Sexual Harassment at The Workplace

The Sexual
Harassment of Women at
Workplace (Prevention,
Prohibition and Redressal)
Act, 2013
1
Indian Law on Sexual Harassment
The 1997:
Constitution Vishaka vs.
of India State of
Rajasthan
The Sexual
Harassment of The Indian
Women at Penal
Workplace Code,
(Prevention, 1860
Prohibition and
Redressal) Act,
2013
3
Approach
The to Judgment
Vishaka Practice - 1997
Supreme Court acknowledged that:
 Sexual harassment is a human rights violation

 Sexual harassment is a violation of the constitutionally guaranteed
fundamental rights:
 Articles 14 and 15: Right to equality

 Article 21: Right to life - to live with dignity
 Article 19(1)(g) - Right to practice any
profession/trade/occupation/business, i.e., a right to a safe
environment free from harassment
 There is a need for guidelines to fill the legislative vacuum
4
The Vishaka Judgment - Guidelines
 Employer’s duty to
 Prevent and prohibit acts of sexual harassment Article 21: Right to

life - to live with dignity
 Redress and resolve grievances pertaining to sexual harassment
 The Guidelines = Law, until such time a legislative frame work on the
subject is enacted
5
How Harassment
The Sexual do we of Women at Workplace(Prevention,
differentiate?
Prohibition and Redressal) Act, 2013
 Object: Prevention + Protection + Redressal
6
Talentis an “Employee”?
Who
Regular, temporary, ad hoc employees
Directly/through an agent/contractor
EMPLOYEE
With or without remuneration/voluntary
Express/implied terms of employment
Probationer/apprentice…
7
Who is the “Employer”?
Employer
Management Supervision Control
Person discharging contractual obligations

with respect to the employees
Person/board/committee responsible for

formulation of policies
8
The “workplace”
Private sector Government

organisations owned/controlle
d
establishments
Hospitals/
Sports Nursing
institutes, homes
stadiums, training
institutions Workplac
e
Vocational
Dwelling /
place in case Educationa
of a AND l
domestic … Institutions
worker
9
The extended
“workplace” …
Any place visited by

the employee
 arising out of;
 or during course of;
employment,
including transportation provided by
employer.
10
“Sexual Harassment” under the new law
A demand or
request for sexual
favors
Making sexually Showing

colored remarks pornography
Sexual
Harassmen
t Unwelcome physical,
Physical contact verbal or non-verbal
and advances conduct of sexual nature
11
Circumstances Considered as 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
12
Internal Complaints Committee
 Mandatory for establishments employing 10 or more employees
 ICC to be appointed by an order in writing
 At least ½ of the membership of the ICC to be women
 ICC to prepare and submit an annual report to the employer and the
District Officer
13
Internal Complaints Committee
Presiding Officer – Senior woman

employee from the workplace/other
admin units/office/organisations.
2 Members – Committed to the cause of

ICC
women/experience in social work/legal

knowledge
One member from an NGO/other

women’s organisation/familiar with
issues relating to sexual harassment.
14
Local Complaints Committee
 To be set up in every district
 LCC is the grievance redressal body with respect to:
 organisations having less than 10 employees

 organisations that have not set up an ICC
15
Grievance Redressal Process
Incident of 3 months Complaint made

Sexual to ICC/LCC
Harassment Employee
requests for a
Beyond 3 settlement
months
Reasons for delay to Settlement

be recorded in writing  Not
Beyond 3 months monetary;
No
settlement
 ICC to record
Employee settlement
does not and forward
request for
INQUIRY to LCC and
settlement
parties
 No further
inquiry
16
Grievance Redressal Process
Inquiry Inquiry report to Allegation No action to be

Principles of be submitted to not taken; Assessment
natural justice the Employer proved of whether charges
to be and the parties are false/malicious
followed
Allegation
proved
[within 60 days] • ICC/LCC to inquire into
Punishment as whether the allegations
per service rules; were made with a
Appeal to Monetary malicious intention.
court/tribunal penalty payable • Inability to substantiate
to the aggrieved the complaint or provide
woman adequate proof doesn’t
not amount to malice.
17
17
Interim Reliefs
During the pendency of the enquiry, upon

written request by the aggrieved employee:
 Transfer the aggrieved woman or the

respondent to any other workplace
 Grant leave to the aggrieved woman up

to a period of three months
18
Determination of Compensation
 Mental trauma, pain, suffering, emotional

distress caused
 Loss in career opportunity due to the

incident
 Medical expenses incurred
 Income/financial status of the respondent
 Feasibility of such payment in lump sum

