Gives brief description of Sexual harassment of women at workplace Act 2013.

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3.  Background of Act
 Important Definitions
 About sexual harassment
 Various provisions of Act
 Example of Notices &
Miscellaneous
Slide 4 to 6
Slide 7 to 13
Slide 14 to 15
Slide 16 to 38
Slide 39 to 42
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4.  This decision of the Supreme Court on 13 August, 1997 and
India being part of the CEDAW convention, happened to be the
basis for the SHAW Act, 2013.
 The Supreme Court prescribed in its decision as to how Women
at Workplace needs to be treated and what would be construed as
Sexual Harassment.
 The societal aberration, assisting in finding suitable methods for
realization of the true concept of Gender Equality and to
prevent sexual harassment of working women in all work places
through judicial process was the basis for this case.
 http://indiankanoon.org/doc/1031794/
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5. An Act aimed to provide protection against sexual harassment
of women at workplace and for the prevention and redressal of
complaints of sexual harassment and for matters connected
therewith or incidental thereto.
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6. Sexual Harassment results in violation of the fundamental rights
of a woman to equality under Article 14 and 15 of the
Constitution of India and her right to life and live with dignity
under Article 21 of the Constitution and right to practice any
profession or to carry on any occupation, trade or business
which includes a right to a safe environment free from sexual
harassment.
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7. Aggrieved Woman:
• In relation to a workplace a woman of any age whether
employee 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.
Domestic Worker:
A woman who is employed to do the household work in any
household for remuneration whether in cash or kind, either directly
or through any agency on a temporary, permanent, part time or full
time basis, but does not include any member of the family of the
employer.
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8. A person employed at a workplace for any work on regular,
temporary ad hoc or daily wage basis, either directly or through
an agent, including a contractor with or without the knowledge
of the principal employer, whether for remuneration or not, or
working on a voluntary basis or otherwise whether the terms of
employment are express or implied and includes a co-worker,
contract worker, probationer, trainee, apprentice or called by any
other such name.
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9. EMPLOYEE
Regular, temporary, ad hoc
employees
With or without
remuneration/voluntary
Express/implied terms of
employment
Directly/through
an
agent/contractor
Probationer/apprentice
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10. i) In relation to any department, organization, undertaking,
establishment, enterprise, institution, office, branch of unit of
the appropriate government or a local authority, the head of that
department, organization, undertaking, establishment, enterprise,
institution, office, branch or unit or such other officer as the
appropriate Government or the local authority, as the case may
be, may by an order specify in this behalf.
ii) In any workplace not covered under above clause(i), any person
responsible for the management, supervision and control of the
workplace.(Management includes the person or board of
committee for formulation and administration of policies for
such organization.)
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11. iii) In relation to workplace covered under above clause (i) &
(ii), the person discharging contractual obligations with respect
to his or her employees.
iv) In relation to dwelling place or house a person who employs
or benefits from the employment of domestic worker,
irrespective of the number, time period or type of such worker
employed or the nature of the employment or activities
performed.
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12. Creators
Government owned/controlled
establishments
Sports institutes,
stadiums, training institutions
Privatesector
organization's
Dwellingplace incase
ofa domestic worker
Hospitals/
Nursing homes
Vocational
EducationalInstitutions

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Any place visited by the employee
arisingout of; or during course of;
employment, including
transportation provided by
employer.

14. Sexual
Harassment
A demand or
request for sexual
favors
Physical contact
and advances
Showing
pornography
Sexually
coloured remarks
Any unwelcome
physical, verbal or
non-verbal conduct
of sexual nature
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15.  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
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16. Types of committees
Internal Complaint
Committee
Local Complaint
Committee
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17.  Mandatory for establishments employing 10 or more employees.
 ICC to be appointed by an order in writing.
 The said Committee shall hold office for a period not exceeding 3 years.
 The member appointed from NGO or other association shall be paid such fees or
allowances for holding the proceedings of the Internal Committee, by the
employer as may be prescribed.
