Sexual harassment at workplace (Prevention, Prohibition and Redressal) Act 2013 with critical review of the act

1. Democracies with high levels
of violence against women
are as insecure and unstable
as Non-democracies.
Whether a country is a
democracy or not, is
irrelevant.

2.  So true!
In most countries in the world,
there is no physical security of
women only because they are
women.
 You will not call a place a
home if you do not feel safe
and secure.

3.  A country is not your country if most
people, belonging to it, believe that it
is OK to oppress you because your
genital organs are not the right
organs.
 Most women in this patriarchal
world are homeless.
 They, in true sense, have no country.

10.  Problem statement
 Definition
 Types
 Identifying sexual harassment
 Causes
 Consequences
 How to stop Sexual
Harassment?
 Legislations
 Steps to file a complaint
 Conclusion
 Journey ahead

11. One
rape every
29minutes
One
Woman is
molested every
26minutes
One
Crime against
Woman every
3minutes

12.  66 of the 400 respondents faced a cumulative of 121 incidents
of sexual harassment.
 About 102 of the 121 incidents were reported to be non-
physical, whereas the remaining 19 incidents were physical
 "While 87% of the general population and 93% of working
women respondents reported awareness of sexual
harassment of women at workplace, a majority of the victims
didn't resort to any formal action against the perpetrators.”

13.  “The top three industries unsafe for women are labourers
(29%), domestic help (23%) and small-scale
manufacturing units(16%).“
 Also, 26% of working women reported to be the sole
earning members of their families, indicating that
economic vulnerability renders them further vulnerable
to harassment.

18.  Sexual harassment against
women is widely recognized as an
important public health problem,
owing to its substantial
consequences on women's
physical, mental , social and
reproductive health.

19.  Unwelcome verbal, visual,
or physical conduct of a
sexual nature that is severe
or pervasive and affects
working conditions or
creates a hostile work
environment.

20.  Conduct is NOT sexual
harassment if it is
welcomed.
 For this reason, it is
important to
communicate (either
verbally or in writing) to the
harasser that the conduct
makes you uncomfortable
and you want it to stop.

21.  Verbal/Written:
 Comments about clothing, person’s body
 Sex-based jokes
 Requesting sexual favors
 Repeatedly asking a person out
 Telling rumors about a person’s personal
or sexual life
 Threatening a person
 Sending email, sms of a sexual nature
 Physical:
 Assault, Impeding or blocking movement
 Inappropriately touching a person or a
person’s clothing
 Kissing, hugging, patting, stroking

22.  Nonverbal:
 Looking up and down a person’s
body (“elevator eyes”);
 Derogatory gestures or facial
expressions of a sexual nature
 Following a person
 Visual:
 Posters, drawings, pictures,
screensavers, emails of a
sexual nature

23.  A single unwanted request for
a date or one sexually
suggestive comment might
offend and be inappropriate,
but it may not be sexual
harassment.
 However, a no. of relatively
minor separate incidents may
add up to sexual harassment
if the incidents affect the work
environment.

24.  The conduct unreasonably
interferes with the work
performance or creates an
“intimidating, hostile, or
offensive work environment.”
 E.g. Repeated sexual comments
makes someone so
uncomfortable at work that
his/her performance suffers or
he/she declines professional
opportunities because it will put
in contact with the harasser.

25.  How many times did
the incidents occur?
 How long has the
harassment been
going on?
 How many others
have been sexually
harassed?
 Who were witnesses
to the harassment?

26. Some Relationships in which Sexual
Harassment can occur:
YOU
STRANGERS
CO-WORKERS
BOSS

27.  Quid Pro Quo
 Hostile Environment
 Non Employee
 Third Party

28.  Quid Pro Quo
(“This for that”)
A person in a position
of authority, typically
a supervisor,
demands sexual
favors as a condition
to getting or keeping
a job benefit.

29.  A single, severe incident,
such as a sexual assault,
could create a hostile
environment.
 More commonly, by a
series of incidents.

30. Courts are likely to find an illegal hostile
work environment where there is:
Pornography
Vulgar Language
SexualTouching
Degrading Comments
Embarrassing Questions
Sexual Jokes
Sexual Propositions

31. Sexual harassment by a non-employee, e.g.
Vendors, Customers orVisitors
Is a NOT excusable behavior.
Harassment by a non-employee CAN lead to
sexual harassment charges, just as sexual
harassment by an employee would.