19
Employer’s
Value BillingObligations
 Provide a safe working environment
 Display at the workplace, details of:
 the penal consequences of indulging in acts of sexual

harassment
 composition of the ICC
 the grievance redressal mechanism available to aggrieved
employees
 Organize workshops and awareness programs for sensitizing

employees
 Organizing orientation programs for members of the ICC
20
Employer’s Obligations
 Cooperate and assist during the course of the

inquiry
 Treat sexual harassment as misconduct under the

service rules
 Provide assistance to the aggrieved employee,

should she choose to file a police complaint;
 Initiate action under the IPC or such other applicable

law
 Ensure timely submission of reports to the District

Officer
21
Penalties
 Failure to constitute an ICC
 Contravention of any provision under the statute
 Fine of INR 50,000 (approx. US$1,000)

 Cancellation of business licences
 All offences under the statute are non-cognizable
22
The Indian Penal Code Provision
Section 509 - Word, gesture or act intended to insult the

modesty of a woman
Offence:

utterance of any word,

making any sound or gesture

exhibiting any object
With an intention to intrude upon the privacy of such woman

Punishment: Simple imprisonment up to 3 years + fine
Nature of offence: Cognizable
23
Amendment to the Indian Penal Code
Provision
Section 354 A: Sexual harassment and punishment for sexual

harassment
Offence:
 physical contact and advances involving unwelcome and explicit
sexual overtures; or
 a demand or request for sexual favours; or
 showing pornography against the will of a woman; or
 making sexually coloured remarks
Punishment: Commission of an offence under (i), (ii) or (iii) punishable

with rigorous imprisonment for a term of up to 3 years and/or fine;
commission of offence under (iv) punishable with imprisonment for a
term up to one year and/or fine
Nature of offence: Cognizable
23

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The Sexual

Supreme Court acknowledged that:

 Sexual harassment is a human rights violation

 Articles 14 and 15: Right to equality

 There is a need for guidelines to fill the legislative vacuum

 Prevent and prohibit acts of sexual harassment Article 21: Right to

 Redress and resolve grievances pertaining to sexual harassment

 Object: Prevention + Protection + Redressal

Regular, temporary, ad hoc employees

With or without remuneration/voluntary

Express/implied terms of employment

Management Supervision Control

Person discharging contractual obligations

Person/board/committee responsible for

Private sector Government

Any place visited by

Making sexually Showing

 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

 Mandatory for establishments employing 10 or more employees

 ICC to be appointed by an order in writing

 At least ½ of the membership of the ICC to be women

Presiding Officer – Senior woman

2 Members – Committed to the cause of

women/experience in social work/legal

One member from an NGO/other

 To be set up in every district

 LCC is the grievance redressal body with respect to:

 organisations having less than 10 employees

Incident of 3 months Complaint made

Reasons for delay to Settlement

Inquiry Inquiry report to Allegation No action to be

During the pendency of the enquiry, upon

 Transfer the aggrieved woman or the

 Grant leave to the aggrieved woman up

 Mental trauma, pain, suffering, emotional

 Loss in career opportunity due to the

 Medical expenses incurred

 Income/financial status of the respondent

 Feasibility of such payment in lump sum

 Provide a safe working environment

 Display at the workplace, details of:

 the penal consequences of indulging in acts of sexual

 Organize workshops and awareness programs for sensitizing

 Organizing orientation programs for members of the ICC

 Cooperate and assist during the course of the

 Treat sexual harassment as misconduct under the

 Provide assistance to the aggrieved employee,

 Initiate action under the IPC or such other applicable

 Ensure timely submission of reports to the District

 Failure to constitute an ICC

 Contravention of any provision under the statute

 Fine of INR 50,000 (approx. US$1,000)

 All offences under the statute are non-cognizable

Section 509 - Word, gesture or act intended to insult the