 The Committee shall complete the inquiry within period of 90 days.
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18. Creators
A Presiding Officer – A woman employed at a
senior level at workplace from amongst the
employees.
Not less than two members amongst employees
preferably committed to cause of women or who
have experience in social work or have legal
knowledge
One member from NGO or association committed
to the cause of women or a person familiar with the
issues relating to sexual harassment.
Provided that at least
one-half of the total
members so nominated
shall be women

19.  http://www.unipune.ac.in/snc/womens_studies_centre/icc/
Potential external member list.
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20.  The Act envisages forming such Committee to address grievances of women
when :
 i)Internal Complaints Committee has not been constituted if the
establishment has less than 10 workers.
 ii)If the Complaint is itself against the said employer himself.
 To be set up in every district
 The District Officer shall designate one Nodal Officer in every block, taluka
and tehsil in rural or tribal area and ward or municipality in the urban area, to
receive complaints and forward the same to the concerned Local Complaints
Committee within a period of seven days.
 The said Committee will consist of One eminent Women in the field of social
work, one women from the block, tehsil or ward etc. two members of whom at
least one women to be nominated from NGO.
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21. Complainant shall submit 6
copies of the complaint &
supporting documents,
names, addresses of witness
to Committee.
Committee must send copy
of compliant to respondent
within 7 working days.
Respondent must file response
within 10 days along with
supporting documents and
witness details.
Such notice should be given
15 days in advance to the
party concerned.
Committee shall have right to
terminate inquiry or give ex-
parte decision if Complainant or
respondent remain absent for 3
consecutive hearings.
Committee can make inquiry
with the principal of natural
justice.
Legal practitioner is not
allowed to represent any
party during inquiry
During inquiry minimum 3
members including
presiding officer or
chairperson shall be present.
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22.  An aggrieved women can make a complaint in writing on sexual
harassment to the Local Committee if an internal Committee is
not constituted within a period of 3 months from the date of the
incident and in case of series of incidents within 3 months from
the date of last incident.
 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.
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23. The Committees may at the request of the aggrieved women take steps to
settle the matter between her and the respondent through conciliation.
Monetary settlement shall not be made the basis for such conciliation.
 If the settlement has been arrived the Committee concerned will forward
the settlement to the employer or the District Officer to take action as
specified in its recommendation.
 The Committee shall provide copies of the settlement as recorded to the
aggrieved women and the respondent as well.
 Where settlement has been arrived at, no further inquiry shall be conducted
by the concerned Committee.
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24. The Internal or Local Committee, may proceed with the inquiry into the
complaint in accordance with the service rules or in such as manner as may
be prescribed. If prima facie case exist, forward the complaint to the police,
within seven days for registering the case under Section 509 of the IPC.
 The internal Committee shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908 for :
i. summoning and enforcing the attendance of any person and examining
him on oath:
ii. requiring the discovery and production of documents; and
iii. any other matter which may be prescribed.
 The inquiry to be completed within a period of 90 Days
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25.  Transfer the aggrieved woman or the respondent to any other
workplace ; or
 Grant leave to the aggrieved woman; or
 Grant such other relief to the aggrieved women as may be
prescribed
(The leave granted to aggrieved woman shall be in addition to the
leave she would otherwise be entitled).
 The inquiry Report on completion can be submitted to the employer.
(MD / Audit Committee)
 If the allegations are not proved no action would be taken against
the respondent.
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26.  To take action for sexual harassment as a misconduct in accordance with
the service rules applicable or where no such service rule is available in
such manner as may be prescribed.
 To deduct not withstanding anything in the services rules applicable to the
respondent, from the salary or wages of the respondent such sum of
compensation to be paid to the aggrieved woman or to legal heirs, as it
may determine.
Provided, that in case an employer is unable to make deduction from the
salary of the respondent due to his being absent from duty or cessation of
employment, it may direct to the respondent to pay such sum to the
aggrieved woman.
Provided, further that in case the respondent fails to pay the sum referred to
by the Committee, it may forward the order for recovery of the sum as an
arrears of land revenue to the concerned District Officer.