32. Behavior not found
offensive by some
employees can
facilitate an
offensive
environment for
other employees.

33.  A stray remark
 An overly sensitive
employee
 Consensual relationships

34. 1) Socialisation: The way in which men and women were brought
up to see themselves and others strongly influences their
behaviour.
2) Power games: Some men feel threatened by the career
advancement of women. Other men who have recently gained
positions of power may also try to prove themselves by harassing
women subordinates.
3) Moral values, divorce, disputed marriages and cultural
differences: In times of moral laxity, when extra-marital affairs
and "one-night stands" are broadly accepted, when some people
equate monogamy with monotony, it is relatively easy for people
to indulge in office flirtations, whether one-sided or mutual

35. 4) Credibility and victim-blaming: Management may take the
word of a senior person rather than that of a subordinate,
particularly if the managers concerned are all men.
The common tendency of victim-blaming often causes the
plaintiff to end up virtually as the accused.
We should heed the saying:
5) Aggressiveness or bravado: Men in groups often behave
differently from how they would as individuals. "gang
harassment"
6) Lack of company policy
"However I dress, wherever I go, My yes isYes, and my no is No"

36. Sexual
Harassment
Cost to
companies
Legal cost
Personal
Cost

37.  By reducing productivity, morale and motivation
 Companies may lose valuable staff- prefer to
resign than to confront
 High absenteeism
 Undermine ethical standards and discipline in the
organisation in general
 Company's image among its staff, customers and
the general public also suffer.
Cost to companies

38.  Leads to both criminal action and civil claims.
 Penalty to employer in case of lack of company policy
against harassment
 Undermines their self-confidence, personal
effectiveness, trust in men and people in authority
 Serious psychological damage
 Difficulty in finding another job, can disrupt entire life
Legal cost
Personal Cost

39. We spend a significant amount of time in
OUR workplace.
Many of our jobs are already stressful without
the added stress of harassment.
What you allow, is what will continue

40. Stop
harassment
before it
starts.

41. How do
WE
stop
disrespectful
behaviour?

42. S
T
O
P

43. Source
T
O
P
The source of the disrespectful
behavior has the responsibility
to stop behaving in such a manner.
What about US. Are we part of
the problem? Have we added to
the disrespectful behavior?

44. S
Target
O
P
The target must help confront the
Harassment/harasser!
If we are offended by other’s
actions or words, we need to let
them know and ask them to stop.

45. S
Target
O
P
Consider this:
How can this person correct his or
her behavior if he or she is
unaware of its impact?
The source of the disrespectful
behavior may not even know that
his or her behavior is offensive to us.

46. S
T
Observer
P
Those who observe disrespectful
or harassing behavior have a
responsibility to stop it when it
occurs; and one who notices such
is NEVER an innocent bystander!
It is simply the right thing to do.

47. S
T
O
Person in authority
Every person in authority has a duty
to keep the workplace free from
offensive and harassing behavior.
Each person in authority is crucial
to creating a respectful workplace.

48. Source
Target
Observer
Person in authority

49. Have the Power to empower yourself

50.  Before 1997, women experiencing sexual
harassment at workplace had to lodge a
complaint under Section294, 354 and 509 of
the Indian Penal Code
 These sections left the interpretation of
‘outraging women’s modesty’ to the discretion
of the police officer.

51. Vishaka
Guidelines 1997

52.  The Supreme Court in
Vishaka vs State of
Rajasthan(1997) for the first time recognized,
acknowledged & explicitly defined sexual
harassment as an –
Unwelcome sexual gesture or behaviour aimed
or having a tendency to outrage the modesty of
woman directly or indirectly.

53.  Brings in its purview all employers in
organized and unorganized sectors by
holding them responsible for providing safe
work environment for women.
 Applies to all women whether students,
working part time or full time, on contract or
involuntary/honorary capacity.

54.  Coordinator of Aalochana, a centre for
documentation and research on women and
other women’s rights groups, together with
others, petitioned the Court highlighting a
number of individual cases of sexual harassment
and arguing that :
Vishaka Guidelines were not being effectively
implemented.

