ORIENTATION WORKSHOP ON

SEXUAL HARASSMENT OF WOMEN

AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL)
ACT,2013

TO ALL RJDs & DW&CW&EOs in the

Date: 27th June, 2024

12/07/2024 1
 What is Sexual Harassment?

―ANY UNWELCOME ACT or behavior

―SEXUAL in nature

―SUBJECTIVE experience

―IMPACT not the Intent

12/07/2024 2
 Sexual Harassment includes

 Physical contact  Vulgar/indecent jokes, phone

calls, text massages, e-mails,
 Abusive Sounds

 Using sexually abusive language  Physical confinement or touches

or signs in the presence of against the will and likely to
woman employee; intrude upon one’s privacy; or

 Showing pornography or the likes;

 Demand or request for sexual
favours;

12/07/2024 3
 Cont…

Sexual Harassment includes

 Implied or explicit promise of PREFERENTIAL TREATMENT in her employment; or

 Implied or explicit THREATENING TREATMENT in her employment; or

 Implied or explicit THREAT ABOUT PRESENT AND FUTURE EMPLOYMENT STATUS; or

 Interference with her work

 Humiliating treatment likely to affect her health or safety.

12/07/2024 4
 Laws Governing Sexual Harassment
 The Sexual Harassment of women at workplace (Prevention,
Prohibition and Redressal) Act, 2013 and Rules made thereunder.

 Indian Penal Code (Section 209, 354, 376 and 509), 1860; and

 Industrial Employment (Standing Orders) Act, 1946

12/07/2024 5
 PURPOSE ?
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) ACT,2013 09.12.2013

― To provide protection to women against sexual harassment at workplace

and for the prevention and redressal of sexual harassment and for matters
connected therewith or incidentals there to.

12/07/2024 6
 Major Contents of this law
I. Foundation of the law
II. Definitions
III. Constitutions of Internal Complaints Committee
IV. Constitutions of local complaints committee
V. Inquiry with complaints
VI. Duties of Employer
VII. Duties and powers of District Officers
VIII. Other Requirements
12/07/2024 7
 Foundation of the Act
1. Constitution of India

2. Human Rights by International Conventions & Instruments-Convention

on the elimination of all forms of discriminations against women
(CEDAW)-which has been ratified on 25th June 1998 by Government of
India

3. Article 11 of the CEDAW clarifies that equality to employment can be

seriously impaired when women are subjected to gender specific
violence, such a sexual harassment at work

12/07/2024 8
 Rights by the constituents

Article 14 & 15

Embodies the concept of equality and prohibits discrimination on the grounds

of religion, race ,caste, sex or place of birth or any one of them

12/07/2024 9
 Cont…

Rights by the constituents

Article 19
Give fundamental rights to all citizens to practice any profession or to carry
out any occupation, trade or business. This right presupposes the availability
of an enabling environment for women. which equoties, safe, and secure
in every aspects

12/07/2024 10
 Cont…

Rights by the constituents

Article 21

Right to life and personal liberty, includes the right to live with dignity and
in case of women, it means that they must be treated with due respect,
decency and dignity at workplace.

12/07/2024 11
 Workplace Definitions
 Employee
- Regular or temporary
- ad hoc or daily wage basis
- directly or through an agent, contractor
- whether for remuneration or not
- voluntary basis
- contract worker, probationer, trainee, apprentice called any other such
name;
 WorkPlace
- also covers within its scope
- places visited during the course of employment
- reasons arising our of employment like including transportation provided by
employer for commuting.
12/07/2024 12
 Scope
 Whole of India
- Organized Sector
- Unorganized Sector

 Office\branch of an organization employing at least 10 employees

12/07/2024 13
 Redressal Committees

12/07/2024 14
 Internal Committee (IC
IC))
 Employer to set up ICC ; by an order in writing
 Shall be constituted at all administrative units/offices.
Committee
- Nominated by the employer
- Presiding Officer (PO) must be a women who’s at senior level
- Two members from amongst employees
- One member from NGO

 At least ½ of total members shall be women

Tenure of the Committee Members

− Every member in IC shall hold office min.3 Years from the date of nomination
12/07/2024 15
 Cont…

Internal Committee (IC

IC))

One Presiding Officer (Must be

Women)

Minimum Two
IC other employees

One person from NGO committed to

cause of women or familiar with issues
Employer Level relating to sexual harassment on
allowance basis
(Min. 5yrs of experience in
Social Work)
12/07/2024 16
 Cont…