The employer or the District Officer shall act upon the recommendation
within 60 days of its receipt.
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27. Committee may also recommend employer or district officer as the
case may be to take any action including :
• Written apology
• Warning
• Reprimand or Censure
• Withholding of promotion
• Withholding of pay rise or increments
• Terminating the respondent from service
• Undergoing a counseling session
• Carrying out community service
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28.  The mental trauma, pain, suffering and emotional distress
caused to the aggrieved woman.
 The loss in the career opportunity due to the incident of sexual
harassment;
 Medical expenses incurred by the victim for physical or
psychiatric treatment;
 The income and financial status of the respondent;
 Feasibility of such payment in lump sum or in installments
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29. Where the Committee arrives at a conclusion that the
allegation against the respondent is false or malicious or the
woman has produced any forged or misleading document it
may recommend to the employer or to the District Officer as
the case may be, to take action against the woman in
accordance with the service rule or such other action as it
may deem fit.
 Provided that a mere inability to substantiate a complaint
or provide adequate proof need not attract action against
the complainant under this section.
 Provided further that the malicious intent on part of the
complainant shall be established after an enquiry in
accordance with the procedure prescribed, before any action
is recommended.
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30. Provides non-publication of details pertaining to the identity and
address of the aggrieved woman, respondent and the witness or
any other information relating to conciliation and inquiry
proceedings, recommendations of the Committee and action
taken by employer to the public, press and media in any manner.
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31.  Any person aggrieved from the recommendations made under sub-
section (2) of section 13 or under clause (i) or clause (ii) of sub-
section (3) of section 13 or sub-section (1) or sub-section (2) of
section 14 or section 17 or non-implementation of such
recommendations may prefer an appeal to the Court or tribunal in
accordance with the provisions of the service rules applicable to the
said person or where no such services rules exist then, without
prejudice to provisions contained in any other law for the time being
in force, the person aggrieved may prefer an appeal in such manner as
may be prescribed.
 The appeal under sub-section (1) shall be preferred within a periods of
90 days of the recommendations.
(Section 18/ Section 13: Inquiry report, Section 14: Punishment for false or malicious complaint & evidence, Section 17: Penalty for
publication of content of complaint & inquiry proceeding.)
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32.  Provide a safe working environment at the workplace which shall
include safety from the persons coming into contact at the
workplace.
 Display at any conspicuous place in the workplace, the order
constituting, the internal committee.
 Organize workshops and training programs at regular intervals
for sensitizing the employees regarding the provisions of the Act.
 Provide necessary facility to the Internal Committee or the Local
Committee, as the case may be for dealing with the complaint and
conducting inquiry.
 Assist in securing the attendance of respondent and witnesses before
the committee.
 Make available such information to the committee.
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33.  Provide assistance to the women if she chooses to file a complaint in
relation to the offence under the Indian Penal Code or any other law for the
time being in force.
 Initiate action, under the Indian Penal Code or any other law for the time
being in force, against the perpetrator after the conclusion of the inquiry, or
without waiting for the inquiry where the perpetrator is not an employee in
the workplace at which the incident of sexual harassment took place.
 Treat sexual harassment as a misconduct under the service rules and initiate
action for such misconduct.
 Monitor the timely submission of reports by the Internal committee.
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34.  The setting up of a complaints committee and an anti-sexual harassment policy lays a strong
foundation for a sexual harassment free workplace. However, effective training programs
are essential to sensitize/train all their staff members, men and women, to recognize sexual
harassment, deal with it when it occurs and prevent it. The training program is the best way
to ensure proper understanding and implementation of your policy. It is the best forum to
communicate to employees what behavior is acceptable and what is not, in a non-
threatening atmosphere of mutual learning. Training for the members of the Complaints
Committee and others who are going to be instrumental in implementing the policy, is very
essential. Their training should include a component of gender sensitization, along with the
procedures for taking complaints, and for enquiry, etc.
