointment as Teri's executive vice-chairman legal?
There are two distinct obligations before Teri: One is linked to the case (of the sexual harassment complaint against Pachauri) and the other is a general obligation. It is the duty of the employer to ensure that there is a safe working environment - for all women, not just the complainant.
Now here is a man against whom there is an FIR (First Information Report) pending and who is indicted by Teri's internal complaints committee. He may have got a stay from an appellant body, but there is an indictment and that indictment hasn't been set aside. So, there is an FIR and an investigation into that aspect. This man is also in a very senior supervisory position. It is the organisation's obligation to provide a safe working environment. By appointing Pachauri, it has breached that legal obligation because he is now supervising the work of so many women. As a result, all the employees are under a person against whom there is a pending complaint. We don't know whether he has done it or not, but you cannot have such a person as the head. So it's not just about the rights of the complainant; it's about the rights of all the women working at Teri.
The complainant left the organisation last year. How can Pachauri's appointment affect her case?
In so far as her case is concerned, she may draw upon certain witnesses from Teri. She may also draw upon certain material evidence. Will anybody give evidence against Pachauri while he is in such a senior and superior position? The law imposes an obligation on the employer to assist the woman in taking forward her legal case. What kind of assistance is this?
So in multiple ways, when it comes to the main obligation under the law as well as concerning this specific complainant, Teri is in complete breach of the law here.
What kind of message does Pachauri's appointment at Teri send out?
This sends out two messages: one, that no woman at Teri will dare to complain because she will see the fate of the woman who complained. Two, because of the very eminent names that are in the governing body that has appointed Pachauri, a signal is being sent out to the larger corporate culture as well. The message is that as long as the accused is some underling, he will be dismissed or some action will be taken. But when the matter concerns a big, powerful person, then no action is going to be taken.
Is Pachauri's appointment as Teri's executive vice-chairman legal?
There are two distinct obligations before Teri: One is linked to the case (of the sexual harassment complaint against Pachauri) and the other is a general obligation. It is the duty of the employer to ensure that there is a safe working environment - for all women, not just the complainant.
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The complainant left the organisation last year. How can Pachauri's appointment affect her case?
In so far as her case is concerned, she may draw upon certain witnesses from Teri. She may also draw upon certain material evidence. Will anybody give evidence against Pachauri while he is in such a senior and superior position? The law imposes an obligation on the employer to assist the woman in taking forward her legal case. What kind of assistance is this?
So in multiple ways, when it comes to the main obligation under the law as well as concerning this specific complainant, Teri is in complete breach of the law here.
What kind of message does Pachauri's appointment at Teri send out?
This sends out two messages: one, that no woman at Teri will dare to complain because she will see the fate of the woman who complained. Two, because of the very eminent names that are in the governing body that has appointed Pachauri, a signal is being sent out to the larger corporate culture as well. The message is that as long as the accused is some underling, he will be dismissed or some action will be taken. But when the matter concerns a big, powerful person, then no action is going to be taken.