Internal Committee (IC

IC))

Fees\Allowances for members

- Allowance of Rs.200\- per day ; and

- reimbursement of travel cost - which ever is less
• By train in three tier AC ; or
• AC bus ; or
• Auto ; or
• Rickshaw or taxi ; or
• The actual amount spent
12/07/2024 17
 Local Committee (LC
LC))
 District Officer shall constitute LCC with min.5 members
 Received complaints only where ICC is not constituted because of having less then ten
workers; or
 If the complaint is against the employer
 Committee members shall nominate by District Officer
 District Officer shall designate nodal officer at each block
o Receives complaints
o Forward same to LCC with in a period of 7 days.

12/07/2024 18
 Local Committee (LCC)
District Level

One Chairperson One member women Two members At least Ex- Officio Concerned officer
Eminent Women with working in the same one shall be woman Dealing with social welfare or
social work field district from NGO’s or women & child development
associations in the area.

Belonging to the
Have law or legal Schedule Caste or Tribe
knowledge or Backward Class

12/07/2024 19
 Who cannot be a member of ICC or LCC
 Contravenes section 16

 Convicted for an offence or enquiry under any law is time being pending against
him/her.

 Has been found guilty or disciplinary proceeding is pending against her

 Has abused his/her position as to render his continuance in office prejudicial to the
public interest

12/07/2024 20
 Complaint
 Should submit to committee
- In writing (6 copies)
- along with supporting documents with the name and address of the witnesses.

 Within 3 months
- of the incident or
- from last instance in case of series of incidents

 The Committee
- shall assist aggrieved person to make complaint in writing.
- can extend the time for filing complaint if it is satisfied with the reason for the delay


12/07/2024 21
 Cont…

Complaint
 If she is unable to do so due to make complaint on account of
physical incapacity , complaint may be filed by
- her relative or friend ; or
- co-worker; or
- an officer of National Commission for Women
- an officer of Women’s Commission; or
- any person who has knowledge of the incident; or
- with the written consent of aggrieved women;
 If she is unable to do so due to make complaint on account of
mental incapacity, complaint may be filed by
- her relative or friend or special educator; or
- qualified psychiatrist or psychologist ; or
- guardian under whose care she is receiving treatment
- who has knowledge of incident jointly with relative
12/07/2024 22
 Conciliation
 On request of the aggrieved women
- Settle the matter between her & the respondent
- before making an enquiry.
- No monetary settlement shall be considered

 If settlement arrived
- ICC or LCC shall record the settlement
- Send to the employer or the District Officer to take action specified in the
recommendation.
- Circulate the copies to both parties

Here an settlement has arrived no further inquiry shall be made by the ICC
or LCC
12/07/2024 23
 INQUIRY TO COMPLAINT
 In case the respondent is an employee the committee shall proceed in accordance
with the service rules.

 Forward to Police

o if no rules exists LCC shall forward the complaint under 509 of the Penal Code
and relevant provisions within 7 days if prima facie case exist.

o if the complainant informs the committee that any terms or condition of the
settlement has not been complied then the committee proceed to make an
enquiry or forward the complaint to the police.

If both are employees then opportunity to be heard shall be given equally

12/07/2024 24
 Cont…
INQUIRY TO COMPLAINT
 Notwithstanding anything contained in the section 509 of the Penal Code may
direct the respondent to pay sums as it may appropriate to the aggrieved women
having regard to sec.15

 For purpose of making an inquiry the ICC or LCC may have some powers , when trying
a suit in following matters :

Under sub-section(7) :
- summoning and enforcing the attendance of any person
- examining him on oath;
- requiring the discovery & production of documents ; and
- any other matter

 Inquiry under subsection(7) shall complete with in 90 days

12/07/2024 25
 Cont…

INQUIRY TO COMPLAINT
During the pendency of an inquiry
The committee may recommend:-

•Transfer the aggrieved women or the respondent to new work place ; Or

•Grant leave up to a period of 3 months which is an addition to the leave entitled to her ;
Or
•Grant any other relief as may be prescribed

Employer shall implement upon the recommendation and send a report to the committee

12/07/2024 26
 INQUIRY REPORT

Report
- Within 10 days of completion of the enquiry
- Committee provides report to the employer or district officer
- Should be available to the concerned parties

12/07/2024 27
 Cont…

INQUIRY REPORT
IF ALLEGATION HAS BEEN PROVED
• Take action in accordance with the provisions of the service rules applicable

Where no such rules has been made, such manner as prescribed :

• To deduct from the salary or wages of respondent

• sum as it may consider appropriate to be paid to aggrieved women or her legal heirs
in accord with sec. 15

• Incase if employer unable to deduct from salary because of

o respondent being absent from duty

o cessation of employment
12/07/2024 28
 Cont…

INQUIRY REPORT

IF ALLEGATION HAS BEEN PROVED

Contd….