55.  The Apex Court went on to note that some
states appeared not to have implemented
earlier Court decisions which had required
them to make their legislation compliant with
the Vishaka Guidelines.
Lacunas inVishaka Guidelines

56. (PREVENTION, PROHIBITION AND REDRESSAL)
ACT 2013

57.  On 22rd April 2013, the legislature finally brought
into force a comprehensive legislation dealing with
the protection of women against sexual
harassment at workplace.
 The Act has in fact sought to widen the scope by
bringing within its ambit (amongst other things) a
“domestic worker”
 (defined to mean a woman who is employed to do
the household work for remuneration whether in
cash or kind, on a temporary, permanent, part time
or full time basis. E.g. Housemaids)

58.  The Act has defined “SEXUAL HARASSMENT”
to include the following unwelcome acts or
behaviour (whether directly or by implication)
namely:
 physical contact and advances;
 a demand or request for sexual favours;
 making sexually coloured remarks;
 showing pornography; or
 any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.

59.  Further, the following may also amount to
sexual harassment:
 implied or explicit
▪ promise of preferential treatment;
▪ threat of detrimental treatment;
▪ threat about present or future employment status;
 interference with work or creating an intimidating
or offensive or hostile work environment; or
 humiliating treatment likely to affect health or
safety.

60.  In relation to a workplace
 a woman, of any age whether employed or not,
who alleges to have been subjected to any act
of sexual harassment by the respondent;
 In relation to a dwelling place or house
 a woman of any age who is employed in such a
dwelling place or house.

61.  The act covers all women
- in the organized or unorganized sectors
- public or private
- clients, customers and domestic workers
 Irrespective of their age or employment
status

62.  Organizations, departments,
institutions, office, branch unit
etc. in the public/private sector,
both organized and unorganized
 Hospitals, nursing homes,
educational institutions, sports
institutes, stadiums

63.  NGOs, trusts, cooperative
societies , service providers
 Any place visited by the
employee in the course of
employment including
transportation
 A dwelling place or a house

64.  The head or the person responsible for
formulation & administration of policies of
the workplace
 The person discharging contractual
obligations with respect to his/her
employees
 For a domestic worker, the person who
benefits from that employment

65.  Regular/temporary/ad-hoc/
daily wage employees
 Volunteers, contractual worker,
probationer trainee, apprentice etc

66.  A
Internal Complaints
Committee (ICC)
To be formed by
every employer at
workplace
Local Complaints
Committee (LCC)
To be formed by
every District
Officer
District Officer
District Magistrate/ Add.
District Magistrate/
Collector/ Deputy Collector

67. PRESIDING OFFICER :-
Woman employed at a
Senior Level at
Workplace; If not
Available then-
nominated from other
Offices or Administrative
Units of the Workplace
2 MEMBERS
AMONGST
EMPLOYEES:-
Committed to the
cause ofWomen OR
Experience in Social
Work
1 MEMBER FROM
NGO or
ASSOCIATIONS
Committed to cause
ofWomen.
MEMBERS
OF THE ICC
ONE- HALF of the
Total Members
Nominated shall
be WOMEN
TENURE:
Not Exceeding 3
YEARS
Workplace with
≥10 employees

69. CHAIRPERSON
Eminent woman in the
field of social work
≥ 2 MEMBERS
1 from NGO or
association working
for social cause
At least 1 Member
with legal knowledge
At least 1 Member
belong to
SC/ST/OBC/Minority
1 MEMBER
Woman working in
the block
MEMBERS
OF THE
LCC
ONE- HALF of the
Total Members
Nominated shall
be WOMEN
TENURE:
Not Exceeding 3
YEARS
Workplace with
< 10 employees
Domestic
Worker
Complaint
against employer

70.  The Committees shall have the same
powers as are vested in a civil court when
trying a suit in respect of the following
matters:
 Summoning and enforcing the attendance of
any person and examining him on oath;
 Requiring the discovery and production of
documents; and
 Any other matter which may be prescribed.

71. Step I
 May be extended for 3 months if:
- Woman was prevented from filing the complaint on
account of certain circumstances.
 If unable to make a complaint on account of
her physical or mental incapacity or death, her
legal heirs may do so.
Complaint to be made in writing within 3 months

72. Step I
6 copies of complaints with supporting
documents
Send one copy to respondent within 7 days
to get a reply
Respondent to file his reply within 10 days

73. Step II
Provision for Conciliation
 ICC/LCC can take steps to settle the matter
between the aggrieved woman & the
respondent.
 Only at the request of the woman
 Monetary settlement shall not be the basis of
conciliation.
73

74. Step II
 If settlement is not reached, inquiry is initiated.
 The ICC or LCC must proceed to make an inquiry in
accordance with the rules applicable to the
respondent
 In case of a complaint by a domestic worker, if a prima
facie criminal case exists, the LCC is required to
forward the complaint within 7 days to the police to
register a case under relevant provisions of the IPC.

