SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

1. SEXUAL HARASSMENT OF WOMEN
AT WORKPLACE

2. Across the globe
today, workplace
sexual harassment is
increasingly
understood as a
violation of women’s
rights and a form of
violence against
women.

3. • India’s innovative history in tackling workplace sexual harassment began with
VISHAKA GUIDELINES and subsequently legislation has given critical visibility
to the issue.
• The Sexual Harassment Of Women at Workplace (Prevention, Prohibition And
Redressal) Act, 2013 was enacted to ensure safe working space for women
and to build working environment that respect women rights to equality of
status and opportunity
SEXUAL HARASSMENT IN INDIA

4. VISHAKHA AND OTHERS V STATE OF RAJASTHAN
No formal guidelines on how an employer should deal with cases of
sexual harassment of women at workplace
The Supreme Court passed a landmark judgment in VISHAKA CASE
laying down guidelines to be followed by establishments in dealing
with complaints about sexual harassment
Lok Sabha on 3rd September, 2012 passed SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL)
Bill, which was later passed by Rajya Sabha on 26th February, 2013, the
Bill got assent of President on 23rd April, 2013 and finally Act came into
force on 9th December, 2013
BEFORE
IN
AFTER

5. BHANWARI DEVI
TRIED
BUT
GOT RAPED
During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of
her duties as a worker of the Women Development Programme was raped by the landlords of the community.
The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free
This enraged a women's rights group called VISHAKA that filed a Public Interest Litigation in the Supreme Court of India

6. SUPREME COURT PASSED A LANDMARK JUDGMENT
1. General Definition of Sexual Harassment was given
2. Duty of the employer or other responsible persons in work places or other institutions to prevent or deter the
commission of acts of sexual harassment
3. l employers or persons in charge of work place whether in public or private sector should take appropriate steps to
prevent sexual harassment
4. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the
employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate
authority
5. Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate
disciplinary action should be initiated by the employer in accordance with those rules
6. an appropriate complaint mechanism should be created in the employer's organisation for redress of the complaint
made by the victim i.e. constitute Complaints Committee, provide a special counsellor or other support service and
maintain of confidentiality.
7. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying
the guideline. Etc.……
Following guidelines were laid downs

7. SEXUAL HARASSMENT RESULT IN VIOLATION OF VARIOUS CONSTITUTIONAL RIGHTS OF WOMEN
Right to EQUALITY
under Article 14 & 15
of Constitution of India
Right to LIVE AND TO LOVE WITH DIGNITY
under Article 21
of Constitution of India
Right to PRACTICE ANY PROFESSION OR TO CARRY ANY OCCUPATION, TRADE OR BUSINESS
under Article 19(1)(g)
of Constitution of India

8. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
PROHIBITION
REDRESSAL
PREVENTION
NO MALE
PROTECTION ?

9. WHAT IS SEXUAL HARASSMENT?
1. PHYSICAL CONTACT AND ADVANCES

10. 2. A DEMAND OR REQUEST FOR SEXUAL FAVOURS

11. 3. SHOWING PORNOGRAPHY

12. 4. MAKING SEXUALLY COLOURED REMARKS
5. ANY OTHER UNWELCOME PHYSICAL, VERBAL OR NON-VERBAL
CONDUCT OF SEXUAL NATURE

13. WHO IS AGGRIEVED WOMEN?
AGGRIEVED WOMEN
In relation to workplace In relation to dwelling
place or house
• Women of any Age
• Whether employed or not (permanent,
temporary, adhoc or daily wager)
• Women of any Age
• Employed at such dwelling place or house
Who alleges to any act of sexual harassment by the respondent

14. WHO IS EMPLOYEE?
E
M
P
L
O
Y
E
E
Person employed on regular, adhoc, or daily wages basis or daily wage basis
Either Directly or through agent
With or without the knowledge of principal employer
With or without remuneration
Voluntary or otherwise
On express or implied terms of employment
include co-worker, a contract worker, probationer, trainee, apprentice…

15. WHO IS DOMESTIC WORKER?
D
O
M
E
S
T
I
C
W
O
R
K
E
R
Women who is Employed to do house hold work
Remuneration in cash or kind
Employed directly or through any agency
Whether temporary, permanent, part time or full time
But does not include any family member of employer

16. WHO IS EMPLOYER?
In Case of
Government or a
Local Authority
Private Workplace Dwelling Place or
House
• Head of department/ Organisation,
unit…..
• Person discharging contractual obligation
with respect to his/her employees
• Person responsible for management,
supervision and control….
• Person discharging contractual obligation
with respect to his/her employees
Person who employees or
benefits from the
employment

17. WHAT IS WORKPLACE?
Prevention of Workplace Sexual Harassment Act has introduced the concept of an ‘extended workplace’. As per the
statute, ‘workplace’ includes any place visited by the employee arising out of or during the course of employment
including transportation provided by the employer for the purpose of commuting to and from the place of employment
GOVERNMENT
ORGANISATIONS COMPANIES
NGOs
NURSING
HOMES
CORPORATIONS
FARMS
HOSPITALS
SPORTS
INSTITUTES
COOPERATIVE
SOCITIES
EDUCATIONAL
INSTITUTES
SERVICE
PROVIDERS
HOUSE

18. WHAT CIRCUMSTANCES AMOUNT TO SEXUAL HARASSMENT?
Implied/explicit promise of preferential treatment in employment
Implied/explicit threat of detrimental treatment in employment
Implied/explicit threat about present or future employment status
Interference with work or creating an intimidating/hostile environment
Humiliating treatment, likely to affect health or safety

19. INTERNAL COMPLAINT COMMITTEE (ICC)
1.Mandatory for establishment with 10 or more employees
2.Constitute a committee by order in writing (duty of employer)
3. To be established at each offices or administrative units or
workplaces located at different places