•In such cases it may direct to respondent to pay amount to aggrieved women;
•Incase respondent fails to pay , Committee forward the order for recovery of sum as
an arrear of land revenue to the concerned district officer.
•The concerned authority shall act upon the recommendation within 60 days of its
receipt.

12/07/2024 29
 Cont…

INQUIRY REPORT

IF ALLEGATION HAS NOT BEEN PROVED

•If the committee arrives at the conclusion that the allegation has not been proved by
respondent it shall recommend employer and the district officer that no action is
required to be taken.

12/07/2024 30
 Cont…

INQUIRY REPORT
Punishment for false or malicious complaint and false evidence
If false complaint made or any forged documents being produced the committee may
recommend to take action as per the service rules or as otherwise prescribed.

But if the complainant is unable to provide adequate proof then no action is to be

taken

The malicious intent shall be established after an enquiry in accordance has been
made with the prescribed procedure.

Committee arrives at an conclusion that during inquiry false evidence has been
produced then it may recommend action against the witness as per service rule or as
prescribed
12/07/2024 31
 Determination of compensation
Committee shall need to have regard to (Section 13) :
• The mental trauma, pain suffering and emotional distress caused to
the aggrieved
• The loss in the career opportunity
• Medical expenses incurred post the incident
• Income & financial status of the respondent
• Feasibility of such payment in installment or in lump sum

12/07/2024 32
 Prohibition of Publication

Notwithstanding anything contained in the Right to Information Act

- The Complaint

- Identity & Address of Aggrieved, respondent and witness

- Information relating to the conciliation, Inquiry and recommendation by the committee

- Action taken by employer or District Officer

Shall not be published, communicated or made known public, in media in any manner

12/07/2024 33
 DUTIES OF THE EMPLOYER:
1. Provide safe working environment

2. Post warnings which say “Respect the dignity of women” alike at conspicuous positions
in service premises

3. Launch regular education and training campaigns on the prevention of sexual

harassment

4. Make sure all employees should attend regular training programs on the prevention of
sexual harassment in the workplace, including training for new employees, trainees.

5. Treat Sexual harassment as misconduct under the service rules and initiate action for
such misconduct.

6.12/07/2024
Monitor timely submission of reports by IC. 34
 Duties and Powers of District Officer

• Monitor the timely submission of reports furnished by the LC.

• Take such measures as may be necessary for engaging NGO for

creation of awareness on sexual harassment and the rights of the
women.

12/07/2024 35
 Miscellaneous

- Internal committee should submit annual report to the

employer on which information on the number of cases filed and
their disposal under the purposed legislation.

12/07/2024 36
 PENALTY FOR NON-
NON-COMPLIANCE OF ACT
Where the employer fails either of the following:

1.To constitute an ICC

2.To take action on inquiry report
3.To punish for false or malicious complaint and false evidence
4.To include information in annual report

INR 50,000 fine, which gets doubled in case of repeated non-

non- compliance, and risks of
shutting down of the business/ cancellation of registration by the government or
local authorities
12/07/2024 37
 Progress in the State
•.The Department of Women Development and Child Welfare in partnership with
POSH, a Resource Agency empanelled by GoI is organized orientation program for
the internal complaints committee (IC) members constituted in all the Head of the
Departments & Secretariat level in the State at A.P. Secretariat, Velagapudi and
served with HAND BOOK on POSH nearly 1500 members are attended.Local
Complaint Committees(LC) & Internal Complaint Committees (IC) at the District
Level in the State of Andhra Pradesh under Section 21 and 23 of Sexual
Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act,
2013 in the State of A.P.
•. 24 Local Committees (LC) are formed in 26 Districts in the State of Andhra
Pradesh.
•1420 Local Complaint Committees (IC) are formed at the District Level in the State.
• So far 41 complaints received, 28 was disposed and 13 is under process in the
State.
12/07/2024 38
 Any Question ?

12/07/2024 39
 THANK YOU

12/07/2024 40