The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
JURISPRUDENTIAL ESSENCE -
1. The Act derives its jurisprudential essence from the Fundamental Rights which our
Constitution guarantees to women. With more and more women joining the workforce both
in organised and unorganised sectors, ensuring an enabling working environment for women
through a statute became imperative.
- Sexual Harassment at workplace is considered violation of women’s right to equality by
creating an insecure and hostile work environment, which discourages women’s participation
at work. The Act has been enacted to prevent and prohibit such harassment and thereby
ensures that the right of women to equality under Article 14 and 15 is not violated.
- Article 19(1) (g) of The Constitution gives fundamental right to all citizens to practice any
profession, or to carry on any occupation, trade or business. This right pre-supposes the
availability of an enabling environment for women, which is equitous, safe and secure in
every aspect.
- Article 21, which relates to the right to life and personal liberty, includes the right to live
with dignity, and in the case of women, it means that they must be treated with due respect,
decency and dignity at the workplace.
2. Article 42 of the Indian Constitution also envisages the need for intervention of the
legislature for eradication of this social evil. Article 42 of the Constitution is a part of DPSP
which provides that the State shall make provision for securing just and humane conditions of
work and for maternity relief.
3. Article 11 of the Convention on Elimination of All Forms of Discrimination (CEDAW), to
which India is a party, requires State Parties to take all appropriate measures to eliminate
discrimination against women in the field of employment. The Act is an attempt of Indian
Legislature to achieve the object of the convention.
4. The Act is codification of the guidelines laid down by the Hon’ble Supreme Court in the
case of Vishaka v. State of Rajasthan, 1997 SC.
VISHAKA V. STATE OF RAJASTHAN, 1997 SC (3 Judge Bench Judgement)
(Details of the judgement are particularly important for interviews)
Bench – Hon’ble JS Verma, CJI ; Sujata V. Manohar, J. ; B.N. Kirpal, J.
Judgement delivered by Hon’ble JS Verma, CJI
Facts- An employee of rural development programme of the Government of Rajasthan was
gang raped by 5 men on account of her efforts to stop child marriage in the village. This
prompted several women’s rights activists and lawyers to file a PIL under the banner of
Vishaka in order to prevent the hazards that working women are exposed to on a day to day
basis and highlighted the urgency for safeguards to be implemented in this regard.
The court laid down several guidelines to prevent the sexual harassment of women at
workplaces. These guidelines later got the approval of the Parliament and are now found in
the form of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
WHAT IS SEXUAL HARASSMENT?
Section 2(n) of the Act defines “sexual harassment” an under
“sexual harassment” includes any one or more of the following unwelcome acts or behaviour
(whether directly or by implication) namely:—
(i) physical contact and advances; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Further Section 3(2) provides for some illustrative circumstances which may amount to
sexual harassment for the purpose of the Act -
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health or safety.
In the case of Apparel Export Promotion Council v. A.K. Chopra, 1999 SC, the Hon’ble
Supreme Court has widened the scope of understanding of what constitutes as sexual
harassment by ruling that physical contact is not essential for it to amount to an act of sexual
harassment. The court while interpreting the definition has held that – “sexual harassment is a
form of sex discrimination projected through unwelcome sexual advances, request for sexual
favours and other verbal or physical conduct with sexual overtones, whether directly or by
implication, particularly when submission to or rejection of such a conduct by the female
employee was capable of being used for effecting the employment of the female employee
and unreasonably interfering with her work performance and had the effect of creating an
intimidating or hostile working environment for her.”
How a Complaint of Sexual Harassment can be made?
Section 9 of the Act provides the requisites for a complaint to an Internal Committee or the
Local Committee, as the case may be, under the Act -
1. The Complaint has to be made by the aggrieved woman. Where the aggrieved woman is
unable to make a complaint on account of her physical or mental incapacity or death or
otherwise, her legal heir or such other person as may be prescribed may make a complaint
under this section.
2. The Complaint has to be in writing. Provided that where such complaint cannot be made in
writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or
any Member of the Local Committee, as the case may be, shall render all reasonable
assistance to the woman for making the complaint in writing.
3. The Complaint shall be made within a period of three months from the date of incident and
in case of series of incidents, within a period of three months from the date of last incident.
The Internal Committee or, as the case may be, the Local Committee may, for the reasons to
be recorded in writing, extend the time limit not exceeding three months , if it is satisfied that
the circumstances were such which prevented the woman from filing a complaint within the
said period.
Discuss the interim orders that can be passes in the favour of the aggrieved woman?
During the pendency of an inquiry on a written request made by the aggrieved woman, the
Internal Committee or the local Committee, as the case may be, may recommend to the
employer to—
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman up to a period of three months; or
(c) grant such other relief to the aggrieved woman a may be prescribed.
What are the grounds for determining the compensation under the Act?
The Act under section 15 provides for an inclusive list of grounds which must be considered
by the Internal Committee and the Local Committee, as the case may be, while determining
the compensation under the Act. There grounds are -
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in instalments.
Timeline/Limitations under the Act – (Particularly important for PT)
Malicious Complaint and False Evidence -
- Section 14(1) provides for the procedure that needs to be followed when the Internal
Committee or the Local Committee, as the case may be, arrives at the conclusion that the
allegations against the respondent is malicious or the aggrieved woman or any other person
making the complaint has made the complaint knowing to be false or the aggrieved woman or
any other person making the complaint has produced any forged or misleading document.
- Section 14 (2) provides for the procedure that needs to be followed when the Internal
Committee or the Local Committee, as the case may be, arrives at a conclusion that during
the inquiry any witness has given false evidence or produced any forged or misleading
document.
Duties of Employer provided under the Act -
1. Duty to constitute Internal Committee – Section 4(1)
2. Duty to act upon the recommendation of Employer – Section 13(4)
3. Duties of Employer – Section 19
4. Duty to report number of cases filed and disposed under the Act in the annual report –
Section 22
5. Duty under section 25(2) to produce all information, records and other documents to the
officer making the inspection.
Duties of District Officer -
1. Duty to constitute Local Committee – Section 6(1)
2. Duty to designate Nodal officer in every block, taluka, tehsil, ward or municipality –
Section 6(2)
3. Duty to act upon the recommendation of Employer – Section 13(4)
4. Duties of District Officer – Section 20
5. Duty under section 21(2) to forward a brief report to the State Government on the annual
reports received by the Internal Committee or the Local Committee, as the case may be
6. Duty under section 25(2) to produce all information, records and other documents to the
officer making the inspection.
