THE LATEST INDIAN LAW ON

1.4- SEXUAL HARASSEMENT

  This presentation is about the latest Indian Law on
The Sexual Harassment of Women a t Workplace
(Prevention, Prohibition and Redressal) Act 2013

1.4- SEXUAL HARASSEMENT

 PURPOSE OF THIS ACT

To provide protection against sexual

harassment of women a t workplace and for the
prevention and redressal of complaints of sexual
harassment and for the matters connected
therewith of thereto .

1.4- SEXUAL HARASSEMENT

 MAJOR CONTENTS OF THIS LAW

 Foundation of the Law

 Definitions
 Constitution of Internal Complaints Committee
 Constitution of Local Complaints Committee
 Complaint
 Inquiry into Complaint
 Duties of Employer
 Duties and Powers of District Officer
 Other Requirements
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1.4- SEXUAL HARASSEMENT

 WHAT IS ?

 P re v e n t i o n
To keep from happening
To stop or hinder something from
happening,especially by advance planning or action
 Prohi bi t

To forbid by authority, A law, order, or decree t h a t

forbids something
 R e d re s s a l

To set right; remedy or rectify.

1.4- SEXUAL HARASSEMENT

 FOUNDATION OF THIS ACT

 Constitution of India
 H u m a n Rights by International Conventions and
Instruments – Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW)–
which ha s been ratified on 25 th J u n e 1993 by the
Government of India.
 Article 11 of the CEDAW clarifies t h a t equality to
employment can be seriously impaired when women
are subjected to gender specific violence, such a sexual
ha r a s sme nt a t work .

1.4- SEXUAL HARASSEMENT

 REASONS FOR THIS ACT

 Sexual Hara s s ment a t a workplace is considered

violation of women’s right to equality, life and liberty.
It creates a n insecure and hostile work environment,
which discourages women’s participation in work,
thereby adversely affecting their social and economic
empowerment and the goal of inclusive growth.

 With more and more women joining the workforce,

both is organised and unorganised sectors, ensuring a n
enabling working environment for women through
legislation is felt imperative by the Government.

1.4- SEXUAL HARASSEMENT

 RIGHTS BY THE CONSTITUTION OF INDIA

 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 of them.
 Article 19
Gives fundamental right to all citizens to practice any
profession, or to carry out any occupation,trade or business.
This right presupposes the availability of a n enabling
environment for women, which equitous, safe and secure in
every aspect.
 Article 21
Right to life and personal liberty, includes the right to live
with dignity and in case of women it means t h a t they must
be treated with due respect, decency and dignity a t
workplace. 8

1.4- SEXUAL HARASSEMENT

 THE ACT EXTENDS TO WHOLE OF INDIA
DEFINITIONS

Employee:
 A person employed a t the workplace for any work on
regular, temporary, ad-hoc, daily wage basis, either
directly or through a n agent, including a contractor,
with or without the knowledge of the principal
employer, whether or not for remuneration or working
on the voluntary basis or otherwise, whether the terms
of employment are express or implied and includes a
co-worker, a contract worker, probationer, trainee,
apprentice or called by any other such name.

1.4- SEXUAL HARASSEMENT 9

 EMPLOYER

 In relation to any department , organisation,

undertaking, establishment, enterprise, institution,
office, branch or unit of the appropriate Government or
a local authority in the above

 If not specified, any person responsible for control of

the management, supervision or workplace.

1.4- SEXUAL HARASSEMENT 10

 SEXUAL HARASSMENT DEFINED

Includes any one or more of the following unwelcome acts

or bahaviour (whether directly or by implication) viz:
 Physical Contact or advances

 A demand or request for sexual favors

 Making sexually colored remarks

 Showing pornography

 Any unwelcome physical, verbal or non-verbal conduct

of sexual nature.

1.4- SEXUAL HARASSEMENT 11

 PREVENTION OF SEXUAL HARASSMENT
DEFINITION
 No woma n sh all be subjected to sexu al h a r a ssm ent a t
workplace
 The following circumstances, among other circumstances, if it
occurs or is present in relation to or connected with any act or
behviour of sexual harassment may amount to sexual
harassment
 Implied or explicit promise of preferential treatment in her
employment
 Implied or explicit threa t or detrimental trea tment in her
employment
 Implied or explicit thre a t about her present or future
employment status
 Interference with her work or creating a n intimidating or
offensive or hostile work environment for her
 Humiliating treatment likely to affect her health or safety.
1.4- SEXUAL HARASSEMENT 12
CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

 Ever y Employer of a workplace shall by order in writing constitute

a committee to be known as “Internal Complaints Committee”

Members of the Committee

A. Presiding Officer who shall be a woman employed a t a
senior level a t workplace from amongst the employees
B. Not less t h a n two members from amongst employees
preferably committed to the cause of women/ experience in
social work/ have legal knowledge
C. One member from the NGO/ associations committed to the
cause of women/ person familiar with the issues relating to
sexual h a r a s s m e n t
D. The Committee members to hold office for three years and
External member will be paid fees

1.4- SEXUAL HARASSEMENT 13

 COMPLAINT OF SEXUAL HARASSMENT

 A written Complaint to the Internal committee by the

complainant, within a period of three months from the
date of the incident and in case of series if incidents,
within a period of three months from the date of last
incident.
 The Internal committee can extend the period with
reasons in writing exceeding not more t h a n 3 months
 Legal heir or such other person can make a
complaint on account of her physical or mental
incapacity or death.