20. MEMBERS OF ICC
a. Presiding Officer Senior women employee employed at offices or administrative units or
workplace
b. Members Minimum 2(from employees) Committed to the cause of women or with
experience in social work or have legal knowledge
c. Outside member Minimum 1 from NGO or association committed to cause of women or
person familiar with cases of sexual harassment
50% OF THE TOTAL MEMBERS TO BE WOMEN
Duration of Membership : Maximum 3 years
Outside member so appointed to be paid such fee or allowance of Rs. 200 per day for holding proceedings and also
reimbursement of travel cost

21. PERSONS FAMILIER WITH CASES OF SEXUAL HARASMENT
Means person who have expertise on issues relating to sexual
harassment and include
1.Person familiar with labour, service, civil or criminal laws
2.Social worker with 5 year experience in this field

22. LOCAL COMPLAINT COMMITTEE (LCC)
1.To be constituted by district officer in every district
2.Receive complaint of sexual harassment
a. from establishment with less than 10 employees and no ICC
b. complaint is against employer himself
3. Designated officers
Nodal officer in Block Receive complaint and forward to LCC
Within 7 days of receipt
Taluka and Tchsil in rural or tribal area and
Ward or Municipality in the urban area

23. MEMBERS OF LCC
a. Chairperson
(allowance of Rs. 250 per day for
holding proceeding)
To be eminent women in the field of social work and committed to the
cause of women
b. 1 Members women working in block, taluka or tchsil or ward or municipality in the
district
c. 2 members
(allowance of Rs. 200 per day for
holding proceedings and also
reimbursement of travel cost)
Atleast 1 women nominated from amongst such non-governmental
organisations or associations committed to the cause of women or a
person familiar with the issues relating to sexual harassment
(atleast 1 nominee should preferably have background in law )
(at least one of the nominees shall be a woman belonging to the
Scheduled Castes or the Scheduled Tribes or the Other Backward Classes
or minority community notified by the Central Government)
Duration of Membership : Maximum 3 years

24. REMOVAL OF MEMBERS FROM COMMITTEE
has been convicted for an
offence or an inquiry into an
offeree under any law for
the time being in force is
pending against him: or
has so abused his position
as to render his continuance
in office prejudicial to the
public interest, or
he has been found guilty in
any disciplinary
proceedings or a
disciplinary proceeding is
pending against him or
contravenes the
provisions of
section16 of this act

25. TIMELINE TO SETOFF THE COMPLAINT
SUBMISSION OF COMPLAINT
(IN WRITING)
WITHIN 3 MONTHS OF LAST INCIDENT
NOTICE TO RESPONDENT WITHIN 7 DAYS OF RECEIVING COMPLAINT
COMPLETION OF INQUIRY WITHIN 90 DAYS
SUBMISSION OF REPORT BY ICC/LCC TO
EMPLOYER/DISTRICT OFFICER
WITHIN 10 DAYS OF COMPLETION OF INQUIRY
IMPLEMENTATION OF RECOMMENDATIONS WITHIN 60 DAYS
APPEAL WITHIN 90 DAYS OF RECOMMENDATIONS

26. HOW CONFIDENTIAL THE COMPLAINT IS?
Contents of the complaint made under this act and other details shall not be published, communicated or made
known to the public, press and media in any manner and it will supersede the Right to Information Act 2005
CONSEQUENCES
Every person entitled with a duty to handle or deal with the complaint, inquiry or any recommendations or action,
if make content of complaint public, then employer shall recover a sum of Rs. 5000/- as a penalty from such person.
PROHIBITION

27. IS CONCILIATION PERMITTED?
ON REQUEST OF AGGRIVED
WOMEN
ICC OR LCC (ANYTIME BEFORE
INITIATING INVESTIGATION)
REFER MATTER FOR
CONCILIATION
MONETARY SETTLEMENT NOT ALLOWED
ICC OR LCC-RECORD THE
SETTLEMENT ARRIVED AT
CONCILIATION
SEND IT TO EMPLOYER OR
DISTRICT OFFICERTO TAKE ACTION
AS SPECIFIED
COPY OF SETTLEMENT SHALL BE GIVEN
TO AGGRIVED WOMEN AND
RESPONDENT

28. PUNISHMENT FOR
FALSE COMPLAINT AND FALSE EVIDENCE
WHERE LCC OR ICC IS OF THE VIEW THAT
allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has
made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has
produced any forged or misleading document
it recommends to Employer or District Officer to take action
in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist,
then actions such as written apology, warning, reprimand or censure, withholding of promotion, withholding of pay
rise or increments, terminating respondent from service or undergoing a counselling session or carrying out
community service.

29. DUTIES OF EMPLOYER
DUTIES OF
EMPLOYER
1.organise workshops and
awareness programmes at
regular intervals
1.provide safe working
environment at the workplace
1.display at any conspicuous place in the
workplace
•penal consequences of sexual
harassments
•detail of constitution of ICC
1.provide necessary facilities to the
Internal Committee or the Local
Committee
1.provide assistance to aggrieved
women to file a complaint for
offence under the Indian Penal Code
or any other law
1.provide necessary
information to ICC and LCC as
and when required
1.assist in securing the
attendance of respondent
and witnesses before the
Internal Committee or the
Local Committee
1.treat sexual harassment as a
misconduct under the service
rules and initiate action for
such misconduct
1.monitor the timely
submission of report y
the Internal Committee
1.cause to initiate action, under the
Indian Penal Code or any other law for
the time being in force

30. Fine which
may extend to
Rs. 50,000/-
If employer is conceited for any
offence under this act, gets
convicted again for the same
offence them:
• Twice of punishment to that of
previous one
• Cancellation of business
registration
All the offence
under this act are
non cognizable