1. SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE
BY Dr.SHIVANGI DIXIT

2. WHAT IS SEXUAL HARASSMENT?
• Any un-welcome sexual behavior of direct or
implied nature at workplace
• Includes:
– Physical contact or advances
– Request for sexual favors
– Sexually colored remarks
– Showing pornography
– Unwelcome physical , verbal or non-verbal sexual
conduct.

3. WORKPLACE WILL INCLUDE THE
FOLLOWING…
• Any dept , organization ,establishment
enterprise , office , branch or unit
• Hospitals or nursing homes
• Any sports institute : stadium or complex
• Any place visited by employee for course or
training
• A dwelling place or house

4. TYPES OF WORKPLACE HARASSMENT
• HOSTILE WORK ENVIRONMENT
• QUID-PRO-QOU ENVIRONMENT

5. HOSTILE WORK ENVIRONMENT
• Creating an intimidating work environment
• Humiliating treatment
• Affecting woman’s health and safety
• HOW
– sexist remarks
– Display of pornography
– Obscene graffitti
– Physical contact/brushing against ones body

6. QIUD-PRO-QUO ENVIRNMENT
• Implied or explicit promise of preferential
treatment in job
• Threat of detrimental nature
• Threat to job
• Favors or advances in exchange of benefits
ANY REFUSAL TO COMPLY WITH A ‘REQUEST’,LEADS
TO DISMISSAL ,DEMOTION OR DIFFICULT WORK
SITUATION

8. QUID-PRO-QUO ENVIRONMENT
Employer seeks
sexual favors in
return for
Threat
To fire someone
Increased salary

9. KIND OF EMPLOYEES /WOMEN
COVERED
• Irrespective of age
• Employment status
• Public/private sector
• Clients , customers , domestic workers
• Regular/temporary/ad-hoc/daily wages
• Contractual workers/trainees etc.

10. SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE(PREVENTION,PROHIBITION
AND REDRESSAL)ACT 2013

11. HOW THIS ACT CAME INTO EFFECT?
• Bhanwari Devi
• Indian Dalit Woman
• Village Bhateri, Rajasthan
• Winner of “Neerja Bhanot Memorial Award” for her "extraordinary
courage, conviction and commitment
• HER STORY
Bhanwari Devi continues to be ostracized by her village. She lives on the
outskirts of the village Bhateri, just 55 kms from Jaipur, with her husband who’s
supported her fight throughout. She now runs a self help group with other
women from her community and works with an NGO to support her family.”

12. Delhi Gang Rape Case 2012 “NIRBHAYA”
the central government appointed a judicial committee headed by J. S. Verma,
a former Judge of Supreme Court, to suggest amendments to criminal law to
sternly deal with sexual assault cases.
The Cabinet Ministers on 1 February 2013 approved for bringing an ordinance,
for giving effect to the changes in law as suggested by the Verma Committee
Report.[12]
The Criminal Law (Amendment) Ordinance, 2013 passed

13. Vishakha Guidelines
Supreme Court of India Judgement 1997
(Ref: Vishakha and Ors. V State of Rajasthan)
“In the absence of enacted law to provide for the effective enforcement of the
basic human right of gender equality and guarantee against sexual
harassment and abuse, we lay down the guidelines and norms specified
hereinafter for due observance at all work places or other institutions, until
a legislation is enacted for this purpose. …and it is further emphasised that
this would be treated as the law declared by this Court under Art. 141 of
the Constitution.”
The judgment of August 1997 provided the basic definitions of Sexual
Harrasment at the workplace and provided guidelines to deal with it. It is
seen as a significant legal victory for women's groups in India
Estalished that “Sexual Harassment violates a woman’s right in the
workplace and is thus not just a matter of personal injury”

14. SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE ACT,2013
• OBJECTIVE
– Came into force on 22 april 2013
– To provide protection against several harassment
of women at workplace
– Also for prevention ,prohibition and redressal

15. • PREVENTION
– To keep from happening
– To stop or hinder something from happening esp advance
planning or action
• PROHIBITION
– to forbid by authority ,a law order or decree that forbids
something
• REDRESSAL
– To set right , remedy or rectify