75. This Law Provides a Civil
Remedy
If the Harassment is Criminal,
File a Complaint with the Police
for action under IPC 354 /509

76. Step III
 At least 3 members of committee should be present
 On completion of inquiry, the committee shall
provide report of its findings to the Employer or
District officer within 10 days (whether allegation
proved or not)
Inquiry to be completed within 90 days.

77. Step III
 During the pendency of inquiry, on a written
request by the aggrieved women, employer
may be required to:
 Transfer the woman or the respondent to any
other workplace
 Grant leave to the woman of upto three months
 Grant such other relief to the woman as may be
prescribed.

78. Step IV
 If the allegations against the respondent are
proven:
 Take action for sexual harassment as a misconduct in
accordance with the provisions of the applicable rules
 To deduct from the salary or wages of the respondent
such sum as it may consider appropriate to be paid to
the aggrieved woman or to her legal heirs.

79. On Arriving at the Amount to be Paid
The complaints committee should consider
the following factors:
• Trauma, pain or distress caused
• Loss of career opportunity due to the incident
• Medical expenses incurred
• Income of the respondent
• Feasibility of such payment in lump sum or
installments

80. If No Rules on Punishment Framed
 If the institution has not framed its own rules
for punishment, the complaint committee can
recommend an appropriate punishment
 Can be a written apology, a warning,
withholding of promotion/ pay rise/
increments, termination from service,
subjecting to counseling or forcing to do
community service.

81. Step IV
 Appeal to the Court orTribunal within 90 days
of the recommendations if:
 Aggrieved from the recommendations
 Non-implementation of such recommendations
 The employer to act on
recommendations within 60 days.

82. StepV
 Annual Report
 No. of cases
 Actions taken on the cases
 Activities conducted during the year

83.  If malicious or false complaint has been made, a
penalty be levied on the complainant in
accordance with the applicable service rules.
 Mere inability to substantiate a complaint will
not attract action under this provision.
 The malicious intent or falsehood on part of the
complainant must be established after a proper
inquiry before any action is recommended.

84.  If fails to comply with the provisions of the
Act, liable to be punished with a fine which
may extend up to Rs. 50,000.
 In case of a subsequent conviction under
this Act, may be punished with twice the
punishment prescribed or by cancellation
of his licence or withdrawal of his
registration.

85.  Prohibits disclosure of the identity & address
of the aggrieved woman, respondent and the
witness
 Anyone who discloses will be liable to pay a
penalty of Rs 5,000
 But information regarding the justice secured
to any victim, without disclosing the identity,
can be publicised

86.  The complaints committee can terminate the
inquiry proceedings or give an ex-parte
decision:
 if the complainant or the respondent fails, without
sufficient cause, to present herself or himself for
three consecutive hearings
 Ex-parte or termination order will not be
passed without giving the complainant/
respondent a 15-day notice in writing

87.  A clear policy from management.
 Awareness of the problem, and of own, and
others' rights.
 Complaints and disciplinary procedure.
 Other supporting measures.

88.  The law makes sexual harassment at
workplace a legal wrong
 It aims at man-woman harmony at work place
 It aims to build up confidence amongst female
employees to stand up against harassment
 It makes the employer duty-bound to ensure a
harassment-free atmosphere for woman to
enhance work productivity

89.  Thus, the resolution largely depends on robust
internal systems, privacy and the ability to
safeguard the reputations of the aggrieved,
the accused and the organisation.
 A fair and neutral investigation system, the
right and opportunity to express, better and
equitable work conditions and suggested
exceptions, as the case might be, are other
important components of a robust system.

91.  The resentment towards incidents of sexual
harassment is also increasing.
 Perhaps this legislation will help the silenced voice of
women audible by taking off the feet that coerce
women’s necks.
 However, looking at the rising number of reported
complaints of sexual harassment it is evident that the
new law has at least served to improve awareness
about the obligations of employers and rights of
employees in case of workplace sexual harassment

92. Care aboutWHAT you say…
HOW you say it--
Before you say it!

93. 11 May, 2014