 Conduct yearly meetings with your supervisors to review the sexual harassment policy, and
to make sure that they understand that an employee does not need to suffer negative
consequences in order to make a complaint of sexual harassment. Inform the supervisors
that even mild to moderate sexual jokes or statements can create an atmosphere of hostility
that will make some employees uncomfortable, and could lead to the creation of a hostile
work environment.
 Sexual harassment training for all employees should address perceptions and understanding
of sexual harassment, impact of sexual harassment on individuals and workplace,
understanding the policy and complaints mechanism. The training for Complaints
Committee should address, in addition to these, the procedures of investigation, skills
necessary for enquiries, documenting the procedures.
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35.  The Internal or Local Committee shall in each calendar year
prepare in such form and at such time as may be prescribed an
annual report and submit the same to the employer and the
District Officer.
 The District Officer shall forward the brief report on the annual
reports received under sub-section (1) to the State Government.
 The employer shall include in its report the number of cases
filed, if any, and their disposal under this Act in the Annual report
of his organization or where no such report is required to be
prepared, intimate number of such cases to the District Officer.
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36. The appropriate Government on being satisfied that it is necessary in public
interest may by order
 Call upon any employer or District Officer to furnish in writing such
information relating to sexual harassment as it may require.
 Authorize any officer to make inspection of the records and workplace in
relation to sexual harassment, who shall submit a report of such inspection
to it within such period as may be specified in the order.
 Every employer and Dist. Officer shall produce on demand before the
officer making the inspection all information, records and other documents
in his custody having a bearing on the subject matter of such inspection.
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37. Where an employer fails to :
 constitute an internal committee
 take action against the respondent
 contravenes or attempts to contravene or abets contravention of other provisions of
this Act or any rules made thereunder
shall be punishable with fine which may extent to
1. Fifty thousand rupees.
In case of second or continuing offence,
- 2. Twice the punishment which may be imposed the first time.
- Provided that in case a higher punishment is prescribed under any other law for the
time being in force, for the offence for which the accused is being prosecuted the
court shall take due cognizance of the same while awarding the punishment;
- 3.Cancellation of license or withdrawal or cancellation of registration required
for carrying on the business or activity.
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38.  No Court shall take cognizance of any offence punishable
under this Act, unless a complaint is made by the aggrieved
women or any person authorized by the Internal Committee or
Local Committee in this behalf.
 No Court inferior to that of Metropolitan Magistrate or
Judicial Magistrate of first class shall try any offence
punishable under this Act.
 The Provisions of this Act shall be in addition to and not in
derogation of the provisions of any other law for the time
being in force.
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39. THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
The following Acts would be construed as offence under the said Act.
1. Physical Contact and advances. Or
2. A demand or request for sexual favours; or
3. Making sexual coloured remarks; or
4. Showing pornography; or
5. Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.
6. Implied or explicit promise or preference treatment in your employment
7. Implied or explicit threat of detrimental treatment in your employment
8. Implied or explicit threat about your present or future employment status
9. Interference with you work or creating an intimidating or offensive or
hostile work environment for you; or
10. Humiliating treatment likely to affect your health or safety.
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40.  Ms. XYZ – Chief Information Officer – Presiding Officer
 Email Id : Mobile :
 Mr XYZ – VP – HR – Member
 Email Id : Mobile :
 Mr XYZ– GM – Legal & Secretary – Member
 Email Id : Mobile :
 A Lady representative from a Non-Government Organisation
(NGO)
 Email Id : Mobile :
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41. Key action point checklist
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42.  The report by Women and Child
Development Department:
Per report 526 cases of sexual harassment of women at workplace
were reported during 2014, 57 cases were reported at office premises
and 469 cases were registered at other places related to work
 A Sexual harassment case:
A staff nurse has pressed molestation charges against the principal of
government ayurvedic college at Udaipur.
The complaint said the principal made obscene gestures, sent vulgar
messages and transferred the nurse when she strongly objected to his
advances. A district committee empowered to hear such complaints
has submitted its report finding the charges to be true.
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