17. RIGHTS BY CONSTITUTION OF INDIA
• Article 14 & 15
– embodies the concept of equality & prohibits
discrimination on the grounds of
religion,race,caste,color,sex or place of birth
• Article 19
– gives right to all citizens to practice any profession or
to carry out any occupation ,trade or business
• Article 21
– Right to life & personal liberty ,includes to live with
dignity & in case of women –must be treated with due
respect, decency & dignity at work place

18. EMPLOYER’S RESPONSIBILITY
• To provide safe work environment devoid of
harassment
• Preventive measures to be taken
• Formulation of a policy that prohibits
harassment
• Policy that states what sexual harassment is
• To explain the complaint procedure

19. CONSTITUTION OF COMPLAINT
COMMITTEE
• Set up of a complaint committee in each office ,branch,unit
of an organization of at least 10 employees
• Shall be constituted at all administrative units
• HEADED BY:
– Presiding officer-women employee at a senior level
– Members-not less than 2 members amongst the employees
– One member from amongst the non-government org. or
asstn.commited to it.
– A member from the AWWA with such cases must be cp-opted ,if
not available a lady officer familiar with the issues relating to
sexual harassment from the JAG’S dept. maybe detailed

20. HOW TO MAKE A COMPLAINT
Complaint be made in writing stating all
the details-dates,place,time,witness(if
any),documents with signatures on the
written statement
Complaint be made within a period of
three months from the date of incident
If not able to make the complaint in
writing, all reasonable assistance be
provided to the woman making the
complaint

21. In case of physical or mental incapacity
or death-complaint be made by her
legal heir or such other person
Be specific
Your employer need not require you
suggestion but your input will be
helpful

22. REASONS FOR NOT REPORTING
• Family pressure
• Political attitude
• Social stigma
• Prolonged court trial
• Various corrupt practices

23. THREATS/EFFECTS OF SEXUAL
HARASSMENT
• Decresed work or school performance;increased
absenteeism
• Loss of job/career,loss of income
• Drop out from course/school
• Personal life affected
• Objectified and humiliated by scrutiny and gossip
• Reputation
• Extreme stress
• Weakening of support network
• Having to move to other city
• Depression ,anxiety/panic attacks

24. EFFECTS ON ORGANIZATION
• Decreased productivity and increased team
conflict
• Decrease in success at meeting financial goals
• Decreased job satisfaction
• Loss of staff and expertise
• Resignation of employees
• Company’s/schools image

25. REDRESSAL
can also submit corrobarative material with documentary proof,oral or written to support the complaint
The committee shall record the allegation of the complainant
Meeting with the complainant within 2 days of the reciept of the complaint , not exceeding 1 week
Committee to assemble within 48 hrs on reciept of complaint
Keep the contents confidential
Maintain a register to endorse the complaint received
Complaint be submitted to any member of the committee with his/her signatures

26. Committee shall fwd its findings to the competent authority for further action
Witness from both parties(if there) maybe called upon
Complainant & the person against whom the complaint is made can submit any
document as a way of evidence before the committee
Person against whom the complaint is made –given an opportunity to give
written explanation within seven days

27. INQUIRY PROCESS
Confidentiality & impartiality is the key
Facts finding
Listing of events
Interview the complainant, respondent and witnesses
Initiate inquiry

28. Opportunity to defend their respective cases
Complete process shall be conducted in camera
Any witness by both the parties may be called upon
Opportunity to give explaination regarding the complaint withing 07 days of the
receipt
Hand-over statement copy to the complainant & person against whom the
complaint is made

29. Complaint committee shall…
Be impartial and fair
Maintain confidentiality
Prepare the report with findings/recommendations
Prepare relevant interview questions
Determine the main issues
Gather & record all relevant information
Know the act,policy or relvant service rules
Be thoroughly prepared

30. CONCILIATION AND INQUIRY REPORT
• On request of aggrieved women
– Settlement of matter between her & respondent
before making inquiry
– No monetary settlement shall be considered
• If settlement arrived
– Icc shall record the settlement
– Send to the employer or the district officer to take
action
– Circulate the copies to both parties

31. FALSE COMPLAINT
• If false with malicious intent,the complainant
shall be penalised
• An enquiry to be conducted prior to
establishing malicious intent
• Mere inability to prove the case will not
attract penalty