1.4- SEXUAL HARASSEMENT 14

 PROVISIONS FOR COMPLAINT REDRESSAL
Written report is necessary in each option
Conciliation – a t the request of the aggrieved woman
before initiating a n inquiry to settle the mat t er
 No monetary settlement shall be made as a basis for
conciliation and no inquiry will be conducted
Inquiry into Complaint
The internal committee has same powers as are vested
in a civil court, such as
1 . Summoning and enforcing attendance of any person
and examining him on oath
2. Requiring the discovery and production of
documents
3. Any other ma t t er which may be prescribed

Inquiry to be completed within 90 days

1.4- SEXUAL HARASSEMENT 15
 PROVISIONS FOR COMPLAINT REDRESSAL
Inquiry R ep o rt a n d R e c o m m e n d a t i o n s
 To be provided to the employer by the Internal Committee, within
10 days of completion of inquiry and to be made available to the
concerned parties.
 If the committee reaches a conclusion t h a t the allegation
against the respondent h a s not been proved, it shall
recommend to the employer t h a t no action is required against
the respondent.
 If the committee reaches a conclusion t h a t the allegation
against the respondent h a s been proved, it shall recommend
to the employer
 To take action as a misconduct in accordance with the
provisions of service rules applicable to the respondent, where
no such service rules have been made, in such a ma n n e r as
may be prescribed
 To deduct a n amount appropriate from the salary or wages
(Ref page no. 13 of the bare Act)

The Employer shall act upon the recommendations within 60 16

days.
1.4- SEXUAL HARASSEMENT
 FALSE ACCUSATION

 Punishment for False or Malicious Complaint

and False Evidence Mere inability to substantiate a
complaint or provide adequate proof need not attract
action against a complaint.
 If the internal committee comes to a conclusion t h a t it
was a false and /or malicious accusation and /or the
witness ha s given false evidence or produced any
forged or misleading document, it may recommend the
employer of the complainant and/or the witness to take
action in accordance with the provisions of the service
rules or where no such service rules exist, in such
ma nne r as may be prescribed.
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1.4- SEXUAL HARASSEMENT

 DETERMINATION OF COMPENSATION

 For the purpose of determining the sums to be paid

to the aggrieved woman the internal committee
shall have regard to
 The mental t r a uma, pain,suffering and emotional
distress caused to her
 The loss in career opportunity due to the incident of
sexual ha r a ss me nt
 Medical expenses incurred by the victim for
physical or psychiatric t r eatment
 The income and financial st atus of the
respondent
 Feasibility of payment in lump sum or in instalments.
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1.4- SEXUAL HARASSEMENT

 P ROHIBITION OF PUBLICATION OR MAKING KNOWN THE
CONTENTS OF COMPLAINT AND INQUIRY PROCEEDINGS

 Notwithstanding anything contained in the Right to

information Act, 2005, following can not be communicated
or made known to public, press or media
 Identity and address of the aggrieved woman,
respondent or witnesses
 Any information relating to conciliation and inquiry
proceedings, recommendations of the internal committee
 Action taken by the employer, There is a penalty for the
person entrusted with the duty to handle or deal with the
complaint, inquiry, recommendations or actions for the
publication or making known the contents of complaint
and inquiry proceedings.

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1.4- SEXUAL HARASSEMENT

 DUTIES OF THE EMPLOYER

 Provide Safe Working Environment

 Display at conspicuous places the penal consequences of sexual
harassment, the order constituting , the internal committee
 Organize workshops and awareness programs at regular intervals for
sensitising employees with the provisions of the act and orientation
program for the internal committee
 Provide facilities for the internal committee for dealing with the
complaint and conducting enquiry
 Assist in securing the attendance of respondent and witnesses before
the internal committee
 Provide assistance to a woman if she chooses to file a complaint in
relation to the Indian Penal Code or any other law for the time being
in force.
 Cause to initiate action under the Indian Penal Code or any other law
in force for the time being, if the woman so desires, where the
perpetrator is not an employee in the workplace where the incident of
sexual harassment took place.
 Treat Sexual harassment as a misconduct under the service rules and
initiate action for such misconduct. 20
 Monitor timely submission of reports by internal committee
1.4- SEXUAL HARASSEMENT
 MISCELLANEOUS

 Internal committee to submit annual report and

submit to the employer
 Employer should include in its report the information
on the number of cases filed and their disposal under
the proposed legislation

1.4- SEXUAL HARASSEMENT 21

 GOVERNMENT AUTHORITIES

Appropriate Govt should

 monitor implementation and maintain dat a

 Take measures to publicise the Act

 Power to call for information and inspection pf records

1.4- SEXUAL HARASSEMENT 22

 PENALTY FOR NON-COMPLIANCE OF ACT

Where the employer fails either of the following

 To constitute a n Internal committee
 To take action on inquiry report

 To punish for false or malicious complaint and false

evidence
 To include information in annu al report If the employer h as
been already convicted of a n offence punishable under this
Act, will bear twice the punishment / appropriate cognisance
will be taken by the court
 Cancellation /withdrawal/ non renewal of the licence
/ cancellation of the licence or the cancellation of the
registration by the Government or local authority required
for carrying out business or activity 23

1.4- SEXUAL HARASSEMENT

 THANK YOU

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1.4- SEXUAL HARASSEMENT